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Agenda 10/26/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 26, 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 26, 1999 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES A. September 28, 1999 - Regular Meeting B. October 4, 1999 - Value Adjustment Board 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming November 8, 1999 as Community and Regional Planning Day. To be accepted by Ms. Dottie Cook, AICP, Southwest Florida Regional Planning Council 2) Proclamation proclaiming week of November 7-13, 1999 as Youth Appreciation Week in Collier County. To be accepted by Mr. Gerald Neff, President, Sunset Optimist Club B. SERVICE AWARDS 2 October 26, 1999 1) PUBLIC SERVICES: a) Martha Skinner, Social Services - 30 Years b) Irving Baez, Park & Recreation - 10 Years c) Shahla Kermani, Library - 5 Years d) Joan Wojcik, Library - 5 Years 2) PUBLIC WORKS: 3) 4) 5) 6) 7) a) Elida Valdez, Transportation - 25 Years b) Enrique Salas, Transportation - 20 Years c) Robert Dennison, Wastewater - 10 Years d) Dale Bergenback, Transportation - 10 Years e) James Dibuono, Wastewater - 10 Years f) James Foster, Water - 10 Years g) Duban Guerrero, Transportation - 5 Years h) Gonzalo Bianco, Transportation - 5 Years i) Ray Wells, Water Distribution - 5 Years SUPPORT SERVICES: a) John Ure, Facilities Management. - 15 Years b) John D'Amico, Facilities Management - 15 Years COMMUNITY DEVELOPMENT: a) Randy Casey, PS/Engineering Review - 15 Years b) Gursel Yilmaz, Pollution Control - 10 Years c) David Hedrich, Code Enforcement - 5 Years EMS: a) Scott Wernert - 5 Years b) Jonathan Harraden - 5 Years c) Sandra Pitts - 5 Years d) Eva Weeks - 5 Years e) Michelle Wiiliamson - 5 Years f) Todd Coulter - 5 Years g) Daniel Bowman - 5 Years COUNTY ATTORNEY: a) Mary Stuczynski - 10 Years AIRPORT AUTHORITY: a) Gail Hambright - 5 Years 8) PELICAN BAY: a) Jeffery Sawicki - 5 Years C. PRESENTATIONS 3 October 26, 1999 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Scott Bonham regarding the Davis Blvd. median beautification project. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Redirection of the ad hoc Collier County Census 2000 Complete Count Committee. 2) This item has been deleted. 3) PETITIONER HAS REQUESTED THAT THIS ITEM BE CONTINUED. Review hearing to consider a protest of Correctional Facilities impact fees assessed to Grey Oaks Country Club, Inc. for a clubhouse expansion. 4) Tourist Development Funding for Southwest Heritage, Inc. regarding advertising and promotion of the Lionel Toy Train Museum $17,000. s) Request by Anthony P. Pires, Jr. representing the Naples Italian American Club for a waiver of the application fee for a variance. (COMPANION TO 17 F) 6) Proposal to prepare regulations to ensure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) are developed in a coordinated manner with regard to public roads, storm drainage, water, and sewer utilities 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 4 October 26, 1999 Gate City), on the South by 1-75, on the East by land zoned agriculture, and on the West by Golden Gate Community Park and Berkshire Lakes PUD. 8) Discussion on the Florida Department of Transportation Fast Track Economic Growth Initiative. B. PUBLIC WORKS 1) Report to the Board regarding Road Impact Fee Update Study. 2) A report to the Board on the Sanitary Sewer Sub Element of the Collier County Growth Management Plan. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) A Report to the Board on the Progress of Year 2000 Compliance. 2) A settlement discussion regarding the lawsuit, WajersM vs. Collier County, Case Number 95-3067-CA-01. ' 5 October 26, 1999 COUNTY ADMINISTRATOR 1) Board adoption of a County legislative agenda. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the Office of the County Attorney and the Risk Management Department to retain outside counsel to represent three individual county employees sued in PopPv. Collier County, Case No. 99- 3286-CA, Twentieth Judicial Circuit in and for Collier County, Florida and waive the purchasing policy to the extent it applies to the selection of Outside Counsel. 6 October 26, 1999 10. BOARD OF COUNTY COMMISSIONERS THIS ITEM IS TIME CERTAIN FOR 9:30 A.M. Update from Army Corps of Engineers staff on the Environmental Impact Statement. (TO BE HEARD IN CONJUNCTION WITH ITEM 10(D)). B. Appointment of member to the Public Vehicle Advisory Committee. C. Appointment of members to the Parks and Recreation Advisory Board. A Resolution of the Board of County Commissioners of Collier County requesting an extension of the Public Comment period for the Army Corps Draft ElS (Timothy J. Constantine) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 7 October 26, 1999 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF 'ITEMS ' 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Public hearing for the 1999 Growth Management Plan Amendments. B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. 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 2) Petition PUD-76-35(2), R. Bruce Anderson, Esq., of Young, vanAssenderp, Varnadoe & Anderson, P.A., representing Aquaport, L.C., requesting an amendment to the Wildernes PUD, Ordinance No. 77-7, for the purpose of approving a mixed use (retail/service/offices) commercial development not to exceed 37,460 square feet of ground floor space subject further to a specific Site Development Plan for parcel 9 (a.k.a.) commercial tract of said Wilderness PUD Master Plan for property fronting on Goodlette-Frank Road (C.R. 851) in Sections 22 and 27, Township 49 South, Range 25 East, Collier County, Florida. 3) Petition PUD-87-36(3), Karen K. Bishop, representing NTC Development Limited, seeks to repeal the current Carlton Lakes PUD and to adopt a new PUD in order to add drugstore, supermarket, and related uses to the uses already approved for the commercial tract of the PUD. This site is located on the north side of lmmokalee Road at the intersection of Immokalee Road and Livingston Road. 4) THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A" 8 October 26, 1999 to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately ¼ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85+ acres. C. OTHER 1) An ordinance repealing Ordinance 97-9 and replacing same with a new ordinance relating to street numbering, the names of streets and project, renaming public and private streets and providing procedures pertinent thereto. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 9 October 26, 1999 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) Petition C-99-8, Reverend Villmar Orsolin of Lady of Guadalupe Catholic Church requesting a permit to conduct a carnival on November 24 through 28, 1999 at 207 South 9* Street in Immokalee. 2) Petition C-99-9, Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church, requesting a permit to conduct a carnival on November 10,11,12,13,and 14, 1999 at 5325 28* Avenue S.W., Golden Gate City. 3) Request to approve for recording the final plat of "Eden at the Strand", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Request to approve for recording the final plat of "Santorini Villas at Olde Cypress", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) Request to approve for recording the final plat of "Island Walk Phase Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. I0 October 26, 1999 B. PUBLIC WORKS 1) Approve Change Order to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-269OR, Project 70859/70828. 2) Approve Amendment No. 6 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri Pass and Big Marco Pass Inlet Management Plan to provide project authorization for dredging the entrance to Collier Bay. 3) Approve Amendment No. 5 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri Pass and Big Marco Pass Inlet Management Plan to provide project authorization for additional T-Groins at Hideaway Beach. 4) Approve Settlement Agreement between Collier County, the Key Marco Development District, and Key Marco Development. 5) Award Bid No. 99-2990 for the construction of Livingston Road (Radio Road to Golden Gate Parkway) to Better Roads, Inc. PUBLIC SERVICES 1) Approval of budget amendment recognizing and appropriating $58,581 of carry-forward from a Gates Learning Foundation Grant received in FY 99. 11 October 26, 1999 D. SUPPORT SERVICES 1) Approval to award bid 099-2978 to painting contractors for annual painting contract.. 2) Approval of Express Scripts, Inc. as the Prescription Drug Provider for the County's Group Health Insurance Program. 3) Approval to Complete Repairs at the Main Courthouse Plaza. 4) Approve Unanticipated Expenditures Related to Major Plumbing Repairs at the Immokalee Stockade. 5) Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property. 6) Approval to utilize state contracts for purchase of furniture and floor covering over Twenty-Five Thousand Dollars. 7) Approval to recognize $87,760.85 in cash rebates from FP&L resulting from performance contracting. 8) Award of RFP #99-2969 to Naples Studio for production of a weekly County Government cable television news program. COUNTY ADMINISTRATOR 1) Budget Amendment Report- Budget Amendment #00-010; #00-011; #00- 012; #00-020. 12 October 26, i 999 F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 1) Agreement approval and adoption of Resolution authorizing the Execution and Agreement of said agreement between the Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Trust Fund. 2) Award Bid #99-2987 for the provisions of medications for the Department of Emergency Medical Services. H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS 13 October 26, 1999 1) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. J. COUNTY ATTORNEY 1) Recommendation to approve a legal services agreement with Fixel & Maguire as Legal Counsel to represent County relating to County's property acquisition interests including Eminent Domain Proceedings, for the Radio Road Improvement Project (Project No. 65031). AIRPORT AUTHORITY 1) To recognize an additional grant of $27,500 and increase the Immokalee T- Hangar Construction budget by $55,000. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO 14 October 26, 1999 INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition PUD-98-07(1) Karen K. Bishop of PMS, Inc., of Naples, representing Kenco Development, Inc., requesting a rezone from "PUD" (Wyndham Park) to "PUD" to be known as Indigo Lakes having the effect of amending the PUD document for the purposes of changing the project name, increasing the project acreage from 120.85 +/- acres to 140.85 +/- acres, changing the density from 3.66 units per acre to 3.14 units per acre, and changing the property ownership for property located on C.R. 951, south of the existing Oak Ridge Middle School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida. B. THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING Co De Ee AND FURTHER CONTINUED (NO DATE). 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 "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidential facilities including a club house, 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 CU-99-12, Louis H. Stirns, requesting conditional use in the "A" Rural Agricultural zoning district for a retail nursery for property located at 2061 Moulder Drive, in Section 30, Township 48 South, Range 27 East, Collier County, Florida, consisting of 10 +/- acres Petition CU-99-21 William L. Hoover, AICP, of Hoover Planning representing Richard and Jean Yahl and Teresa Yahl Fillmore, requesting Conditional Use "2" of the "A" zoning district for a sawmill, per Section 2.2.2.3., for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. Petition V-99-13, Thomas F. Long requesting a 10 foot variance to reduce the required 25 foot front yard setback to 15 feet for property located at 216 Fifth Street, Little Hickory Shores Unit 2, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. Petition V-99-16, Anthony P. Pires, Jr., and J. Christopher Lombardo of Woodward, Pires & Lombardo, P.A., representing the Naples Italian Club, Inc., requesting a variance of 10 feet from the required 50 foot front yard to 40 feet and a variance from the open space requirements of Land Development Code Section 2.6.32.1 for property located at 7035 Airport-Pulling Road North, in 15 October 26, 1999 Ge Section 2, Township 49 South, Range 25 East, Collier County, Florida. (COMPANION TO 8(A)5). Petition OSP-99-2, William L. Hoover, AICP, of Hoover Planning, representing Craig D. Timmins, Trustee, requesting approval of an off-site parking petition on Lot 70, Palm River Shores to serve a commercial development located on Tamiami Trail North directly to the west of the subject parcel on Lots 71,72,73,74, and 75, Palm River Shores. H. THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. 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 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 16 October 26, 1999 AGENDA CHANGES BOARD OF CO UNTY COMMISSIONERS' MEE TING OCTOBER 26~ 1999 ADD: ITEM 5(A)(3)- PROCLAMATION RECOGNIZING MONDAY, NOVEMBER 8TM AS ROD LAVER DAY IN COLLIER COUNTE TO BE ACCEPTED BY LARRY LEWIS, PELICAN BAY TENNIS FA CILITYDIRECTOR. (BCC OFFICE). ADD: ITEM lO(E): DISCUSSION REGARDING X-FEST (COMMISSIONER CAR TER). ADD: ITEM lO(F): PERMISSION TO ENTER INTO DISCUSSION ON AN INFORMAL BASIS WITH A CONSULTANT AND LEE COUNTY RE: SOLID WASTE AND AUTHORIZE STAFF TO CONTINUE DISCUSSIONS WITH LEE COUNTY. (COMMISSIONER BERRY). CONTINUE: ITEM 8(A)(6) TO 11/23 MEETING - PROPOSAL TO PREPARE REGULATIONS TO ENSURE THAT PROPERTIES IN NORTH NAPLES (SECTIONS 18 AND 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST) ARE DEVELOPED IN A COORDINATED MANNER WITH REGARD TO PUBLIC ROADS, STORM DRAINAGE, WATER AND SEWER UTILITIES (PETITIONER'S REQUEST). CONTINUE: ITEM 12(B)(4) TO 11/23 MEETING-PETITION PUD 98-20 GULF SUN CORPORATION, REQUESTING .4 REZONE FROM "A" TO PUD TO BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS. (PETITIONER'S REQUEST). NOTE: ITEM lO(A) IS SCHEDULED TO BE HEARD AT 9:30 A.M. AND ALSO TO BE HEARD IN CONJUNCTION WITH ITEM lO(D) - UPDATE FROM ARMY CORPS OF ENGINEERS ON THE ENVIRONMENTAL IMPA CT STATEMENT. PR 0 CLAMA TION WHEREAS, November 8'*, 1999 is the 50a Anniversary of World Town Planning Day; and, WHEREAS, November 8'~ of each year bas been celebrated as Worm Town Planning Day in many countries since its inception in 1949; and, WHEREAS, Tbe American Institute of Certified Planners (AICP) acting for tbe 11,000 members of the planning profession in America, a component of the 30,000 member American Planning Association, endorses World Town Planning Day as an opportunity to bigbligbt tbe contributions sound planning makes to tbe quality of our communities and environment and to celebrate American accomplishments in making collective decisions concerning our cities and regions tbat bring quality and meaning to our lives; and, WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the pai~ipa~'oii ~nd dedication of the member~ of planning commmwm a~ otb~ ~t~ ~l~nn~ wbo ba.e contributed thor ~EREAS, we ~o~e tbe many valuable contn~oa!~d ~ professtonal plann~s of ~e Co~ty of Colli~ and ~nd o~r bea~et~ ~n~ for the continued NO W THEREFOR~ ~ it proclaimed ~ the BOdrd q Couh~ co~mhsiOners q Collier COun~,' Flonda, ~at No~ember' 8,:.l~99;"be &stOried as ~. ' COMM~i~ AND REGIONAL PLA~I~'DAY in 'con]~cffon with tb~ ~orld~de celebration ~ ~o~n Planning Day. : ? DONE AND ORDERE~ ~IS :: ' ATTEST: PAMELA S. MA C'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK AGENDA ITEM No. ~-/-/- / 0 CT 2 6 1999 pg._ t PR 0 CLAMA TION WHEREAS, the vast majority of youth are concerned, knowledgeable and responsible citizens; and, WHEREAS, the accomplishments and achievements of these young citizens deserve the recognition and praise of their elders; and, WHEREAS, Optimist International has, since 1954, developed and promoted a program entitled Youth Appreciation Week; and, WHEREAS, the citizens of Naples, Florida have indicated a desire to join the Sunset Optimists in expressing appreciation and approval of the NOW THEREFORE,"be it proclaimed by Commissioners of ¢ollier County, Florida,)hat th~ele"~f November 7-13, 1999 be aes~gnatea as .: , ~ .. - ": ,; "YOUTH APPRECIATION WEEK IN COLLIER COUNTY" DONE AND ORDERED THIS 26th bay off'October, 1999; i! BOARD Or COrr 'rr COMMISSIONERS . COLLI~CO~,FLORIDA PAMELA S. MA C'KIE, CHAIR WOMAN A TTES T: DWIGHT E. BROCK, CLERK OCl' 2 6 199 COLLIER COUNTY ADMINLqrI TOR'S OFFICE October 19, 1999 3301E.T MITRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX: (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Scott Bonham 5254 Whitten Drive Naples, Florida 34104 Re: Request for Public Petition - Dear Mr. Bonham: Davis Blvd. Median Beautification Project Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 26, 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. Si~ly, Robert F. Femande,~ County Administrator RFFgop cc: County Attorney Public Works Division AGENDA. IT, EM No~ 7(~) , 1999 Pg, OCT (~ 4 1999 Board of County Commissioners Collier County, Florida Att: Barbara Pedone 3301E.Tamiami Trail Naples, Fi 34112 Dear Ms. Pedone, This is to request that I may speak to the Board of County Commissioners as soon as possible regarding the "Beautification Project" on Davis Blvd. east of Airport Blvd. I have delayed this request until it seems certain that there is no intent to correct the obvious inequity in the quality of plantings, le" Palm Trees", to the east of Osprey Landings. Private conversations have apparently not been successful. I look forward to hearing from you in the near future. Thank you for your help. Sincerely, Scott Bonham 5254 Whitten Drive Naples, Fi 341 04 AGENDA.JTEM No. 7 ~ - b,,; ~' 2 6 1999 Pg. ~ EXECUTIVE SUMMARY REDIRECTION OF THE AD HOC COLLIER COUNTY CENSUS 2000 COMPLETE COUNT COMMITTEE. OBJECTIVE: To provide the Board of County Commissioners with an update on the on-going efforts of staff and private initiatives to facilitate a Collier County Census 2000 Complete Count, and to request further direction. CONSIDERATIONS: On November 3, 1998, the BCC adopted Resolution No. 98-438 (Attachment 1) establishing the Collier County Census 2000 Complete Count Committee. The purpose of the Committee is, "...to plan and implement a locally-based promotion to publicize the importance of Census 2000". The Committee was to consist of fiPteen (15) members appointed by the BCC. Staff of the BCC office conducted press releases for interested citizens to apply on five (5) separate occasions. Two (2) responses to the press releases were received. Additionally, an individual solicitation letter, under the Chairwoman's signature, was also mailed by staff to selected community leaders. Five (5) responses to the letter were received. The Bureau of the Census indicates that in their experience, a minimum of fifteen (15) active participants are needed to accomplish the recommended work plan (Attachment 2). In September, 1999, county staff and the Administrator were approached by Tom Conrecode of the Southwest Florida Transportation Initiative Group offering to assemble a private sector initiative to ensure a complete count in Collier County. Subsequent meetings with Dawn Jantsch of the Naples Area Chamber of Commerce resulted in a commitment to assist in both the solicitation of interested parties to fill out the Complete Count Committee and with the initiative proposed by Mr. Conrecode. (Attachment 3). FISCAL IMPACT: If the Complete Count Committee becomes operative, there will be some costs associated with their efforts, such as advertising, printing, and public relations. The Census Bureau staff has informed us that previous experience shows that direct costs associated with the Committees have averaged $25,000.00. This does not include costs associated with staff support provided by the staffs of local governments in the County. Additionally, Mr. Conrecode has identified $75,000.00 - $150,000.00 in implementation costs for the private initiative. There is currently no funding for either the Complete Count Committee or the private initiative in the Adopted 1999/2000 County Budget. If the BCC directs staff to proceed with either or both programs, funding will need to be appropriated from reserves. AGENDA IT-EM No. 0 ;J i 2 6 1999 Pg. I GROWTH MANAGEMENT IMPACT: The Census count provides the foundation for development of population projections by BEBR at the University of Florida. Population projections are a basic building block in many comprehensive planning activities. Additionally, Florida and Collier County's realization of its fair share of Federal Funds is dependent on an accurate census count. RECOMMENDATION: That the BCC direct staffto: Continue to work with the Chamber of Commerce to achieve the appointment of fifteen (15) members to the Complete Count Committee. Cooperate with the private initiative outlined in Mr. Conrecode's proposal (Attachment 3). Prepare budget amendments to establish operating budgets for FY99/00 for the Complete Count Committee and the private initiative program in the amounts of $25,000.00 and $75,000.00 respectively. DATE REyItgWED BY: . ~ /; '~t/, BARBARA CACCItIONE, AICP COMPREItENSIVE PLANNING MANAGER /ROI~RT J. MULHERE, AICP PLANNINGSERVICES DEPARTMENT DIRECTOR ¢O mJNI ,: DEV. AND ENVmON ENTAL SVCS. CENSUS 2000/EX SUMMARY/Ink DATE /! ~ 2~ -/7 DATE DATE NO. t~ lD ! I OOT 2 6 1999 Attachment 1 RESOLUTION NO. 98- 438 A RESOLUTION ESTABLISHING THE COLLIER COUNTY CENSUS 2000 COMPLETE COUNT COMMITTEE FOR THE PURPOSE OF PLANNING AND IMPLEMENTING PROGRAMS TO PROMOTE AND PUBLICIZE THE IMPORTANCE OF CENSUS 2000; TO PROMOTE WIDESPREAD PARTICIPATION IN THE CENSUS; AND TO PROCURE A COMPLETE AND ACCURATE REPORT ON THE COMPOSITION OF RESIDENTS IN BOTH THE UNINCORPORATED AND INCORPORATED AREAS OF COLLIER COUNTY. WHEREAS, 13 U.S.C. §141(a) (1998), provides that every ten (10) years, the Secretary of Commerce of the United States shall take a decennial census to determine the population in each county for the purpose of apportionment of representatives in Congress among the states; and WHEREAS, the Federal government considers the decennial censuses provided by the Bureau of Census when apportioning federal fimds between the states; and WHEREAS, in accordance with 13 U.S.C. §141(e)(1), (1998), the administration of any program established by or under Federal law which provides benefits to state or local government's eligibility for, or the amount of such benefits, would be determined by taking into account the date the most recent decennial census was obtained; and WHEREAS, it is essential to the Federal government that the decennial enumeration of the population be as accurate as possible; and WHEREAS, it is vital to the interests of Collier County residents every resident receives, completes and returns a census questionnaire in order for the State to ascertain the special concerns of its community and the benefits for which Collier County may be eligible to obtain; and WHEREAS, the involvement of community leaders in communicating to the public the importance and credibility of the census is considered to be the most effective means available to thc County to assure full community involvement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONE: Creation of the Ad Hoc Collier County Census 2000 Complete Count Committee. In order to promote awareness of the Census 2000 and to motivate all socioeconomic and ethnic groups to participate in filling out the census form and returning it, the Board of County Comrmssioner~ hereby establishes and creates the ad hoc Collier County Centare 2000 Complete Count Committee (hereinafter referred to as the Cetmtm Committee). The Census Committee shall function m, and have representation from, all incoq~orated and unincorporated areas o! Collier County, Florida. AC.-~.]40A I~M OCT 2 6 1999 SECTION TWO: Composition of the Collier County Census 2000 Complete Count Committee. Members of the Census Committee shall be permanent residents of Collier County. Consideration shall be given those persons who have shown an interest in public affairs. In establishing the membership on the Census Committee, represenuaion of the full spectrum of residents of Collier County shall be sought, as well as a balanced socioeconomic, ethnic and geographic representation. The Census Committee shall consist of fifteen (15) members from both incorporated and unincorporated area of Collier County that are involved with various community interests, including representatives of business, civic groups, ethnic groups, churches, the homeless, the migrant community, and the School Board. SECTION THREE: Appointments, Terms of Office, Failure to Attend Meetings. Appointments to the Census Committee shall be made by the Board of County Commissioners. The formation of the Census Committee shall be publicized and prospective members sought through newspaper advertisement. The Comprehensive Planning Manager shall submit to the Board of County Commissioners a list of the names of those persons who have submitted letters of interest in serving on the Committee. The term of office of members appointed to the Census Committee shail begin on January 1, 1999 and expire on June 30, 2000. All members shall comply with the service and attendance requirements set forth in Collier County Ordinance No. 86-~1, as amended. SECTION FOUR: Officers, Quorum, Compensation. The officers of the Census Committee shall be elected by the members of the Census Committee and shall include a Chairman, Vice Chairman and Secretary. The presence of eight (8) or more members shall constitute a quorum. The Census Committee shall, by majority vote of the entire membership present, adopt rules of procedure for the transaction of business and shall keep a record of meetings, findings, determinations and census promotional activities. The members of the Census Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses upon receipt of prior authorization by the Board of County Commissioners. SECTION FIVE: Location of Meetings. All meetings of the Census Committee shall be public meetings. Meetings shall be held in the Board of County Commissioners Commission Meeting Room located on the third floor of the Administration Building at the Collier County Government Center, 3301 East Tara/ami Trail, Naples, Florida, unless another location is deemed appropriate by the Chairman of the Census Committee, or his designee. Public notice as to date, time and location of each meeting shall be posted at the Administration Building of the Collier County Government ~u~,. A~A~--[TEi~~ OCT 2 5 1999 2 SECTION SlX: Functions, Powers and Duties of the Collier County Census 2000 Complete Count Committee. The functions, powers and duties of the Census Committee shall be to promote Collier County awareness of Census 2000 and to motivate all residents of this community to participate by filling out the census questionnaire and returning it promptly. The Census Committee shall develop a local targeted plan of action to support Census 2000 operations, recruiting, and promotion. The Census Committee shall attempt to procure the services of highly visible and respected local community leaders to increase support for and response to the census. The Census Committee shall utilize local government departments, pan'icularly those agencies with extensive public contacts, to implement activities that will improve census participation by all residents, especially historically undercounted segments of the population. The Census Committee shall augment media programs, publicity and promotions conducted by the Census Bureau, while augmenting the Census Bureau's commitment to confidentiality. The Census Committee shall make all efforts necessary to assist the Census Bureau with educating local residents on programs and activities provide by the Census Bureau. The Census Committee shall support the Census Bureau's recruitment of employees needed to conduct the CenSUS. The Census Committee may organize and create subcommittees to accomplish the activities outlined above as they deem necessary. BE IT FURTHER RESOLVED that this Resolution shall be recorded in the minutes o: Board of County Commissioners. This Resolution was adopted after motion, second, and majority vote. h:Kay/Resolutions BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA OCT 2 6 1999 Attachment 2 Suggested Complete Count Committee Activities: Data Collection Support Activities Recruiting Activities Promotional Activities: Before Questionnaire Delivery (Now to March 15, 2000): Focus on Building Awareness of Census 2000 During Questionnaire Delivery Period (Mid-March to Mid-April 2000): Focus on Encouraging Community to Fill Out Questionnaire & Return It After Questionnaire Delivery Period (After April 15, 2000): Focus on Encouraging Community to Open Their Doors & Cooperate with Census Takers 1. Data Collection Support Activities Determine areas with high concentrations of people who speak languages other than English so. if available, questionnaires in appropriate languages can be delivered. Identify sites (Be Counted) where blank questionnaires will be available for persons who did not receive one or lost it. · Identify in what languages Be Counted questionnaires are needed. · Identify areas that might present difficulties in enumeration so th-at the Census Bureau might consider an alternative method of enumerating in those areas. · Identify local address lists and/or resources that can be used by local officials to review and augment the census address list. · Develop a list of places (soup kitchens, shelters, food pantries) where people without a usual residence obtain services. Encourage your government's participation in census geographic programs developed to update the census address list. AC, EI~A ITEM / OCT 2 6 1999 I1 Identif~v difficult to locate housing and "hidden" housing units so that thev can be included in the census address list. · Identify where Questionnaire Assistance Centers should be located. · Recruit volunteers to staff Questionnaire Assistance Centers. Recruiting Activities · Publicize availability of census jobs and requirements in your offices and throughout the community. · Help to recruit good candidates to apply for census jobs. Temporary jobs will be available in all geographic areas. Spread the word to your constituents, clients, staff and associates. · Identify. tempora~ office space for testing sites where job applicants can test to qualif,v for census positions as well as training sites for new census employees. · Develop incentives other than pay for working for the census. Promotional Activities: Before Questionnaire Delivery Period (Now to March l& 2000): All activities during this period should be focused on building a~vareness of Census 2000. · Arrange press conference announcing formation ofvour Complete Count Committee. · Call periodic press conferences for your highest-elected official and other influential community leaders to talk about the importance of the census. · Develop, produce, and distribute public service announcements tailored to your community using influential and popular local personalities. · Develop a contingency action plan now for neighborhoods where you expect low response rates so you can implement it immediately when initial mail response rates are announced in April. 2000. · Develop a program to involve government employees in the promotion of Census 2000. Appoint a census coordinator and identi~' "Census 2000 am lead promotional efforts in vour government agencies. OCT 2 6 1999 12 Have a ceremonial kickoff (Around March 15.2000) to publicize the mailout of questionnaires. Produce census messages and promotional materials tailored to your community. Arrange with local newspapers and publications to feature community leaders promoting participation in the census. Arrange for appearances on talk shows to discuss subjects such as confidentiality of the indi,~Sdual's responses to the census and benefits of the data to the community. If you wish, ask for a local Census Bureau representative to accompany you. Include census information and other promotional efforts in agency-sponsored community events such as parades, fairs, ethnic festivals, and other gatherings. Include Census 2000 on the agendas of meetings and community events. Provide exhibit booths. Invite census staff to make presentations. Print and display census messages on products, bags, envelopes, sales bulletins, public buses, billboards, and benches. Include census messages on Internet sites and create links to the Census Bureau's Inter'net homepage (www.census.gov) Call public and in-house meetings to help increase community awareness of census and promote its benefits. Recruit community leaders to organize a "telephone campaign" to be conducted through the community. The message should stress the importance of the census to the community, request that the form be filled out and mailed b-ack, and emphasize that all answers are confidential. Include census motivational flyers and articles on the importance of the census to the community in mailings to constituents. Distribute census motivational flyers in all government and community agencies that have public contact services and programs. Write letters to school districts encouraging the use of the Census in the Schools materials in the classrooms. AGEI~DA ITEM OCT 2 6 1999 13 Arrange to have census awareness/promotional materials translated into other languages, as needed. Write to local churches, other religious organizations, and ministerial alliances encouraging the support and use of Religious Organizations Project material. Meet with tenant organization presidents. Provide materials and solicit their commitment to distribute materials to their tenants. Arrange with local businesses to use postage meters to stamp the census logo on all outgoing mail. Arrange to have census banners, posters, and so forth, displayed on government vehicles, except police. Arrange to have census motivational flyers and messages included in business and local government employee paychecks and utility bills. Dispel myths and misconceptions-about the census. Stress the confidentiality aspect of the census and ensure community residents that it is safe to participate in the census. (Appendix C provides a copy of our confidentiality statement.) · Make public statements supporting the census at all meetings. OCT 2 6 1999 Attachment 3 Year 2000 Census Introduction Preparation is underway by the federal government to conduct the year 2000 census beginning early next year. Although some technical and procedural issues remain to be resolved at the federal level, it is not too early for cormnunities to begin working toward optimizing census results. Outreach and public information campaigns can be effective tools in the effort to achieve an accurate count particularly with many demographic groups represented in Southwest Florida. Census results will serve as the basis for state and federal funding formulas and allocations for the next decade. Funding allocations and progrmns that have a basis in the census figures include education, transportation, employment, entitlement programs as well as programs for the elderly and children. Other benefits include public health and health care, housing and economic development. Benefits of Accurate Counts The state and federal government make many oftheh' funding allocation decisions based on census data. Consequently, the community will suffer with the results of an incomplete count for the next ten years. Program eligibility at the federal level is often determined based on the demographic data collected in the decennial census but perhaps more hnportant is the distribution of over $100 Billion in federal revenue each year. For Collier County this works out to a per capita allocation of $3497.00 for 1994 (the last year data was available). This is projected to be roughly $4247.00 per capita by 2000. The state of Florida uses the very stone data for the development and distribution of programs and financial allocations throughout the state. Many of the services provided by county government depend on these allocations. Of particular importance to Southwest Florida in the 2000 Census is detennining eligibility of both Lee and Collier as Entitlement Communities. For the unincorporated areas of each county to reflect a population over 200,000 would greatly increase their eligibility fo: a number of federal (and state?) progrmns. Target Population Groups This area of the country has a high potential for errors in the census process as a result of a number of factors. The population is highly mobile and seasonal and the community has pockets of a traditionally undercounted population. The migrant farm population is a prime example of a demographic group that if captured accurately would direct additional programs and dollars to the county. Other part time residents such as seasonal service workers, construction workers and condominium dwellers are another important element that needs to be counted in the local population. Services such as roads and schools are required based on their temporary status and the federal allocations should track accordingly. Some impediments to reaching these groups can be overcome or mitigated with advance' and effective outreach. In the case of the farm worker population multilingual materials v to be developed and used in an out~each program that overcomes this population's skeptic >lanning ii1 ne~,.~A ism OCT 2 § 1999 toward trusting govenunent. In addition, centers such as schools, day care and elnplo3~nent services will need to be identified as contact points for these groups. Part time seasonal residents will have ap, opportunity to be counted at either of their residential addresses. An effective outreach program will help get much of this group counted in Southwest Florida. This cmnpaign should extol the benefits to them and their adopted community. This population can also be reached through many of their social service centers such as churches and cormnunity associations. Outreach Strategy The elements of a census public information cmnpaign should consider a varied approach that reaches each of the target populations in different ways. It should include an attention-getting and memorable slogan and a graphic element that carries through to all aspects of the campaign. In addition it must include a ne~'ork of business, chambers of commerce, civic associations, professional organizations and economic development groups to mobilize and support the public information campaign. Advertising and public service announcements can be effective at increasing awareness and directing people to source information and will be effective in delivering a multi-lingual message to target populations. Media sponsors can be enlisted to help reduce the cost of the advertising budget. Media relations will be another important aspect of the campaign. News conferences, editorial board presentations, press releases, guest opinions, radio and television talk shoes and other media relations activities will need to be coordinated to support the message. Other efforts could include a direct mail campaign to reach target populations or cormnunity event tie ins through the schools as well as parks and recreation programs. Timeline and Budget Considering the time required for developing the project team, getting outside assistance and creating the collateral and advertising materials the time to start is immediately. The bulk of the federal census mailing and follow up will occur in March and April 2000 with tabulation foil.owing throughout the rest of 2000. The outreach campaign should be timed for February through April. The creative effort should begin around November 1, 1999. The administrative time necessary to hire a Public Relations finn and develop the Census Project Team would then be added to the front end. The cost of the campaign will range from $75,000 to $150,000 depending on the extent of airtime purchased, public service announcements and savings from a cooperative campaign with neighboring counties. OCT 2 6 t999 pg. // Attachment 4 COMPLETE COUNT COMMITTEE - INTERESTED PARTICIPANTS 1. Responses from BCC Chairman Letter City of Naples Dr. Richard Woodruff Appointed Susan Golden, Planner II 735 8th Street South Naples, Florida 34102 City of Marco Island A. William Moss Appointed Greg Niles, Community Development Director 950 N. Collier Boulevard, Suite 308 Marco Island, Florida 34145 St. Matthew's House Frank Neehan, Director 2001 Airport-Pulling Road S. Naples, Florida 34112 Southwest Florida Workforce Development Board Joseph Paterno, Executive Director 24311 Walden Center Drive Bonita Springs, Florida 34134 League of Women Voters of Collier County Pat Clark 660 9th Street N Naples, Florida 34 i 02 2. Press Release Responses: Carolyn Willis Edison Community College Advertising Specialist John Scott American University Professor, Retired AGENDA ITEM OCT 2 6 !999 EXECUTIVE SUMMARY TOURIST DEVELOPMENT FUNDING FOR SOUTHWEST HERITAGE, INC. REGARDING ADVERTISING AND PROMOTION OF THE LIONEL TOY TRAIN MUSEUM $17,000 OBJECTIVE: To approve TDC funding for the following item: Southwest Heritage, Inc. regarding advertising and promotion of the Lionel Toy Train Museum $17,000. CONSIDERATION: On April 19, 1999, the Tourist Development Council reviewed an application for Category "B" Advertising/Promotion and Special Events. The following proposal was recommended for funding. Southwest Heritage, Inc. - (Naples Depot) requested $17,000 for advertising and promotion of the Lionel Toy Train Museum. The TDC recommended funding the full amount requested by a unanimous vote. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approves the above referenced application for TDC funding and authorizes the Chairwoman to sign the 1999 TDC standard agreement for $17,000. ^pprove 'the necessary Bucl§e'c Amenctmen~c. PREPARED,I~: Jane~ichhom, TDc Coordinator REVIEW BY: .~~ ~~ Ore- "g bl'ff~UI Director APPROVED BY: '~ Vince Cautero, Community Dev & Env. Services Administrator DATE: DATE: //~'/'~- ?~ DATE: OCT 2 6 1999 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND SOUTHWEST HERITAGE, INC., REGARDING ADVERTISING AND PROMOTION OF THE LIONEL TOY TRAIN MUSEUM THIS AGREEMENT, is made and entered into this __ day of ,1999, by and between Southwest Heritage, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdi?ision of the State of Florida, hereinafter. referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for advertising and promotion of the Lionel Toy Train Museum and Gauge Riding Railroad located in the City of Naples, Florida; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED \S FOLLOWS: 1. SCt -;~ OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall } vide the advertising and promotion of the Lionel Museum and Gauge Riding Railroad located in the City of Naples, Florida. 2. PAYMENT: The amount to be paid under this Agreement shall be Seventeen Thousand Dollars ($17,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been prope~ shall submit invoices to the County Administrator or his designee. The County 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 often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person 2 ACiENDA ITEM / OCT 2 6 1999 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including ;~ttorney's fees and all costs of litigation and judgments of any name and description a' ng out of or incidental to the performance of this Agreement or work performed thereunder, i als provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. OCT 2 6 1999 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: John A. Garner, President Southwest Heritage, Inc. 1051 Fifth Avenue South Naples, FL 34102 All nolices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if' mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL A(~COUNT1NG: GRANTEE is required to maintain corrlnlete ~nrl accurate accounting records and keep tourism funds in a separate checking accol 4 nt. ~.l~rrevenue J¢~ OCT 2 6 1°-,99 PS.__.,.~.~ related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on October 1, 1999 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OFFUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a w,Stte~ report to the County Administrator or his designee within sixty (60) days of the expirati~ of this Agreement. 17. REQUIRED NOiATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 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 y~ar written.-I OCT 2 (~ 1999 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC' KIE, Chairwoman WITNESSES: Printed/Typed Name Printed,q'yped Name GRANTEE SOUTHWEST HERITAGE, INC. JOHN A. GARNER Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency . He! di~F._As6s~tont Assistant County Attorney h:XhfaXtdc\99TDC\Southwest Heritage, Inc.-Lioncl AGENDA ITEM OCT 2 6 1999 EXHIBIT "A" LIONEL TOY TRAIN MUSEUM And Gauge Riding Railroad BUDGET Lionel Museum Brochure Photographs, layout, etc. Printing Costs, 5,000 copies Magazine Advertising, Web Site, etc. $3,000.00 2,500.00 3,000.00 7.5" Gauge Riding Railroad Photographs, layout, etc. Printing Costs, 5,000 copies Magazine Advertising, Web Site, etc. $3,000.00 2,500.00 3,000.00 TOTAL $17.000.00 h:hg/hfa/99TDC/Ex. A Budget-Southwest Heritage, Inc. -Lionel AGEND~A ITEM OCT 2 6 1999 EXECUTIVE SUMMARY REQUEST BY ANTHONY P. PIRES, JR. REPRESENTING THE NAPLES ITALIAN AMERICAN CLUB FOR A WAIVER OF THE APPLICATION FEE FOR A VARIANCE. OBJECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive permit fees for a variance application. The Petitioner requests a waiver of the required $425 application fee for a variance. 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 required application fee for a variance is $425. The Naples Italian American Club requests the fee waiver because the variance petition is the result of acquisition of land for widening a County road. FISCAL IMPACT: The required application fee for a variance is $425. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the variance petition. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROWTH MANAGEMENT IMPACT: None. OCT 2 6 1999 RECOMMENDATION: Only the Collier County Board of County Commissioners may approve fee waiver applications. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. SENIOR PLANNER RJ~NALD F. NINO, AI~P CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APP~I~ED BY: .~ VI CAUTERO, AICP DA~E / COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ;ADMINISTRATOR EXECUTIVE SUMMARYNARIANCE FEE WAIVER OCT 2 6 1999 ATTORNEYS-AT-LAw Mr. Fred Reisohl Collier County Planning Dept. 2soo N. Horseshoe Drive Naples, Florida 34104 June 25, 1999 VIA ~ D]~LIVERY BURT L SAUNDERS OF COUNSEL · Board Certified Real ~tste ^ttomO, "Board Certified Cit~, Coun~ and Lo~al Government Attorney '" ~J, so admitted in Indiana and Geoegia · --' Also admitted in Pennsylvania Re: Variance application for Thc Naples Italian-American Club, lnc. Comer of Orange Blossom Drive and Airport Road Dear Fred: Enclosed please find an original and fifteen (I5) copies of the above-noted Variance Petition with Exlfibits. Also enclosed is a check from The Naples Italian-American Club, Inc. in the mount of $425.00 payable to the Board of County Commissioners representing the filing fee for this petition. Although we have enclosed the filing fee of $425.00, by this application we request on behalf of The Naples Italian-American Club, Inc. that the Board of County Commissioners, as part of its consideration of these variances, waive the filing fee. As the taking through the eminent domain process by Collier County resulted in the necessity for the Naples Italian-American Club to proceed with this variance process, we respectfully believe that it would be appropriate for the County to not require the Naples Italian-American Club to incur additional expenses in the form of having to reduce their club treasury by $425.00, i.e. the $425.00 representing the filing fee. In order to expedite thc filing of this application, duc to the relatively short time constraints from the Settlement Agreement, I have taken the liberty on the Exlxibit B-2 to cross-hatch myself, after scaling it off, the subject easement area. I have ordered an additional survey showing the easement area superimposed by the surveyors. Please advise if you have any additional questions or comments with regards to same. We believe we can go forward with the materials as presented and once we obtain the updated survey from the surveyor, we will immediately provide same to you. Pelican Bay Marco Island Please Respond to: Pelican Bay 801 I~urel Oak Dr.. Suite 710, Naples, FL :34108 (941) 566-3131 Fax {941) 56¢3161 606 Bald Eagle Dr., Suite 500, P.O. Box I, Marco Island, FL34146 (941) 394-5161 Fax (941 No s42C~2 2 6 1999 Mr. Fred Reischl June 25, 1999 Page 2 As always, your cooperation and assistance are greatly appreciated. Sincerely, LOMBARDO, P.A. APP:slw Enclosures as noted. cc: w/encl.: Mr. Joseph Delfiao w/out encl.: J. Christopher Lombardo Heicli Ashton, Esq. AGE ~ OCT 2 COLLIER COUNTY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net DAVID C:. WEIGE" COLLIER COUNTY ATTOR, Heidi E Ashton Ramiro Mafia[ich Thomas C. Patmer Michael W. Pettit Marni M. Scuderi Marjorie M, Student Melissa A. Vasquez Robert N. Zachanf September 16, 1999 Fred Reischl, Planner Collier County Planning Services Department 2800 Horseshoe Drive Naples, FL 34104 Re: Variance Application for Naples Italian-American Club, Inc. Petition No. 99-16 Dear Fred: I am writing this letter to support the application by the Naples Italian-American Club, Inc. for a 10 foot front yard setback variance from the 50 foot setback along Orange Blossom Drive. As you may know, Collier County acquired various easements from the Naples Italian- American Club, Inc. as part of the six-laning of Airport Road. The approval of the 10 foot variance is a condition to our Stipulated Final Judgment. Please convey to the Planning Commission and the Board of County Commissioners that the Office of the County Attorney supports the 10 foot variance. Very truly yours, Assistant County Attorney Attachments cc: David C. Weigel, County Attorney Julio Ordonez, Design Engineer Micah Massaquoi, Project Manager Tony Pires, Esquire h:\Public'hg,hfadetlers',Reischl-lt .,Mn Club EXECUTIVE SUMMARY PROPOSAL TO PREPARE REGULATIONS TO INSURE THAT PROPERTIES IN NORTH NAPLES (SECTIONS 18 AND 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST) ARE DEVELOPED IN A COORDINATED MANNER WITH REGARD TO PUBLIC ROADS, STORM DRAINAGE, WATER, AND SEWER UTILITIES. OBJECTIVE: The objective of this request is to require the property owners to initiate a collaborative effort to address and resolve the matter of proportionately sharing the cost of infi'astructural improvements. This is required to insure that the development of these properties proceeds in a coordinated and integrated manner which takes into account the requirement for a local collector public street, from which all development approvals will interface, and to insure that adequate provision is made for other supporting infrastructure based on the cumulative impact and needs of all of the properties in the defined area. The plan should provide an area-wide, integrated transportation network having the effect of integrating neighborhoods, and providing residents of the area direct access to commercial services located at the intersection of Whippoorwill Lane and Pine Ridge Road, and nearby activity centers. The plan should address needed improvements to Whippoorwill Lane and provide for the dedication of land to create an east-west road link between Livingston Road and Whippoorwill Lane, necessary to facilitate traffic movements between Pine Ridge Road and Livingston Road and to reduce impacts at nearby major intersections. The plan should provide for an overall stormwater management system which identifies and provides for necessary stormwater management facilities. The plan should also provide for an overall utility extension plan to evaluate the feasibility of accessing nearby County facilities in order to provide utility service to the area as a whole. CONSIDERATIONS: The site is located west of 1-75, south of Pine Ridge Road, north of Wyndemere PUD and east of the future Livingston Road extension in Section s 18 and 19, Township 49 South, Range 26 East (see attached map). Cumulatively, these petitions affect approximately 500 acres of land. If current zoning requests are approved, 2,448 dwelling units will be authorized for development. Recognizing the desirability of a coordinated development plan staff took the initiative to seek recognition by all jurisdictional county agencies that we ought to proactively look at this area in a holistic, and coordinated manner relative to the requirements for infrastructure improvements. Staff from the Departments of Planning Services, Transportation Services and Public Works Engineering Division met on August 18, 1999 to discuss how we could achieve this and subsequently met on August 25, 1999 with property owners and their representatives to discuss our concerns for ensuring adequacy of infrastructure requirements including the need for making Whippoorwill Lane a OCT 2 ¢ 1999 public street and creating an east-west leg to Livingston Road (i.e. local collector). Most property owners and their agents appeared receptive to this collaborative effort. Historically smaller rezoning petitions submitted in a piecemeal fashion have failed to address the cumulative impacts of development on land and County facilities. Typically, small-scale rezonings have unfairly burdened the first developer in an area with having to provide road access and utilities to his site to the benefit of future developments without compensation. Additionally, piecemeal development has resulted in inefficient movement of traffic, lack of neighborhood integration, lack of roadway network interconnection and, in some cases, failure to provide for adequate stormwater management and utility expansion needs on a regional basis. Preliminary staff analysis indicates that an additional 500 dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at its future signalized intersection with Pine Ridge Road. Staff believes that the development of a public road providing an east-west link between Livingston Road and Whippoorwill Lane will result in significant benefit to all property owners in the area. Based on land development patterns and the location of commercial facilities, it is staff's opinion that a significant number of drivers living in that area will travel to the south and west. An alternative east-west route for motorists who desire to travel south from Whippoorwill Lane, will not force motorists to the intersection of Whippoorwill Lane and Pine Ridge Road, then back to the intersection of Livingston Road to Pine Ridge road, in order to access Livingston road to head south. An east-west link coupled with the extension of Whippoorwill Lane to the boundary of the proposed Livingston woods PUD will provide property owners fronting Livingston Road direct access to Livingston Road to access commercial facilities located at the intersection of Pine Ridge Road and whippoorwill Lane, without having to travel on Pine Ridge Road. The proposed east-west link will also serve to integrate neighborhoods within the area, while providing for efficient traffic circulation and alternative routes to access nearby commercial facilities. County staff analysis indicates that there could be sufficient storage of stormwater discharge through various existing canals and nearby lakes provided stormwater management is properly planned to address the cumulative impacts proposed by development of land in the area, including the water runoff resulting from the future Livingston Road. The existing Kensingston Canal which runs east- west between the proposed Livingston Village PUD and Balmoral PUD is a private drainage easement for which the County is currently in the process of obtaining rights pursuant to the need for drainage for Livingston Road. Should the County fail to obtain usage rights and/or additional land area to expand its capacity, stormwater runoff from Livingston Road will have to be accommodated otherwise. A area wide master plan will allow developers and the County to properly plan for and obtain necessary easements and land in order to properly accommodate stormwater flow from property in this area. Staff has been informed that it is also the desire of the South Florida Water management District and Army corps for a area wide plan which addresses cumulative stormwater impacts. County wastewater and potable water facilities exist within the area. Specifically, there is an existing 16" water main and a 10" force main along the Livingston Road corridor and an 8" force main on Pine Ridge Road. The plan should also provide for an overall utility extension plan to evaluate the feasibility of accessing nearby County facilities, and a plan to extend them to serve proposed OCT 2 6 1999 development. Most importantly, the plan should evaluate the availability of sufficient capacity in the system to serve all of the proposed development. FISCAL IMPACT: A general overview of the fiscal impact would indicate that developer-funded improvements will have a minimal fiscal impact to the County. Properly accounting at this time for infrastructure improvements based on the entire area and having these costs borne by the property owners will avoid future costs to homeowners that may have otherwise resulted from the typical project by project development process. Any cost to the County would occur mostly in terms of staff review time associated with the submission of such a plan and with the possible acquisition of various disconnected pieces of land necessary land for ROW improvements. The cost of the review is typically recovered in required fees at the time ofrezoning application and other land use applications. GROWTH MANAGEMENT IMPACT: The approval of this request will not affect or change the requirements of the Growth Management Plan. The request is consistent with the applicable elements of the Growth Management Plan and will have the effect of identifying cumulative impacts of a development on a specific region which has the objective of minimizing negative impacts on adopted level of service standards for County facilities. RECOMMENDATION: Staff recommends that the Board of County Commissioners require that each and every application for rezoning approval in the identified area demonstrate a commitment to proportionate sharing of costs of infrastructure improvements. Of primary importance are enhancements to Whippoorwill Lane to function as a public local collector roadway, and the establishment of an east-west leg extension to Livingston Road. The preferred alignment of said east/west road is as follows: Alignment # 1. South and near parallel the Section line between 18 and 19 and Kensingston Canal. Alignment # 2.Parallel to the FP & L Easement. Alignment # 3.Extension of Night Hawk Drive. Additionally, staff recommends that the following stipulations be attached to each rezoning approval in the subject area. The issuance of building permits will be suspended upon the issuance of permits for five hundred (500) dwelling units in the event that at such time Livingston Road is not yet completed for public travel between Golden Gate Parkway and Pine Ridge Road. OCT g 6 1999 Prior to the completion of construction of Livingston Road, Whippoorwill Lane and its east/west connector to Livingston Road shall be constructed to county collector road standards, and dedicated to the County. Impact fee credits in part may be made for construction of said roadway from Pine Ridge Road to Livingston Road in the event said road is included on the traffic way map to the Traffic Circulation Element as an urban collector road. Adequate right-of-way as determined by the County's Transportation Department for Whippoorwill Lane and an east/west road shall be conveyed to Collier County pursuant to the provisions of Section 2.2.20.3.7. (i.e. 90 days following rezone action). The costs for acquisition of land for the east/west right-of-way shall be borne proportionately by all benefiting property owners having frontage on Whippoorwill Road or its east/west extension including the most southerly parcel of land. Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property owners. Both of these actions will take place prior to the issuance of building permits. A sanitary sewer collection system and potable water supply distribution system shall be designed having areawide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having areawide benefits will be prorated against all benefiting property owners. Both of these actions will take place prior to approval of any subdivision plat or site development plan. OCT 2 6 1999 Pg. PREPAREDB~ '~ :i CURRENT PLANNING MANAGER REVIEWED BY: 'ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: '~ VINCEN~ A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. LIVINGSTON ROAD PUD EX SUMMARY/md DATE DATE OCT 2 6 1.~99 ..... EXECUTIVE SUMMARY R.ECOMMENDATION 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 COMMUNITY 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 01577,000 must be posted prior to permit issuance. Road impact fees will be · approximately $8000 to $10000 and will be confirmed at time of permit issuance.. GROWTH MANAGEMENT IMPACT: None. AGE OCT 2 6 1999 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 Department 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 grounds for cancellation of permit. o Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained fi.om 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 fi.om 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 fi'om 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: 9. 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 2 No. ~ OCT g 6 1999 10. A Preconstruction Conference is required prior to the start of hauling. Prior to that, the developer shall contact the Transportation Department to coordinate a site survey of Recreation Lane and the intersection with Santa Barbara Boulevard, to include a video, to establish a baseline for any future claims of road damage. Contact Clyde Fugate or his successor at 403- 2417 to schedule the conference 11. A 20 fi. recreational easement with an eight foot pathway 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: ~TAN CH~,N~S~I, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE BOB MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.691 EX SUMMARY/H/EAB Exec Summ/SC 3 DATE AGENDA }T.~M No. OCT 26 1999 Pg. EXECUTIVE SUMMARY DISCUSSION ON THE FDOT FAST TRACK ECONOMIC GROWTH INITIATIVE Objective: To provide an update on the FDOT Fast Track Economic Growth Initiative.. Considerations: The cancellation of the high speed rail project has created a funding opportunity. The Fast Track Economic Growth Transportation Initiative will make up to $70M available annually "dedicated to accelerating existing or new transportation projects which substantially impact Florida's economic competitiveness. Eligible projects include planning, design, right-of-way acquisition and/or construction of railroad, transit, aviation, seaport and intermodal infrastructure which carry substantial volumes of domestic and/or international trade and tourism." The excerpt in quotes is from the application information attached. Single awards can be up to $25M, so three large projects could consume the entire amount available. Applications can be from public or private entities, and are sent directly to the FDOT Secretary. MPO staff distributed the application packet to: · City of Naples; · City of Marco Island: · Collier County Transportation Services Department; · Collier County Airport Authority; · City of Naples Airport Authority; · Economic Development Council; · Naples Area ChamberofCommerce; and · Southwest Florida Transportation Initiative. When this agenda was prepared, MPO staff had received one courtesy copy of an application by the Collier County Airport Authority for a U.S. Customs Facility at the Immokalee Regional Airport. Tile projects receiving these funds will be selected by a committee that includes representation by tile: · Florida Freight Stakeholders Task Force; · Florida Chamber Transportation Working Group; · Metropolitan Planning Organization Advisory Council; · Governor's Office; and · Secretary of Transportation. Reviex~ of the application material suggests that the ideal candidate prqject, in addition to costing no more than $25M, would: · be intermodal in nature; · contribute to statewide or regional economic development; · involve local matching funds; · carry freight; · be currently unfunded or underfunded; and · be "production ready" in the coming fiscal year. A G E N,,~ A ,J TEd~'~- OCT 2 6 1999 / The last criterion means there needs to be at least one phase of the project ready for start-up, though it does not have to be the construction phase. Whether a project is unfunded or not is a moving target. As of the date this executive summary was produced, the following project phases are production ready, involve capacity expansion, and are presented with the pros and cons of their suitability as a candidate project: Facility I Limits IPhase I Cost I Pros I Cons Interstate 75 S.R.951 to S.R.78 PD&E $7M Currently deficient, Possible inclusion regionally significant, ~n the FIHS 5 carries freight and tourists Year Work Program S.R.84 (Davis Santa Barbara Blvd. PE $1.8M Currently deficient from Likely inclusion in Blvd.) to C.R.951 Radio Rd. to CR951, 1999 the Draft Unfunded Priority #1 Tentative Work Program U.S. 41 E. Barefoot Williams Rd. CST $3M 1999 Unfunded Priority #2 Not a to S.R.951 concurrency concern S.R. 29 S.R.29A (Newmarket PD&E $1.5M Currently deficient, carries Street) to a point freight, 1999 Unfunded approx. 2 miles S.E. Priority #16. Immokalee Rd. C.R.951 to Wilson Design $2.5M Currently deficient Already funded. Blvd. Interstate 75 New Interchange at PE $2.6M Economic benefit, will carry Already funded. Golden Gate Parkway freight and tourists Fiscal Impact: None. Growth Management Impact: Interstate 75. Potential improvement of level of service on Recommendations: Staff recommends preparing an application for the Project Development and Environmental (PD&E) phase of the six laning of Interstate 75 from State Road 951 in Collier County to State Road 78 in Lee County. No. nLrr) c, OCT 2 6 1999 Prepared by: Gavin Jones, P.E., Tra~portation Planning Manager Date'4/6)-'7./.9- } ~ Reviewed by: ~ '~obert M~l~ere, AICP, Planning Services Director Approved ~/~" ~~ Vincent A Cautero, AICP, Community Development & Environmental Services Administrator Dat .~7~ ~ Zo-',~ AGEN OCT ~ 6 ~999 JEB BUSH GOVERNOR Florida Department of Transportation - '" 605 Suwannee Street THOMAS E BARRY. JR. Tallalqassee, FloriOa 323@9-0450 szcv,~x.4av September l 0. 1999 Dear Potential Apphcant: Governor Jeb Bush, on September 8, 1999, announced his "Fast Track" Economic Growth Transportation Imtiative, designed to finance statewide or major regional transportation needs that have been unfimded or underfunded in the past. The "Fast Track" initiative is dedicated to accelerating existing or new transportation projects which substantially impact Florida's economic competitiveness. Eligible projects include planning, design, fight-of- way acquisition, and/or construction of railroad, transit, aviation, seaport and intermodal infrastructure which carry, substantial volumes of domestic and/or international trade and tourism. Up to $70M annually will be made available for this initiative. "Fast Track" proposals may be submitted by any form of local government, regional organizations, economic development organizations, public-private parmerships, metropolitan planning organizations and statewide groups such as the Florida Freight Stakeholders' Task Force. Eligibility of sponsors is intended to be as inclusive as possible provided projects are eligible as defined above. An application package is enclosed. Please feel free to make additional copies for distribution. Because of the short time frame available in the current fiscal year, applications must be returned no later than 5:00 P.M. EST November 1, 1999. Please send six (6) copies of each completed application for projects you wish to have considered to: Secreta~ of FDOT c/o State Public Transportation Administrator Florida Department of Transportation 605 Suwarmee Street, MS 57 Tallahassee, FL 32399-0450 It is also recommended that a copy of all applications be submitted to the Public Transportation Manager of the FDOT District Office in which your project is located, as well as the Staff Director for your local MPO, If you have any' questions regarding the application process, please call Mr. Robert Hebert, Administrator, Ports/Intermodal at (850) 4144546 or, in his absence, Ms. Meredith Dahlrose, Intermodal System Specialist at (850) 414-4551. MH/md Enclosure State Public Transportation Administrator www. d or. state, fl. u s AG E N D<~, I,,T,'F~, C No. o//~-I ~ OCT 2 6 1999 I~RECYCLED PAPER JEB BUSH GOVERNOR Florida Department of Transportation 605 Suwannee Street Tallahassee, F~orida 32399-0450 FOR IMMEDIATE RELEASE WEDNESDAY, SEPTEMBER 8, 1999 CONTACT: THOMAS E BARRY, JR. SECRETARY DICK KANE (850) 4144590 vvv~v.dot.state.fl.us OCT 2 6 1999 ~1~ RECYCLED PAPER reroute tax dollars to a statewide transportation policy that enhances economic development. GOVERNOR BUSH WANTS TRANSPORTATION PROJECTS ON THE "FAST TRACK" TALLAHASSEE - Governor Jeb Bush today announced his "Fast Track" Economic Growth Transportation Initiative which will finance statewide or major regional transportation needs that have been unfunded or underfunded in the past. Under the Governor's proposal, up to $70 million a year will be made available for mil, transit, aviation, seaport, and intermodal projects which are vital to the state's domestic and/or international trade and tourism. "This is a perfect example of putting our new policy-based, priority-driven budget process on the "Fast Track," said Governor Jeb Bush. "By funding these critical projects, we will substantially impac~ Florida's economic competitiveness." "Fast Track" proposals may be submitted to the Florida Department of Transportation (FDOT) by November 1 of this year by local governments, regional organizations, economic development organizations, public-private parmerships, Metropolitan Planning Organizations, and certain statewide groups like the Florida Freight Stakeholders' Task Force. "By reaching out into the communities for their input, we will be allocating tax dollars in an effective and accountable way," said FDOT Secretary Tom Barry. The funds for the initiative come from monies FDOT had previously earmarked for the High Speed Rail project. Governor Bush withheld funding for the project in January and worked with the department to YEAR 2000 "FAST TRACK" TRANSPORTATION INITIATIVE PROJECT APPLICATION FORM & INSTRUCTIONS The following application form is provided for use in submitting "fast track" project funding requests for each candidate project submitted for Department consideration. Each application must address the following key elements: A clear project description with location; the total amount of funding being requested; the expected financial, operational, and public benefit expected from project implementation; the stage of project development; the estimated time to complete the project; and a map describing the parameters and/or mileposts of the project indicating whether the proposed project is on or off the state highway system. A detailed budget that outlines the financial responsibilities of participating parties which include as a minimum, a breakdown of state and other sources of funds for the candidate project by phase of work. Also included in this application package is a description of the process and criteria to be used by the selection team for prioritizing and funding "Fast Track" projects. OCT 2 6 1999 Pg. ~ __ YEAR 2000 "FAST TRACK" TRANSPORTATION INITIATIVE PROJECT FUNDING REQUEST PROCESS AND SELECTION CRITERIA The "Fast Track" transportation project request for discretionary funding shall be forwarded to the Secretary of FDOT, in care of State Public Transportation Administrator, 605 Suwannee Street, M.S. #57, Tallahassee, Florida 32399-0450, later than November l't, 1999. not The following guide describes the process to be used in implementing the "Fast Track" Economic Growth Transportation Initiative for 1999-2000: The "Fast Track" initiative is dedicated to catalyzing or accelerating transportation projects which will substantially impact Florida's economic competitiveness by funding statewide or major regional needs which have been unfunded or underfunded in the past. Eligible projects include planning, design, right-of-way acquisition, and/or construction of railroad, transit, aviation, seaport or intermodal infrastructure which carry substantial flows of domestic and/or international flows of trade and tourism. Up to $70M annually will be made available for this initiative. "Fast Track" proposals may be submitted by any form of local government, regional organizations, economic development organizations, public-private partnerships, metropolitan planning organizations and state-wide groups such as the Florida Freight' Stakeholders' Task Force. Eligibility of sponsors is intended to be as inclusive as possible provided projects are eligible as defined above. FDOT will study the economic and transportation impacts of proposed projects, including checking for consistency with the local or regional MPO Transportation Improvement Plan, within 45 days of application receipt. Decisions will be made by a "Fast Track" Selection Team based on criteria below within an additional 45 days of receipt of the FDOT review. The Team will include: private sector representatives of the Florida Freight Stakeholders' Task Force, the Florida Chamber Transportation Working Group and the Metropolitan Planning Organization Advisory Council as well as one designee of the Governors Office (OTTED), and the Secretary of Transportation (or his designee). Private sector representatives must recuse themselves and seek alternates should they have a conflict of interest. The "Fast Track" Selection Team will consult with Enterprise Florida, Spaceport Florida, and Visit Florida as well as any other state, regional or local resources it deems appropriate. OCT 3 6 1999 Pg. ? , Project selection criteria will include: - Available statewide appropriation compared to total funding requests received. - Level of non-state funding participation, including private investment and quality of commitment in providing such resources in a timely manner. A minimum 50% contribution for locally significant projects is encouraged. - The amount of matching funds proposed by the applicant, if applicable. - Length of time from application receipt to when the project will be open for public use. - Whether the proposed project has received previous year state funding allocations. - Anticipated financial, operational, or public benefits to the affected region or facility resulting from project implementation; including (as applicable): increase in tonnage capacity; increase in passenger capacity; increase in additional jobs and at what hourly wage; expected annual incremental increase in facility revenues or decrease in facility costs resulting 'from project implementation; expected travel time savings in minutes from the facility to the nearest limited access facility; and the expected incremental decrease in associated transportation costs resulting from project implementation. The phase of construction readiness of the proposed project. The consistency with the appropriate local government comprehensive plan. Statewide vs. locally-significant project. Availability of other more appropriate funding sources to support the project. Special consideration will be provided to both projects that are unfunded or underfunded through other sources as well as to projects that leverage private investment, regional or local contributions and/or USDOT funds or financing of any type. Projects selected will be made part of the FDOT work program on an accelerated basis. To maintain its role as a catalyst and accelerator for a number of economic growth initiatives, the "Fast Track" program will have a total per project cap of $25 million and will not necessarily be available on a multi- year or recurring basis. OCT 2 6 1999 EXECUTIVE SUMMARY REPORT TO THE BOARD REGARDING ROAD IMPACT FEE UPDATE STUDY. OBJECTIVE: To provide the Board of County Commissioners with a report on the results of the Road Impact Fee Update Study, including an initial review of recommended changes to the Road Impact Fee Ordinance and Fee Schedule. CONSIDERATIONS: On February 23, 1999, the Board approved a contract with the firm of Tindale-Oliver and Associates, Inc. (TOA) for the review and update of the road, library and EMS impact fees (Agenda Item 16C(1)). Since that time, both TOA and staff have been working diligently to review and assess the structure and level of fees in light of changes in cost and other relevant parameters since the last time the ordinances were reviewed and updated or enacted. Based on this most recent review, there have been significant increases in the cost of construction and right-of-way acquisition since the road impact fee ordinance was implemented in 1992. Staff will be providing a Summary Report from TOA to the Board and will make a short presentation of the findings and recommendations from the study. The report is presently in draft from and will be available at the meeting. Staff will be requesting that the Board approve November 23, 1999 for a Public Hearing to receive input and comments from the public and to adopt a revised ordinance and fee schedule. FISCAL IMPACT: Specific fiscal implications will be presented and reviewed at the Board meeting. Based on the preliminary findings of the Consultant's work, staff believes that road impact fees will be subject to adjustment. Such adjustments could result in increases of as much as 100% or more depending upon the specific land use category. The net impact on revenues from road impact fees has not yet been determined. GROWTH MANAGEMENT IMPACT: This study is necessary to assure adequate levels of impact fees as a revenue source to implement to requirements of the Growth Management Plan. RECOMMENDATION: That the Board receive this report an~l approve a Public Hearing date of November 23, 1999 to adopt a revised ordinance and fee schedule. Edward S. Kant, P.~.~{'ransp~atior~Services Director Phil Tindall, Imcact Fee C~ordinator ~VIEWED B~. ~~~~~ Ilschnfl~Public Works Administrator Ed Vincent A. Cautero, AICP, Co--unity Development Administrator DATE: DATE:JO DA TE:/ d .. q OCT 2 6 1999 EXECUTIVE SUMMARY A REPORT TO THE BOARD ON THE SANITARY SEWER SUB ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. OBJECTIVE: To provide the Board with a comprehensive update on the Sanitary Sewer Sub Element of the Public Facilities Element in the Collier County Growth Management Plan. In particular, the intent of this report is to identify the major goals and policy objectives of the Sub Element, and to analyze the continued appropriateness of these goals and objectives, and the measures thereof. Where the Sub Element prescribes specific action on the part of the County or sets forth minimum levels of service (LOS) standards, this report provides a status update and staff recommendations with respect to outstanding policies objectives or LOS concerns. CONSIDERATIONS: The Sanitary Sewer Sub Element of the Collier County Gro;vth Management Plan was last amended on October 28, 1997. Sanitary Sewer Sub Element Progress Report: The County has been successful in providing access to environmentally sound and cost effective sanitary sewer service. The County's Regional Sewer System has met or exceeded level of service standards while keeping up with our community's growth. The North County Water Reclamation Facility 5 MGD expansion is presently under contract and is expected to be completed by December of 2001. The project is required to continue to meet LOS standards. Other major projects include the extension of sewer and reclaimed irrigation facilities to the North Livingston Road corridor, a preliminary engineering study of aquifer storage and recovery (ASR) for the reclaimed water irrigation system and re-rating improvements at the South County Water Reclamation Facility. Since the last amendment to the GMP we have phased out the Rookery Bay and Eagle Creek package sewer treatment plants. We have resolved the La Penisula package plant matter and have initiated removal of the Woodlake package plant. The County has been successful in promoting the reuse of treated wastewater effluent ("reclaimed water") for irrigation as an environmentally sound method of disposing of effluent and conserving drinking and groundwater supplies. The Board has recently directed staff to secure supplemental water sources to maximize the reuse of reclaimed water and better meet seasonal irrigation water demands. Staff is presently in the process of updating the effluent management master plan. The update will inclt~de an analysis of irrigation level Of service standards, the criteria to be considered when selecting new customers and reclaimed water user rates. As part of presenting the update staff will propose policies for these three areas. B: Sanitary Sewer Sub Element Goals, Objectives and Policies: The major goals and policy objectives of this element are provided as Attachment A to this executive summary. Staff has identified and included required updates and recommended policy/language changes. Substantive changes include: updating municipal, dependent, independent and private sector level of service standards to reflect current Florida Administrative Code sewage flow design standards, adding policy 1.3.2 requiring staff to review wastewater residuals disposal alternatives every two years, and adding policy 1.4.1 which provides for development of supplemental irrigation water sources and/or storage in accordance with recent Board direction. FISCAL IMPACT: Growth related wastewater capital projects are currently estimated to be $82 million over the next 10 years. These projects are funded through impact fees and loan proceeds repaid with impact fees. Growth related increases in operating costs are funded through customer base growth. GROWTH MANAGEMENT IMPACT: This report generates no Growth Management Impact. RECOMMENDATION: Staff recommends that the Board consider the discussion and recommended changes contained herein and in the attached Goals, Objectives and Policies and direct staff to amend the Goals, Objectives and Policies of the Sanitary Sewer Sub Element of the Collier County Growth management plan as proposed, PREPARED BY:''' ~'/ , /~..'~ ~ Date: // ~ Edward I~. lq~n, Operations Director j ph~Cheat ~~~le"~ Date I I'~fJ~ REVIEWED BY: ham, Wastewater Depart"ment Director REVIEWED BY: c~ r//,...J~ ~-. Date: Robert J. Mulhere, AICP, Director Planning Services Department BY'~ Date' APPROVED . Ed Ilschner, Public Works Adm~mstrator Attachment A V. GOALS, OBJECTIVES AND POLICIES GOAL I: To protect the health and safety of the public by ensuring access to environmentally sound and ; cost effective ....... r ............ sanitary sewer facilities and services. OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. .................. t-' ................. y ~,., la ............... ~'i'O",,",r . Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer System consistent with the Capital Improvement Element to provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the'County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.1.3: Monitor prixate sector sanitary sewer service providers through the County Utility Reo_ulation Ordinance 96-6 which requires all investor-owned utilities to file an am~ual report with the Collier County Water and Wastewater Authority. At a minimum the annual report shall include information on financial posture, treatment capacities, number of customers by class, mission statement and policies and procedures. Additionally. through the development approval process the County will ensure that all development. · xx'hc!her county or ]~]'ivate. complies with section 3.1.5 of the Collier County Lm~d Development Code which pertains lo sanita~' sewer ser~'ice. OCT 2 G IBg.q Policy 1.1.4: Permit development of package sewage treatment plant systems only within the Designated Urban Area of the Plan in areas where County wastewater service is not currently available, and allow only on an interim basis until County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. Policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Conn¢ctic. nz Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. Policy 1.1.7: V~ ,,,.,,. Community Development Districts or similar special districts~ are. establkhc~ ~^ ....... ;.~... ,.~.~ c .... ~ ...... ~ .......... c ...... ;..~ .... , .... , ......... ,~. wholly pa~ially within the Collier County Water-Sewer District; sewer zc~.'ica will be co~ected to the Collier County Regional S~it~ Sewer System, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Utilities Standards and Procedures Ordinance 98-1 ,g~ ,~, ................................................ , -~v,~ o~v .......... , ....................... as amended, and strict constmcti0n ~d operating policies. OBJECTIVE 1.2: [ensure that at the time a development order is issued, s~ita~ sewer facility capacity that meets or exceeds the minimum Level of Se~ice Standards established herein is available or will be available to se~e thc development under the guidelines established for concu=ency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: OCT 2 6 PG. FACILITY/SERVICE AREA COLLIER COUNTY FACILITIES LEVEL OF SERVICE STANDARD North Sewer Service Area Cem:'a! Sewer Ser','icc ,",rea South Sewer Service Area Marc~ Sewer Service Area 121 gpcd 121 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area 121 gpcd MUNICIPAL.OTHER DEPENDENT, INDEPENDENT DISTRICTS & PRIVATE SECTOR SYSTEMS The mininmm level of service standard hereby adopted tbr municipal, other dependent, independent and private sector districts shall be arc the follov,'ing the sewage flow design standards as specified in:---f-gour-e~. Chapter l,~r~,,,_. ,,-,-,=,r'r'~t~ Florida Administrative Code-) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. (See Appendix 1 ) Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. No existing private sector or packaee treatment sxrstem will be permitted to add customers unless all Levels of Sen, ice Standards arc met and operations are in conformance with all Florida Department of Environmental Protection ("FDEP") permits. Policy 1.2.4: :\nnually E~eview historical sanitary sewer demand records biyearly and adjust LOS standards if so indicated, by said ......... ~ .... ; .... OBJECTIVE 1.3: The County will continue to ensure utilization of approved, environmentally sound~ and cost effective economical.iv beneficial methods for disposal of processed wastewater residuals 'ti:emeOdiidg~ and septage: Policy 1.3.1: Include wastewater residuals thickening slm4-ge--~ and de-watering and stabilization facilities a__L''';'~-~, ,., all major County water reclamation facililies w~o,~,...~,* ........ .,~...,,,~,..+ ..... to produce wastexvater residuals ~"~ .... ~ ............ ~ ............... that are th]ca~..~ ~0. to a egree suita e r transportation of same. Policy 1.3.2: The County will review wastewater residuals stabilization and disposal alternatives biyearly to ensure that operational practices continue to be enx'ironmentalh, sound and cost effectb, e. OBJECTIVE 1.4: The County will continue to promote the reuse of treated wastewater effluent ("reclaimed water") for irrigation & other approved uses environmentally sound disposal methods_ and to conse~e drinking '-"'~k'~ ......... ......... l ..... ~d groun water su Policy 1.4.1: In order to maximize the reuse of reclaimed water ttn'ough irrigation and to improve seasonal reliability for existing reclaimed water customers the County shall develop stora~2e capacity and/or supplemental i rri gallon water sources. Policy 1.4.-t-2: Negotiate agreements with area golf courses to accept and reuse bulk reclaimed water .........,,,..~,..~ ................... ,,.o,,.-,,,,. ,.,,,,,..,,,ch ...... for irrigation when and where same__it is available from existing and future wastewatcr ~ .... ~ ..... to water reclamation facilities. Reclaimed water shall be delivered to privately supplied and owned storage and/or re-pumping facilities through a master metered open outfall point of delivery. All internal irrigation systems shall remain in private ownership. Policy 1.4.~3: Utilize c,, ........ reclaimed water when and where it is available for ~-':~': ...... a c, ...... publicly owned land suitable for irrigation w;''~- ..... '~'~ ....' .......... cn ..... ............ .,~ ~ .................... ~t, such as government buildingss,,,,,,,..o,~ parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Reclaimed water shall be supplied to the storaae and;or re-pumping facilities through a master metered open outfall or low pressure point of deliver'. All internal in'igation systems shall be owned by tile respective public entity. Policy 1.4..~_: L;tilize c- ........ reclaimed water when and where it is available for .... 4~*; ....... a ,~,, ..... privately owned land suitable for irrigation with .... .,~,,~,.,~'~'~ ..... ..o,,..,~,,.,' ........... ,.,,,,,,.,,,ch ...... reclaimed water, such as cemeteries, nurseries and commercial/industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Reclaimed water shall be delivered to privalely supplied and owned storaac and/or re-pumping facilities through a master metered open outfall or Iow ~sSt~__~re__l~oim of de!ixerv. .All internal {rriqation svslems shall remain in ,pr/vale ownership. Policy 1.4.4~: · ..OF, ...... t Utilize reclaimed water irri.~ation for residential areas of subdivisions, including Community Development Districts or other similar special districts, suitable for imgation when and where it is available provided that said utilization does not create adverse drinkint water quality impacts, is economicall.v feasible and is in accordance with the direction and policy of the Board of County Comrnissioners. Reclaimed water shall be delivered to privately supplied and owned storage and/or re-pumpin~ facilities through a master metered open oulfall or low pressure poin! of delivery. All internal in'i~ation systems shall remain in private ownership. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing Collier County Regional Sanitary Sewer System_public facilities through the development order approval . -,u ............. s .............. ~ policies. Policy 1.5.1: Discourage urban sprawl by permitting central sanitary sewer systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.1: The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems ...... s ............ t .............. t,t ...... pmees~to insare ensure maximum utilization of the existing and planned Collier County Regional Sanitary Sewer System ~"~-~:~ facilities. O Cl 2 6 1BBS 64E Standards Appendixl MUNICIPAL, INDEPENDENT DISTRICTS & PRIVATE SECTOR SYSTEMS LEVEL OF SERVICE STANDARDS The minimum level of service standards hereby adopted for municipal, independent district and private sector districts shall be the sewage flow design standards as specified in Chapter 64E, Florida Administrative Code unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT GALLONS PER DAY (GPD) COMMERCIAL 4 15 Airports, bus terminals, train stations, port & dock facilities, Bathroom waste only a. Per passenger b. Add per employee per 8 hour shift Barber and Beautv Shops (per chair) Bowling Alleys ( bathroom wastes only per lane) Country Club a. per resident member 100 75 50 b. per member present 25 c. per employee per 8 hour shift 15 Dentist and Doctors Offices a. per practitioner 250 b. per emplovee per 8 hour shift 15 Factories, exclusive of industrial wastes (gallons per employee per 8 hour shift) a. no showers provided 15 b. showers provided Flea Market open 3 or less days per week a. Per non-food service vendor space b. add per food service establishment using single service articles only per 100 square feet of floor space c. per limited food service establishment 25 15 5O 25 d. for flea markets open more than 3 days per week, estimated flows shall be doubled Food Operations a. Restaurant operating 16 hours or less per day per seat b. Restaurant operating more than 16 hours per day per seat c. Restaurant using single service articles only per person and operating 16 hours or less per day d. Restaurant using single service articles only and operating more than 16 hours per day e. bar and cocktail lounge (per seat ) add per pool table or video tame f. drive-in restaurant (per car space) g. carry out only, including caterers 1. ~ 100 square feet of floor space 2. add per employee per 8 hour shift 40 6O 20 35 20 15 50 5O 15 64E Standards TYPE OF ESTABLISHMENT GALLONS PER DAY {GPD} h. Institutions per meal Food outlets excluding deli's, bakery, or meat department per 100 square feet of floor space 1. Add for deli per 100 square feet of deli floor space 2. Add for bakery_ per 100 square feet of bakery_ floor space 3. Add for meat department per 100 square feet of meat department floor space 4. 10 40 40 Add per water closet 75 2OO Hotels and Motels a. Regular (per room) b. Resort hotels, camps, cottages (per room) c. Add for establishments with self service laundry facilities (per machine) Mobile Home Park a per single wide mobile home space, less than 4 single wide spaces connected to a shared onsite system b. per single wide mobile home space, 4 or more single wide spaces connected to a shared onsite system c. per double wide mobile home space, less than 4 double wide mobile home spaces connected to a shared onsite system d. per double wide mobile home space, 4 or more double wide mobile home spaces connected to shared onsite system Office Building a. per employee per 8 hour shift b. per 100 square feet of floor space, whichever is greater Transient Recreational Vehicle Park a. Recreational vehicle space for overnight stay, without water and sewer hookup per vehicle space b. Recreational vehicle space for overnight stay, with water and sewer hookup per vehicle space Service Stations per water closet a. Open 16 hours per day or less b. Open more than 16 hours per day Shopping Centers without food or laundry per square foot of floor space Stadiums, Race Tracks, Ball Parks per seat Stores per bathroom 100 200 750 250 225 30O 275 15 15 50 75 250 325 0.1 200 Swimming and bathing facilities, public per person Theaters and Auditoriums per seat Veterinary Clinic a. Per practitioner b. add per employee per 8 hour shift c. add per kennel, stall or cage Warehouse a, add per employee per 8 hour shift b. add per loading bay c. self storage, per unit (up to 200 units) add 1 gallon for each 2 units or fractions thereof, for over 200 units and shall be in addition to employees, offices or living quarters flow rates. 10 25O 15 20 15 100 1 64E Standards TYPE OF ESTABLISHMENT GALLONS PER DAY (GPD} INSTITUTIONAL Churches per seat which includes kitchen wastewater flows unless meals prepared on a routine basis If meals served on a regular basis add per meal prepared Hospitals per bed which does not include kitchen wastewater flows 200 add per meal prepared Nursing, rest homes, adult congregate living facilities per bed which does not include kitchen wastewater flows 100 add per meal prepared Parks, public picnic a. with toilets only (per person) b. with bathhouse, showers and toilets (per person) Public institutions other than schools and hospitals per person which does not include kitchen wastewater flows 5 4 10 100 add per meal prepared Schools (per student) a. day type b. add for showers 5 10 4 c. add for cafeteria 4 d. add for day school worker e. boarding type Work/Construction camps semi-permanent (per worker) 15 75 5O RESIDENTIAL Residences a. single or multiple family per dwelling unit 1 bedroom with 750 sq. ft or less of building area 2 bedrooms with 751-1200 sq. ft. of building area 3 bedrooms with 1201-2250 sq. ft. of building area 4 bedrooms with 2251-3300 sq. ft. of building area for each additional bedroom or each additional 750 square feet of building area or fraction thereof in a dwelling unit, system sizing shall be increased by 100 gallons per dwelling unit. b. other per occupant 100 200 300 400 5O m O Cl 2 6 l§gs EXECUTIVE SUMMARY A REPORT TO THE BOARD ON THE PROGRESS OF YEAR 2000 COMPLLANCE. OBJECTIVE: To report to the Board of Commissioners regarding the progress of Year 2000 compliance activities. CONSIDERATION: In September 1998, the County Administrator established the Year 2000 Compliance Task Force to coordinate the overall activities of each division and their respective Y2K compliance efforts. The Year 2000 Committee consists of the following individuals: Leo E. Ochs, Jr., Support Services Administrator Steve Camell, Purchasing and General Services Director Edward Finn, Public Works Operations Director Ruth Hendricks, Senior Librarian, Public Services Thomas Nohl, Senior Fiscal Analyst, Utility Regulation Jeff Walker, Risk Management Director William Coaldey, Information Technology Director Ken Pineau, Emergency Management Director In its initial meetings, the committee established primary goals and objectives. Tasks were assigned to committee members to be carried out in their respective divisions. The objectives of the committee were as follows: 1) Identify those areas that present a Y2K exposure to the county. 2) Determine the severity of a failure for each non-compliant system. 3) Establish a date whereby the system will be made compliant or a date when a mitigation plan will be in place. 4) Establish documentation indicating the Y2K compliance of products, vendors, and dependent third parties. 5) Establish documentation recording the efforts of staff to obtain Y2K compliance. 6) Monitor departments to the completion of their Y2K efforts to include system testing. 7) Report to the County Administrator as to the progress of Y2K compliance efforts. In January, the committee identified 48 critical systems that were non-compliant. Throughout the year, corrections were made to bring these systems into compliance and contingency plans were devised. As of October 1, 1999 the County Administrator's agency is 99% compliant with only one system in the County Administrator's agency remaining non-compliant. This system is the traffic control system within the Transportation Department. Full compliance is expected by November 1, 1999. The estimated cost to correct these non-compliant systems was $515,819. Representatives of the constitutional agencies were asked to report to the Board as well. OCT Z 1999 pg. / FISCAL IMPACT: Funds have been budgeted in various departmental budgets over the past several years for the purchase of products and services to assure Year 2000 compliance. No further expenditure of funds beyond that already authorized by the Board is expected. GROWTH MANAGEMENT IMPA(3T: None. RECOMMENDATION: No action is necessary bythe Board at this time. J~'ff Walker, CPCU, ARM Director, Risk Management REVIEWED BY: "-..'-c Leo E. Ochs, J., Support Services Administrator Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURI'HOUSE :L101 I'AMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 341014044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS October 25, 1999 Hon. Pamela S. Mac'Kie, Chairwoman Board of Collier County COmmissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Ms. Mac'Kie: In response to your invitation to provide a status on the Clerk's Y2K efforts, I will be appearing before the Board on October 26, 1999, following Mr. Ochs' presentation of item 8D1. A copy of the statement to be read is attached. Sincerely, Candace L. Morris Systems Support Analyst MIS Department Collier County Clerk of Courts Att. Copies: Board of County Commissioners Minutes and Records Supervisor of Elections Tax Collector Sheriff Property Appraiser County Administrator Clerk of Courts Emergency Management Facilities Management Court Administration State Attorney's Office Public Defender Witness Management Statement to Collier County Board of County Commissioners Dated: October 22, 1999 Collier County Clerk's agency critical applications and hardware are Y2K compliant. Mainframe hardware underwent an extensive analysis by the manufacturer in December of 1998 and all required patches have been applied. All software applications have been made Y2K compliant and are currently in production. Fiscal Year rollover to 2000 has passed without a Y2K incident for Financial applications. A freeze on all production changes will be implemented on December 20, 1999 and will continue to January 17, 2000. Manual procedures for all critical functions in each department will be completed by November 1999. Payroll for. the first two weeks of 2000 and payables for the first week of 2000 (all three agencies) will be run on December 30, 1999. All January debt service payments will be made on December 30, 1999. MIS staff will be at EOC headquarters during the rollover period to receive and distribute information. A detailed, internal timeline is being maintained for the scheduling of testing personnel during the roilover period. Basic system functionality testing will commence shortly after midnight on January 1, 2000. Software application testing by departmental personnel will commence at Noon on January 1, 2000. If the Board has any questions relating to specific applications, the Software Manager is here to address them. ~ COPY OF Y2K INTERNET STATEMENT and AGENCY-WIDE Y2K CONTINGENCY PLAN are at http://www, clerk, coilier, fl. us EXECUTIVE SUMMARY A Settlement Discussion Regarding the Lawsuit, Wajerski vs. Collier County, Case Number 95- 3067-CA-01. OBJECTIVE: To seek direction from the Board of Commissioners regarding a settlement proposal in the matter of Wajerski vs. Collier County. CONSIDERATIONS: Thomas Wajerski, a former employee of the Emergency Medical Services Department was a helicopter pilot for Collier County and flew the Emergency Medical Services Helicopter as part of his responsibilities. Mr. Wajerski has sued Collier County in State Court for alleged violations of Section 112.3187 of the Florida Statutes, commonly referred to as the "Whistleblower Statute". Mr. Wajerski alleges that the County violated the statute when he revealed certain workplace problems to the Clerk of Courts for Collier County. He further alleges that in an effort to retaliate against him for his reporting of alleged workplace problems, he was required to undergo a psychological evaluation to determine his fitness for duty as a helicopter pilot. He also alleges that he had personnel action taken against him due to his cooperation with the Clerk of Courts, which ultimately led to his separation of employment with Collier County. The County's position is that the actions taken by county management were proper as it regards Mr. Wajerski and his personnel issues. Chief Pilot, Peter Bolton had a responsibility for the safety of Medflight flight crews and of the aircraft and to require Mr. Wajerski to undergo a mental and physical flight fitness evaluation was appropriate given the behaviors and actions exhibited by Mr. Wajerski. Mr. Bolton sincerely believed that the crew and the aircraft were at risk with Mr. Wajerksi as pilot in command. The fears of some flight medics were so great that many refused to fly with him due to their concern for their safety. The case is set for trial in State Court beginning November 1, 1999. The plaintiff has made a demand in the amount of $450,000 to settle the case. It is estimated that the cost to try the case will be $18,000 to $20,000. It is recommended that this demand be rejected. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Should the Board approve a settlement, the funds would come from the Property and Casualty Insurance Fund. Funds are budgeted for this purpose. RECOMMENDATION: It is recommended that the Board reject the demand of $450,000 in the matter of Wajerski vs. Collier County, Case #95-3067-CA-01 and that direction be provided as to a counter offer or to proceed to trial. Je~ ~V~alker, CPCU, ~, Risk Management Director ~VIEWED BY: - DATE: q ttomey at Law, Outside Counsel Leo E. Ochs, Jr., Sup~ Se~ices Administrator REVIEWED BY: ~~ DATE: '~ David Weigel, County ~mey 0 C 1 2 6 ~999 EXECUTIVE SUMMARY BOARD ADOPTION OF A COUNTY LEGISLATIVE AGENDA. OBJECTIVE: That the Board of County Commissioners adopt a legislative agenda and direct the County Attorney to create a final draft of a legislative bill to be presented to the local delegation. CONSIDERATION: In an effort to efficiently communicate the Board's policy and direction towards state legislative issues, staff requests that the Board adopt a legislative agenda to be presented by the Chairwoman at the local delegation meeting. At the September 21, 1999 Board meeting, staff was directed to further research two additional issues for delegation consideration. Provided below are all five issues that staff examined for this expressed purpose. Issue #1 - Support of a Crime Bill relating to the Punishment of Persons who are Convicted of Abusing Animals Currently Florida State Legislative (F.S. 921.0011) defines a "victim injury" as the physical injury or death suffered by a person. There is no definition of an animal being considered a victim; therefore, persons convicted of an animal cruelty felony cannot be punished to the full extent of the law since an animal does not qualify as a victim. This occurred earlier this year in Collier County when a man was arrested and convicted of savagely beating a dog with a heavy chain; however, was not sentenced to the full extent of the law due to the technicality of the "victim" definition. The Department of Domestic Animal Services has requested that the Board support legislation (not yet formally proposed) that redefines "victim" to include animals, or animal cruelty cases. Issue #2 - Support for According Helicopter Pilots Special Risk Retirement Statn~ At present, the State accords EMS paramedics with special risk retirement status, but the same status is not afforded to helicopter pilots (who transport the paramedics to the scene). The staff recommendation is for the Board to request that helicopter pilots be designated with this status as well. Issue #3 - Definitional and Locational Requirements of Modular Housing Staff had been requested to examine definitional aspects and statutory provisions for locational placement of modular housing. This was done in an effort to explore the possibility of the County empowering neighborhoods, legislatively, with the tools necessary to "have a voice" in the location of these structures. AG E~I3'E, bl No, ~ ~(-l~) pg. While a Florida County retains the authority to enact and enforce zoning requirements which primarily regulate the aesthetic appearance of structures, any such regulation must be reasonable and uniformly applied and must be enforced without any distinction as to whether the building is "a conventionally constructed or manufactured building." Campbell, 426 So.2d at 1160 (Attachment 1). While an appeal could be made to modify current statutory provisions and provide flexibility in where these structures are located, it is the opinion of staff that such an appeal would not be successful from a legal standpoint. Issue #4 - Site Selection of Community Residential ("Group") Homes Site selection of community residential homes is provided for in Florida Statutes. These homes, when comprised of six or fewer residents, shall be deemed a single family unit and a non-commercial, residential use for the purposes of local laws and ordinances. They shall be allowed in single-family or multi-family zoning without approval by the local government. However, such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents (F.S. 419.001(2)). Community residential homes which provide a living environment of 7 to 14 unrelated residents are also to be treated as a permitted use in residential zoning districts. Attachment 2 provides statutory research conducted and opinions provided by legal staff. The State Legislature has expressly protected such small-scale ACLFS from local zoning ordinances, and they are to be treated as permitted uses in residential zoning districts. Finally, it is important to note that the Fair Housing Act provides protections for impaired persons who occupy these homes. While modifications could be proposed to alter definitions of certain protected classes, it is the opinion of legal staff that any such modifications would not be upheld. Issue #5 - Repeal of a Special Act Relating to Comprehensive Planning Regulations The Special Act 67-1246 for Collier County adopted in 1967, duplicates today's statutory regulations and requirements for counties and municipalities with respect to mandatory growth management plans and it handicaps the "inherent home rule powers" that Collier County (along with all other Counties and municipalities in the State) has with respect to zoning, land subdivision, planning and enforcement matters. As a example, one change that would occur as a result of this repeal would be the fact that the super majority four- fifths (4/5's) vote for rezone petitions would no longer be a statutou law; however, it will remain a requirement of the Collier County Land Development Code. AGENDA No. ~ ~_ I) 2 6 1999 The Special Act is applicable to both the County and to the municipalities within the County. Therefore it will be necessary to inform the appropriate elected or appointed officials in the City of Naples, Marco Island, and Everglades City of the intent to repeal this legislation, and to determine if the respective municipalities have any objection to repealing the special act. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: The support of the Animal Abuse language, the repeal of the Special Act, and support for helicopter pilots being accorded special risk retirement status does not impact the County's adopted Growth Management Plan. RECOMMENDATION: That the Board support these three legislative issues, direct the County Attorney's Office to prepare a final bill to repeal Florida House Bill 67-1246, the Special Act for Collier County, and authorize the Chairwoman to present the Board's agenda to the lo~tion. Date [~ ~0 ~q the County Ad~n~inistrator ForreUs~E. C~tt~'~, A~sistant to ' Office of the County Administrator APPROVED BY: iq i " ~ Date: Bob Fernandez, County Ad~inistrator Office of the County Administrator ATTACHMENT 1 MEMORANDUM TO: FROM: Timothy J. Constantine, Commissioner, District 3 Melissa A. Vasquez, Assistant COunty Attorney THROUGH: David C. Weigel, County Attorney DATE: August9,1999 Modular Home; RLS No. CNS 990803-01 Please accept this memorandum in response to your inquiry regarding whether the County can adopt stricter standards than the state with respect to modular homes. There is only one case in Florida which deals with this issue. That case is Campbell v. Monroe County, 426 So.2d 1158 (Flal 3rd DCA 1983). In the Campbell case, the court analyzes Chapter 553, Florida Statutes, and the effect it has on a county's ability to regulate the construction of modular homes. According to Campbell, Section 553.38(2), Florida Statutes, exclusively authorizes the Department of Community Affairs to promulgate rules assuring that factory-built housing is structurally sound and properly installed. Although it allows local governments to impose more stringent requirements than those established by the state, the local government may do so only where two (2) factors exist. First, there must be a determination that because of local conditions, more stringent requirements are needed in order to protect life and property, and second, the more stringent requirements must not discriminate against materials, products or construction techniques. Campbell, 426 So.2d at 1160, quoting Section 553.38, Florida Statutes. In addition, a Florida County retains the authority to enact and enforce zoning requirements which primarily regulate the aesthetic appearance of structures. Any such regulation, however, must be reasonable and uniformly applied and must be enforced without any distinction as to whether the building is "a conventionally constructed or manufactured building." Campbell, 426 So.2d at 1160. I have attached Section 553.38, Florida Statutes and Campbell v. Monroe County, for your information. If you should have any questions or require any additional information, please do not hesitate to contact me. MAV/cc h:Melissa99memosConsmntinemodular home AG E N~A...I~'E,,~I No, '~-L_~.; . oCl 2 6 1999 Pg. ~.,. ..... FSA § 553.38, Application and scope Page 1 *58330 West's F.S.A. § 553.38 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXXIII. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS CHAPTER 553. BUILDING CONSTRUCTION STANDARDS PART IV. FACTORY-BUILT HOUSING similar inspections on conventionally built housing. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1997 Main Volume Derivation: Laws 1980, c. 80-86, 9 2. Laws 1979, c. 79-152, 9 1. Laws 1978, c. 78-323, § 3. Laws 1974, c. 74-208, 9 1. Laws 1971, c. 71-172, 9 4. Current through End of 1998 2nd Reg. Sess. REFERENCES 553.38. Application and scope LIBRARY REFERENCES (1) The department shall promulgate rules which protect the health, safety, and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing, heating, electrical, and other systems thereof are reasonably safe, and which interpret and make specific the provisions of this part. (2) The department shall enforce every provision of this part and the rules adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, site development requirements, property line requirements, subdivision control, and onsite installation requirements, as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such local 'requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or manufactured building. A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factory-built structure. Such fees shall be equal to the amount charged for 1997 Main Volume Texts and Treatises 7 Fla Jur 2d, Building, Zoning, and Land Controls §9 15-17. 7 Fla Jur 2d, Building, Zoning, and Land Controls 99 12, 14. ANNOTATIONS *58331 NOTES OF DECISIONS Aesthetic regulations 4 Local codes 2 Validity 1 Zoning and planning 3 1. Validity Last sentence of provision relating to factory-built housing and providing "Such local requirements and regulations and others which may be enacted which relate to transportation, erection, and use, shall be reasonable and must be uniformly applied and enforced without distinctions as to whether such housing is factory-built or built in a conventional manner" was not unconstitutional either on theory that the chapter embraces more than one subject and matter properly connected therewith, or on theory that the matters dealt with in the sentence are not expressed, in statute's title. State ex tel. Shevin v. Metz Const. Co., Inc., 285 So.2d 598 (1973). 2. Local codes Copyright (c) West Group 1999 No claim to original U.S. Govt. works Pg ~ FSA § 553.38, Application and scope Section of county code was void as applied to manufacturer of factory-built housing and purchaser of one of its factory-built single-family homes because by requiring the homes in district zoned RU-1M to be constructed of masonry to roof line, no showing of a relationship of that requirement to aesthetic uniformity or safety, ordinance in effect discriminated against factory built housing in violation of state statutes. Campbell v. Monroe County, App. 3 Dist., 426 So.2d 1158 (1983). A local governmental entity which enacts an electrical code pursuant to § 553. ! 8, which differs from the electrical code adopted by the department of community affairs for factory-b~filt housing pursuant to this section, may not require additional approval of factory-built housing units bearing department's insignia of approval which are subsequently sold or installed within said entity's jurisdiction. Op. Atty. Gen., 073-107, April 6, 1973. Page 2 3. Zoning and planning Local government cannot exclude manufactured housing constructed to the standards required by the Department of Community Affairs under this part from a zoning classification that permits conventionally constructed housing. Op. Atty. Gen. 87-37, April 21, 1987. 4. Aesthetic regulations Local aesthetic regulations may be uniformly applied and enforced without any distinction as to whether a building is conventionally constructed or manufactured, but such regulations must be reasonable and bear a relationship to aesthetic uniformity or safety. Op. Atty. Gen. 87-37, April 21, 1987. Copyright (c) West Group 1999 No claim to original U.S. Govt. works 2 1999 Pg. [~ .... 426 So.2d 1158, Campbell v. Monroe County, (Fla. App. 3 Dist. 1983) Page 1 '1158 426 So.2d 1158 Ruth CAMPBELL and Structural Homes, Inc., a Florida corporation, Appellants, ¥, MONROE COUNTY, a political subdivision of Florida, and Howard B. Johnson, Building Official, Appellees. No. 82-724. 426 So.2d 1158 District Court of Appeal of Florida, Third District. Feb. 8, 1983. Manufacturer of factory-built housing and purchaser of one of its factory-built single-family homes appealed from the Circuit Court, Monroe County, M. Ignatius Lester, J., which entered order denying injunctive relief. The District Court of Appeal, Ferguson, J., held that section of county code was void as applied to plaintiffs because by requiring the homes in district zoned RU-1M to be constructed of masonry to roof line, no showing of a relationship of requirement to aethestic uniformity or safety, ordinance in effect discriminated against factory-built housing in violation of state statutes. Reversed and remanded. 1. ZONING AND PLANNING ~::'36 414 .... 414II Validity of Zoning Regulations 4141I(A) In General 414k36 Aesthetic considerations. Ha. App. 3 Dist. 1983. County may enforce zoning requirements which primarily regulate aesthetic appearances. '2. MUNICIPAL CORPORATIONS ~::~111(2) 268 .... 268IV Proceedings of Council or Other Governing Body 268IV(B) Ordinances and By-Laws in General 268kl 11 Validity in General 268kl 11(2) Conformity to constitutional and statutory provisions in general. Fla. App. 3 Dist. 1983. An ordinance must not conflict with any controlling provisions of a state statute and if any doubt exists, doubt is to be resolved against the ordinance in favor of the statute. 3. ZONING AND PLANNING ~ 14 414 .... 414I In General 414k14 Concurrent and conflicting regulations. Fla. App. 3 Dist. 1983. Section of .county code was void as applied to manufacturer of factory-built housing and purchaser of one of its factory-built single-family homes because by requiring the homes in district zoned RU-1M to be constructed of masonry to roof line, no showing of a relationship of that requirement to aesthetic uniformity or safety, ordinance in effect discriminated against factory built housing in violation of state statutes. West's F.S.A. Sec. 553.73(3)(a, b). · 1159 Randy Ludacer, Key West, for appellants. Lucien C. Proby, Jr., County Atty. and E. Nelson Read, Asst. County Atty., Key West, for appellees. Before BASKIN and DANIEL S. PEARSON, and FERGUSON, JJ. FERGUSON, Judge. This appeal is taken from an order denying injunctive relief. Appellants are a manufacturer of factory-built (modular) housing and a purchaser of one of its factory-built single-family homes. On December 15, 1980, the Building Department of Monroe County, relying on Section 19-195 of the County Code, (FN1) issued a letter rejecting CAMPBELL's application to construct a modular home on property zoned RU-1M. (FN2) By an amended complaint appellants sought a judgment to declare that the ordinance establishing a special zoning district had been enacted solely to insure aesthetic uniformity in the district and was not intended to restrict particular building materials or construction techniques. Copyright (c) West Group 1998 No claim to original U.S. Govt. works The county contends that under Section 553.38(2), Florida Statutes (1979), (FN3) it has '1160 authority, within its police powers and by statute, to enforce local land use and zoning requirements including the establishment of xchitectural and aesthetic standards within certain e~idential areas~ AG EN[~A_[T~EM No, , "~/::: L. t} ucl' 2 6 1 99 Pg. T precludes, in an area zoned RU-IM, res~Oences constructed of materials other than masonry, is a proper exercise of that zoning authority. [1] We agree that a Florida county may enforce zoning requirements which primarily regulate aesthetic appearances. City of Coral Gables v. Wood, 305 So.2d 261 (Fla. 3d DCA 1974) citing to Sunad, Inc. v. City of Sarasota, 122 So.2d 611 (Fla. 1960); Rotenberg v. City of Fort Pierce, 202 So.2d 782 (Fla. 4th DCA 1967). Cf. International Company, Inc. v. City of Miami Beach, 90 So.2d 906 (Fla. 1956) (zoning based only on aesthetics valid if general welfare of the community depended upon preserving its beauty). Contra Women's Kansas City St. Andrew Society v. Kansas City, Mo., 58 F.2d 593 (8th Cir. 1932) (zoning ordinance enacted merely to satisfy purely aesthetic desires is unconstitutional and violative of due process); State v. Woodworth, 33 Ohio App. 406, 169 N.E. 713 (Ct. App. 1929). However, we focus on that portion of Section 553.38(2), Florida Statutes (1979) which requires that local authorities enforce their regulations "without any distinction as to whether such building is a conventionally constructed or manufactured building", and with which the county's actions appear to conflict. The State Department of Community Affairs is exclusively authorized, by Section 553.38, Florida Statutes (1979), to promulgate and enforce rules assuring that factory-built housing is structurally sound and properly installed on site. Part VI of the Building Construction Standards, Chapter 553, Florida Statutes (1979) is entitled: State Minimum Building Codes. Local governments with building construction regulation responsibilities are, by its provision, permitted to impose more stringent requirements than those established by the State Minimum Building Codes only where (1) there is a 'determination that because of local conditions, more stringent requirements are needed in order to protect life and property and, (2) the added requirements do not discriminate against materials, products or construction techniques of demonstrated capabilities. Sec. 553.73(3)(a) and (b), Fla. Stat. (1979). (FN4) The undisputed testimony of the county's Building Official at trial, in part, was as follows: A. [Mr. Johnson] Yes. Like I said a while ago I have inspected these houses in the field. The house is structurally sound. It meets all the requirements of the building codes of Monroe County. There's no problem with the actual construction of the building. · 1161. Q. And in fact if the work is well done, you can stand twenty feet away and not tell the difference (between masonry and structural construction)? A. That's right. Q. Then from an aesthetic point of view it doesn't make any difference because they both look the same? A. Yes, they will both appear as a masonry constructed house, that is correct. Q. So, the requirement of masonry construction as opposed to a masonry appearance is not for aesthetic purposes, is it? A. Right. Q. Their interpretation of this particular ordinance has nothing to do with aesthetics. They are concerned about how it is put together? A. That is correct. Q. Ordinarily you fred the requirement of how you put things together in the building code, don't you? A. Yes. Q. But in this one particular case it's in the zoning ordinance. A. That is correct. The trial court found that the housing constructed by appellan/s was "strong" but not masonry as AG ENRA,,.17F No, 1999 426 So.2d 1158, Campbell v. Monroe County, (Fla. App. 3 Dist. 1983) Page 4 is structurally sound and properly installed on site and that plumbing, heating, electrical, and other systems thereof are reasonably safe, and which interpret and make specific the provisions of this part. (2) The department shall enforce every provision of this part and the rules adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, site development requirements, property line requirements, and subdivision control, as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether such building is a conventionally constructed or manufactured building .... [e.s.] FN4. Sec. 553.73(3)(a) and (b), Fla. Stat. (1979) provides: (3) After January 1, 1978, local governments and state agencies with building construction regulation responsibilities may provide for more stringent requirements than those specified in the State Minimum Building Codes, provides: (a) There is a determination by the local governing body of a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body, based upon demonstrations by the local governing body that local conditions justify more stringent requirements than those specified therein, for the protection of life and property; and Co) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities. Copyright (c) West Group 1998 No claim to original U.S. Govt. works 2 6 1999 L PQ'-~ KeyCite Page 1 Date of Printing: OCT 18,1999 CITATION: KEYCITE Campbell v. Monroe County, 426 So.2d 1158 (Fla. App. 3 Dist., Feb 08, 1983) (NO. 82-724) History 1 Campbell v. Monroe County, 426 So.2d 1158 (Fla. App. 3 Dist. Feb 08, 1983) (NO. 82-724) © Copyright West Group 1999 No, ~ ~11 , Pg. ,[ ~ __ MEMORANDUM ATTACH~ENT 2~ DATE: TO: FROM: THROUGH: SUBJECT: October 19, 1999 Forrest Cotten Mami S. Scuderi, Assistant County Attorney David C. Weigel, County Attorney Small-Scale Adult Congregate Living Facilities As Permitted Uses in Residential Zoning Districts Attached is a memorandum written by Marjorie Student titled Small-scale Adult Congregate Living Facilities as Permitted Uses in Residential Zoning Districts. This memorandum has been updated and is current as of today with the exception of the definition of developmental disability, which is now defined in F.S. § 393.063 (12) and the definition of mental illness, which is now defined in F.S. § 394.455(18). H:Mami/memos/re Adult Living Facilities AG EN 0A.LT.-E~' No,_ (~ ~'LL ( 2 6 1999 MEMORANDUM TO: Kenneth B. Cuyler, County Attorney FROMrf~arjorie M. Student, Assistant County Attorney DATE: March 2, 1995 RE: Small-scale Adult Congregate Living Facilities As Permitted Uses in Residential Zoning Districts Family Care Facilities are permitted uses within the Agricultural (A), Estates (E), all RSF (Residential Single Family), all RMF (Residential Multi-Family), RT (Residential Tourist), VR (Village Residential) and MH (Mobile Home) Districts pursuant to Collier County's Land Development Code (LDC). The LDC defines a Family Care Facility as follows: "Family care facility: A residential facilfty designed to be occupied by not more than six persons under care, plus supervisors as required by subsection 10A-5.019, Florida Administrative Code, and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons (as defined in F.S. S 400.618(3), as amended); developmentally disabled persons (as defined in F.S. $ 393.063(11), as amended); physically disabled or handicapped persons (as defined in F.S. S 760.22(7)(a), as amended); mentally ill persons (as defined in F.S. §394.455(3), as amended); and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. (see section 2.6.26.) Family care facilities in residential single-family districts shall not be made available to an individual: (1) whose tenancy would constitute a direct threat to the health or safety of other individuals; (2) whose tenancy would result in substantial physical damage to the property of others; or (3) Who is engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. These types of facilities were made permitted uses -- i -- 1999 pg,_, districts where single family and multifamily residential uses are permitted on the basis of the provisions of Subsection 419.001(2), ~lorida Statutes and the Fair Housing Act Amendments of 1988. Subsection 419.001(2), Fla. Stat. provides as follows: Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a non-commercial, residential use for the purposes of local laws and ord~Dances. ~omes of six or fewer residents which otherwise meet the definition of a com~uDity residential home shal~ be allowed ~ single-family or multifamilv zonina without approval by the local governmen%, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. A community residential home is defined as follows pursuant to Subsection 419.001(1)(a), Florida Statutes: ~' "(a) 'Community residential home' means a dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents." Therefore, according to the above-referenced statutory sections such small-scale ACLFS are to be treated as a permitted use in residential zoning districts. Note that I have checked with Palm Beach, Pinellas and Orange Counties and they treat such facilities as permitted uses in all residential districts. I also contacted Hillsborough, Dade and Broward Counties and to · date have had no response. In a special concurring opinion, Justice Altenbernd, noted that the legislature expressly protected such small-scale ACLFS from local zoning ordinances. Baldwin v. Nature's Hideaway Phase 1-B Homeowners Ass'n, 613 So.2d 1376, 1378 (Fla. 2d DCA 1993). Additionally, in 1988, the Fair Housing Act (42 USC §3601 et seq) was amended to extend its protection to the handicapped. Section 3604(f)(1) provides in pertinent Part that it is unlawful: To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling - 2 - AGENDA 13 No~ ~E( 2 6 1999 pg. ,, I ~) to any buyer or renter because of a handicap of (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, or made unavailable; or (C) any person associated with that buyer or renter. That provision also makes it unlawful discrimination, for the purpose of the subsection, to "refus[e] to make reasonable accommodations in rules, policies, practices, or services when such'accommodation must be necessary to afford such person equal opportunity to use and enjoy a dwelling." S3604(f)(3)(B). The term "handicap" is defined in S3602(h) of the statute as follows: A physical or mental impairment which substantially limits one or more of such person's major life activities; a record of~' having such impairment; or being regarded as having such an impairment. But such term does not include current, illegal use of or addition to a controlled substance as defined in section 802'of Title 21. Moreover, the implementing administrative regulation contains a very broad definition of physical or mental impairment. 24 CFR S100.201 (1994) provides as follows: (a) Physical or mental impairment includes: (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; muscoloskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human - 3 - AGENDA III~M. NO, ~t- I.,) Pg, Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of controlled substance) and alcoholism. Definitions of the terms "major life activities," "record of such an impairment," and being "regarded as having an impairment" are also provided by rule (24 CFR S100.201 (1994)): (b) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (c) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (d) Is regarded as having an impairment means: (1) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; or (2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (3) Has none of the impairments defined in paragraph (a) of this definition but is treated by another person as having such an impairment. Housing for individuals whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others do not qualify for protection under the Act. 42 USC S3604(f)(9). The Act also provides that [n]othing in this subchapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 802 Title 21. 42 USCS3607(b)(4). The legislative history of the amendment shows that these amendments are intended to apply to local land use decisions which discriminate against individuals with the handicaps referenced above. Note the following portions of that history: These new subsections would also apply to - 4 - AGENDA ITB,, No, , ~' ~3 state or local land use and health and safety laws, regulations, practices or decisions which discriminate against individuals with handicaps. While state and local governments have authority to protect safety and health, and to regulate use of land, that authority has sometimes been used to restrict the ability of individuals with handicaps to live in communities. This has been accomplished by such means as the enactment or imposition of health, safety or ~and use requirements on congregate living arrangements among non-related persons with disabilities. ~ince these requirements are not imposed on families and groups of similar size or other unrelated people, these requirements have the effect of discriminating against persons with disabilities. (emphasis supplied.) The Committee intends that the prohibition against discrimination against those wSth handicaps apply to ~oning decisions and practices. The act is intended to prohibit the ~pplication of special requirements through land use regulations, Festrictive covenants, and conditiona~ or special use permits that have the effect of limiting the ability of such individuals to ~Sve in the residence of their choice in the community. Under H.R. 1158, land use and zoning cases are ~o be litigated in court bY the Department o~ Justice. They wou~d Dot go through the administrative process. (emphasis supplied.) U.S. Code Congressional and Administrative News 1988, pages 2173, 2185. Additionally, while not decided under the Fair Housing Act Amendments and therefore not directly on point, the U.S. Supreme Court in City of Cleburne, Texas v. Cleburne Living.Center, Inc., 473 US 432, 105 S.Ct 3249, 87 L.Ed 313 (1985) struck down the City's zoning ordinance provision requiring a special use permit for group homes which would house the mentally retarded on constitutional equal protection grounds. I, therefore conclude that Collier County pursuant to the referenced state and federal laws must permit small-scale ACLFS of six or fewer residents to remain as permitted uses in the aforesaid zoning districts. Enclosures - 5 - 2 6 1999 Pg.- FSA § 393.063, Definitions Page 3 facility which provides day services. (11) "Department" means the Department of Health and Rehabilitative Services. [FN2] (12) "Developmental disability" means a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prader-Willi syndrome and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. (13) "Developmental services institution" means a state-owned and state-operated facility, formerly known as a "Sunland Center," providing for the care, habilitation, and rehabilitation of clients. (14) "Developmental training facility" means any nonresidential facility which provides basic training and habilitation to clients. (15) "Direct service provider," also known as "caregiver" in chapters 39 and 415 or "caretaker" in provisions relating to employment security checks, means a person 18 years of age or older who has direct contact with individuals with developmental disabilities and is unrelated to the individuals with developmental disabilities. (a) The term "direct service provider" also includes any person, including members of the direct service provider's family, over 12 years of age who resides with the direct service provider when: 1. The direct service provider provides .supports or services in his or her residence; 2. The direct service provider provides supports or services in a facility adjacent to his or her residence; or 3. The person residing with the direct service provider has direct contact with the individual with developmental disabilities during the hours of provision of supports or services. *41268 (b) Persons residing with the direct service provider, including family members, who are between the ages of 12 years and 18 years are not required to be fingerprinted, but shall be screened for delinquency records. (c) A volunteer who assists on an intermittent basis for less that 40 hours per month is not a direct service provider for the purposes of screening if the volunteer is under the direct and constant supervision of persons who meet the personnel requirements of s. 393.0655. (d) A physician, nurse, or other professional licensed and regulated by the Depmh.ent of Business and Professional Regulation is not a direct service provider for the purposes of screening if the service he or she is providing to a client is within the scope of practice for which he or she is licensed. (e) A person selected by the family or the individual with developmental disabilities and paid by the family or the individual to provide supports or services is not a direct service provider for the purpose of screening. (16) "District" means a service district of the department. (17) "Domicile" means the place where a client legally resides, which place is his or her permanent home. Domicile may be established as provided in s. 222.17. Domicile may not be 'established in Florida by a minor who has no parent domiciled in Florida, or by a minor who has no legal guardian domiciled in Florida, or by any alien not classified as a resident alien. (18) "Enclave" means a work station in public or private business or industry where a small group of persons with developmental disabilities is employed and receives training and support services or follow-along services among nonhandicapped workers. Copyright (c) West Group 1999 No claim to original U.S. Govt. works (19) "Epilepsy" means a chronic brain disorder of various causes which is characterized by recurrent seizures due to excessi, ~ di%t[l~tSllll~t_ll'~ .M, FSA § 394.455, Definitions (14) "Incapacitated" means that a person has been adjudicated incapacitated pursuant to part V of chapter 744 and a guardian of the person has been appointed. (15) "Incompetent to consent to treatment" means that a person's judgment is so affected by his or her mental illness that the person lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical or mental health treatment. (16) "Law enforcement officer" means a law enforcement officer as defined in s. 943.10. Page 2 receiving facility, take place for the purpose of identifying appropriate treatment services. *41397 (20) "Patient" means any person who is held or accepted for mental health treatment. (21) "Physician" means a medical practitioner licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental and nervous disorders or a physician employed by a facility operated by the United States Department of Veterans Affairs which qualifies as a receiving or treatment facility under this part. (17) "Mental health overlay program" means a mobile service which provides an independent examination for voluntary admissions and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home, assisted living facility, adult family-care home, or nonresidential setting such as an adult day care centc;'. Independent examinations provided pursuant to this part through a mental health overlay program must only be provided under contract with the department for this service or be attached to a public receiving facility that is also a community mental health center. (18) "Mental illness" means an impairment of the emotional processes that exercise conscious control of one's actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include · retardation or developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment. (19) "Mobile crisis response service" means a nonresidential crisis service attached to a public receiving facility and available 24 hours a day, 7 days a week, through which immediate intensive assessments and interventions, including screening for admission into a (22) "Private facility" means any hospital or facility operated by a for-profit or not-for-profit corporation or association that provides mental health services and is not a public facility. (23) "Psychiatric nurse" means a registered nurse licensed under chapter 464 who has a master's degree or a doctorate in psychiatric nursing and 2 years of post-master's clinical experience under the supervision of a physician. (24) "Psychiatrist" means a medical practitioner licensed under chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. (25) "Public facility" means any facility that has contracted with the department to provide mental health services to all persons, regardless of their ability to pay, and is receiving state funds for such purpose. (26) "Receiving facility" means any public or private facility designated by the depmhnent to receive and hold involuntary patients under emergency conditions or for psychiatric evaluation and to provide short-term treatment. The term does not include a county jail. Copyright (c) West Group 1999 No claim to original U.S. Govt. works (27) "Representative" means a person selected to receive notice of proceedings d~ ring the time a patient is held in or admitted to [ NO. OCT 2 6 I 99 pg EXECUTIVE SUMMARY RECOMMENDATION, PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632, THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO RETAIN OUTSIDE COUNSEL TO REPRESENT THREE INDIVIDUAL COUNTY EMPLOYEES SUED IN POPP V. COLLIER COUNTY, CASE NO. 99-3286-CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTX/~ FLORIDA AND WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL. OJl~F_,C/IJ3~I~ For the Board to authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for three individual County employees sued in Poppv. Collier County, Case No. 99-3286-CA, Twentieth Judicial Circuit in and for Collier County, Florida and to waive the Purchasing Policy for purposes of retention of these outside counsel to the extent such a waiver is necessary. CONSIDERATIONS: Resolution No. 95-632 sets forth the Board of County Commissioners' policy with regard to providing legal defenses and paying legal expenses of County staff who are sued in civil rights lawsuits. The County and four current County employees including (1) County Administrator Robert Fernandez; (2) Public Works Director Ed Ilschner; (3) Paul Mattausch, Director, Water Department; and (4) Randy Garay, Operations Superintendent, North Water Treatment Plant have been sued by former County employee Jeffrey Popp. Mr. Popp's alleged claims include an alleged violation of the Public Employer Whistleblower's Statute, an alleged violation of the Florida Occupational Safety and Health Act, alleged Section 1983 claims for violation of Mr. Popp's first amendment rights and other constitutional rights and an alleged violation of the Florida Constitution as well as an alleged tort claim for tortious interference with employment relationships. The Office of the County Attorney and the Risk Management Department recommend that each of the individuals sued, with the exception of County Administrator Robert Fernandez who has only been sued in his official capacity, be provided legal counsel in accordance with Resolution No. 95-632. The Office of the County Attorney will represent the County and Mr. Fernandez in the lawsuit. Given that suit has already been filed, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these emergency circumstances and in the best interests of the County, it is further recommended that the Board waive the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney in conjunction with the Risk Management Department to seek and retain counsel for the three employees by the most expeditious means possible. This would include identifying attorneys who have experience in. such matters and AGENDA/TEM 1 0CT 2 1999 making contact with those attorneys to determine their interest, rates and capabilities and to hire the necessary attorneys in accordance with Resolution No. 95-632. FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in this case could run any where from $125 to $175 per hour. Based on recent experience in other cases, it is likely that the payment of outside counsel fees for the three employees will collectively exceed $50,000 if it is necessary to take this case through trial. In addition, there will be deposition costs and other costs that likely could run between $4,000 and $10,000. The funds to defray these attorneys' fees and costs would come from the County's Property and Casualty Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION; That the Board approve the retention of attorneys for the three individual employees named above and waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the three individual employees, PREPARED BY: ' ~'" '" - . Date: , // ?/ Michael W. Pettit Assistant County Attorney Jeff Walker, CP"Cu,ARaM Risk Management Director Date: REVIEWED BY: Steve Camell Purchasing Director Date: APPROVED BY: ~d.~f~- a~__ ~t'_a~ff~. David C. Weigel f--,) County Attorney h:Lit\Popp\ExSum-OutsideCounsel=mwp Date: OC':' 2 6 1999 EXECUTIVE SUMMARY UPDATE FROM THE ARMY CORPS OF ENGINEERS ENVIRONMENTAL IMPACT STATEMENT. STAFF ON THE Objective: To provide input from the US Army Corps of Engineers on the Draft Environmental Impact Statement on improving the regulatory process in Collier and Lee Counties and to provide direction to staff regarding the development and submission of written comments to the Corps within the public comment period. NOTE: The public comment period has been extended until November 2, 1999. One Pubic meeting was held on August 23, 1999 at Three Oaks Middle School in Fort Myers. A second hearing was held on Thursday, September 30, 1999, at the Lehigh Acres High School, 801 Gunnery Road, Lehigh Acres, Florida. One additional public hearing will be held at 6:00 PM on October 25, 1999 at the Golden Gate Community Center. CONSIDERATIONS: Attached is a summary report of the Draft ElS for Southwest Florida (Collier and Lee Counties). As indicated in the summary report, the Corps out of concern that the current incremental permit review may not be adequately addressing the cumulative effects of such permits initiated the EIS. Additionally, for the Board's consideration, attached is a copy of comments on the draft EIS from the Regional Planning Council. Staff has evaluated the full text EIS with back up data. The EIS contains several sets of new information based upon data, GIS maps, the work of the Alternatives Development Group (ADG), water quality monitoring, and other sources. From this information, the EIS contains predictions on the cumulative and secondary effects of 20 years of applications and other actions. This is intended to set a benchmark by which, through a series of specific questions, the Corps can compare the effects of individual applications to the predicted total effect. Staff from the USACE will be at the Board meeting to provide an overview of the Draft EIS and to answer questions from the Board. In staff's review of the document, several questions, concerns and recommendations have arisen. .5. The document needs to be structured more concisely and clearly so that it is more user friendly. Tables may help in this regard. Appropriateness and availability of off-site mitigation is not clear. The appropriateness of general permits in certain areas is not addressed. It had been stated during the ADG process that in some areas the permitting process might be facilitated via general permit(s). The maps are confusing. The map depicting the Overlay of Alternatives appears to be easier to understand as it more clearly depicts the conflicts between development areas and preservation/conservation areas. Within Golden Gate Estates. two levels of impact thresholds are identified, 10% and 50 %. Will property owners who submit plans, which remain below these thresholds, be able to obtain an expedited permit review? Is there the possibility of a collaborative OCT 2 6 1999 permit review through a general permit for single-family homes in North Golden Gate Estates that remain below these thresholds? Since the Draft EIS provides for maximum quantities (in terms of impacts on preservation lands, impacts on water quality, etc.) it is assumed that through the permitting process the Corps will keep a running tally. Once the maximum impact levels in any area have been reached, will no further permits be issued? Is this a first come first serve process? That is, will early permit applicants or permit applicants effecting a larger area or more of a resource be able to use up the prescribed amount of the respective resource? Will this not cause a rush of permit applications in order to attempt to ensure some "vesting" status? FISCAL IMPACT: The recommendations of the Draft EIS, if adopted by the Corps, will require additional data collection and site analysis by property owners in the permit review process. This may have an increased fiscal impact on those property owners, though a specific amount is difficult to predict since it will be a case by case determination. STAFF RECOMMENDATION: Staff recommends that based upon the Corps presentation and response to questions on September 14, 1999, staff be directed to prepare a written response on behalf of the Board detailing any remaining outstanding questions and concerns. Staff recommends that this response should be sent to the Jacksonville District within the extended comment period. PREPARED BY: APPROVED BY: rt J. Mulhere, AICP P~ nning serv/~ Department Director Vincent A. Cautero, AICP Community Development & Environmental Services Administrator AGEND~x No. ~ ) OCT 1 2 1999 AGENDA ITEM -- OCT 1 2 1999 DRAFT ENVIRONMENTAL IMPACT STATEMENT On Improving the Regulatory Process in SW Florida COMMENTS BY THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL SUMMARY The Environmental Impact Statement (EIS) has been prepared by the U.S. Army Corps of Engineers (Jacksonville District) in response to issues that they see affect their mission. The EIS has been designed to examine the question and develop a response to the issues of cumulative and secondary impact of land development and land use change. The issues of secondary and cumulative impact result from many uncoordinated permit decisions, as they affect wetlands, wildlife of special concern, and water quality and quantity. The EIS proposes a set of evaluation criteria to be used by permit seekers and the U.S. Army corps of Engineers (The corps) in its review of permits. OVERALL COMMENT An improved permit system that is the goal of this EIS cannot be achieved without an overall plan by which the system promoted by the EIS can be evaluated for success. Such a plan is beyond the authority of the Corps. The entities authorized by law to develop and implement such a plan are the local governments of the study area. These plans attempt to balance often competing public policy-such as accommodate economic growth, and promote the individual's ability to achieve full potential, and protect the environment. Although the EIS provides some guidance in meeting permit needs on an individual basis, it still fails short in guiding land use agencies of an areawide strategy. The two maps provided indicate a strategy is implied, but there is little variation in criteria between land use criteria. The EIS needs to either be proactive on a strategy (which, in fairness, the Corps cannot do) or provide a framework by which another entity's strategy can be accepted. SPECIFIC COMMENTS 1. Appendix H needs reorganization badly. Start with a matrix or two, depicting criteria on one side, and applicability for legend category across top. (Some accidents will pop out for correction). This enables text reduction on criteria, and increase discussion of legend and goals, along with complementary planning or enforcement programs. Since most criteria apply everywhere-which obviates the value of legend categories-there needs to be consideration of "off-site" mitigation applicability (everything but preservation) and on-site applicability. The "off-site" applicability provides for a very strong local planning link (as well as state, regional, district planning links). 2. The Map. The Overlay of Alternatives is the better map, because it shows through geographic application the conflicts between public policies of development etc and preservation etc. Contrarily, there is not a good description of the Project Review map's decisions about the Overlay of Alternatives grey and white areas-or areas where there was not a grey/white difference. The implication/conclusion is that there was another decision point that was outside the ADG process. Using the Overlay of alternatives Map provides the vehicle for more distinctions between map categories (development proposed for development areas vs development proposed in white areas) with varying/intensification of criteria. This also then provides for a better link with Florida's planning laws. 3. Water Quality and Quantity. This is the critical issue of the entire EIS because the impacts being evaluated are commonly felt off site, providing a stronger link to "nuisance" law than exists for the other EIS issues. It is evident that water quality/quantity calibration and prediction is a key component of the permit system's ability to address cumulative and secondary impact. It is necessary that a common tool be endorsed (or developed) for watershed assessments. If such a tool cannot automatically be endorsed (and be able to be used by the better quality desk top computers) then there is no way an individual permit applicant can answer some of these questions for cumulative and secondary, impact. This would make the Permit Review CriteriaJEIS premature. 4. Logic gap. SCHA is linked to % of state. If PDQ, Inc., elsewhere in the state wipes out some SCHA does that mean we get to reduce ours until we are back to the original %? No .. OCT 1 2 1999 7 5. Lehigh Golden Gates Estates 2 Greenway. These concepts need additional explanation and refinement. They are shown as one category, and two different criteria frameworks. One compelling reason for further refinement is that the nature of development that already exists in these areas have wide differences, with (for example) one area of the proposed Lehigh Greenway having over 500 homes in about 4 square miles, and another 10 square miles having about 20. ADDITIONAL COMMENT The Estero Bay Agency for Bay Management has also undertaken a review and prepared comments. These have been sent separately, but are also attached for your review. AG E N D~,~ T ~,~,,, No I OCT 1 2 1999 APPOINTMENT OF MEMBER(S) TO PUBLIC VEHICLE ADVISORY coMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on September 2, 2000 on the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 2 vacancies. Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. 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 citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William J. Csogi non-affiliated 2 yes none COMMITTEE RECOMMENDATION: Quasi Judicial Committee - no recommendation. Staff has advised that the applicant is qualified and eligible to serve representing the non- affiliated catego~'. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 1 member to fulfill the remainder of a vacant term; and. direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filsom Administrative Assistant Board of County Commissioners Agenda Date: OCTOBER 26, 1999 OCT 2 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director October 6, 1999 Public Vehicle Advisory Committee The resume for William J. Csogi for a vacancy in the Public Vehicle Advisory Committee has been reviewed by the Committee and myself. This vacancy requires no affiliation or association with a motor vehicle for hire. Mr. Csogi's qualifications meet these requirements. MEA/mc Code Enforcement Department Community. Development & Environmental Services Division AGENDA ITE~VI NO. OCT 2 6 19~19 Name Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe~appt 2ndE. rpDate ~erlH 2nd Term Thomas W. Lugrin 598-3300 42 Mentor Drive Naples, FL 34110 District: 5 Categot3,: Affiliated John Dou~herw ~ c/~r~/ ~, 353~8294 Naples. FL .34116 District: 3 Categoo': Alternate/Affiliated Bm'an L. S. Pease 13:73 Wildwood Lakes Blvd. Naples. FL 34104 District: 3 Categot3': Affiliated 261-5151 Patricia .~rI. Baislev 2725 70th Street. ~.W. Naples. FL 34105 District: ~ Category: Affiliated Anthonv P. Tesauro 06/04/96 09/02/96 9/2/97 09/02,/01 09/02/97 09/02/00 06/04/96 09/02,/96 6/'4/96 09/02,/00 262-1312 06/08/93 09/02/96 649-0468 10/8/96 09/02/00 262-0040 160 Turtle Lake Court. Bldg 3 Napies. FL 34105 District: 2 Category: Non-Affiliated Clifford Wesley Flegal, Jr. 292 Baltusro115rive Naples. FL 34113 District: 1 Category: Non-Affiliated 774-9674 02/04/97 09/02/00 09/02,/97 09/02/01 Months 4 Years 3 Years Months 4 Years 3 Years 4 Years 4 Years 4 Years Wednesday, September 03, 199 ~' Page I of 2 AGENp_6 I~ NO. ~ OCT 2 ~ 1~j03 Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member and 1 alternate member was created by Ord. No. 86-4, re-established by Ord. 91- 93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regaraing alleged violations of Ord. 91-93. Membership consists of 3 members who must be hotders of Ce~ificates to Operate a motor vehicle for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holder of a certificate. Terms are 4 years. Staff: Maria Cruz, Code Enforcement Specialist: 403-2414 Wednesday September 03, 1997 Page 2 of 2 AGEND 0C T 2 6,. 19S3 P~,. q MEMORANDUM DATE: September 7, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assist~vV],' 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. PUBLIC VEHICLE ADV COMM COMMISSION DISTRICT William J. Csogi 202 Woodshire Lane Naples, FL 34105 Thank you for your help. AOENDA ITEI~ MEMORANDUM DATE: TO: FROM: September 7, 1999 Michelle Arnold, Code Enforcement I~tor Sue Filson, Administrative Assist~t~.~ Board of County Commissioners /k~./ ' Public Vehicle Advisory Committee 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: William J. Csogi 202 Woodshire Lane Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and ! 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 O-.-d~ND~TE, J~I - 15:45 19412614864 CAR CRITIC WILLIAM CSOGI 202 Woodshire Lane Naples, FL. 34105 Phone 941-435-1157 Fax 041-261-4864 Home Phone 94%261-6957 Ematl PUPPYS4U(~AOL.COM PAGE 01 ECSVE SEP 0 2 1999 $0ard of Count,~ "~ Sue Filson Via Facsimile 774-3602 Adminis~ative Assistant Collier County Commission 3301 East Tamiami Trail Napl~s, Florida 34112 Dear Ms. Filson: Plea.se Ix= advised that I am inter~ in the Public Vehicle Advisory Commitme. Please fred enclosed my resume outlining my work experience in u~e automotive industry. I have been a r~ident of Collier County since October of ) 989 and share a concern of the growth of Colller County and feel I would b~ a good candidate for/he panel to review public m~ponation concerns in Collier County. My ocpo'i~nce in operating and owning ~n aulomoliv¢ insp~6on and appraisal company should prove a valuabl~ reset to the committee in making exku:aIed transporauio~ decisions. lfyou have any questions or concerns, please fe~l free to comac'l me. Sincerely, William J. Csosi Fac: 1 [FILLIAM J. C$OGI 202 Woodshire Lane, Naples, Florida 34105 (941)261-6957 email puppys4u~aoi.com CAREER OBJECTIVE 0 V/OPERA TEA UTOMOBILE APPRAISAL/INSPECTION COMPANY QUALIFICATIONS SUMMARY 3 years owner/operator profitable automobile inspection/services Company 12 years of progressive experience in automotive service industry and parts management. A take charge, positive attitude which facilitates the development of exceptional customer relations and staff productivity. Effectively resolve existing or potential problems by applying superior technical management skills. Demonstrated ability to work effectively and complete multiple projects simultaneouMy. Knowledgeable in the use of computerized systems/equipment to access, store and track pertinent information. AREAS OF STRENGTH LEADERSHIP SKILLS- TECHNICAL AUTOMOTIVE KNOWLEDGE CUSTOblER RELATIONS- PROBLEM RESOLUTION- STAFF DEVELOPMENT SENSITIVITY FOR PROFIT- DEPENDABILITY EXPERIENCE Car Critic Inc. Naples, Florida 1996~Present Accredited Automotive Inspector/Appraiser/Automotive Forensic Investigator for private clients, nationwide fleet accounts, lending institutions, insurance companies and legal the community. Providing forensic, Fire and Mechanical defect investigations and appraisals nationwide. Naple~ Acura Naples, Florida Shop Formart/Service Technician (A-Class Line Naples, Florida 1993/1999 Technician) New and Used automotive sales consultant 1996/1999 Henry Johnson Tire & Service Store Manager Naples, Florida 091~2f1~ 15:45 1~41251486~ CAR CRITIC P~G5 03 PRIOR EXPERIENCE Westside Automotive - Bob Taylor Chevrolet - Germain Lincoln Mercury - Mitchell Subaru - William F Curtiss Shell - Naples, Florida - Owner/Operator 3 bay independent service faculty Naples, Florida - Driveability Technician Naples, Florida- Driveability Technician Canton, CT - Class A Line Technician Simsbury, CT- Service station Technician PROFESSIONAL TRAINING Acura Automobiles ASE Certified - Acura Line Tech - Tethnical Careers Auto Institute Champion Spark Plug, Inc. - Chrysler Line Tech - Daihatsu Line Tech - General Motors - International Automotive Appraisers Association Lincoln Line Tech - Mercury Line Tech - Mobile Air Conditioning Society - Safety Clean Corporation- Florida Department of Insurance Sales processing and product knowledge. Automotive Service Excellence Certified 100% Factory Training 2 Year program. Distributorless Ignition Systems. 100% Training 100% Trahling GM computer command control electronic engine and emission control systems. Member # 1004280099 100% Training 100% Training R-12/R-134A Refrigerant Recycling and Service Certified. Hazardous Material Handling And Identification Licensed to sell automobile warranti~ EDUCATION Computer courses including WordPerfect 5.2, Windows, Microsoit and MS DOS Simsbury High School Technical Careers Auto Institute International Automobile Appraiser Association OUTSlDE INTERESTS (Vise President) Woodshire Homeowners Assoclatlo~rew Chief Arnold Racing Team Member I.A.T.N #28 SEDIV S.C.C.A Naples, FLMcmb~ Member S.C.C.A. Member T.A.R.O P.A.D.I REFERENCES wILL BE FURNISHED UPON REQUES EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms on the Parks and Recreation Advisory Board. CONSIDERATIONS: Representation on this board consists of 1 member from the Immokalee Community Park District. and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. Mr. Timothy M. Blackford and Ms. Daphne Bercher resigned their positions on the Parks and Recreation Advisory Board. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Samuel E. Welborn urban 5 yes none ?vlary Ellen Rand urban 2 yes none Charles ?vi. McMahon, Sr. urban 3 yes none COMMITTEE RECOMMENDATION: The PARAB has submitted their recommendation in order of area expertise as follows: 1. Charles Ivl. McMahon? Sr.- expiring 12/31/99. plus additional 4 yr term expiring 12,/31,/03 2. Mary Ellen Rand - expiring 12/31/01 3. Samuel E. Welborn FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to fulfill the remainder of vacant 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 26, 1999 Memorandum RECEIVED OCT 0 ¢~ I999 To: From: Sue Filson, Administrative Assistant Board of County Commissioners Maria Ramsey, Director Parks and Recreation~[~ Date: Subject: October 5, 1999 Advisory Vacancies The following recommendations, in order of area expertise, were made by the PARAB (Parks and Recreation Advisory Board) on the meeting held September 22, 1999 to fill the two current vacancies. 1. Charles McMahon, Sr. 2. Ma~' Ellen Rand 3. Samuel E. Welborn. Any questions please feel free to give me a call. Office of the County Administrator AGENDA ITEM No. Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Lindy D'Amico 1303 Solana Road Naples, FL 34103 District: 4 Category: Urban Timothy M. Blackford 276 Madison Drive Naples, FL 34110 District: 2 Category: Urban 403-5130 649-4093 06/22/99 12/31/02 3 Years 261-4446 01/07/92 12/31/93 2 Years 565-9121 12/16/97 12/31/01 4 Years Gil C. Mueller 541 Blackmore Court Marco Island, FL 34145 District: 1 Category: Marco Island. Daphne Bercher 3800 Estero Bay Lane Naples, FL 34112 District: 1 Category: Urban 02/15/94 12/31/95 394-9444 11/14/95 12/31/99 261-6909 774-3181 2 Years 4 Years Lisa H. Barnett 1105 Royal Palm Drive Naples, FL 34112 District: 4 Category: Urban 649-4900 643-9703 08/26/97 12/31/99 2 Years Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee 1/12/99 12/31/02 4 Years 12/31/98 12/31/02 05/26/98 657-2401 1/12/99 7 Months 4 Yrs. Wednesday, June 23, 1999 Page 1 of 2 Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home P/tone DateRe-appt 2ndExpDate 2nd Term John Grice 326 Charlemagne Boulevard, I204 Naples, FL 34112 District: 1 Category: Urban 774-5517 12/16/97 12/31/01 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93o81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, ~ ,,uA, e.~_Marno I.~lnncl r' ......... and~ members from the Naples and Urban Area .............. y Pn;k Community Park District. Terms are 4 years. FL STA T: Staff: Maria Ramsey, Parks and Recreation Director: 353-0404 IVednesday, June 23, 1999 Page 2' of 2 ... MEMORANDUM ECE VEC DATE: TO: FROM: September 7, 1999 Vinell Hills, Elections Office f-)jQ Sue Filson, Administrative Assist~t/4 ' ~ Board of County Commissioners <,,J · 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. PARKS & RECREATION ADVISORY BD COMMISSION DISTRICT Samuel E. Welborn 815 Nurser),' Lane Naples. FL 34119 Mary Ellen Rand 550 110''~ Avenue. N. Naples. FL 34108 Charles M. McMahon, Sr. 4416 27"~ Court, S.W. Naples, FL 34116 Thank you for your help. AGENDAITEM .o. /mC., OCT 2 6 1SS3 MEMORANDUM DATE: TO: FROM: September 7, 1999 Mafia Ramsey, Parks and Recreation D~r~[~r Sue Filson, Administrative Assistan!// Board of County Commissioners ~ Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Samuel E. Welbom 815 Nursery Lane Naples, FL 34119 Mary Ellen Rand 550 110'h Avenue, N. Naples, FL 34108 Charles M. McMahon, Sr. 4416 27'h Court, S.W. Naples, FL 34116 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 A~A ITEM Samuel E. Welborn August 25, 815 Nursery Lane Naples, Fi 34119 1 941 455 4694 The Collier County Board of Commissioners ATTN: Sue Filson 3301Tamiami Trail East Naples, F1 34112 Ms Sue Filson; I am applying for the open position on the Advisory Board of the Park and Recreation Department. I am a retired educator, having taught 31 years in South Carolina and Alabama and as a substitute teacher in Collier and Lee counties. I served as a High school football, basketball, and baseball coach; was a Guidance Counselor, and a Principal of both a Middle school and a Junior High school. I had many Summer jobs; working at a YMCA camp and several years at Boy Scout camps. I am at present President of the Golden Gate Kiwanis Club and a member and past President of the Golden Gate AARP. Several members of the Park and Recreation staff are acquainted with me: John Dunnuck, Ed Tarroni and Keith Larson. I will be happy to answer any questions you may have about Sincerely, me. ^C-,END. A NO. FROM UANRSSE & DRYLOR PHONE NO. : 9414374636 Sep. 02 1999 11:39AM P1 RECEIVED VANASSE .A?LOR, LLP r-At2,c) i i¥11LI:: From: Date: Total Pages: (Including This Sheet) Comments: ORIGINAL: __ Mailed __ Federal Expressed __ Held in File Confidentiality Note: The information COntained in this message Js legajh/' privileged and contr~lenfial information intended only for He use of the individual or e~k'y named above. If the reader cf this mesaage is not the Intended recipient, you are hereby notified that any use, dissemination, dJstr~uflo~ or copy of this telecopy is st/lc'fly prohibited. If you have receivecl this teteCopy In er¢or, please immediately notify us by telephone and return the original message to us at the addre'~s above via the United States Postat service. Thank you. 8270 College Parkway, Suite 205, Fort Myers, Florida 33919 · Website: www. vand. Telephone 941437-4601 . Fax9414374636 · Email: admin~vanday, com O~T 2'6 1999 FROM : UANASSE & DAYLOR PHONE NO. : 94143?46]6 Sep. 02 1999 ll:40AM P2 Sue Filson Board of' County Commissioners Collier County, Fla. 330i East Tarniami Trail Naples, Fla. 34112-4977 Mary Ellen Rand 550 110~ Ave. North Naples, Fla. 34108 (941) 514-3763 bm. (941) 4374601 wk Septembar2, 1999 I~ear Ms. Filson, I receiv~l a notice yesterday from Commissioner Carter's office of vacancies on several Collier CounVy Advisory l~ards. The deadline 1 see is ~morrow so I am fitxing you ~his letter and my resume for membership application on the Parks and Recreation Advisory Board. My credentials and experience are detailed in the attached r0sume. In brieF, i am a Florida licensed Landscape Architect with a Master's Degree from the Univ. of'Georgia School o£ Environmental Design, My thesis work was on the subject ofutilimtion ofprivat~ open ~pace for public recreatton. I have prat:tie, od landscape architocOare for 12 years. I was employed by Wilson Miller for three years and am presently employed a~ Vanasse & Daylor, LLP. During my employment at Wilson Miller I had major responsib~ for the design of several Collier County parks projects. These were South Naple~ Community. Park (now called Eagle Lakes), the concept plan adopted by Parks & Rec. for Bluebill Park (now called Conner Park), and the ske work associated with the Golden Gate Fimess Center. In the course of working with Parks and Recreation representatives on the design, specifications, and implementation o£the~e projects I gamed a great deal of knowledge regarding the county's needs in the area of parks planning and operations. I also think that the information I gained through my Master's Thesis ,,viii be very valuable in examining alternative methods to land acquisition forahe development o£parks and facilities and programs and the development ora county wide recreational Open Space Systean. I hope that you will consider accepting me for membership on this Advisory Board. I flaink that what I can offer will be o£ eonsidgable benefit to the work of'this Board in developing an excellent recreation system to assure Collier County's growth as a livable community. Sincerely, F~OM : URNRSSE & DRYLOR PHONE NO. : 9414374636 Sep. 82 1999 11:40RM P3 Mary Ellen Rand, RLA, ASLA Landscape Architect Education Bachelor of Visual Arts Georgia State University, 1976 M~z~ter of Landscape Architecture University of Georgia, 1988 Profeasional Experience 1999 - Present Landscape Architect Vanctsse & Daylor, LLP Ft. Myers, Fla. 1996-1999 Landscape Architect Wilson Miller, Barton & Peek Naples, Fla_ 1992-1996 Landscape Architect Landscape Architectural Servwes, Birmingham, Al. 1990-1991 Landscape Architect Surrourn~rtg~ Inc. Birmingham, Al. 198%1985 L- Architecture Assistant Jaeger Pyhurn & 2ssoc. Gainesville, Ga. Summer 1987 L- Architecture Inter~ The 3TK4 Group Boca Raton, Fla. Professional Memberships American Society of Landscape Architecture SW Florida Section, Secretary, 1998-1999 Annual Conference, Planning Committee Re2istration Landscape Architect, State of Alabama Landscape Architect, State of Florida Experience Ms, Rand has over twelve years experience as a landscape architect working with the desig-n and construction of parks and recreation facilities, and civic, residential and commercial projects in Georgia, Alabama and Florida. Her respons~ilities have included master planning and site planning, hardscape and planting design, construction document preparation, construction observation, planning reports, site feasibility studies and design gmidelines. Representative Commercial: ]Project: Scope: Shoppes al Santa Baxbara Master Planning Pulling Marina Beachway PUD Plann Sabal Bay 5t~ t3ra Bank Concept Harming Concept Concept Planning Planting Desigx! Residential: Project: Terra Verde HlmtwgWn Lakes Stonebridge Indian WelLv, Lely Centex Homes Numerous projects Heritage Sound U.S. Home Scope: - Site Planning -Site Plarmiag -Site Planning - Planting and Signage Design -Master planning and Landscape Design -Sign Feature and Landscape Design Park and Campus Planning: Project.:. Scope: The Community - Master Planning and School of Naples Site Planning Eagle Lakes Park -Master Planning, Collier Cty. Site Plamaiag, Planting and facilities design Conner Park -Master Planning Collier Cry. ~ , Center Court at -Site ] 'l ~aml~-NO. ~ Pelican Marsh OCT 2 1599 pg. Sue Filson Board of County Commissioners Collier County, Fla. 3301 East Tamiami Trail Naples, Fla. 34112-4977 Mary Ellen Rand 550 110t~ Ave. North Naples, Fla. 34108 (941) 514-3763 hm. (941) 437-4601 wk. September 2, 1999 RJE IYE 3 SEP 0 3 199 c j~:l~r'j Of County C~,missicner:~ Dear Ms. Filson, I received a notice yesterday from Commissioner Carter's office of vacancies on several Collier County Advisory Boards. The deadline I see is tomorrow so I am faxing you this letter and my resume for membership application on the Parks and Recreation Advisory Board. My credentials and experience are detailed in the attached resume. In brief, I am a Florida licensed Landscape Architect with a Master's Degree from the Univ. of Georgia School of Environmental Design. My thesis work was on the subject of utilization of private open space for public recreation. I have practiced landscape architecture for 12 years. I was employed by Wilson Miller for three years and am presently employed at Vanasse & Daylor, LLP. During my employment at Wilson Miller I had major responsibility for the design of several Collier County parks projects. These were South Naples Community Park (now called Eagle Lakes), the concept plan adopted by Parks & Rec. for Bluebill Park (now called Conner Park), and the site work associated with the Golden Gate Fitness Center. In the course of working with Parks and Recreation representatives on the design, specifications, and implementation of these projects I gained a great deal of knowledge regarding the county's needs in the area of parks planning and operations. I also think that the information I gained through my Master's Thesis will be very valuable in examining alternative methods to land acquisition for the development of parks and recreation facilities and programs and the development of a county wide recreational Open Space System. I hope that you will consider accepting me for membership on this Advisory Board. I think that what I can offer will be of considerable benefit to the work of this Board in developing an excellent recreation system to assure Collier County's growth as a livable community. Sincerely, /~/~; ~ Mary Ellen Rand, RLA, ASLA AGENDA ITEM // Mary Ellen Rand, RLA, ASLA Landscape Architect Education Bachelor of Visual Arts Georgia State University, 1976 Master of Landscape Architecture University of Georgia, 1988 Professional Experience 1999 - Present Landscape Architect b'anasse & Daylor, LLP Ft. Myers, Fla. 1996-1999 Landscape Architect Wilson Miller, Barton & Peek Naples, Fla. 1992-1996 Landscape Architect Landscape Architectural Services, Birmingham, Al. 1990-1991 Landscape Architect Surroundings Inc. Birmingham, Al. 1987-1988 L- Architecture Assistant Jaeger Pyburn & Assoc. Gainesville, Ga. Summer 1987 L- Architecture Intern The SWA Group Boca Raton, Fla. Professional Memberships American Society of Landscape Architecture SW Florida Section, Secretary, 1998-1999 Annual Conference, Planning Committee Registration Landscape Architect, State of Alabama Landscape Architect, State of Florida Experience Ms, Rand has over twelve years experience as a landscape architect working with the design and construction of parks and recreation facilities, and civic, residential and commercial projects in Georgia, Alabama and Florida. Her responsibilities have included master planning and site planning, hardscape and planting design, construction document preparation, construction observation, planning repons, . site feasibility studies and design guidelines. Representative Pro[ects Commercial: Project: Scope: Shoppes at Santa Barbara Master Planning Pulling Marina Beachway PUD Planning Sabal Bay 5th/34 Bank Concept Planning Concept Concept Planning Planting Design Residential: Project: Terra Verde Huntington Lakes Stonebridge Indian Wells, Lely Centex Homes Numerous projects Heritage Sound U.S. Home -Site Planning -Site Planning -Site Planning - Planting and Signage Design -Master planning and Landscape Design -Sign Feature and Landscape Design Park and Campus Planning: Project: Scope: The Community -Master Planning and School of Naples Site Planning Eagle Lakes Park -Master Planning, Collier Cty. Site Planning, Planting and facilities design Conner Park -Master Planning Collier Cry. Center Court at Pelican Marsh -Site 4416 27th CT SW Naples, FL 34116 (941) 353-2055 8-31-99 Ms. Sue Filson, Administrative As~istam Collier County Commission 3001 US 41 E Naple~, FL 34112 RECEIVED Dear Ms. Filson: [ am interested in being a member of the Collier County Parks and Recreation Advisory Board. I am presently on the Golden Gate Beautification Advisory Board, however, my term expires in Oct., 1999. I have lived in Collier County since 1979. I participate in community activities and have volunteered for various local organizations, I am presently on the Board of Directors for Swamp Buggy, Inc. I am employed as Project Manager with JlX2 Electric, Inc. and have over twenty years experience in thc local construction industry. I realize how important the Collier County Parks and Recreation Department is to all of us. I am married with four children and all of us participate in Collier County Parks and Recreation activities frequently. 1 am committed to our local community and look forward to working with the Collier County Commission to insure that we maintain our high quality of life in beautiful Collier County, FL. Please contact me at the above address or phone number. Sincerely, Charles M. McMahon, Sr. AGENDA ITEM - NO. ~ OCT 2 Charles M. McMahon Sr. 4416 27th CT SW Naples. FL ~41 ] 6 ~941 ~ 353-2055 EMPLOYMENT HISTORY 199g-present J'DC Electric-Naples, FL Project Manager Duties: lnsta/lation of portable classrooms and remodeling Collier County Public Schools. Installation of lighting for parking lots, street lighting, and recreational facilities. Wiring UPS systems, industrial plants, and overall electrical systems. Trouble shooting electric load systems for hot spots and balancing of system. 1993-1998 Presicion Electric- Naples, FL Service Manager Duties: Assign se~rice calls and repair of electrical problems. Wiring of custom homes, commercial buildings and condos. Remodeling of computer and fire alarm systems. 1993- Holmes and Narver Services Inc. Egyptian Air Base, Cairo, Egypt Instructor Operational Maintenance, Industrial Electrician with some high-voltage Duties: operational maintenance, repair of facilities, support equipment and electrical distribution systems. Assi8 duties, supervise classroom work and on the job training of Egyptian Air Force Officers. 1992- EB. Simmons-Naples, FL Foreman Duties: Wiring of communication towers, backup generators and switch gears. 1991-1992- International Manufacturing Services- Belize, Central America Operational Management Duties: Field supervisor of prefabricated housing project, design electrica/ prefab systems, field scheduling, training & contract ~ministration ED UCA TION High school diploma, Navy -basic electricity/electronics, Navy basic hydraulics and pne,~lm~fic systems, Vo-Tech electric, al journeyman, O&M training cerfifi - cation, Florida Bureau of Apprenticeship PERSONAL Military Service :US Navy (a~tive duty) 12/7~ - 11/79 Honorable Di~harge D.O.B: 2/13/57 OCT RESOLUTION NO. 99 - A RESOLUTION OF' THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING THAT THE ARMY CORPS OF ENGINEERS EXTEND THE PUBLIC COMMENT PERIOD FOR THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ON IMPROVING THE REGULATORY PROCESS IN SOUTHWEST FLORDA, ISSUED IN JULY, 1999, FOR AN ADDITIONAL SIX MONTHS TO MAY 2, 2000; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Army Corps of Engineers ("Corps") has undertaken an Environmental Impact Study for Southwest Florida to study the impacts of the Clean Water Act Section 404 permit'ting program on the area; and WHEREAS, the Corps has issued the "Draft Environmental Impact Statement on improving the Regulatory Process in Southwest Florida" ("Draft EIS") in July, 1999; and WHEREAS, testimony at public hearings held to provide for public comment on the Draft EIS indicates the following: 1. The Corps did not have a complete understanding of the extent and quality of Collier County's existing database for surface water quality within the County nor did it use the database in reaching its determinations regarding water quality within Collier County, relying instead on stale or insufficient data; and 2. The Draft EIS appears to adopt a preferred land use cover alternative map in Appendix H for the application of permit review criteria and any land use proposed that does not meet the requirements set forth in that map will be presumed not to meet the Corps permitting criteria even though the Draft EIS does not purport to adopt a preferred land use alternative; and 3. The Draft EIS does not include any analysis of the impacts of the Draft EIS on the adopted Future Land Use Map of the Collier County Comprehensive Plan even though the Draft EIS provides for preferred alternative land uses in its land use alternatives maps and the permit review criteria map in Exhibit H; and 4. The Draft EIS does not include any valid or scientifically supported analysis of the economic impacts of the Draft EIS if implemented, and the economic sustainability factor included in 'the Alternatives Development Group report likewise does not meet the requirements for such an analysis under any reasonable standard; and WHEREAS, additional comments and discussion with Corps staff is necessary to address these shortcomings in the Draft EIS prior to the Corps preparing a Final EIS; AOF. ND^ ,rr M NO. _ tO, · OCI 2 f5 199 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 1. The Board requests that the United States Army Corps of Engineers, Jacksonville District, extend the public comment period for the Draf~ Environmental Impact Statement on Improving the Regulatory Process in Southwest Florida, issued in July 1999, for an additional six months to May 2, 2000. 2. This Resolution shall be effective upon adoption. DULY CONSIDERED AND ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,1999. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency David C. Weigel County Atlorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN EXECUTIVE SUMMARY PUBLIC HEARING FOR THE 1999 GROWTH MANAGEMENT PLAN AMENDMENTS OBJECTIVE: For the Board of County Commissioners to review the 1999 Amendments to the Collier County Growth Management Plan and consider approving said Amendments for transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for the adopted County Growth Management Plan. Resolution 97-431 provides for a public petition process to amend the Plan. · The CCPC held their transmittal hearings on September 16 and October 7, 1999. · This transmittal hearing considers amendments to the following Elements of the Plan: <) Transportation Element (> Capital Improvement Element Future Land Use Element Golden Gate Area Master Plan FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Approval of these Amendments by the Board of County Commissioners for transmittal to the Department of Community Affairs will commence the Department's ninety (90) day review process and ultimately return these Amendments to the Planning Commission and the Board of County Commissioners for a final adoption hearing. CCPC RECOMMENDATION: The Collier County Planning Commission held their required public hearing on September 16 and October 7, 1999. Their recommendations are as follows: PETITION CP-99-01, James O'Gara, requesting to amend the Golden Gate Area Master Plan, Golden Gate Professional Office Commercial Subdistrict by adding retail uses, increasing building height to 35 feet and providing vehicular access from a residential street. Recommended transmitting to DCA as submitted by the petitioner. However, subsequent to the CCPC meeting, the petitioner met with the Golden Gate Civic Association. Based upon the Association's recommendations, the petitioner has made the following changes to the originally submitted text, as noted by strike-through and underline: 5) Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small-scale retail as identified under item 5.A. below. The Professional Office Commercial District has two purposes: · to serve as a bona-fide entry way into Golden Gate City; · to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. AGENDA ITF..~ O£',r 2 6 ,. oo For projects contained wholly within the original Professional Office District with a minimum depth of 150' as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small-scale retail uses are permitted: I. Apparel and accessory stores. Auto and home supply stores (Automobile accessory dealers-retail, Automobile parts dealers-retail, and Speed shops-retail only.) 2. Eating places ~except carry-out only establishments, drive-through only establishments, commissary restaurants, concession stands, contract feeding, food service-institutional, hamburger stands, hot-dog stands, Ice cream stands, Industrial feeding, refreshment stands, snack shops, soft drink stands and tea rooms.) 3. Food stores (except Convenience Food stores-retail, grocery stores and supermarkets.) 4. General merchandise stores. 5. Home Furniture, furnishing and equipment stores. 6. Libraries. 7. Miscellaneous repair services (no TV or VCR repair, Computer repair only in conjunction with sales.) 8. Miscellaneous retail. 9. Paint, glass and wallpaper stores. I0. Personal Services (except coin operated laundries, beauty shops and barbershops.) 11. Videotape rental (maximum of 3,000-sq. ft. GFA.) 12. United States Postal Service. Properties that qualify under item 5.A. above will be subject to the following: All uses listed will be in accordance with the Standard Industrial Classification Cod~s within the C-2 zoning district as identified in the Collier Land Development Code with the exceptions noted above. Item 8b will be consistent with the LDC uses listed in the C- 3 zoning district with the exceptions noted above. Fast Food restaurants shall shield drive through facilities from view to the greatest extent practical. Vehicular access through adjacent properties to 53rd Street SW may be allowed r-~zq~upon completion of appropriate cross access easements. Any property line of the subject parcel that is immediately adjacent to single family residential must provide a minimum Type "C" buffer as indicated in the Collier County Land Development Code. Buildings utilizing second story office over retail may request up to 35' in height, subject to architectural design elements incorporated through the rezone process. Buildings will be limited to two stories with no parking under the buildings. OCT 2 6 1999 All buildings shall provide a common theme incorporating architecture and project signage. PETITION CP-99-02, John D. Jassy requesting to amend the Golden Gate Area Master Plan by re-naming the "CR- 951 Commercial In-fill Designation" to "Golden Gate Commercial In-fill Designation", changing the subject site from Residential Estates Subdistrict to Golden Gate Commercial In-fill Designation and modifying this Commercial In-fill provision so as to allow certain commercial uses on the subject site and conditional uses on the western portion of the site, and by providing development standards specific to this site. Recommended transmitting to DCA as submitted by the petitioner. PETITION CP-99-03, Centrefund Development Corporation requesting to amend the Golden Gate Area Master Plan by changing the Future Neighborhood Center Designation to provide a Neighborhood Center at the Golden Gate and Wilson Boulevard intersection, and including additional acreage in the southeast quadrant of the same intersection, and by allowing 5.00 acres of commercial or conditional use development within this southeast quadrant. Recommended transmitting to DCA as submitted by the petitioner. PETITION CP-99-04, John A. Pulling, Jr. and Lucy G. Finch, requesting to amend the Future Land Use Element, by adding a new Subdistrict to be known as the "Orange Blossom Mixed-Use Subdistrict" for specified lands located at the intersection of Airport-Pulling Road and Orange Blossom Drive. Recommended transmitting to DCA as submitted by the petitioner, with the following changes as noted by strike-through and underline: Orange Blossom Mixed-Use Sub-District The intent of this district is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this sub- district will promote small scale mixed-use with a pedestrian orientation to serve the homes both existing and future in the immediate area. This District is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small-scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-1, C-2 and C-3 zoning districts. The development of this sub-district will be governed by the following criteria: a. Rezoning m'.'.zt is encouraged to be in the form of a PUD with a unified development plan with common architectural theme, shared parking, and cross access agreements. b. Retail uses will be capped at a maximum of 5,000-sq. ft. per acre. c. Office uses will be capped at a maximum of 7,000-sq. ft. per acre. d. Residential development will be subject to the density rating system. e. Maximum lot coverage for buildings is capped at 17.5%. f. No more than 25% of the total built square footage will be devoted to single story buildings. g. Principal entrances to all buildings shall be interior to the site and not front on an external street. h. All four sides of each building must be finished in a common architectural theme. 3__. Buff:ring and Lands:aping A~NDA ITEM OCT 2 6 1999 4__. Parking Lot de:ign Etandar~s No building height shall exceed three stories or 35 feet. A residential component equal to at least 25% of the allowable units under the density rating system must be constructed before the sub-district completes an aggregate total of 40,000 square feet of retail or office uses. Residential units must be located both on the North and South side of Orange Blossom Drive. Integration of residential and office or retail uses in the same building is encouraged. Pedestrian connections are ~ encouraged to all perimeter properties where feasible and desired by adjoining property owners. No gasoline stations or drive-thru establishments will be permitted. Fifl~/percent of the approved residential units must be integrated into a building w/th a mix of office or retail uses. All buildings will be interconnected with pedestrian features. Twenty-foot wide landscape Type D buffer along Orange. Blossom and Airport- Pulling Road. and a 20-foot wide Type C buffer along the interior property lines will be required. Buildings that face Airport-Pulling Road or Orange Blossom Drive will have an entrance and pedestrian connection to the street. Parking shall be interior to the site. The Office and In-fill Commercial Subdistrict provision would not be applicable to any properties adjacent to this Subdistrict. PETITION CP-99-05, Board of County Commissioners requesting to amend the Density Rating System to reduce density in the Coastal Urban Area. Recommended not to transmit to DCA. 6. PETITION CP-99-06, Amend and update the CAPITAL IMPROVEMENTS ELEMENT. Recommended transmitting to DCA as recommended by staff. 7. PETITION CP-99-07, Amend and update the TRANSPORTATION ELEMENT. Recommended transmitting to DCA as recommended by staff. PETITION CP-99-08, Bonita Bay Properties requesting to amend the Future Land Use Element by adding 146 acres of land to Activity Center #9 located at the Northwest comer of CR 951 and 1-75. The map and text amendments proposed represent and are consistent with previously approved EAR based amendments. Recommended transmitting to DCA as recommended by staff. RECOMMENDATION: That the Board of County Commissioners review the Growth Management Plan Amendments, adopt the Ordinance Updating the Capital Improvement Element, and consider adopting a Resolution approving these amendments for transmittal to the Department of Community Affairs. I~TICHELE MOSCA, pLANNER II ' AGENDA ITFJ~ / \ · OCT 2 6 1999 REVIEWED BY: ~/~ ~ DATE: ~ARBARA CXCCHIONE, AICP COMPREHENSIVE PLANNING MANAGER REVIEWED BY: DATE: R PLANNING SERVICES DIRECTOR APPROVED BY: ~ ,~~ O' ~-~ DATE: VINCENT A. CAUTERO, AICP ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ~C~NDA r, ~ . ' OCT 2 6 1999 NOTE: The back-up material for this Executive Summary is abbreviated. The complete back-up material for these Growth Management Plan amendments is available for review, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., in the Comprehensive Planning Section, located in the Development Services Center at 2800 North Horseshoe Drive (phone: 403-2300). On October 26, the day of the Board of County Commissioners' public hearing on these amendments, the complete back-up material will be available for review in the hallway outside the BCC Meeting Room, 3rd Floor, Administration Building, at the Collier County Government Center, 3301 East Tamiami Trail. AGENDA ITEM 7-A MEMORANI) LWI TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: August 23, 1999 RE: PETITION NO. CP-99-1: GROWTH MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT: Applicant: James O'Gara Marquette Development Company 3200 Bailey Lane, Suite 122 Naples, FL 34105 Agent: R. Bruce Anderson Young, Van Assenderp, Varnadoe & Anderson 801 Laurel Oak, Suite 300 Naples, FL 34108 Owner: Avatar Properties 201 Alahambra Circle 12m Floor Coral Gables, FL 33134 GEOGRAPHIC LOCATION This is a text amendment to the Golden Gate Professional Office Commercial District. The District is located in Golden Gate Estates abutting Golden Gate Parkway east of Santa Barbara Boulevard and east and west o£ the Santa Barbara Canal. See attached map (Exhibit A) REQUESTED ACTION This petition seeks to: 1) Amend the text of the Golden Gate Area Master Plan of the Collier County Growth Management Plan to allow for retail uses in the Golden Gate Parkway Professional Office Commercial District. The proposed text change is to Section B.2. on pages 14, 16 and 17. The underlined text indicates the text to be added and the :trLke~rzugk tcr. t indicates the text that will be deleted once the Golden Gate Area Master Plan is readopted and found in compliance. The text changes proposed by the applicant are shown with text highlighted and underlined. i~m A.8. ~low. ~c ~cf~sizn~20fficc Co~crzi~ ~:"*-:~* ~ e::z pro. cae: ....... :c ~c -~ ~ ......... ;**~ '*';*~:- ~;~ district ~-c gcncr~ly low ~te~i~', ~c~ or ~~m~ Petitioner's proposed changes: 1997 Golden Gate Area Master Plan I~guag~ words n~d~ln~ ~nd ~h~d~ are added word~ underlin~ are to b~.added ~ words m:2 ~=~ =e :~=ezd are deletions words :ir=ok tXreag~ are to be deleted AGENDA ITEM 7-A diatrlc: .".re a~ fc, llc,-::~: A, Permitted principal '.'.scs and zr',:cmres: 5. Finmucial !natimtlcna 6. Sit dawn rcamur=:ta; 8. For projects contained wholly within the original Pwfessional Office District with a minimum depth of 150 feet as measured from the prolm'tv line aditment and parallel with Golden Gate Parkway, the following land us~ in ~ldition to those indicated under A. above are permitted principal uses and struclures: do eo fo L no Apparel and accessory stores Auto and home ,supply stores (except Tire Dealers automotive - retail.) Eating places (except drive-through only establishmentst commissary restaurants, concession stands, contn~t f~lin~.:~ servic~institutional, hambm'ger stands, hot-dog standS, Ice ~eam~, Ind~ feeding, refreshment stands, snack shops, soft ~ stand~ lea rooms.) Food stores (except grocery stores and SUl~rmarket~.) General merchandise stores Home furniture, furnishing, and equipment stores Libraries Miscellaneous repair services Mis~ll~ rutail Paint, mass, and wall paper stores Personal services (except coin operated laundries.) Videotape runtal United States Postal Service Any other professional or commercial us~ which is comparable in nature with the foregoing uses and which the Coumumily. ' development Admini.~rator or his designee determines to b~ compatible in this district. Properties that qualify under item A.8 will be subject to the following: 8.b. All uses listed will be in accordance with the Standard industrial Classification Codes within the C-2 zoning district as identified in the Collier Land Developmem Code with the exception of Petitioner's proposed changes: words underi$ned and shaded are added words~__ _;::' ~._.-:-_-_,," ___--~ ._=_:_ are deletions which is contained within the C-3 zomg district. Vehicular access to 53~ Street SW may by allowed at time of rezone. 1997 Golden Gate Area Master Plan la4uage:':~ words underlined are to be added words :tv'.::k'".-rC=-.~,' are to be deleted ;~ 0C:'f 2 6 1999 AGENDA ITEM 7-A Any property line of the subiect parcel that is immediately adiacent to single family residential must provide a minimum Type "C" aa indicated in the Collier County Land Development Code. Buildings utilizing second storg office retail may request up to 35' in height, subiect to architectural design elements incorporated through the rezone process. Buildings will be limited to two storie~ with no parking under the buildings. All buildings shall provide a common theme incorporating architecture and pro}ect si~mage. U T PrO~ ................ ~ ................. ,, ....... pc:nfs .................... r ....................... ~ ~, con,ct .... of S~nta garbara Bail~inga ...... ~ ~' = .......... rear ....... a mix,mom of 25 Petitioner's proposed changes: words underlined and shaded are added words ---;r-;:::~ ~._r:::-_,,~- ::~_ :_:_:_ ~' a .~ are deletions 1997 Golden Gate Area Ma~ter Plan lanluage: words underlin~ are to be added words ~r=:k :~r==g~ are to be deleted AGENDA ITEM 7-A Due m reformatting, the language for the proposed text amendment should appear as highlighted belowt Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map-2 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small-scale retail as identified under item 5.A. below. The Professional Office Commercial District has two purposes: · to serve as a bona-fide entry way into Golden Gate City; · to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. For proiects comained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property l[ine adiacem and parallel with Golden Gate Parkway, the following land uses in addition to those indicated under A. above are permitted principal uses and structures: 1. Apparel and accessory stores 2. Auto and home supply stores (except Tire Dealers automotive - retail.) 3. Eating places (except drive-through only establishments, commissary restaurants, concession stands, contract feedin~t, food service-institutional, hamburger stands, hot-dog stands, Ice cream stands, Industrial feeding, refrestunent stands, snack shops, soft drink ~ and tea rooms.) 4. Food stores(except grocery stores and supermarkets.) 5, General ~andise stores 6. Home furniture, furnishing, and equipment swres 7. L~raries 8. Miscellaneous repair services 9. Miscellaneous retail lO. Paint, glass, and wall paper stores 1 I. Personal services (except coin operated laundries.) 12. Videotape rental 13. United States Postal Service 14. Any other, professional or commercial use which/a comparable in nature with the foregoing uses and which the Conunnnity development Administrator or his designee determines to be compatible in ~is district. B. Properties that qualify under item A. will be subiect to the following: Petitioner's proposed changes: 1997 Golden Gate Area Master Plan langm words underlined and sh~tded are added words underlined are to be added words "--.--':l: °"r ~:- ---~ :"=":d are deletions words ~t.-.::.':+~'.-reu".,,~' are to be deleted 1999 AGENDA ITEM 7-A All uses listed will be in accordance with the Standard Industrial ClagSification Codes within the C-2 zoning district as identified in the Collier Land Development Code with the exception of 8.1:. whicl~ is contained within the C-3 zoning district. Vehicular access to 53~ Street SW may by allowed at time of rezone, Any propert~ line of the sub}ect parcel that is immediately adiacent to single family residential must provide a minimum Type "C" as indicated in the Collier County Land Development Code. Buildings utilizing second story office retail may r qu t m~ to 35' in height, subject to architectural design elements incorporated through the rezone process. Buildings will be limited to two stories with no parking under the buildings. All buildings shall provide a common theme incorporating architecture and proiect signage. PURPOSE/DESCRIPTION OF PROJECT The petitioner proposes changes to the text of the Golden Gate Parkway Professional Office Commercial Subdistrict so as to allow retail development on approximately 7 acres of the 20.84 acre of this Subdistrict. The petitioner is also proposing that vehicular access be allowed from a residential street, a building height of 35' be permitted and additional landscape criteria be required. See Exhibit B indicating zoning and affected area by this text amendment. Presently, the Golden Gate Parkway Professional Office Commercial Subdistrict provides Golden Gate City with a professional office district that insures a common architectural style and limits permitted uses to office and institutional development only. The intent of the Subdistrict is to provide a low intensity transition from the surrounding residential neighborhoods while providing a bonafide entry-way into Golden Gate City and a community focal point and sense of place for its citizens. Currently, the Subdistrict limits access exclusively from Golden Gate Parkway so as to minimize impact on residential neighborhoods. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION Existing Conditions: The Golden Gate Parkway Professional Office Commercial Subdistrict is 20.84 acres and is contained within the Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO). As its purpose is to provide a focal point and bonafide entry into Golden Gate City, the GGPPOCO has additional development criteria to include common architectural style, limited vehicular access exclusively via Golden Gate Parkway, maximum building height of 25 feet and sidewalks. The following uses are permitted within the Overlay District: a. Accounting, auditing and bookkeeping services b. Business services c. Depository institutions d. Eating places, sit-down restaurants only e. Engineering, architectural, and surveying services f. Health services g. Holding services and other investment Petitioner's proposed changes: words underlined al~d shaded are added words ~.'-'_:I: .'~re'-:'g~ .__-__a :ha_a:.. are deletions services h. Insurance carrier, agents, brokers i. Legal services j. Management, public relations services k. Membership organizations 1. Museums and art galleries m. Nondepository credit institutions n. Personal services, tax preparation and photography studios only 1997 Golden Gate Area Master Plan lan words underlined are to be added words :t:-'.::.k :~re'.:'g~ are to be deleted AGENDA ITEM 7-A o. Public administration p. Real estate q. Research, development and testing services r. Security and commodity brokers, dealers, exchanges, and services s. Transportation services t. Veterinary services u. Any other commercial use or professional service which is comparable in nature with forgoing uses All of the above office and institutional uses are permitted within the zoning districts identified below. Current uses of the parcels are as tbllows: GGPPOCO Current Use Founders Plaza PUD 7 lots developed as Church and parking lot, I lot developed as multi- family dwelling unit. Remaining 18 lots vacant. Parkway Promenade PUD Vacant. Jacaranda Center PUD 1 of 4 lots developed with multi-family dwelling unit. Remaining 3 lots are vacant. Parkway Center PUD 2 of 6 lots developed with multi-family dwelling unit. Remaining 4 lots are vacant, Parkway Place PUD 1 of 5 lots developed with multi-family dwelling unit. Remaining 4 lots are vacant. RMF-12 i of 6 lots developed with multi-family dwelling unit. Remaining 5 lots are vacant. The proposed text change to the Golden Gate Parkway Professional Office Commercial Subdistrict will apply to only those parcels within the subdistrict that when aggregated have a 150' depth. The parcels affected by this proposed text amendment are contained entirely within the Founders Plaza PUD. The Founders Plaza PUD permits offices and institutional uses only. Surrounding Land Uses of the Affected Parcels: Northwest: Single family homes zoned RSF-3 and RMF-6: Designated Urban-Mixed Use/Urban Residential Subdistrict Southwest: Single family homes zoned RMF-6; Designated Urban-Mixed Use/Urban Residential Subdistrict Southeast: Undeveloped Parkway Promenade PUD and portion of Founders Plaza PUD which allow office and institutional uses only; Designated Golden Gate Professional Office District Single family homes zoned RMF-6; Designated Urban-Mixed Use/Urban Residential Subdistrict Vacant RMF-12 zoned along Golden Gate Parkway; Designated Golden Gate Professional Office District Northeast: St. Elizabeth Seton Roman Catholic Church: Designated Golden Gate Professional Office District Petitioner's proposed changes: words underlined and shaded are added words -*-~'- *~' ..... ,- ~.a .u.aAa are deletions 1997 Golden Gate Area Master Plan lantuage.;~ --M~t~.~ words underlined are to be added words :tr'.:'zk t-kr:gg,k. are to be deleted LJC, 2 6 19009 AGENDA ITEM 7-A STAFF ANALYSIS Environmental Impacts: The Natural Resources Department has reviewed the proposed plan and finds no consistency issues regarding the proposed amendment to the Future Land Use Element. Traffic Capacity/Traffic Circulation Analysis: Staff has reviewed the applicant's request and has made the following determination: The application does not indicate a maximum square tbotage that can be developed. However, the proposed land use change could reflect an increase in intensity on seven (7) acres of land. The existing district permits C-1 and some C-2 office uses. The proposed amendment will permit additional C-2 and C-3 retail uses. The difference between the currently permitted uses versus the possible small scale retail uses as noted in Exhibit 2 of the application will not exceed the significance test (5 percent of the LOS "C" design volume of Golden Gate Parkway. Therefore, this amendment is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of Golden Gate Parkway as a four lane road. The current traffic count tbr this segment is 15,172 ADT which results in LOS "C" operation. It should be noted that this segment is not projected to be deficient within the next five years. As a result, the proposed text amendment is deemed consistent with Policies 1.3 and 1.4 of the TCE. Commercial Demand Analysis/Appropriateness of Change: The petitioner is proposing additional uses that would allow up to C-3 retail uses in the Professional Office Commercial Subdistrict. The petitioner is justifying the proposed change based on the need for new chain store commercial development such as a MacDonald's, Walgreens, 7-Eleven or Blockbuster Video, along the Golden Gate Parkway. The petitioner argues that the addition of retail uses would promote development of the Subdistrict, add variety and provide cost savings associated with chains. Additionally, the petitioner proposes that the depth of the parcels are conducive to larger chain retail uses and would provide an alternative to strip commercial and to "mom and pop" retailers. The petitioner, however, has not shown justification for additional retail uses in the Golden Gate area. Below is the total office and retail zoning within Golden Gate Study Area 1 (See Exhibit C). Golden Gate Study Area 1 Total Developed Undeveloped Developed Zoning Acres Acres Acres Square Feet office (C-I, PUD) 38.38 11.20 27.18 15,494 retail (C-2 to C-5, 165.61 80.62 84.99 643,767 PUD) Additional Acres Designated Commercial but not yet Zoned Commercial in Study Area I Acres Santa Barbara Commercial Subdistrict 11 Interchange Activity Center 12.34 Neighborhood Center 1.14 GGPPOC 3.5 Neighborhood Centers approved in 1997 But Not Yet in Effect 15.22 Total Petitioner's prol~osed changes: 1997 Golden Gate Area Master Plat langU~O~, words underlined and shaded are added words underlined are to be-added words ~.---:.:~ ~'._.-:::~_~,~' -...~-~- ~..Ita--.:.~ are deletions words ::r'.:':k :~rc'-'-g~ are to be dele ed 2 6 1S99 AGENDA ITEM 7-A There are currently 165.61 acres of lana currently zoned for retail commercial uses. An additional 43.20 acres are designated for Commercial and are eligible/'or commercial zoning. According to Appendix 2: Analysis of the Golden Gate Area Commercial Land Use Needs, Golden Gate Area Master Plan the retail commercial need (C-2 to C-5) in Study Area 1 in the year 2000 is 145 acres. FINDINGS AND CONCLUSIONS: The parcels affected by the proposed amendment comprise three areas when aggregated, and are 150' deep. Each of the three areas are similarly configured. Each are approximately 2.3 acres in size and front Golden Gate Parkway on one side, the Santa Barbara Canal on the other, and are adjacent to single family homes on two sides as depicted on the attached map (Exhibit B). At this time, there is no need for additional retail commercial zoning within Study Area I of the Golden Gate Area Master Plan. The land requirement for retail commercial zoning in the year 2000 is 145 acres. Currently there is a total of 165.61 acres with retail zoning designations (C-2 to C-5) and an additional 43.20 acres of potential commercial zoning within the Study Area. The intent of the Golden Gate Parkway Professional Office Commercial Subdistrict is to provide Iow intensity transitional uses that are more compatible with the single farnily homes immediately adjacent to the Subdistrict. As proposed, the text amendment would allow C-3 Community Commercial uses such as fast tbod restaurants, and convenience and drug stores that could potentially be open 24 hours. This type of activity, along with the petitioner's request to allow vehicular access from the project through adjacent single family neighborhoods would encourage higher intensity uses and subsequent impacts that are not consistent with the District's current intent. Below is a table summarizing the changes to current policy: Current Policy C-1 uses allowing offices and institutional uses only Access limited exclusively via Golden Gate Parkway . Building Height 25 feet Petitioner's Proposed Change C-2 and C-3 uses would be permitted to include fast food restaurants, auto parts stores, convenience marts and drug stores Vehicular access from a residential street )ermitted Building Height is increased to 35 feet The Golden Gate Area Master Plan was developed through a major community wide planning effort which began in 1988. The Evaluation and Appraisal Report completed in 1997 remains consistent with the community's intent for this Subdistrict. As a result, the low intensity, Professional Office Commercial Subdistrict was established and remains a community focal point and bonafide entry- way to Golden Gate City. Community-wide support for this designation is documented in Appendix III, Golden Gate Area Master Plan Questionnaire Results. The proposed changes to the Golden Gate Parkway Professional Office Commercial Subistrict would not be compatible and complimentary to existing and future surrounding land uses. STAFF RECOMMENDATION That the CCPC forward Petition CP 99-1 to the BCC with a recommendation of DENIAL. If the CCPC's recommendation is approval, please see Exhibit D for staff's recommended changes to the proposer's petition. Petitioner's proposed changes: words underlined and shaded are added words ..~:'.._:~: ._.?:-_ "" "" are '" ,," ------ :.~=-~. deletions 1997 Golden Gate Area Master Plan la: words underlined are to be added words ::r'.:.-'~ t~"re'.:g.", are to be deleted ',uagqo.~ Amy Tay~.J, A.CP ~/ ! Senior Plainer ~' Barbara A. Cacchione, AICP Chief of Comprehensive Planning REVIEWED BY: /"~,~ l~bberf Mulhere, AICP Pl~Services D. jx~tor V'mcen[ A. Cautero, AICP Community Development & Environmental ServicesAdministrator DATE: PETITION NO.: CP-98-1 Staff Report for Septemberl6, 1999 CCPC Meeting. NOTE: This petition has been advertised for the October 26, 1999, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: OCT 2 MAP 2 Exhibit A GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND NAPL]~ ]MMOKALEE ROAD GOLDEN OATE GOLDEN GATE AREA FUTURE LAND USE MAP NAPLES ]MMOKAL.F,E ROAD OIL WELL ROAD z RANDALL BOULEVARD G4:NJNEN ~&TE PARKWAY DAVIS BLVD. EXT, SR.-84 R26E It 27 E Exhibit B CP-1 TEXT AMENDMENT TO GOLDEN GATE PROFESSIONAL OFFICE COMMERCIAL DISTRICT Co~lier County, Florido PLAZA 'MNN DIXIE @ SANTA BAI~ARA SCJUA~E RSF-3 AVENUE S.W. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECT]ON ' COMMUNITY DEVELOPMENT AND ENWRONMENTAL SER~4CES DIVISION FILE: GGMP-23D.DWG DATE: 8/99 Map 1 Exhibit C GOLDEN GATE AREA MASTER STUDY AREAS COLL',ER COUNT',/, FLORIDA L~<£ PLAN HF..NOR Y CO. COUJ~R CO. C.R. 2 3 S,R. 84 N AGF_J,,~DA AGENDA ITEM 7-A Exhibit D Petition No. CP 99-1: Text Amendment to the Golden Gate Area Master Plan Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map g 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated mil-scale retail as identified under item 5.A. below. The Professional Office Commercial District has two purposes: to serve as a bona-fide entry way into Golden Gate City; to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. For proiects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property line adiacent and parallel with Golden Gate Parkway, the following land uses in addition to those indicated under A. above are permitted principal uses and structures: 1. Apparel and accessory stores 2. Auto and home supply stores (except Tire dealers automotive - retail.) 3. Eating places (except drive-through only establishments, co .... -,issarg restaurants, concession stands, contact feeding, food service-institutional, hamburger stands, hot- dog stands, ice cream stands, and tea rooms.) 4. Food stores (except grocery stores and supermarkets.) 5. General merchandise stores 6. Home furniture, furnishing, and equipment stores 7. L~mries 8. Miscellaneous repair services 9. Miscellaneous retail 10. Paint, glass, and wall paper stores 11. Personal services {except coin operated laundries.) 12. Videotape rental 13. United States Postal Service 14. Any other professional or commercial use which is comparable in nature with the foregoing uses and which the Community development Administrator or his designee determines to be compatible in this district. B. Properties that qualify under item A. will be subiect to the following: All uses listed will be m accordance with the Standard Induswial Classification Codes within the C-2 zoning district as identified in the Collier Land Development Code with the exception of 8.b. which is contained within the C-3/onin~ di~tricL Any property line of the subject parcel that is immediately adiacent to single family residential must provide a minimum Type "C" as indicated in the Collier County Land Development Code. Highliv. hted and Underlined = Proposed Changes -~t~--~---m~s'~:-~"-'~ ~---n ~,.-.~.~_~_ ,~.~v_t~.~. = Propose~l changes to be deleted Underlined = 1997 Golden Gate Area Master Plan language added £~5ketF:oxgh = 1997 Golden Gate Area Master Plan language deleted AGENDA ITEM 7-A All buildings shall provide a common theme incorporating architecture and project signage. I-Iiu_hliuhteat and Underlined = Proposed Changes --a,'--~m-u~a~~"-a ...... --a S-~-':k *~.~::geU. = Proposed changes to be deleted Underlined = 1997 Golden Gate Area Master Plan language added ~ = 1997 Golden Gate Area Master Plan language deleted AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: AUGUST 26, 1999 PETITION NO. CP-99-2, GROWTH MANAGEMENT PLAN AMENDMENT FOR GOLDEN GATE COMMERCIAL INFILL (TRANSMITTAL HEARING) AGENT/APPLICANT: Agent: William L. Hoover, AICP - AND - Hoover Planning 3785 Airport Road North, Suite B Naples, FL 34105 Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Petitioner: (Contract Purchaser) John D. Jassy 895 Turtle Court Naples, FL 34108 Owner: Harrison Leasing Company 40580 Cadiz Piedmont Rd. Cadiz, OH 43907 GEOGRAPHIC LOCATION: The subject property, containing approximately 6.83 acres, is located in Golden Gate Estates at the northwest comer of the Santa Barbara Blvd./Golden Gate Parkway intersection. It lies within the Golden Gate Planning Community. (Please see "Vicinity Map" - page 1.1) REQUESTED ACTION: This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map by: 1) renaming the "CR-951 Commercial In-fill Designation" to "Golden Gate Commercial In-fill Designation"; 2) changing the subject site from Residential Estates Subdistrict to Golden Gate Commercial In-fill Designation; and, 3) modifying this Commercial In-fill provision so as to allow certain commercial uses on the subject site and conditional uses on the western portion of the site, and to provide development standards specific to this site. The proposed map amendments are to "Map 4, C.R. 951 Commercial Infill Designation" Future Land Use Map. The proposed text amendments are to Policy 1.1.1 and the "CR-95 Commercial In-fill Designation" [Subdistrict], as follows: 1 £XHIBI T 1 VICINITY MAP 0 t Pine Ridge Green Blvd. Radio Rd. .5 1 Mile Rd. Exit OC'~' 2 6 "Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict ,~ ~_,.,~,~.... ,-,_..,,. ,-,...t.. ..... Prcfcsclcncl ~,u,.... r', ...... ;-.~ b. Hiqh Density Residential Subdistrict URBAN - COMMERCIAL DISTRICTS ac Activity Center .Subdistrict Golden Gate GR-984. Commercial In-fill Dcslgnctlcn Subdistrict Commercial Under Criteria Interstate Activity Center Subdistrict Santa Barbara Commercial Subdistdct Golden Gate Parkway Professional Office Commercial Subdistrict "2) Golden Gate CR-96-1- Commercial In-fill Dc=".~''''*='''' Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill r,....;......+...~ ..... Subdistrict (see Map 4) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: llm!tcd , , .-, ~;r,c'u'4~", .... ..,.,......;~., + .... p,~mm.-..al.-',l , ,e,,'~e. ,-,k,'-*ll k,,~ ~'"'~ MOOS .............. j ......... ,u,,-,, k ..... ki,-,k,-,. ,~ ...... ~ ,-,, ,,,-,,.,.,k;,,-. ,,-.-,m.. ThOSe ...... k.-,, k,-, .,;,~a~. +,-, C ~, C _-"~, or t-,~ ~'~ --'cr, h",,~' ......................... ,4 ;,.+,.;,.,+ .... ,~:,~,-.,4 ;,., +k,.,, ,~ ,,-,,.,,,;,.,.~,,,~,~ -~r'cL:,'?, ~._ ,,-, ,,, ,4, . ~ .... i ..... ~' ......... , t-,,.,,~,-.,.,.... · Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shoppinq and personal needs, · Intermediate commercial to provide for a wider variety of qoods and services in areas that have a hiqher degree of automobile traffic. These uses shall be ' similar to C-1, C-2, or C-3 zoninq districts outlined in the Collier County Land Development Code {Ordinance @1-102, adopted October 30, 10@1 ). l~.b__l Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area,Master Plan); G-~c_). Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; [words underlined are added, words :tr.;'ck thrcugh are deleted, as amended in lg97; ~h 'iitie~~ words shaded and underlined are added, words shaded and c'.-.:'~~. ~.'cuGh are deleted, as proposed by is P~ Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; E-~e_.l Access to projects shall not be permitted from CR-951. Any project located within the in-fill area at .the northwest comer of Golden Gate Parkway and Santa Barbara Boulevard shall transition down on-site from Commercial uses adjacent to Santa Barbara Boulevard to Estates District Conditional Uses on the western portion of the in-fill area. More specifically, after subtractin.q the portion of the subiect land that has an easement for Santa Barbara Boulevard on it the land shall have the following .development restrictions: The western 25% of the site shall be limited to eight thousand (8,000) square feet of building area and limited to land uses listed under the Estates District Conditional Uses of the Land Develooment Code. The eastem 75% of the site shall be limited to twenty-eight thousand (28,000) square feet of building area and limited to land uses listed as Permitted Uses within the Commercial Professional District (C-1) and Commercial Professional Transitional District (C-l/T) except banks and druq stores shall also be permitted on the eastern 60% of the site. 3_. Limit building heights to one (1)-story and thirty-five (35) feet. All buildings shall have tile or metal roofs and shall be finished in light subdued colors except for decorative trim. Provide a minimum setback of fifty-five (55) feet from abutting residential boundaries for pdn(;:ipal structures located in the western 25% of the site and seventy-five (75.) feet for principal structures located in the eastern 75% of the site. All liqhtinq shall be architecturally-designed, limited to a heiqht of twenty-five (25) .. feet, and shielded neighboring residential land uses. Any project located within the in-fill area at the northwest corner of Santa Barbara Boulevard and Goldep Gate Parkway shall provide a minimum buffer of thirty-five (35) feet in width where the oroiect is adiacent to single-family home sites. This buffer shall be increased to fifty (50) feet in width where this buffer is located within fifty (50) feet of any portion of a single-family structure. All of these buffers provided adjacent to sin01e-familv home sites shall be supplemented with Oak, Mahoqan¥, or Ficus trees Dlanted a maximum of twenty (20) feet apart in a staggered manner, and a hed._qe, that will qrow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) percent opaque within two (2) years of planfinR." [words underlined are added, words =t.'-;c.9 '.h~:;Gh are deleted, as amended in 1997; words shaded and underlined are added, words shaded and c5~c.". 5h.'c"Gh are deleted, as proposed by this Petition] P ,URPOSE/DESCRIPTION OF PROJECT: To allow for commercial development of the site, and conditional use on thc western side. SURROUNDING LAND USE~ ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The site is undeveloped; zoned E, Estates, with CMO, Corridor Management Overlay; and designated Estates on the GGAMP Future Land Use Map. Surrounding Lands: North - Single family dwellings and undeveloped land; zoned E, Estates; and designated Estates on the GGAMP Future Land Use Map. East - Across Santa Barbara Blvd., a shopping center and funeral home, zoned C-4, General Commercial, and designated Urban (Golden Gate Parkway Professional Office Commercial District). South - Across Golden Gate Parkway, a church and parochial school; zoned E, Estates, with CMO, Corridor Management Overlay; and designated Estates on the GGAMP Future Land Use Map.' West - Single family dwellings; zoned E, Estates, with CMO, Corridor Management Overlay; and designated Estates on the GGAMP Future Land Use Map. STAFF ANALYSIS: Environmental Impacts: The subject site is classified as pine flatwoods. Though there is some conflicting information in the petitioner's submittal, it appears the site contains no jurisdictional wetlands. There is no evidence of any listed species (endangered, threatened, etc.) on site. The site is not in close proximity to any wellfields or cones of influence. If developed as proposed (commercial uses), Section 3,9.5.5.4 of the Land Development Code requires retention of a minimum of 15% of the existing native vegetation on site, or mitigate as specified. Potentially, a portion or all of this 15% of the site (34,630 s.f. or +.8 acres) could be retained in the required setback and/or buffer areas. Effect on High Range Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is defined as a potential increase in county-wide population by more than 5% of the BEBR (Bureau of Economic and Business Research) high range projections. Depending upon the type of conditional use approved on the western portion of the site (e.g., group care facility), this petition may result in a small increase, or slight decrease, in the number of dwelling/living units permitted, therefore, a small increase, or slight decrease, in potential population. Regardless, the impact would be minimal. Public Facilities Impacts: All new development permitted in this Subdistrict may be non-residential, depending upon~'~'~'~i.i._ · · a group care facility is approved as a conditional use on the westem portion of the site. Th[re should be no increased impacts upon parks and recreation facilities, and possibly a slight d~creaS~e. Due to an approved expansion of franchise servi 'e area in 1997, this site is within the jurisdiction of the Florida Govemmental Utility Authority (f/k/a Flor/da Cities Water Company) for provision of central water and sanitary sewer service. There should be minimal impacts upon potable water and sanitary sewer facilities. At the time of the service area expansion, Florida Governmental certified that sufficient capacity exists in the current water and wastewater systems to serve the entire expansion area. Stormwater management regulatory requirements would not change from residential to commercial/conditional use development. However, land area devoted to stormwater management would undoubtedly increase as there would be an increase in impervious surface due to larger structures and parking/vehicular use areas for commercial/conditional use development. There should be minimal change in impacts upon public drainage facilities. Given the small size of the subject area, there should be minimal change in impacts upon solid waste facilities. The petitioner's traffic impact analysis indicates project traffic will not affect adopted level of service standards for roads in the project's radius of development influence; staff concurs with this assessment. In summary, there should be no change in LOS standards for any of the following public facilities as a result of development allowed by this petition: parks and recreation, potable water, sanitary sewer, drainage, solid waste, or arterial and collector roads. Transportation/Access Discussion: Staffconcurs with the petitioner that the abutting roads carry high volumes of traffic. This is reflected in the latest traffic counts. 1998 AADT (Average Annual Daily [weekday] Traffic): Road Sediment AADT Golden Gate Parkway between 1-75 and Santa Barbara Blvd. 26,136 Golden Gate Parkway between Santa Barbara Blvd. and CR-951 27,237 Santa Barbara Blvd. between Golden Gate Parkway and Green Blvd. 23,161 Santa Barbara Blvd. between Golden Gate Parkway and 1-75 30,267 As to future improvements, the segment of Santa Barbara Blvd. from Golden Gate Parkway south to Radio Road is scheduled for widening from 4 lanes to 6 lanes within the current (5 year) Capita! Improvement Plan. Also, the 2020 Financially Feasible Plan shows: an interchange at 1-75/Golden Gate Parkway; Golden Gate Parkway 6-1aned from 1-75 west to US-41; and, Santa Barbara Blvd. 6- laned from Golden Gate Parkway south to Davis Blvd. Santa Barbara Blvd.: The southbound right mm lane - which extends beyond the frontage of the subject parcel - on Santa Barbara Blvd. (leading to westbound Golden Gate Parkway) completely fills up during peak hours such that vehicles waiting to turn right are backed up into the right-hand southbound through lane, sometimes to 28th Ave. SW. This could be further complicated by providing ingress to the subject site in this area. Also, the east-west orientation of the subject parcel leaves inadequate frontage for an egress to allow traffic exiting the subject site to merge into the southbound Santa Barbara Blvd. through lanes - and even less room for exiting vehicles to attempt to reach the left-hand turn lane on southbound Santa Barbara Blvd. (leading to east-bound Golden Gate Parkway). Golden Gate Parkway: Westbound vehicles on Golden Gate Parkway slowing down to enter the site could back up into the Golden Gate Parkway/Santa Barbara Blvd. intersection if the ingress is located too ra ffi lose OCT 2 6 1~99 Santa Barbara Blvd. Multiple ingress points could unduly disrupt westbound traffic flow, especially given the traffic volumes on Golden Gate Parkway and the amount of traffic attracted to the proposed/allowed uses on this site. A median opening to allow vehicles exiting the site to make a left turn to head east on Golden Gate Parkway would require those vehicles to cross the westbound lanes of Golden Gate Parkway. Aside from that safety issue alone, those vehicles could potentially conflict with vehicles stacking in the eastbound left turn lanes on Golden Gate Parkway (leading to northbound Santa Barbara Blvd.). A similar concern exists for eastbound traffic on Golden Gate Parkway attempting to make a left turn into the subject site. The above traffic safety issues lead staff to recommend: no ingress or egress be permitted on Santa Barbara Blvd.; the site be limited to one ingress/egress point only (a shared access point for all users) on Golden Gate Parkway; the ingress/egress point be located as far west on the site as possible; and, the ingress/egress be a right-in, right-out only. APPROPRIATENESS OF CHANGE/ISSUES: GGAMP History_: During the process of establishing the Golden Gate Area Master Plan, public concern was expressed about the location of conditional uses and commercial uses in Golden Gate Estates - especially the proliferation of conditional uses along Golden Gate Parkway. This resulted in the creation of Neighborhood Centers to accommodate most commercial development, as well as conditional uses - and with stringent buffering requirements to protect abutting properties; a transitional conditional use provision for sites abutting higher intensity uses, e.g. fire station, commercial uses; and, a conditional use "infill" provision for Golden Gate Parkway and the west side of CR-951. There was no desire to see additional conditional uses located along Golden Gate Parkway but a recognition of the many such uses already approved. This conditional use "infill" provision precludes the location of any additional conditional uses in these areas unless the conditional use site is "sandwiched" between two existing conditional uses. Likewise, expansion of existing conditional uses in these areas is precluded unless the site complies with the infill criteria. The nine acre parcel at the northwest comer of CR-951/Green Blvd. in Golden Gate Estates, now" zoned Sungate Center PUD, was designated CR-951 Commercial Infill because of the intensity of existing and permitted uses on either side - C-5, Heavy Commercial zoning across Green Blvd. to the south in Golden Gate City, and the twelve acre FPL substation across 15~ Avenue SW to the north in Golden Gate Estates. Petition Proposal: Essentially, the petitioner is stating the proposed amendment should be granted because: 1) the traffic volumes on adjacent roads, and the commercial development across Santa Barbara Blvd. in Golden Gate City, make the sight inappropriate for residential development; 2) there is a scarcity of available property suitable for the proposed uses; and, 3) the limited scope of proposed uses, along with the proposed development standards, will result in development compatible with the surrounding area. In support of this petition, a brief commercial inventory and analysis was submitted. It consists of an inventory summary of vacant commercial sites in Golden Gate City and by Planning Community; and, a three page narrative. It asserts: · Few sites are available in Golden Gate City that have the necessary zoning, parcel size an depth, and street location, to accommodate the proposed uses; The majority of Golden Gate Estates residents utilize the retail facilities in Golden Gate City; The demand for drag stores and convenience oriented retail uses is steadily increasing in the Golden Gate Planning District and the surrounding areas; · The creation of an additional commercial infill parcel will satisfy this demand; and, · Considering.the uses on the surrounding comers are commercial and institutional indicates the subject [site] should be developed with a compatible use. Staft Analysis: In 1996, after numerous public meetings of the Growth Management Plan Evaluation and Appraisal Report Citizens Advisory Committee, and its various subcommittees, the Board of County Commissioners adopted the Evaluation and Appraisal Report (EAR). The EAR concluded there was a surplus of retail commercial zoning within Study Area #1 (Golden Gate City and Golden Gate Estates west of CR-951) in 1995 and for the year 2000. Staff's present analysis of Study Area #1, using 1999 population and the same methodology used in the EAR, also concluded there is a surplus of retail commercial zoned lands. Additionally, 43.2 acres of land in Study Area #1 are designated for commercial uses but not yet zoned commercial (14.5 acres in Golden Gate City, and 28.7 acres in Golden Gate Estates). This petition allows C-1 permitted uses plus banks and drug stores. A bank is a conditional use in C-1 zoning district and a permitted principal use in C-2 thru C-5 zoning districts. Professional offices are allowed in C-1 thru C-5 zoning districts. The Golden Gate Parkway Professional Office Commercial District in Golden Gate City alone comprises approximately 21 acres, none of which are developed with commercial uses, and is limited primarily to C-1 uses, including banks. Also, the Santa Barbara Commercial Subdistrict in Golden Gate City comprises 11 acres, none of which are yet zoned commercial, and permits office uses and retail uses. As to the issue of available parcel size, the Golden Gate Parkway Professional Office Commercial District contains approximately seven acres of land with greater depth than the typical 125' depth lots, which could more easily accommodate banks (the site of petition CP-99-1). There is no established need for additional oppommity for office uses. Staff is aware of four existing pharmacies in Golden Gate City, all of which are located in a commercial plaza: Golden Gate Pharmacy at the NW comer of CR-951/Golden Gate Parkway;' Winn Dixie Pharmacy on the north side of Golden Gate Parkway in the center of Golden Gate City; K-mart Pharmacy on the north side of Golden Gate Parkway in the center of Golden Gate City; and, Eckerd Drugs in the NE quadrant of Santa Barbara Blvd./Golden Gate Parkway (opposite the subject site). Also, on August 3, 1999, the BCC approved petition R-99-3 rezoning the 1.87 acre parcel at the southwest comer of CR-951/Golden Gate Parkway (within the existing CR-951 Commercial Infill Subdistrict) to C-3 for a drug store. Additionally, another petition (CP-99-1) proposes to amend the Golden Gate Parkway Professional Office Commercial District to allow retail uses - including drug store - on 7 acres in the center of Golden Gate City. The subject property lies in relatively close proximity to existing commercial sites in the Urban designated area - across the street to the east in Golden Gate City; 1.5 miles to the south at Radio Road (Berkshire Lakes PUD); 3 miles to the west at Airport Road/Golden Gate Parkway Activity Center (Grey Oaks PUD); and, 3'.5 miles to the north/northwest at 1-75/Pine Ridge Road Activity Center (Vineyards PUD). The charts below identify the commercial inventory of Study Ar ~ ~.::~;_~.:c;, including Golden Gate Estates and Gokten Gate City listed separately; the Golden Gate P1a nnir~.~ Community; and, some nearby areas - all as of July 31, 1999. 7 OCT 2 6 Ig99 Study Area #1 Commercial Zoning: Area Total Acres Developed Acres Undev. Acres Developed S.F. GGE portion office zoning only 7.30 0 7.30 0 retail zoning only 46.44 0 46.44 0 sum 53.74 0 53.74 0 GG City portion office zoning only 31.08 11.20 19.88 15,494 retail zoning only 119.17 80.62 38.55 643,767 sum 150.25 91.82 58.43 659,261 All of Area #1 office zoning only 38.38 11.20 27.18 15,494 retail zoning only 165.61 80.62 84.99 643,767 TOTAL 203.99 91.82 112.17 659,261 Golden Gate Planning Community Commercial Zoning: Total Acres Developed Acres Undev. Acres Developed S,F. office zoning only 53.17 11.20 41,97 15,494 retail zoning only 333,31 133.63 199.58 874,266 TOTAL 386.48 144.83 241.55 889,760 Study Area #1 - Designated Commercial Areas Not Yet Zoned Commercial: Designation Golden Gate Parkway Professional Office Commercial District Santa Barbara Commercial Subdistrict Interchange Activity Center Neighborhood Center TOTAL Location # Acres Golden Gate City: Golden Gate Parkway 3.50 Golden Gate City: Santa Barbara Blvd. 11.00 Golden Gate Estates: 1-75/Pine Ridge Road 12.34 Golden Gate Estates: Pine Ridge Road/CR-951 16.36 43,20 sources: 1998 Commercial Inventory (based upon 1997 Property Appraiser data) and current zoning maps office zoning = C-1, C-1/'T, PUD-office zoning districts retail zoning = C-2 thru C-5, PUD-retail zoning districts Staff does not concur with the petitioner's analysis nor - based upon all of the above information - that there is a need for an additional retail or office commercial opportunity in the Golden Gate Area Master Plan for this area. The requested designation, and proposed buffers, for the subject site raises compatibility and community character issues concerning the Estates property to the north and west, both of which contain a single family dwelling and are limited to that use by the Master Plan. While the type and amount of vegetation planted within a buffer area is most significant in providing visual and noise buffers, the width of the buffer area is important in Golden Gate Estates in maintaining its semi- rural character. Neighborhood Centers require a 75' buffer from residential properties; and, a 25 foot wide landscaped buffer for parking areas abutting rights-of way. These buffer requirements are distinctly different - more stringent - than that required of commercial development outside of Golden Gate Estates. As the subject property is located in Golden Gate Estates, and is not ~'~,~ .7~ .... : ~- between two higher intensity sites as is the existing Commercial Infill parcel in Golden Gal; (~.-, ,40~/Th~ Estates, staffbelieves it appropriate to abide by the Neighborhood Center buffer requireme~ ts. 8 26 1999 petitioner has included the 75' buffer, but for principal structures only; the petitioner does not propose the 25' buffer for parking areas abutting roads.) Also, if this petition is approved, staff envisions a similar request being made for the property across Golden Gate Parkway to the south. In fact, the petitioner contemplated including that parcel in this petition. Designating one or both of these Golden Gate Estates parcels as Commercial Infill will impact the character of the area. Staffacknowledges this area is not a tranquil residential setting as much of the Estates may be, but it is still a part of the Estates - a massive semi-rural residential subdivision comprised of large mostly wooded lots, and containing some concentrations of institutional uses. Further, if the subject site is deemed inappropriate for a maximum of 3 single family lots as presently limited by the Master Plan, then staff would suggest that conditional uses might be more appropriate for the property (uses that could more easily be developed compatible with all surrounding properties and traffic conditions); staff would not conclude that the site should then be designated for the intensity of office and retail commercial uses, as proposed by the petitioner. FINDINGS AND CONCLUSIONS: · Based upon total existing commercial inventory in Study Area #1, and in the Golden Gate Planning Community, staff believes there is an adequate supply to meet demand. · There are 204 acres of commercial zoning in Study Area #1, of which 112 acres are undeveloped (55%). An additional 43 acres are designated for commercial use but not yet zoned commercial. · There are 386 acres of commercial zoning in the Golden Gate Planning Community, of which 242 acres are undeveloped (63%). · There are numerous commercially zoned sites available in Study Area #1 and the Golden Gate Planning Community for professional office uses and banks. · There are some commercially zoned sites available in Study Area #1 and the Golden Gate Planning Community to accommodate the proposed retail use (drug store). · There are 4 existing pharmacies in Golden Gate City; an additional site for a drug store was rezoned on August 3r~. · There are traffic safety issues concerning ingress/egress on both abutting roads, especially Santa Barbara Blvd. The intensity of development surrounding the subject property is distinctly less than that surrounding the existing Commercial Infill parcel in Golden Gate Estates. · Development in Golden Gate Estates along Golden Gate Parkway is dominated by single family dwellings and conditional uses. · The proposed commercial development is contrary to the existing development pattern on Golden Gate Parkway in Golden Gate Estates. · Both roads abutting the subject site carry relatively high traffic volumes. · The subject site may not be appropriate for single family development. If not, conditional use development may be more appropriate, more compatible with development on all surrounding properties, less impacted by traffic on adjacent roads, and more in character with the remainder of Golden Gate Estates along Golden Gate Parkway. In summary, staff believes this is not the appropriate location for commercial development ~-~ ~.: ......... ~ upon compatibility and change of character concerns; transportation/access issues; and, lact{ of ~.~.~ demonstrated need for a new commercial provision· STAFF RECOMMENDATION: That the CCPC forward Petition CP-99-2 to the BCC with a recommendation not to transmit this Petition to the Florida Department of Community Affairs and Southwest Florida Regional Planning Council. However, if the CCPC should recommend transmittal, staff recommends the following: a. limit the entire site to conditional uses as allowed by the Estates zoning district; b. prohibit ingress or egress on Santa Barbara Blvd.; c. limit the site to one ingress/egress point only - a shared access point for all users - on Golden Gate Parkway; d. require the ingress/egress point be located as far west on the site as possible; and, e. limit the ingress/egress to right-in, right-out only. David Weeks, AICP Principal P.lanner ~ REVIEWE D BY :/~,,f///~_~,~ ~/~ 'Barbara A. Cacchione, AICP Comprehensive Planning Manager REVIEWED BY: Robert J. Mulhere, AICP Planning Services Director ~incent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: DATE: Petition Number: CP-99-2 Staff Report for September 16, 1999 CPCC meeting. NOTE: This petition has been advertised for the October 26, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: CP-99-2 SR Transmittal GG Com'l Infill l0 215 1'399 OOLDEN OATE AREA MASTER PLAN STUDY AR P,A$ COLLIER COUNTY, FLORIDA N .% OCT 2 6 1=~9 AGENDA ITEM 7-A MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPT., COMPREHENSIVE PLANNING SECTION DATE: AUGUST 27, 1999 PETITION NO. CP-99-3, GROWTH MANAGEMENT PLAN AMENDMENT FOR ESTATES NEIGHBORHOOD CENTER (TRANSMITTAL HEARING) AGENT/APPLICANT: Agent: William L. Hoover, AICP Hoover Plmming 3785 Airport Road North, Suite B Naples. FL 34105 Petitioner: (Contract , Purchaser) Warren Raymond, Development Officer Centrefi~nd Development Corp. 2401 PGA Boulevard, Suite 280 Palm Beach Gardens, FL 33410 Owners: Lloyd J. Ottenstroer & Dale Ann Popp 13933 Trails End Drive Lock Port. IL 60441 Frank Dellecave 4426 23rd Ave. SW Naples, FL 34116 Arbelio Rives 231 Eighth St. NE Naples, FL 34120 GEOGRAPHIC LOCATION: The subject property, containing approximately 7.15 acres, is located in Golden Gate Estates at the southeast comer of Wilson and Golden Gate Boulevards. It is in the Rural Estates Planning Community. REOUESTED ACTION: This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and Golden Gate Estates Neighborhood Center Map by: I) changing the subject site from Future Neighborhood Center to Neighborhood Center; 2) amending text to allow for additional acreage in the southeast quadrant of the Neighborhood Center located at Golden Gate and Wilson Boulevards; and 3) allowing 5.00 acres of commercial development or Conditional Uses, as permitted in the Estates zoning district. [words underlined are added, words =truck t~.'c'-';~ are deleted] AND [words underlined and shaded are added; words -..tr'_'c.u. t~.'c"~h and shad0Cl are deletions and ref petitioner's text changes for CP-99-03] AGENDA ITEM 7-A The proposed map amendments are to "Golden Gate Estates Neighborhood Centers" and the Golden Gate Area Furore Land Use Map. The proposed text amendment is to the Estates Neighborhood Centers [Subdistrict], as follows: a. Estates-Mixed Use District 1) Residential Estates Subdistrict - Sinqle-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 2% gross acres unless the lot is considered a le.qal-te~ non-conforming lot of record. 2) Estates Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not .quarantee that commercial zoninq will be granted. The designation only provides the opportunity to request commercial zonin,q. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. The node at the NE and SE quadrants of Wilson and Golden Gate Boulevard.~ is approximately § 12.15 acres in size and lec=,a~J-~ consists of Tract 1, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Ufiit 13 Golden Gate Estates. The SE quadrant of Wilson and Golden Gate BouleVardS ?M°ws 5.00 acres of commercial development or Condltlona~U Estates zon[nq &strict, and alloca[es z. lo acres [o prolect~:ounenn~no~:n~ [.~ , way for Golden Gate Boulevard. The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109-112 and the N1/2 of Tract 113, Unit 26, Golden Gate Estates are included in this node as eligible for commercial development. The S1/2 of Tract 113 and the E1/2 of Tract 107, Unit 26 are also included within this node but are only to be used for buffer, water management and open space. ~Thc devc!cpmcnt CGriterJa for development at the nodes are as follows: [words underlined are added, words =tr'_'c~ ..,fcc".. are deleted] AC-:-J~A ITU~l AND [words underlined and shaded are added; words =tr'-'c~ thr-c_.-;h and shaded are deletions and re lect petitioner's text changes for CP-99-03] i Orr .. , 2 6 1S99 2 AGENDA ITEM 7-A fl~a=a ~1~/ r~:~rr~iff~N ,~e~a ~f fha ~'~lZra I~l~*~;~l~k~-~rht~*-~,-I · Limited to Iow intensity transitional commercial uses that are compatible with both residential and commercial, · Convenience commercial to provide for small scale shopping and personal needs, and · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 ). · Future commercial uses are limited to ~ the intersection of Pine Ridge Road and tha ~ CR-951. This Neiqhborhood Center mag be developed at '100% commercial and must provide internal circulation, and any re:,oning is encouraqed to be in the form of a PUD. This Neighborhood Center mag also be utiliTed for sinqle famil¥ residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, child care centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than cn~y 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouraged to make provisions for shared parking arrangements with adjoining developments; [words underlined are added, words r,~a~a~k-U~,~h are deleted] AND [words underlined and shaded are added; words =t.-'.:'c~ th:c-'_'~h and shaded are deletions and re~ petitioner's text changes for CP-99-03] 3 ,ct v 2 S 1 99 AGENDA ITEM 7-A Access points shall be 'imited to one per 180 feet commencing from the right-of-way of the major intersectinq streets of the Neiqhborhood Center. A maximum of three curb cuts per quadrant shall be allowed; Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; Driveways accessing parcels on opposite sides of the roadway shall be in d irectl-y-t~ alignment; Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water manaqement uses are permitted; except that for valid, approved conditional uses, no such buffer is required. Projects shall provide a 25 foot wide Type C buffer, as described in the Land Development Code, between the abutting right-of-way and the off-street parking area; PURPOSE/DESCRIPTION OF PROJECT: The petition proposes to add 7.15 acres to the Future Neighborhood Center located in the southeast quadrant of Wilson and Golden Gate Boulevards. The proposal allows for 5.00 acres of commercial development or Conditional Uses, as permitted in the Estates zoning district on the subject parcel. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The site is undeveloped; zoned E, Estates, and designated Future Neighborhood Center on the GGAMP Future Land Use Map and Golden Gate Estates Neighborhood Center Map. Surroundine Lands: North - Across Golden Gate Blvd., a commercial center; zoned C-2, Convenience Commercial; designated Future Neighborhood Center on the GGAMP Future Land Use Map; and, an undeveloped parcel; zoned E, Estates; and designated Future Neighborhood Center on the GGAMP Future Land Use Map. East - Undeveloped land; zoned E, Estates; designated Residential Estates on the GGAMP Future Land Use Map. South - Single family dwelling and undeveloped land; zoned E, Estates; designated Residential Estates on the GGAMP Future Land Use Map. West - Across Wilson Blvd., undeveloped land; zoned E, Estates; designated Future Neighborhood Center on the GGAMP Future Land Use Map. [words underlined are added, words -..t."_'c~ thrc'_'~h are deleted] AND [words underlined and shaded are added; words I,~ek-th~e~h and ~ are deletions and petitioner's text changes for CP-99-(}3] AGENDA ITEM 7-A STAFF ANALYSIS: EnvironmentaI Impacts: Environmental staff has reviewed the proposed petition and has found no special environmental concerns regarding the subject property. Effect on High Ranze Population Projections: Pursuant to CIE Policy 1.1.2, a significant impact in population is defined as a potential increase in county-wide population by more than 5% of the BEBR (Bureau of Economic and Business Research) high range projections. The petitioner has requested commercial or conditional use development for the subject site, therefore, a potential for an increase in population and number of dwelling units may result if the subject site is developed as an Assisted Living Facility or similar Conditional Use, as permitted in the Estates zoning district. However, due to the relatively small size of the subject site. the population impact would be minimal. Public Facilities Impacts: The propoSed development permitted in this Neighborhood Center will be non-residential except as noted above for Conditional Use development. There should be decreased impacts upon parks and recreation facilities. Yhe site is limited to well and septic for water and sewer use. There should be no impacts upon potable water and sanitary sewer facilities. Stormwater management regulatory requirements from residential to commercial use would require additional stormwater management because of an increase in impervious surface due to larger structures and parking/vehicular use areas for commercial development. There should be minimal change in impacts upon public drainage facilities. Given the small size of the subject area, there should be minimal.change in impacts upon solid waste facilities. The petitioner's traffic impact analysis indicates project traffic will not affect adopted level of service standards for roads in the project's radius of development influence due to the expansion of Golden Gate Boulevard to four lanes. In summary, there should be no change jn LOS standards for any of the following public facilities as a result of development allowed by this petition: parks and recreation, potable water, sanitary sewer, drainage, solid waste, or arterial and collector roads. TransportatiowAccess Discussion: Traffic Capacity Analysis: Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following determination: The ITE Trip Generation Manual indicates that the proposed shopping center will generate approximately 3,902 Daily Weekday Trips and 354 trips during the PM peak hour. The adjusted project trips to account for pass-by traffic results in 2,302 Weekday Trips and 209 trips during the PM peak hour. Based on this data, the site generated traffic exceeds the significance test standard (5% of the LOS "C" design volume) on Golden Gate Boulevard (west of Wilson) after trip assignments and adjustments are made. Existing Traffic: The traffic count for Golden Gate Boulevard east of Wilson Boulevard is 8,901 and is operating at an acceptable level of service, LOS "C". Wilson Boulevard north of Golden Gate Boulevard is also operating at an acceptable level of service. The Traffic Circulation Element (TCE) lists the segment of Golden Gate Boulevard, east of CR-951 to Wilson Boulevard [words underlined are added, words :tr'-':~ t~rm:$h are deleted] AND [words underlined and shaded are added; words '-t."_'c~ th:c~:;~ and shaded are deletions an, petitioner's text changes for CP-99-03] AGENDA ITEM 7-A road with a traffic count of 14,592 AADT and a level of service, LOS "E". A road improvement for this segment is scheduled to commence in June of 2,000 and will be completed in July of 2002 boosting the level of serx4ce to LOS "A". Therefore, the proposed amendment is deemed consistent with Policies 1.3, 1.4, 5.1, and 5.2 of the 'I'CE and is consistent with the Adequate Pubic Facilities Ordinance. APPROPRIATENESS OF CHANGE/ISSUES: Golden Gate Area Master Plan History: Prior to the adoption of the Golden Gate Area Master Plan in February 1991, residents of the Golden Gate Estates area, concerned with expansion of Conditional Uses and commercial development, identified a need to establish locational and land use criteria for future commercial development and Conditional Uses within Golden Gate Estates. After committee discussions, community meetings and a survey of homeowners, the Board of County Commissioners adopted the Golden Gate Area Master Plan allowing the potential for 5 acres of commercial development in each "Neighborhood Center" located at: Everglades Boulevard and Immokalee Road (10 acres) Everglades Boulevard and Oil Well Road (20 acres) Everglades Boulevard and Golden Gate Boulevard (20 acres) Golden Gate Boulevard and Wilson Boulevard (20 acres) Pine Ridge Road and CR-951 (10 acres) Criteria established for commercial, limited development within each Neighborhood Center to 5.00 acres, and limited individual projects to 2.50 acres. Commercial uses were also restricted to small scale "neighborhood" convenience uses to ensure that the Golden Gate Estates area would be protected from expansive commercial development. In May of 1993, the Board of County Commissioners amended the Golden Gate Area Master Plan to remove the "Neighborhood Centers" at Everglades Boulevard, Oil Well Road .and Golden Gate Boulevard locations. The "Neighborhood Centers" located at Everglades Boulevard/Immokalee Road and Golden Gate Boulevard/Wilson Boulevard became "Future Neighborhood Centers" and" the "Neighborhood Center" located at CR-951 and Pine Ridge Road remained as originally adopted in the Golden Gate Area Master Plan. Petition Proposal: The petitioner is proposing to develop a shopping center, approximately 39,000 sq. fl. to 42~000 sq. fl. in size on 7.15 acres of land located in the southeast quadrant of the "Future Neighborhood Center" at Golden Gate and Wilson Boulevards. Commercial or Conditional Uses are being proposed for 5.00 acres and the remaining 2.15 acres will be used for project buffeting and right-of- way. The petitioner asserts, due to a 22.5 acre commercial deficit in the proposed trade area, commercial development is needed at the subject site to provide basic goods and services to residents and reduce the commercial demand in the area. [words underlined are added, words =t.".:'c~ thrc'_';~ are deleted] AND [words underlined and shaded are added; words e~k-th~P,~h and shaded are deletions and refl~ petitioner's text changes for CP-99-03] ,=t OCT 2619~ AGENDA ITEM 7-A StaffAnalysis: The Golden Gate Area Master Plan is subdivided into 5 study areas, three areas are located east of CR-951 and north of~-75 (refer to Study Area Map). The petitioner's trade area encompasses portions of Study Areas 2, 3, and 4, and the majority of population and land area are in Study Areas 3 and 4 respectively (refer to Study Area Map & Table 1). Staffhas reviewed the petitioner's proposed trade area and believes that the boundaries, in relation to the subject site, have been reasonably drawn due to existing conditions within the Estates area: canals, road network and proximity to commercial locations and concurs with the petitioner that a commercial deficit exists within the trade area. Furthermore, the Evaluation and Appraisal Report (EAR) identifies commercial deficits exist in Study Areas 2 and 4; however, the EAR also shows no present need for additional commercial acreage in Study Area 3, where the majority of the petitioner's population is located (refer to Table 2). Although, the proposed amendment would decrease commercial demand within the Estates area, staffis concerned with the magnitude of this proposal. Staff contends that the project is contrary to size and character intended for the "Neighborhood Centers" as contained in the Golden Gate Area Master Plan and questions the appropriateness of this location, in respect to serving the commercial needs of residents xvithin Study Area 4. Finally, staff concludes that a detailed examination of the roadway network and land uses within the Estates area would establish appropriate spatial criteria and allocation of commercial acreage to better serve the area residents while maintaining the semi- rural characteristics of the Golden Gate Estates Subdivision. FINDINGS AND CONCLUSIONS: Commercial deficits exist in Study Areas 2 and 4 of the Golden Gate Estates Subdivision. · Due to expected population growth in the Estates area, the demand for commercial acreage will increase considerably in the future. · The intent of the Neighborhood Center, is to provide small scale commercial development, limited to 5.00 acres, with no one project to exceed 2.50 acres in size. The petitioner's proposal exceeds the acreage limitation in both size and character and therefore does not meet the intent of the Neighborhood Center. · The project site may not be the appropriate location to serve the commercial needs of residents in Study Area 4 and a portion of Study Area 3. · A detailed examination of the Estates road network and land uses is necessary to establish appropriate spatial criteria and allocation of commercial acreage to serve area residents and maintain the semi-rural character of the Golden Gate Estates Subdivision. [words underlined are added, words ~ are deleted] AND [words underlined and shaded are added; words ~ and ehaded are deletione and reflect petitioner's text changes for CP-99-03] ? A~A IT GOLDEN GATE AREA MASTER STUDY AREAS COLL!ER COUNTY FLORIDA PLAN LEE CO. COLLIER CO. 846 S.R. 84 I -75 SCALE 0 5MI 1 OMi PREPARED BY GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMEN1 AN[' E' VIP,3NMENTal ~EP',qCE~ DIWSION N TRADE AREA L 1 AGENDA ITl ~¢T 2 6 1! STUDY AREA 1 STUD'( AREA 2 STODY AREA 3 STUDY AREA 4. STUDY AREa ~ Tsble 1 1999 1999 Buildout Buildout Dwelling Units Population Dwelling Unit Population PPDU/TAZ Estimates PPDU/TAZ study Area 2 2,317 7,086 4,144 12,699 Study Area 3 2,181 7,104* 14,615 39,296 Study Area 4 566 1,751 5,558 17,095 Trade Area* 2,355 7,318 10,406 31,855 Area 2 510 1,621 1,041 3,299 Area 3 1,279 3,946 3,807 11,491 Area 4 566 1,751 5,558 17,095 Table 2 Commercial Total Developed Developed Permitted * 1999 Estimates Zoning Acres Acres Sq. Ft. Sq. Ft. Commercial Deficit or Surplus Study Area 2 C-2 2.50 1.79 2,832 n/a Deficit -25.50 acres Study Area 3 PUD 5.15 1.14 3,350 21,000 PUD 2.38 0 0 20,000 C-2 5.46 2.12 7,793 n/a PUD 22.00 2.00 3,111 60,000 Surplus +7.49 acres Study Area 4 0 0 0 0 0 Deficit -6.78 acres Trade Area C-2 5.46 2.12 7,793 n/a Deficit -22.88 acres Notes: Table I Dwelling Unit totals obtained from Property Appraiser Records Persons/Dwelling Unit (PPDU) for Traffic Analysis Zones (TAZ) - Ratios derived from the 1990 Census. Calculated by multiplying dwelling unit total by PPDUffAZ ratio. Buildout Dwelling Unit Estimates - derived by calculating the total number of Estates parcels, within each study area, > 4.50 acres and dividing by 2 (assumption - 1/2 or 50% of those parcels over ,$.50 acres will be split) note: totals may by higher or lower depending upon actual splits. * Total includes Orange Tree PUD - 1999 population (835) * Unit 18, within the Trade Area or Area 3, accounts for only 'A of the dwelling units, and population. Notes: Table 2 *Methodology used to determine commercial need, in Table 2, is the same methodology used in the Evaluation and Appraisal Report. A floor area ratio (FAR) of~ 1867 was used for the purpose of calculating commercial demand for 1999 data. [words underlined are added, words e4+ue/n-t~-e~n are deleted] AND [words underlined and shaded are added; words o* .... ~' °~' ..... '- and shaded are deletions and reflect petitioner's text changes for CP-99-03] 9 STAFF RECOMMENDATION: That the CCPC forward Petition CP-99-03 to the BCC with a recommendation not to transmit this Petition to the Florida Department of Community Affairs and Southwest Florida Regional Planning Council. However, if the CCPC is inclined to recommend transmittal, staff recommends the size of the Neighborhood Center in the southeast quadrant of Golden Gate and Wilson Boulevards be limited to 2.88 acres for commercial or Conditional Uses. (the balance of 5.00 acres of the Neighborhood Center less the existing 2.12 acres zoned commercial in the northeast quadrant) PREPARED BY: //'~ff~,z '/' Planner II ,-~ /<' //, /' B/a{'bara A. Cacchione, ~CP Comprehensive Plying M~ager DATE: DATE: REVIEWED BY: //? " R~be~t ll~ere,-AICP Planning/Services Director APPROVED BY ~' ' ~ Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: Petition Number: CP-99-3 Staff Report for September 16, 1999 CPCC meeting. NOTE: This petition has been advertised for the October 26, 1999 BCC meeting. CO L~/~P~//ANNING C OMMI S SION: MICHAEL J. 2P, L~.T, CHAIRMAN CP-9Cj-3 Staff Report Transmittal [words undedined are added, words et~ are deleted] AND [words underlined and I}laded are added; words ~ and ~ are deletions and reflect petitioner's text changes for CP-99-03] :0 e.'? 2 6 PROPOSED AMENDMENT CP-99-03 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, FIoride C.R. 846 GOLDEN GATE BOULEVARD WHITE BLVD. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECllON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: NC-CP-gg-oD.DWG DATE: 8/9g INTERSTATE- 75 C.R. 858 SUBJECT SITE ~ GAlE ES'IA'ES NrlGMSORMO00 CEN T~RS LEGEND NEIGHBORHOOD CENTERS C.R. 846 0 1 MI 2 MI GOLDEN GATE AR£A FUTURE LAND USE MAP LEGEND NAPLES IMMOKALEE ROAD PINE RID(]E RD. ! - GOLDEN GATE AREA FUTURE LAND USE PROPOSED AMENDMENT cP-gg-03 GOLDEN GATE NAPLE~ [MMOKALEE ROAD RANDALL SUBJECT SITE S.R -84 OIL WELL ROAD I~OULEV A~D R 28 AGENDA ITEM 7- A MEMORANDUM TO: FROM: DATE: RE: AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 23, 1999 PETITION NO. CP-99-4, ORANGE BLOSSOM MIXED USE SUB-DISTRICT Agent: Owner: Karen Bishop PMS, Inc. of Naples 2335 Tamiami North, Suite 408 Naples, Florida 34103 John A. Pulling Jr. & Lucy G. Finch 18101 US 41 Bonita Springs Florida 32918 GEOGRAPHIC LOCATION: The subject site, consist of two parcels. The first parcel is 4.77 acres and is located on the northeast corner of Airport-Pulling Road and Orange Blossom Drive. The second parcel is 9.66 acres and is located on the southeast corner of Airport-Pulling Road and Orange Blossom Drive. The subject site is located in the North Naples Planning Community. REQUESTED ACTION: This petition seeks to amend the existing Future Land Use Element and Map of the Collier County Growth Management Plan to create a new commercial subdistrict known as the "Orange Blossom Mixed-Use Sub-district" to the Urban-Mixed Use District for specified lands located at the intersection of Airport-Pulling Road and Orange Blossom Drive (approximately 14.5 acres). The proposed text change adds the following language as noted by the underline and shaded section: 7. Traditional Neighborhood Design The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs... TND concept. 6 IS99 AGENDA ITEM 7- A and future in *he immediate area. This District is intended to be a p~ot°~f°r future mixed' use nodes, pro¢iding residents with pedestrian scale trip lengths for small-scale commercial services. Commercial uses are limited to those allowed in the C-If C-2 and C-3 ZOning sub-district will be governed by the following criteria: a. Rez~ning must be in the form of a PUD. b. Retail uses will be capped at a maximum of ¢. Office uses will be capped at a maximum d. Residential development will be subi e. Maximum lot coverage for buildings is capped at f. No more than 25% of the total built square foota cl. Principal entrances to all buildings shall be interior to street. h. All four sides of each building must be finished in a common i. Rezoning of this sub-district must contain additional address at a minimum: 1. Building sizefMassing 2. Unified Architectural Standards 3. Buffering'and Landscaping 4. Parking Lot design Standards 5. Pedestrian connection requirements 6. Detailed lighting and sign standards i- A residential component equal to at least 25% of the taring system must be constructed before the sub-district 40,000 square feet of retail or office uses. k. Residential units must be located both on the North and Drive ~. Integration of residential and office or retail uses in the rn. Pedestrian connections are required to all perimeter by adioining property owners. · !, 8 9. Goodlette/Pine Ridge Commercial Infill Subdistrict PURPOSE/DESCRIPTION OF PROIECT: The intent of this amendment is to develop a small-scale mixed use development that encourages the principals of Traditional Neighborhood Districts by developing residential, retail and office on one site. The amendment is purposing to create a pedestrian friendly environment for small size retail and office uses with a residential component developed on site. The amendment proposes to cap retail uses at 5,000 square feet per acre and office uses at 7,000 square feet per acre while encouraging the residential component to be located in the same building. The entire site is 14.43 acres. If built out to maximum capacity, the project site could be developed with 72,150 square feet of retail; 101,010 square feet of office; and 57 residential units. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Exist-lng Conditions: The proposed site consists of two parcels. Both parcels are designated on the Future Land Use Map as Urban - Mixed Use District/Urban Residential Subdistrict. Under this subdistrict 3 to 4 dwelling units (du) per acre may be permitted depending on how the site is accessed_ In addition, each parcel could be eligible for an additional 3 du/a~re~, ~' ""'i 26 AGENDA ITEM 7- A the Residential In-fill provision of the Density Rating System. Both parcels are currently zoned Agricultural (A) and are currently being utilized bv a commercial nursery. Surrounding Land Use: North: The site immediately adjacent to the northern boundary of the subject site is a 5.03 acre track zoned Agricultural with a Conditional Use for a Church and multi-purpose structure. The Greek Orthodox Church is located on that site. East: Located to east of the project site, north of Orange Blossom Drive is the Orange Blossom Gardens Planned Unit Development (PUD), 11.7 acres permitted for 40 multi-family residential units. Located east of the project site and south of Orange Blossom Drive is the Lone Oak (AKA Walden Oaks) PUD, 95 acres permitted for 2 acres of commercial and 291 residential units. To date, the two acres of commercial have been developed with 24,000 square feet of office commercial, 169 Single Family units and 24 multi-family units have been constructed. An additional 98 multi-familv units are permitted but not yet built. South: Immediately adjacent to the south of the project site is 11.32 acre parcel that is zoned Agricultural that is being used as a commercial nursery. West: Airport-Pulling Road separates these parcels from the project site. All of these parcels are currently zoned Agricultural. Two of the parcels have a conditional use approved for the site. The uses include: an Adult Congregate Living Facility (ACLF) permitted at 390 units; and a Social and Fraternal Organization (The Italian American Club), One of the other parcels has been designated as the site for the County's Regional Librarv and the final parcel is currently vacant. STAFF ANALYSIS: Environmental Impacts: Since the subject site has been used as a commercial nursery there should not be any environmental impacts with the proposed amendment. Effects on High Range Population Projections: The residential component of the proposed project is small and should not have a significant impact the on population projections. Traffic Capaci _tyfrraffic Circulation Analysis: Airport-Pulling Road north of Pine Ridge Road is classified as a Collector in the Transportation Element of the Growth Management Plan. The road is scheduled to be widened to six lanes' between Pine Ridge and Vanderbilt Beach Road in 2001. The intersection of Orange Blossom Drive will also be upgraded to a four - lane intersection by 2000/01. Orange Blossom Drive is a local road that may be reclassified as a collector by 2010. The segment between Airport Building and the First Baptist PUD is ne 3 AGENDA ITEM 7- A upgrade to include drainage and sidewalks through a development agreement with the church being built on Orange Blossom Drive. Tt,~se improvements will also be completed by 2001. Compatibili _ty/Commercial Demand Analysis The petitioner has not provided a market analysis for the subject site. To justify the need for additional commercial within the North Naples area the petitioner suggests that the demand for commercial space exceeds the current supply and any new commercial development being built will be constructed as Power Centers with 200,000 or more square feet at the center. The petitioner suggests that the rental rates within these Power Centers are higher than small retailers can afford and therefore there is a need for smaller retail establishments such as the one being proposed. The petitioner states that the vacancy rate for built commercial properties in the North Naples area is below 3% which is below state and national averages (The Commercial Composite, John R. Wood Realtors). The 1995 Commercial Land Use Inventory prepared by the Collier County Comprehensive Plarmmg Section reported that in the North Naples Planning Community 784.71 acres were zoned commercial. Out of the acreage zoned commercial, 3,358,570 million square feet of commercial development has been built. In addition, 53.36 acres are zoned industrial but have commercial uses on the property with a total of 471,566 square feet of commercial uses developed on this land. Therefore in 1995, there was a total of 838 acres of commercially zoned property and 3.8 million square feet of commercial space. The 1997 Market-Conditions Study prepared by Fraser & Mohkle Associates, Inc. analyzed the North Naples Planning Community based on the 1995 Commercial land inventory. The report calculates the Commercial Land-Use Demand for the North Naples Planning Community from 1986 to 1995. The 1995 'supportable square footage was estimated at 2,268,702 with a land requirement of 323.59 acres. In 2000, supportable square footage is estimated at 3,537,540 with 504.56 total land required in acres. In 2005, it is estimated that the North Naples Planning Communitv could support 4,734,019 square feet of commercial development with a total land requirement of 675.22 acres. .- Based on the 1995 inventory and the Market Conditions study, we had a surplus of 162.85 acres of land zoned for commercial uses. The Commercial Inventory Study was updated with 1997 figures in 1998. This inventory prepared by the Collier County Comprehensive Planning Section, reports that in the North Naples Planning Community there are 972.86 acres of land currently zoned commercial. Out of the acreage zoned commercial there are 3,859,766 million square feet of commercial development built. In addition, there are 48.21 acres of land zoned for Industrial but have ~ommercial uses located on the property for an additional 468,790 square feet of commercial development within the North Naples Planning Community. Therefore in 1997 there were 4,328,556 square feet of commercial space available in the North Naples Planning Community. Between 1995 and 1997 there have been an additional 134.79 acres zoned for commercial uses in the North Naples Planning Community and 500,000 additional square feet of commercial space built in the same time period. This additional commercial acreage brings the surplus of commercially zoned land to 297.64 for the projected commercial needs in 2005. ~ _r~ ii ~ 2 6 1S99 ,1. AGENDA ITEM 7- A Since 1998, there have been an additional 91.48 acres of property rezoned to PUD for commercial uses in the North Naples Planning Community. Forty-one percent of these rezones or 37.17 acres have occurred along the Airport-Pulling Road corridor between Pine Ridge and Vanderbilt Beach Roads. The available property available for commercial development in the North Naples Planning Community exceeds the projected demand for 2005 by approximately 389 acres. Based on the 1997 commercial inventory there were 499 properties that were identified as commercially zoned in the North Naples Planning Community. Out of these parcels only 27 or 5% were over 10 acres. Therefore the majority of property still available for commercial development in the North Naples Planning Community would be available for small-scale retail development as proposed by this amendment. FINDINGS AND CONCLUSIONS: 1. There is sufficient commercial acreage in the North Naples Planning Community to exceed our projected demand up to the year 2005. Currently there are 1,064 acres of commercially zoned properties, which exceeds the projected need by 675.22 acres. 2. The opportunity for undeveloped commercially zoned properties to develop exists. There appears to be excess demand vs. supply in the North Naples Planning Community as demonstrated bv the low vacancy rate this maybe an interim period while sites are being designed, engineered and permitted. 3. Since the majority, of properties within the North Naples Planning Community are less than I0 acres they will not be developed as Power Centers unless the properties are aggregated. Location of property can have a great impact on rental rates charged as well as overhead costs that may be associated with a power center. The North Naples area is in high demand, which will effect the rental rents. There is no way to control what the end user will be charged for space in this ,type of development. 4. This type of development, a mix of residential, retail and office could be developed under current standards on property; already designated for commercial. There is no need for a .. special provision under the Growth Management Plan to allow this type of development to occur. 5. Although there are residential developments along this portion of Airport-Pulling Road (from Pine Ridge to Vanderbilt Beach Road), their access to the subject site will most likely be by automobile due to lack of intercormections to the proposed development and the width of Airport-Pulling Road that separates the residential areas to the subject site. 6. The Airport-Pulling Road corridor between Pine Ridge Road and Vanderbilt Road is anchored bv two Activity Centers. Activity Center #11 - Airport-Pulling Road and Vanderbilt Beach Road consists of approximately 143 acres permitted to date for 910,000 square feet of commercial and 450 hotel rooms. Activity Center #13 - Airport-Pulling and Pine Ridge Road is 347.5 acres permitted for 1,556,000 square feet of commercial. The boundaries of these Activitv Centers are less than one mile from the proposed subject site (.5 miles to Activity Center #11 and .7 miles to Activity Center #13). Lone Oak PUD (AKA Walden Oaks) approximately 400 feet to the south of the project site has 25,000 square feet of office space and the Willow Park PUD (rezoned from CF in June 1998) is 1900 feet south of the property is approved for 7'.47 acres for office and retail uses. 7. The Office and Infill Commercial Subdistrict which became effective in April 1999 p~a~s . ._. the opportuni ,ty for properties to be designated for commercial uses if they are adjac~n~,-~f AGENDA ITEM 7- A least on one side, to existing commercial. The provision is capped at a maximum of 250 acres countywide. In the past four months, 45.37 acres have been rezoned under this provision. In conclusion, there is sufficient commercial acreage available within the North Naples Planning Community, to meet future demand. The Growth Management Plan provides sufficient opportunities for suitable sites to be designated for commercial uses. In addition to Office and Infill Commercial Subdistrict, the 1997 Plan will include provisions for additional commercial development Ln the PUD Neighborhood Village Center Subdistrict and Traditional Neighborhood Design that will encourage the development of small scale retail development that is interconnected to residential development. STAFF RECOMMENDATION: Staff recommends that the Collier County, Planning Commission (CCPC) forward Petition CP-99-4 to the Board of Court .ty Commissioners (BCC) with a recommendation not to transmit this amendment to the Florida Department of Communi~ Affairs (DCA). If the CCPC chooses to recommend this petition for transmittal, staff would suggest that the following changes and additions be made to the criteria: 1. Rzoning is encouraged to be in the form of a PUD with a unified development plan with common architectural theme, shared parking, and cross access agreements. 2. The Office and Infill Commercial Subdistrict provision would not be applicable to any properties adjacent to this district. 3. No building footprint will exceed 5,000 square feet. 4. No building height shall exceed three stories or 35 feet. , 5. No gasoline stations or drive-thru establishments will be permitted. 6. All buildings will be interconnected with pedestrian features. 7. Twenty-foot wide landscape Type D buffer along Orange Blossom and Airport- Pulling Road and a 20-foot wide Type C buffer along the interior property lines will be required. 8. Each building that is two or more stories must contain a residential unit. 9. Buildings that face Airport-Pulling Road or Orange Blossom Drive will have an entrance and pedestrian connection to the street. 10. Parking shall be interior to the site. In addition, the proposed language proposed under Item "I" should be deleted since design standards are already included in the Land Development Code and this language does not specify any additional standards. AGENDA ITEM 7- A PREPARED BY: DEBRAH PRESTON, AICP SENIOR PLANNER COMPREHENSIVE PLANNING SECTION September 23, 1999 DATE REVIEWED BY: I~RBARA CACCHIONE, AICP COMPREHENSIVE PLANNING MANAGER DATE ~~R~, AICP '~ PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DWISION DATE DATE Petition No.: CP-99-04 NOTE: This Petition will be advertised for the October 26, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICi iAEL j. GRUEq:, CHAIRMAN LOOATION MAP PUD ACTIVITY CENTER BOUNDARY VANOERBILT BEACH ROAD EXT. PUD VANDERBILT BEACH ROAD EXT, CF PUD PUD A PUD PUD ACTIVITY CENTER BOUNDARY PUD pm[ PUD PUD CF RSF-3 PUD mST A PUD o~ PUD GC P~NE RIOQE OCT 2 6 AGENDA ITEM 7-A TO: PREPARED BY: ELEMENT: PETITION #: DATE: Memorandum Collier County Planning Commission Barbara A. Cacchione, Comprehensive Planning Section Future Land Use Element CP-99-5 August 26, 1999 The Board of County Commissioners directed staff at their March 19, 1999 workshop and at their August 3, 1999 Board meeting to prepare a comprehensive plan amendment to reduce density in the Urban Area. Attachment 1 contains the proposed amendments to the Comprehensive Plan to implement these provisions. Density Reduction Amendments and Transfer of Development Rights Brian Blaesser, with the law firm of Robinson and Cole, and Dr. James Nicholas, Economic Consultant and Professor of Urban and Regional Planning with the University of Florida were retained on June 23,1998 to evaluate the Board's recommendations for density reduction and to provide their analysis and recommendations. Attachment 2 is the Consultants' report regarding the economic impact and legal defensibility of the Density Reduction Amendments proposed by the Board of County Commissioners. The economic analysis addressed three principal questions: (1) the potential impact of the Density Reduction Amendments upon land values in the Urban and Agricultural/Rural areas; (2) their potential fiscal impact upon the County; and (3) their potential impact upon housing cost. The legal defensibility analysis focused upon the potential viability of claims challenging the proposed Density Reduction Amendments if brought under the Florida Bert J. Harris, Jr., Private Property Rights Protection Act ("Act"), FLA.STAT. 70.001 (1995). The Consultants have made the following recommendations: Amend the density rating system in the Urban Area to reduce the base density from 4 units to 2 units per acre for parcels 50 acres or greater in size that are agriculturally zoned, but with the opportunity to: 1. Restore density from 2 to 3 units per acre through design of a development project that satisfied performance standards based upon Travel Demand Management Techniques; and 2. Restore density from 3 to 4 units'per acre through negotiation and purchase of a conservation easement that either preserves agricultural land in agricultural use or preserves natural resource areas. This type of transaction would be done through a private informal process - not a formal, institutionalized Tra of Development Rights process established by the County. · Concur with the BCC desire to reduce the Activity Center from 16 to 12 units per acre and the bonus for land within the density bands around Activity Centers from 3 to 2 units per acre. · Concur with BCC desire to modify the density bonus for Roadway Access to require that the density bonus be awarded for providing a collector as an interconnection between two arterials. · Recommend no change be made to the density bonus of 3 units per aore for infill properties and the density bonus of up to 8 units per acre for affordable housing. The Board of County Commissioners directed the consultants' to evaluate a density reduction in the Agricultural/Rural Designation from 1 dwelling unit per 5 acres to 1 dwelling unit per 20 acres. The consultants' also recommended a further density reduction in the designated Natural Resource Protection Areas from 1 unit per 5 acres to one unit per 40 acres. These recommendations are part of the report but are not included in these Comprehensive Plan amendments. The only density reductions proposed are within the Urban Designated area, excluding the Immokalee Urban Area. The density and development regulations for the Agricultural/Rural Designation will be reviewed as required by the Final Order of the Governor and Cabinet, issued on June 22, 1999, to prepare a Rural and Agricultural Area Assessment and subsequent Comprehensive Plan amendments by June 22, 2002. The estimated cost of restoring density from two units per acre back to the density of four units per acre is $5,500. This includes the estimated costs associated with modifying the travel demand management techniques and the conservation or agricultural easements that may be acquired. Table 3 of the Consultants' report iljustrates that PUD' s approved after 1992 have been building at a density of 3.08 unit per acre, therefore, the market may not be demanding the 4 ,h unit. The potential risk for a claim being brought and prevailing under the Bert J. Harris Private Property Rights Act would be significantly reduced with the ability to regain the density reductions through satisfaction of performance standards or an informal TDR program that provides for the preservation of agricultural and conservation lands. Table 1 describes the extent of the reduction in dwelling units in the Coastal Urban Area. Table 2 identifies the specific parcels that are over 50 acres in size and those that are currently in the process of rezoning. The number of dwelling units for properties over 50 acres in size was calculated on the total which excludes those properties currently in the rezone process. Map 1 provides the location of the agriculturally zoned properties that are 50 acres or larger in size. Table 1 Coastal Urban Area Density Reduction Amendments Urban Area Number of Dwelling Units Total Urban Area All Zoning Districts Density Band (3-2) 8,991 Activity Center (16-12) 2,286 Base Density Reduction (4-2) 5,014 16,291 2 Agricultural Zoning ~ 2,953 1,395 5,014 9,362 Transportation The impact of this density reduction could result in a population decrease of 17,000 to 30,000 persons. This decrease in population would occur throughout the Urban Area in and around the Activity Centers and in Northeast Coastal Urban Area. If a split in dwelling units of 50% single family and 50% multi-family were assumed, the impact in terms of the traffic generation could result in approximately 75,000 to 130,000 overall trip reduction. This trip reduction would be throughout the areas identified on Map 1, particularly in and around the Activity Centers, which have developed with high concentrations of commercial uses causing levels of congestion at the intersections that may result in the need for grade separated intersections. The overall reduction in intensity in and around the activity centers should have a positive impact on the traffic congestion at the intersections. Public Facilities Table 3 identifies the potential population reduction and how that would correlate to reduced public facility needs and infrastructure. Utilizing the level of service standards identified in the Capital Improvements Element of the Comprehensive Plan multiplied by the population that will not be served, results in a reduction in overall public infrastructure. Effect on High Range Population Projections Pursuant to the Capital Improvements Element, Policy 1.1.2, a significant impact in population is defined as a potential increase in county-wide population by more than 5% of the Bureau of Economic and Business Research (BEBR) high range projections. There is no proposed increase in population as a result of this amendment, it is in fact a decrease in population of approximately 17,000 to 30,000 persons. Data & Analysis In conclusion, the data and analysis indicates a reduced impact in traffic generation, public facilities and infrastructure. In addition, the study prepared by Robinson and Cole LLP identifies that the issues with regard to property rights can be mitigated by allowing the property owner to regain the density by designing the project to include the travel demand management techniques or providing an interconnection through the project. Further, to regain the 4th unit a conservation easement can be purchased on lands that are considered to be environmentally sensitive. The data and analysis include the following: · Attachment 2, Evaluation of Proposed Comprehensive Plan Density Reduction Amendments (Urban Area only) prepared by Robinson & Cole, LLP; · Analysis of traffic impacts; · Analysis of the level of service impacts on public facilities and infrastructure; · Analysis on impact on the population projections. 3 Recommendation: That the Collier County Planning Commission forward to the Board of County Commissioners with a recommendation to transmit the amendment to the Department of Community Affairs for their objections, recommendations and comment report. Prepared By::~:Z.~-~ ~~ate: <~ ~ 7-'~' Barbara A. Cacchione, AICP, Manager Comprehensive Planning Section ,"/~ ~-~. ~'c- .._ Date: Approved By: ,. , ~------ Rob~"rt ~,. Mulhere, AICP, Director ~;~1'~npi. n'g Services Dep~'f~nent Approved B.~~~ ~-~/-~ Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division Petition CP-99-05 Exhibit A ATTACHMENT 1 PROPOSED LANGUAGE TO AMEND THE FUTURE LAND USE ELEMENT October, 1997 Comprehensive Plan~ re-adopted on September 14, 1999 but not yet effective Urban Area Density Reductions DENSITY RATING SYSTEM cc::i::encj' ':.'i*~ '~e fa!la~vmg charactc~:~c: ':.'e'a!d.~4n +~.~ .~...~ ~.~. den:iD': ~s DensiW Radng System is only applicable to areas designated Urban, Urban - Mixed Use Dis~ict, as identified on ~c Furore Land Usc Map, exclusive of ~e Urban Residential F~ge Subdis~ict, and exclusive of Urban areas encompassed by the I~okalec Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Densiw Rating System is applicable to ~e Urban Coastal Fnnee Subdis~ct to thc extent that the residential densiW cap of 4 dwelling units per acre is not exceeded, except for the densi~ bonus for Affordable Housing and Transfer of Development ~ghts. ~is Densiw Ra~g System only applies to residential dwelling units. Within ~e applicable Urban Designated Areas, a base densi~ of 4 residential dwelling units per gross acre is peri,ed, though not an entitlement. ~is base level of densiW may be adiusted depending upon ~e characteristics of the proiect as id~tifi~ ~der a. Den~W Bonyes, b. Densi~ Rcducao~ ~d c. ~iw Con~fions. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9:5.10 and 5.11 of the Future Land Use Element. 1. 5. Pre:i.m. it'.' '~ ' ~':":°-' "' ..... Proximity to Mixed Use Activity Center or Interchange Activity Center (words underlined are added, words :~a:!: t~=c~:gh are deleted, as amended in 1997; words ~aaded and undrlined are added, words shaded and :~::k ¢=cugh are deleted, as proposed by this petition) Petition CP-99-05 If the project is within one mile of a Mixed Use Activity Center or Interchange Ac.tjvity Center and locate, within a residential density band, 3-2 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a project is within the density band, the additional density applies to the gross acreage of the entire proiect. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. x..j2.-3, Affordable Housing ^ ~r~,,~,,~ u .... ~_~ r,~__,,, o ~,.~ ~ ...... cT T ,c : TO encourage ~e provision of affordable housing wi~m ~e Urban Designated Area, a max~um of up to 8 residential units per gross acre may be added to the base densiW if the project meets the defmi~ons and requkements of · e Affordable Housing Densiw Bonus Ordinance (Section 2.7.7 of ~e Land Development Code, Ordinance ~91-102, adopted October 30, 1991). In ~e Urban Coastal Fmge Subdis~ct. Affordable Housing projects must provide appropriate ~flgation consistent with Policy 13.1.2 of~e Conse~ation and Coastal Management Element. 3..__~ Residential In-fill was ......... ~ .... ,.~ ~ ......... r,k~ in ~" residential densib'. To encourage residential in-fill in areas with existing development, 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) ~e project is 10 acres or less m s~e; (b) At mc of development, the proiect will be se~ed by cenual public water and sewer; (c) ~e project is compatible with su~oundmg land uses; (d) ~e prope~ in question has no comon site development plan wi~ adjacent prope~; (e) ~ere is no co~on ownership wi~ any adjacent parcels; and ( f ) ~e parcel in question was not created to take advantage of the m-fill residential densiw bonus and was created prior to the adoption of this provision in ~e Gro~ Management Plan on Januaw 10, 1989. Roadway Access If ~e project ~ pro,des dkect access ~ou~ ~e pro{~t ~ a public roa~ay to 2 or more arterial or collector roads as identified m the Traffic Ckculation Element, 1 residential dwelling ~it per gross acre may be added. DensiW credits based on ~e roadways will be awarded if · e developer comts to cons~ct a potion of ~e roadway (as detemed by ~e CounW Transpom~on Depa~ent) or the road is scheduled for comple~on dumg ~e f~st five years of · e CIP Capital Improvements Plan. ~e Roadway Access bonus is not applicable to properties located wi~ ~e Traffic Conges~on Area. 5. Travel Demand Management Techniques To encourage the maximum utilization of the transportation networlq those properties zoned ~agrlcultural and 50 acres or greater in size as of October 26, 1999 that have a base' density of 2 units per ~ acre may add one additional unit per gross acre provided the following travel ~ ....... . . demand management techniques are included in the project: { (words underlined are added, words s~-'-zk thzm:gh are deleted, as amended in 1997; words shaded an~ undrlmed are added, words shaded and ........... ~.. are deleted, as proposed by this petition) ~ Petition CP-99-05 Mixed Use Developments e Provide a mixture of uses, internally access~le within the development including: residential land uses, personal service commercial, employment ovvortunities, home occupations, schools, parks and recreational uses, churches and institutional uses. lnterconnection · Increase number of connections to the arterial or collector system, consistent with the Access Control Policy, based on the number of dwelling units in a project. · Provide public access through proiects which connect with arterial or collector road network. · Provide vehicular interconnection from commercial pro/cots to residential projects. · Provide for shared access between projects. · Provide for frontage roads or bypass roads around an intersection. · Construction of a new collector or arterial which connects to other collector or arterial roadways. Bikepaths/sidewalks · Construction or payment in lieu for an identified pathway in the Comprehensive Pathway Plan. · Require a Pathway Plan within the development as part of the rez0ning criteria. 6. Transfer of Development Rights To encourage preservation/conservation of natural resources, density transfers are permitted within that portion of the Urban designated area subiect to this Density Rating System. However, density shall not be transferred into the Coastal Management Area from outside the Coastal Management Area. Lands lying seaward of the Coastal Management Boundary, identified on the Future Land Use Map, are within the Coastal Management Area. Density may be increased above and beyond the density otherwise allowed by the Density Rating System ia accordance for agricultural properties 50 acres of greater in size as of October 26, 1999 that have a base density of 2 units per acre with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code ~.~p,~a ,... r~a: ..... ~n, ~n'~ ~- r'~..~.~. ~n ~nn~ ag ~'v:.endc,.a. This section of the Land Development Code will be amended within one year in order to be consistent with the requirements of the Future Land Use Element.- b. Density Reduction Consistency with the following characteristic would subtract density: east),~ ~;v..._.s ~' ~":-- '.:nit get gtc:: acre ...... ..~.~'~ u.~ :ub~actcd: ......................................_ . ~ project: whz= Fhyz:ca!!y po:::blc and 1. Traffic Congestion Area If the proiect is within the Traffic Congestion Area, an area identified as subiect to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an ........... extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and (words underlined are added, words s~.:ck t.uxcugh are deleted, as amended in 1997; words shaded and ~o.~ undrlined are added, words shaded and :..*"ack tkcc'.:gh are deleted, as proposed by this petition) 0 {.~ T 2 6 ]S Petition CP-99-05 Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of th~ intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adiacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundaw of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subiect to the density reduction. 2. Base densi~ of 2 units per acre For properties 50 acres or greater in size and zoned agricultural as of October 26, 1999; and property previously zoned that has not commenced construction Pu~t to section 2,7.3.4 and 2.7.2.12.3 of the Land Development Code as the Code existed as of October 26, 19991 the base density shall be 2 units per gross acre. The base density may be increased based on the following: one unit per ~ross acre may be added ffthe project is designed to meet the standards identified under the travel dem~md management techniques. An additional unit per gross acre may be added ff the project meets the requirements under the Transfer of Development Rights Provision For those properties that the base density has been reduced, further density reduction will not occur under the Traffic Congestion Area provision Mixed Use Activity Centers ...Centers are intended to be mixed-use in character. The actual mix of the various land uses(i.e.cc:v, mcrcia!,,~.~......,'~a~-"~' ~.~...~-~..~.,~*~"'"^-~'x _ which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be, determined during the rezoning process based on consideration of the ~^' .... :-~ factors listed below. 0, ....... ;~;"' cf the Activivy Center; ........ ~ r ................ ~ _ ~ctiv NaVaral or man Other relevant factors. For residential development, if a proiect is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 44 12 residential units per gross acre may be permitted. This density may be distributed throughout the proiect, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The amou. nt, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; [.--_. - Market demand and service area for the proposed commercial land uses to be used as a gui~le to explore the feasibility of the requested land uses; (words underlined are added, words :m:z.z t.:rcag_ are deleted, as amended in 1997; words shaded tnd undrlined are added, words shaded and :meek x~-:ug~ are deleted, as proposed by this petition)! Petition CP-99-05 Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; - Adequacy of infrastructure capac. 'l, particularly roadsi - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man-made constraints~ · Rezonin~ criteria identified in the Land Development Code~ Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Codel Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s}, and internal and external vehicular and pedestrian interconnectionsl Interchange Activity Centers ...- Interconnection(s) for pedestrians, bicycles and motor vehicles with existin,~ and future adiacent proiec, tsi allowed in Interchange Activity Center # 10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. ' Interchange Activity Center # 9 shall be subiect to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meetin.~ will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequent to the development of the vision statement, new projects within Activity Center # 9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code: industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of a rezone petition shall be compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 44-12 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some Industrial land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allowed, provided each such use is reviewed and found to be compatible with existing and approved land uses. Industrial uses shall be limited to: manufacturing, warehousing, storage, and distribution. The following conditions shall be required to ensure compatibility of Industrial land uses with o[her commercial, residential and/or institutional land uses in the Interchange Activity Centers; to f (words underlined are added, words' zw.:ck L~--z~:g~ are deleted, as amended in 1997; words shaded a~d undr~ a-~-e added, words shaded and z~'~ck t.~-~ug.~, are deleted, as proposed by this petition)} Petition CP-99-05 maintain the appearance of these Interchange Activity Centers as gateways to the ~ommunity; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The (words underlined are added, words zwac!: ~.r.ugk are deleted, as amended m 1997; words sh undrlined are added, words shaded and :~.'-ck x~.ug~ are deleted, as proposed by this pet fled and TO: FROM: ELEMENT: DATE: MEMORANDUM Collier County Planning Commission Gavin Jones, P.E., Transportation Planning Manager Collier County Metropolitan Planning Organization TRANSPORTATION September 23, 1999 PROPOSED AMENDMENTS: The proposed amendments to the Transportation Element will: · update traffic circulation maps for years 2010 and 2020 consistent with an upcoming Long Range Plan Amendment by the Collier County Metropolitan Planning Organization (MPO); update lists and tables where appropriate; incorporate a build-out network for right of way preservation guidance; incorporate by reference the Corridor Management Plan for the Tamiami Trail Scenic Highway; · incorporate by reference the Public Transportation Development Plan; comply with direction given by the BCC during a review of the Transportation Element at the May 25, 1999 BCC meeting; · change the minimum standard level of service on State facilities in rural areas from C to D; and · modify the definition of"significant impact." Note: the attached maps showing number of lanes TR-6(W&E), TR-7(W&E), and TR-8(W&E) are preliminary versions that will be refined as a result of consultant work currently underway. FUTURE SYSTEM NEEDS Amend Section D.4. as follows: 4. Future Traffic Circulation Map - Year 2000 The roadways included in Table 5 are funded in the proposed 199-7-9-200-1-3 Capital Improvement Element. Update the following table and map consistent with the latest capital improvement program: · Table V- Collier County Transportation Planning Database and Capital Improvement Plan · Map TR-4W- 5 Year Capital Improvement Element Update the following maps consistent with the Long Range Plan Amendment to be adopted by the Collier County MPO in the Fall of 1999: · Map TR-6AW- Number of Lanes Year 2010 Western Collier County Words Underlined are additions; Words struck thrcuGh are deletions. · Map · Map · Map · Map · Map · Map · Map TR-6BW - Facility Type Year 2010 Western Collier County TR-6CW o Year 2010 Levels of Service - Western Collier County TR-6D - Evacuation Routes Year 2010 TR-7AW - Number of Lanes Year 2020 Western Collier County TR-7BW - Facility Type Year 2020 Western Collier County TR-7CW - Year 2020 Levels of Service - Western Collier County TR-7D - Evacuation Routes Year 2020 Add Section D.7. to comply with direction from the BCC on May 25, 1999: 7. Future Traffic Circulation Map - Build-Out This element contains an estimate of the build-out roadway needs for the county. Maps TR-8W and TR-8E depict the number of lanes estimated to be required when the county reaches build- out conditions. There is no scenario year connected to this lane need estimate, and it is included to provide guidance in the preservation of right of way. Add the following maps consistent with direction from the BCC on May 25, 1999: · Map TR-8W- Number of Lanes - Build-Out - Western Collier County · Map TR-8E - Number of Lanes - Build-Out - Eastern Collier County INTERMODAL & MULTI-MODAL TRANSPORTATION Make the following amendments due to the adoption of the Public Transportation Development Plan on August 3, 1999 and its proposed incorporation by reference into the Transportation Element (see new Policy 12.10): Remove the following maps: · Map TR-8W Future Transit Demand Centers & Transit Corridors - Western Collier County · Map TR-8E Future Transit Demand Centers & Transit Corridors - Eastern Collier County Amend Section E.3. as follows: 3. Mass Transit a. Purpose Collier County currently has no publicly sponsored fixed route bus system. Private services offered in the County are fixed route "trolleys" which operate during the winter season in Naples and on Marco Island, and a network of para-transit providers that offer transportation services to the disadvantaged..~.!=c, = =chcd'--'!=d :!rpc."t ch'.'.*t.!~ .... """ ~ cff~r~d ~,.,~ ...... hA ...... '~ .Hap!ss ""'~ ~"'* ...... k~,-, .... '~ *~'" ~"' '*~' ..... * :'"';"" ~"~;"""' ~.!rpc~ The Transportation Disadvantaged (TD) program is coordinated by Tri County Sen!ct Set: Collier County, which has been designated as the Coordinated Provider by the NaCee-Coll Words Underlined are additions; Words struck through are deletions. County Metropolitan Planning Organization (MPO). The TD services ........ ~,~,,,~ h ...... ~ .... SCClCl CC.";!CC =gcr. c!c= =r.d offers home pick-up and delivery transportation for the elderly, handicapped, and economically disadvantaged in the County. The "trolley" systems mentioned above are run primarily for the tourist segment of the population and have fixed routes that visit the major shopping, beach and hotel interest points. b. Future System Needs Words Underlined are additions; Words struck through are deletions. On August 3, 1999 the Board of County Commissioners adopted the Public Transportation Development Plan (PTDP), and agreed to become the Governing Agency for Transit in Collier County. The PTDP contains estimates of un-met need in Collier County, both for the existing TD services, and for general public transportation. It contains planning level discussions on demand centers, route locations, vehicle sizes and types of services. The PTDP recommends, as the backbone of the public transportation system, deviated fixed route service, in which buses would follow a fixed route, with the ability to deviate from that route to pick up disabled passengers curbside at their residence. This service could be provided by a private agency under contract to the county. Other services proposed in the start up public transportation system are a vanpool program, circulator service in Immokalee, an Immokalee to Naples shuttle service, and a Commuter Assistance Program. Although the PTPD final report suggested the need for numerous public transportation services in Collier County1 the scale and growth rate of the initial system was such that no local funding contribution was predicted to be required until fiscal year 2006. This situation is the result of gradual changes in the requirements for local matching funds that accompany state and federal grant funds. Collier County is already spending funds on public transportation that meet the match requirements. GOALS OBJECTIVES AND POLICIES With one exception, amend the following objectives and policies to comply with direction from the BCC on May 25, 1999. The exception: the change in minimum standard level of .. service on state facilities in the rural area (Policy 1.4) is the proposed response to a level of service deficiency on State Road 29 for which no improvement is funded: OBJECTIVE 1: The County will maintain the major roadway system (excluding State highways) at an acceptable Level of Service by implementing improvements to restore acceptable level of .service to the following roadways that have been identified as operating belowJ, eve~-ef-~e,w~ "D" their minimum standard level of service. CIE ~ Roadway From To 3! Bonito Beech Rc:d W. cf V=nd~rb!!t Dri':~ 41 Pine Ridge Rd. Airport Rd. 1-75 Airport Road Golden Gate Parkway Radio Rd. 62 Golden Gate Boulevard CR951 Wilson Blvd. 71 Immokalee Road CR951 Wilson Blvd. Words Underlined are additions; Words struck through are deletions. Policy 1.3: County aderial and collector roads shall be maintained at Level of Service "D" or better on the basis of the peak season peak hour traffic volume. Level of Service "E" or better shall be maintained on the following designated roadways. Roadway Airport-Pulling Road Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road Tamiami Trail East From Pine Ridge Road Airport-Pulling Road Pine Ridge Road US 41 Airport-Pulling Road Four Corners To Golden Gate Parkway Santa Barbara Blvd. Golden Gate Parkway Golden Gate Parkway 1-75 Goodlette Frank Rd. Tamiami Trail North Pine Ridqe Rd. Solana Rd. The County has declared as "constrained" the following segments: ROADWAY From To Vanderbilt Beach Rd. Gulfshore Dr. U.S. 41 Level of Service "D" or better shall be maintained on all other arterial and collector roads, however, any section of road may operate at Level of Service "E" for a period not to exceed two (2) fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropriate improvements. The Naf~Collier County) MPO shall determine the optimum LOS for each county road segment. This will be done by more accurately identifying the traffic volumes that correspond to the different LOS thresholds on county roads, and more accurately quantifying the peaking characteristics of traffic on county roads. The first component of this is to update the LOS tables in the Transportation Element to best reflect current conditions on county roads. The second component is to begin installing, as funds permit, permanent traffic count stations, to better identify the peaking characteristics of traffic on county roads. The third component will be to amend the Capital Improvements Element to implement findings. Policy 1.4: For the purpose of regulating development orders, Collier County has adopted the following level of service standards for state maintained roads: Rural Area Existing Urbanized Area Transitioning Urbanized Area I- 75 B C C US- 41 GE) D* D J SR- 84 GE) D D I SR-951 D D* SR- 29 GE) J SR- 82 G__D - I The segment of US 41 from Airport-Pulling Road (CR-31) to Rattlesnake-Hammock Road (CR-864) and the segment of SR-951 (Isle of Capri Road) from New York Drive to the Marco Bridge have been designated as "backlogged" roadways by the Florida Department of Transpodation Reconstruction along these segments Wild be expedited by FDOT Words Underlined are additions; Words struck through are deletions. AGL~A ITU 5 It should be noted that FDOT has different LOS standards for state roads. The Na~Collier County) Metropolitan Planning Organ,zation shall conduct a study to research the implications of these different LOS Standards that FDOT has established for state roads by area type. Establishing unreasonably high LOS standards in the fringe "transitioning urban area" may require the diversion of revenues from more congested areas with lower levels of service standards, in order to maintain the high standards established in the outlying areas. Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects show in the annual element (first year) of the Scccr. d=r-; .D.c=d Prc~,r_~m Annual Update and Inventory Report (AUIR). Policy 3.3: By June 1998, Collier County's Transportation Department, ~"" ''~ r-,,,,i,.,~ ~,,,..~,,.,,. ~Public Works Engineering Department and the NaCee-(-Collier County) Metropolitan Planning Organization will develop standards, criteria and implementation guidelines for right-of-way acquisition. Provision for landscaping shall be consistent with Collier County Corridor management planning policies (see Future Land Use Element Policy 4.2 and Transportation Element Policy 7.4). The County shall acquire sufficient amount of right-of-way to facilitate no less than a cross section of (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at . build-out will be less than the standard. Maps TR-8W and TR-8E show roadway cross sections required to provide acceptable level of service given build-out land uses as currently identified in the Future Land Use Element. Policy 4.2: The-County shall provide for support services, resources and staff within the ~Collier County) Metropolitan Planning Organization to coordinate the Bicycle/Pedestrian Program. Policy 4.3: The County shall provide an interconnected and continuous bicycle and pedestrian system by making the improvements identified on the 2020 Pathway Facilities Map series. The county's pathway construction program should be consistent with the Comprehensive Pathway Plan. The Pathway Advisory Committee should provide recommendations on the choice of projects to be included in the pathway construction program, and the order in whi,ch they are constructed. Policy 6.1: The Transportation Element shall incorporate to the greatest degree possible, the long range plans of the Na~Collier County) Metropolitan Planning Organization. Words Underlined are additions; Words struck through are deletions. Policy 6.5 The ~eles-Collier County MPO'_s !995 & 2010 ~!an= ha';c adopted Lonq Range Plan has identified a need for an interchange at 1-75 and Golden Gate Parkway. An Interchange Justification Report shall be prepared by the Florida Department of Transportation and submitted to the Federal Highway Administration by October t, 19989. Policy 12.1: The Naf~s-(-Collier County) Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. Policy 12.2: The County shall coordinate the development and maintenance of any ~transit development plans with the ~Collier County) Metropolitan Planning Organization and the Florida Department of Transportation. Policy 12.3 The Nat~les~Collier County) Metropolitan Planning Organization shall monitor the need and desirability of implementing a transit system and will coordinate the development of any transit development plans. Policy 12.5: The County shall participate in the MPO planning process through an interlocal agreement with the City of Naples and the City of Marco Island, and in a Joint Participation Agreement with the FDOT. Add the following policy due to the designation of the first fifty miles of Tamiami Trail west of the Dade County line as a State Scenic Highway (see the attached memo from FDOT): Policy 10,3 The County shall incorporate by reference the COrridor Management Plan for the Tamiami Trail Scenic Highway, which formed part of the application for Scenic Highway designation authorized by the Board of County Commissioners on November 3, 1998. Add the following policy due to the adoption of the Public Transportation Development Plan on August 3,1999: Policy 12,10 The County shall incorporate by reference the Public Transportation Development Plan adopted by the Board of County Commissioners on August 3, 1999. Amend the following policy to change the definition of "significant impact," to more accurately reflect the community's chosen standard for level of service: Words Underlined are additions; Words struck through are deletions. Policy $.2: Significant Impact is hereby defined as generating a volume of traffic equal to or greater than 5% of the L=,.,=I cf S=.-:~c= C minimum standard level of service peak hour volume of an impacted roadway. Gavin JoNes, P.E., tion Planning Manager Reviewed by: ~ "Rol:~ert Muihere, AICP, Planning Services Director utero, AICP, Community Development & Environmental Services Administrator Date:f,- Words Underlined are aclditions; Words struck through are deletions. OCT 2 $ %29 ° 5 LEE CO. MAP TR-4W YEAR CAPITAL IMPROVEMENT ELEMENT MAP WESTERN COLLJER COUNTY NENDRY CO. COLLIER CO, C.R. 846 COLLIER CO. S.R. 84 I - 75 42 MAP TR'6AW Number of Lanes Year 2010 Western Collier County ~-~,.--- County~ride Permanent Population 3&8,100 m~d'~ coum~ mm m~Mgm~ mmLmm upu~ mMm tmg~dcljm~,y.4mmmLm pm~ MAP TR-6BW FACILITY TYPE - YEAR WESTERN COLLIER COUNTY 2010 LEE CO. COLLIER CO. HENDRY CO. COLLIER CO. :i ~ CCXJNTY. FLORIDA o~- ~u~,/c° YEAR lEE CO. COLUER CO. COUNTY, FLORIDA LInC MAP TR-6CW 2010 LEVELS OF SERVICE WESTERN COLLIER COUNTY HENDRY CO. c'-~ ............. ] ..... ;~-';;7 ...... CUL~- O~ 4~.~C° 55 Evacuation Routes Y~a~ 2010 TRAN- 57 S Number of Lanes Year 2020 Western Collier County MAP TR-7AW Countywide Per,,~r, enz Population &26,300 = :--- ., O,...".'r 2 ~ MAP TR-7BW FACILITY TYPE - YEAR WESTERN COLLIER COUNTY 202O HENDRY CO. i .I- ~ '~;.. i COUJER CO. I '""~ .' ...... -'~-.,,,. ~ -.I~i c~. o~- ~Co 60 / YEAR i LEE CO. MAP TR-7CW 2020 LEVELS OF SERVICE WESTERN COLUER COUNTY HENDRY CO. co~. o~ 4~,~/Co 62 HAP TR-TD EvacuaTion RouTes Year 2020 Number of Lanes Build-Out Western Collier County MAP TR-8W mum m · NUMBER ~.~ '~-8E OF LANES - BUILD-OUT FLORIDA DEPARTMENT OF TRANSPORTATION MEMORANDUM DATE: December 17, 1998 TO: Susan King Dizzier One Scenic Highways Coordinator lmO uddy Cu.nill (~" ~'State Scenic Highways Administrator CC: · DIST. ONE PLANNING DEC 211S98 , FDOT- BARTOW Scenic Highways Advisory Committee, C. Leroy Irwin, Lyrme Marie Whately Sugg~tioms fi'om the Scenic Highway Advisory Committee Regarding the Tamiami Trail Designation Application Consistent with the recommendations of the Scenic Highways Advisory Committee (SHAC) during their review of the Tamiami Trail Designation Application, the following Program elements should be addressed during the next year and their compliance recorded in the first Annual Report for the designated corridor. , The Program elements which must be addresses over the next year are: 1) Incorporation into the local government comprehensive plan of Collier County the follOwing it~n~.' : 1) a map displa~ the scenic corridor, 2) the Corridor Vision statement, and 3) the Goals, Objectives and Strategies specifically related to Collier County. 2) A signed Corridor Management Entity Agreement. Along with this, the SHAC recommends that the Corridor Advocacy Group/Corridor Manag~t Entity consider the following suggestions: I) Broaden goals and objectives in the CMP to address laad tree for non-public lands; greater consideration of wildlife crossings and movements along the corridor;, and consideration of water hydrology movement along the corridor to suplxaX adjoining natural systems. A) Continue to work with Collier County to address preservation and protection of land use for non-public lands, Continue to work closely with reSOUlVm ag~ngi~s and the ~t to address B) c) to address consideration of water hydrology movement to support adjoining natural systems. __ 2) Consider vegetative management planning along the corridor for exotic plant removal and promoting native species. 3) Use tourist-oriented signage to make the experience easier and safer for eeo-tourists and' establish a standard type of informational signage that is easy to recognize and understand especially for international tourists. 4) Work with local government for a more positive commitment on the control of outdoor signs. 5) Protect archeological sites along the corridor fi'om disruption by not identifying their exact location. Provide educational opportunities for these sites rather than direct visitation. Congratulations again on the designation of Tamiami Trail as a Florida Scenic Highway. The hard work and dedication of yourselL citizens, Collier County, the MPO and others members of the Comdor Advocacy Group demonstrates that a partnership with shared goals can accomplish wonderful things and improve the quality of life in Florida. Those of us involved in the Scenic Highways Program look forward to the continued success of the Tamiami Trail. Your achievements will certainly serve as a model for other comdors to follow. G:XJOBS\95X95R0360 l~3Oc~TWo-33Xsusaxanemo.wpd AGENDA ITEM 7-A MEMORANDUM COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES PLANNING SERVICES SECTION TO: FROM: RE: DATE: Collier County Planning Commission Stan Litsing~rincipal Planner Element: Capital Improvement Sub-Element: N/A August 25, 1999 Proposed Amendment: The proposed Annual Update and Amendment to the Capital Improvement Element consists of updates to the Costs and Revenues on pages CIE 47-48 and additions, deletions, and changes to the Schedule of Capital Improvements, on pages CIE 17- 46. Amendments to GOP's, pages CIE 2-15 are as follows: mo Amend Policy 1.1.2, paragraph B, page CIEo3 to reflect the change in population projection methodology to use BEBR high range groWth rate through 2000 and medium range thereafter. B. Amend Policy 1.1.2, paragraph D.2. page CIE-4, to reflect the new title of County Adrninistrator versus the previous "Manager". C. Amend Policy 1.1.5, pages CIE-5-6, to reflect changes to Level of Service Standards as directed by the BCC upon presentation of the 1998 AUIR. The aforementioned updates and amendments are intended to implement the direction to staff resulting from presentation of the 1998 Annual Update and Inventory Report on Public Facilities (AUIR) to the BCC on January 12, 1999. Attachments SL/mk/f:\comp. planning stan EXHIBIT A CAPITAL IMPROVEMENT ELEMENT Ninth Annual Update & Amendment COLLIER COUNTY, FLORIDA GROWTH MANAGEMENT PLAN Prepared by Comprehensive Planning Section 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT *INDICATES ADOPTED PORTION NOTE: THE SUPPORT DOCUMENT IS UPDATED PERIODICLY AS NEW DATA AND INFORMATION BECOMES AVAILABLE. Words underlined are additions; Words are deletions I. INTRODUCTION In 1985 and 1986 the Ftodda Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities ..." (Section 163.3177(3), Flodda Statutes). The Capital Improvement Element (CIE)must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "... an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (41), Florida Administrative Code). CIE- 1 Words underlined are additions; Words ct,"-'ck through are deletions CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1: Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are needed in order to achieve and maintain the standards. Policy 1.1.1: The County shall establish standards for levels of service for three categories of public facilities, as follows: Category A public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category A County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category A facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are facilities for the County's library, jail, emergency medical service, other government buildings, and dependent fire districts. The standards for levels of service of Category B public facilities shall apply to the County's annual budget, but not apply to development orders issued by the County. Category C includes those facilities operated by Federal, State, and municipal governments,.. independent districts, and private organizations. The standards for levels of service of Category C facilities shall be advisory only, and shall not apply to the development orders issued by the County or the County's annual budget. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatus, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. CIE- 2 Words underlined are additions; Words -..tPJck through are deletions Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs ~f future growth shall be determined for each public facility by the following calculation: Q = (S x D)- I. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. Bo The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development with consideration of their impact on both the vadable "D" in the formula Q = (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts either: (1) a roadway segment already operating and/or projected to operate within one year at an unacceptable Level of Service or; (2) the BEBR high range ,qrowth rate population projections throu.qh the year 2000, and then the BEBR medium ran.qe .qrowth rate thereafter, for the variable "D", unless one or more of the following simultaneously occur: Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; The adopted population standard~..__,/'"='"~. h!gh ,_,,~. ........ ~.,v,.v.,v,~"*~""~,, used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. Co Significant impact is hereby defined for Section B of this Policy as generating potential for increased County-Wide population greater than 5% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 5% of the Level of Service C peak hour volume of an impacted roadway. CIE- 3 Words underlined are additions; Words ~*" '"~- *~- ..... ~' are deletions There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County ~ Administrator. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. Policy 1.1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any othe. r governmental entity providing public facilities within Collier County. Policy 1.1.4: Public facility improvements within a category are to be considered in the following order or priority: Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. New facilities that provide the adopted levels of service for new growth dudng the next five fiscal years, as updated by the annual review of the Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following pdodty order to serve: 1. previously approved orders permitting redevelopment, 2. previously approved orders permitting new development, 3. new orders permitting redevelopment, and 4. new orders permitting new developments. CIE- 4 Words underlined are additions; Words st,"--'ck thrcu~h are deletions Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. New facilities that exceed the adopted levels of service for new growth dudng the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or providing higher quality public facilities than are contemplated in the County's normal design cdteda for such facilities. Policy 1.1.5: The standards for levels of service of public facilities shall be as follows: CateQory A Public Facilities A1 County Roads: A1.1 County arterials and collector roads: Level of Service as indicated "._" below on the basis of peak hour, peak season traffic volume: Level of Service "E" on the following designated roads: Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road -Roads From - To Airport-Pulling Road Pine Ridge Road to Golden Gate Parkway Airport-Pulling Road to Santa Barbara Boulevard Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to US 41 Airport-Pulling Road to 1-75 A1.2 The County has declared as "constrained" the followin,q segment: Vanderbilt Beach Road US 41 to Gulfshore Ddve Level of Service "D" peak hour, peak season on all other County artedal and collecto'~- roads, however any section of road may operate at Level of Service "E" for a period not to exceed two fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropriate improvements. Development orders may be issued dudng the two year pedod to the extent their issuance is consistent with Policies 1.5.3 and 1.5.4 of this Element. A2 State and Federal Roads: EXISTING RURAL AREA 1-75 B US41 C SR-84 C SR-951 - SR-29 C SR-82 C TRANSITIONING URBANIZED AREA URBANIZED AREA C C D D D D D D CIE- 5 Words underlined are additions; Words -+" ,"~- +k ..... h ............. ~,, are deletions A3 County Surface Water Management Systems: A3.1 A3.2 Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. Existing "private" developments and existing or future pubfic drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. A4 A4.1 A4.2 A4.3 County Potable Water Systems: County systems County Water Distdct - 185 gallons per capita per day Goodland Water Distdct - 163 gallons per capita per day City of Naples = 163 gallons per capita per day City of Everglades - 163 gallons per capita per day in incorporated service area Pdvate potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. A5.1 A5 County Sanitary Sewer Systems: County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 121 gallons per capita per day A5.2 City of Naples = 121 gallons per capita per day A5.3 Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. A6 County Solid Waste Disposal Facilities: A6.2-1 Two years of ,~..,,.m,, ,~...,..4 ,....,, ,~; ..... , .....i~,, .,, ....... fi!! '"*"" _ . ..................... ~. ..... ~. .... · _. p ..... * ..... constructed lined cell capacity at the average disposal rate for the previous five (5) years A6.$ 2 Ten years of ~o,,,4¢~,, ..... ,.,,,,~ ..... ~*,, .-* ¢~'~ --*-o permittable capacity at the _ . ..................~, .... · _, prese,",t ......... avera.qe disposal rate for the previous five (5) years. A7 County Parks and Recreation Facilities: A7.1 A7.2 A7.3 Category B B1 B2 B3 B4 Regional Park land Community Park land Recreation facilities Public Facilities: County Library Buildings · 0.33 square feet per capita County Library Collection · 1.30 5 books per capita County Jail · 0.0024 beds per capita County Emergency Medical · .000068 EMS units per CIE- 6 Words underlined are additions; Words "*" '"~ *~' ..... ~' are deletions = 2.9412 acres per 1,000/pop. = 1.2882 acres per 1,000/pop. = $179.00 capital investment per capita (at current cost) Service capita B5 County other Government : 2.58 square feet per capita Buildings ' B6 County Dependent fire distdcts: B6.1 Isle of Capd Distdct = 0.00097 apparatus and stations per capita B6.2 Ochopee Distdct = 0.00057 apparatus and stations per capita Category C Public Facilities: C1 Municipal Streets: C1.1 City of Naples C1.2 Everglades City = not to exceed annual average capacity of "C" for all streets = annual average of '%" for all collectors C2 C2.1 Federal and State Lands Surface Water Management: Federal Lands Surface Water Management = to protect Natural Resources, development allowed will be designed so drainage will have no adverse impact on resources. (No measurable standard) C4 C2.2 C3.1 C3.2 C4.1 State Lands Surface Water Management = leased lands for agriculture to have best management practices per clean water act. (No measurable standard) Municipal Surface Water Management: City of Naples = maintain existing level of service. New development to conform with County surface water Everglades City = 10 year - 24 hour storm event Municipal Potable Water Systems: Everglades City = 135 gallons per capita per day, plus 21% for non-residential C5 Municipal Sanitary Sewer Systems: C5.1 Everglades City = 100 gallons per capita per day plus 21% for non-residential C6 C6.1 C6.2 Private Solid Waste Disposal Facilities: City of Naples = 1.55 tons per capita. Everglades City = 1.55 tons per capita C7 C7.1 Federal and State Parks: Federal Parks: Everglades National Park, Big Cypress Preserve - to protect environmentally sensitive lands. Boundaries set by legislation. (No measurable standard) C7.2 State Park: C7.3 State Recreation Words underlined are additions; Words o*" '"~' *~' ..... ~, are deletions Policy is not to develop more than 20%. (No measurable standard) no particular size, physical development Standard is of CIE- 7 Area: limited to no more than 50% of land area. C8 C7.4 C7.5 C7.6 C8.1 C8.2 State Preserves: To maintain exceptional objects to conditions. Physic,, I development limited to no more than 5% of land area. (No measurable standard) State' Museum: No standard for size State Ornamental Garden: No standard for size Municipal Parks and Recreation Facilities: City of Naples: a. Community Parks b. Neighborhood Parks c. Beaches d. Recreation Facilities Level of Service Standards: 1. Basketball Courts 2. Baseball Fields 3. Beach Access Points 4. Boat Ramps 5. Bike Trails 6. Community Centers 7. Football Fields 8. Horseshoe Pits 9. Meeting Rooms 10. Pavilions 11. Picnic Areas 12. Play Areas 13. Racquetball Courts 14. Shuffleboard Courts 15. Swimming Pools 16. Tennis Courts 17. Volleyball Courts 2 acres/1,000 population 1 acre / 1,000 population 1 mile/25,000 population 1/5,000 population 1/5,000 population 1/1,000 population 1/6,000 population 1/1,500 population 1/8,000 population 1/10,000 population 1/2,500 population 1/6,000 population 1/5,000 population 1/5,000 population 1/6,000 population 1/2,500 population 1/2,500 population 1/25,000 population 1/2,000 population 1/4,000 population Everglades City: Community Parks Recreation Facilities: 1.25 acres/534 population 1. Basketball Courts = 1/534 population 2. Baseball Fields = 1/534 population 3. Bike Trails = 1/534 population 4. Community Centers = 1/534 population 5. Football Fields = 1/534 population 6. Pavilions = 1/534 population 7. Picnic Areas = 1/534 population 8. Play Areas = 1/534 population 9. Tennis Courts = 1/534 population CIE- 8 Words underlined are additions; Words ct,"'_'ck thrcush are deletions OCT 2 6 t:T9 C9 C10 Cll Private Recreation Facilities: a. No standard in industry b. Collier County Usable Open Space Requirement Ordinance #82-2 Sec. 7.27 1. Planned Residential Developments = 60% of gross area shall be devoted to usable open space 2. Commercial, Industrial, & Mixed Purpose Development = at least 30% of gross area shall be devoted to open space 3. Dedication of usable open space = Maximum of 8% of gross project site Public Schools: a. K - 5 Elementary School = b. 6 - 8 Middle School = c. 9 - 12 High School = 832 students/building 1100 students/building 2200 students/building Public Health Facilities: County Government Buildings standard of 2.58 sq. ft. per capita includes the County's public health facilities. CIE- 9 Words underlined are additions; Words ~'-,"~' °~' .... ,,h are deletions FINANCIAL FEASIBILITY OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development°s payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision · of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or wom out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). Policy 1.2.4: .. Public facilities financed by non-enterprise funds (i.e., roads, surface water management, parks, library, emergency medical service, jail, other government buildings, and dependent fire districts) shall be financed from current assets (pay-as-you-go financing) except as otherwise provided in this policy. Public facilities financed by non-enterprise funds shall not be financed by debt unless such borrowing is the only financing technique available that will enable the County to provide facility capacity sufficient to meet standards for levels of service concurrent with new development. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the five year capital improvements plan or for excess capacity. Policy 1.2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. CIE- 10 Words underlined are additions; Words -+-'"~- *~-ou''~' are deletions Policy 1.2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopteci in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.7: The County shall continue to collect impact fees for Parks and Recreation~ EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. Policy 1.2.8: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth dudng the next five (5) fiscal years; Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; Do Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. Do not issue development orders that would continue to cause a deficiency based' on :the facility's adopted level of service standard. Policy 1.2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Flodda Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. CIE - 11 Words underlined are additions; Words o+-'"'~- *~' ..... ~' ............. ~,, are deletions PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. Policy 1.3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element. Policy 1.3.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development (thus obligations for infrastructure expenditures) to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. Policy 1.3.3: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and will develop a program to expand the availability of such including funding options for acquisition within one year of adoption of the Seventh Annual CIE Update and Amendment. CIE- 12 Words underlined are additions; Words stP--'ck through are deletions PROVIDE NEEDEDIMPROVEMENTS OBJECTIVE 1,4: The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy 1.4,1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements in the "Requirements for Capital Improvements Implementation" section of this Capital Improvement Element. The Schedule of Capital Improvements may be modified as follows: A. The Schedule of Capital Improvements shall be updated annually. Bo Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times dudng any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. Pursuant to Florida Statutes 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. Policy 1,4.2: Ail Category A public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy 1.4.3: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures dudng the appropriate fiscal year. Projects for which appropriations have been made in the annual budget will not be removed once they have been relied upon for the issuance of a building permit. The County may also include in the capital appropriations of its annual budget additional public facility projects that conform to Policy 1.1.2 (B.3) and Policy 1.1.4(C) and (E). Policy 1,4.4: The County shall determine, pdor to the issuance of building permits, whether or not there is sufficient capacity of Category A public facilities to met the standards for levels of service for existing population and the proposed development. No building permit shall be issued unless the levels of service for the resulting development will achieve the standards in Policy 1.1.5, Category A, and the requirements for Concurrency Management as outlined in the policies within Objective 1.5 of this element are met. Policy 1,4,5: Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements will be limited to Service Areas established within the boundaries designated on Map PW-1 titled, "Collier County's Three (3) Water and/ or Sewer Districts Boundaries", appearing in the Public Facilities Element for water and sewer. Roads improvements will be provided as designated on Map TR-4W titled, "5-year Capital Improvement Element Map", appearing in the Traffic Circulation Element. All other public facilities and se~!~c~._types will be provided on a County-Wide availability basis. CIE- 13 Words underlined are additions; Words -*-'"'~' *~' ..... ~' are deletions CONCURRENCY MANAGEMENT OBJECTIVE 1.5: .-. To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part II, Flodda Statutes and Rule 9J-5.0055, Flodda Administrative Code. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a building permit to achieve and maintain adopted level of service standards. Policy 1.5.1: The concurrency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: The necessary facilities and services are in place at the time a building permit is issued; or The necessary facilities and services are under construction at the time a building permit is issued; or The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Flodda Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur. Policy 1.5.2: The concurrency requirement for the Recreation and Open Space Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: Compliance with any one of the standards set forth in Policy 1.5.1 A, B and C is met; or Bo At the time the building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construct- ion of the required facilities within one year of the issuance of the building permit; or The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. CIE- 14 Words underlined are additions; Words -*"'"~' +~'rc' '"~' are deletions pg. Policy 1.5.3: The concurrency requirement of the Traffic Circulation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: A. Compliance with any one of the standards set forth in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met; or B. In areas in which Collier County has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the concurrency requirement of the Traffic Circulation Level of Service Standards would be achieved or maintained if all of the following standards of the Concurrency Management System, based upon an Adequate Capital Improvements Program and adequate implementing regulations are met: o o A Capital Improvement Element and a five-year Schedule of Capital Improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The Capital Improvement Element and Schedule of Capital Improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. A five-year Schedule of Capital Improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a pdority to be eliminated dudng the five-year pedod under the Schedule of Capital Improvements. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required ,to serve the development authorized by the building permit and which public facilities are included in the five-year Schedule of Capital Improvements. A five-year Schedule of Capital Improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. A five-year Schedule of Capital Improvements which must demonstrate that ail actual construction of the road facilities and the provision of services is scheduled to commence in or before the third year of the five-year Schedule of Capital Improvements. A plan amendment is required to eliminate, defer or delay construction of any road project which is needed to maintain the adopted level of service standard and which is listed in the five-year Schedule of Improvements. Policy 1.5.4: The County shall continue to implement, a Concurrency Management System,_as identified in the Adequate Public Facilities Ordinance No. 96-53, codified in Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 1.5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhedng to the adopted Level of Service Standards and its Schedule of Capital Improvements. CIE - 15 Words underlined are additions; Words ~*-'"'~- *~' ..... ~ ............. ~,, are deletions REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITALIMPROVEMENTS The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its cost dudng each of the next five fiscal years is shown in thousands of dollars (000). The month and year for actual commencement of construction and the month and year each project will be completed (in service) is indicated. Each project in Category A is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. Each project in Category B is consistent with the level of service standards as identified within this element. Optional elements were not developed for Category B facilities. CIE- 16 Words underlined are additions; Words st,"--'ck thrcugh are deletions 0 © CD I.- Z U.I I... Z fl. 0 0 0 o I- Z uJ I-- Z 0 ,.,I 0 0 ~4 0 u~ 0 0 0 0 0 0 0 I- z z zI 0 0 n~ 0 ~ m n, UJ Z ~ z 0 0 0 0 ~u 0 0 0 0 0 0 ~t IL, IL. I- 1~1 0 0 0 0 I,- Z .J I,.- 1,1.1 0 13. t,.- UJ Z 0 0 0 0 0 0 0 Z UJ ~U .J ~U Z U~ 0 '~ 0 0 0 0 0 0 0 IAI o o UJ 0 LU --I _l 0 Z 0 ~ ./_A(.~> / o o o ~ g ~ o o ',.4 0 0 0 0 0 0 I"- I'- ~ f"- ~,-- h" t,-- LAJ U,] iii IAI UJ IAI IAI UJ ,_l _l _l _l _i ..I m,, m, -i e, o. ix. ,", I1. o,. m,, o1~ Ix. 0 0 0 0 0 0 u. ~. 0 ,,, =_~, = .=_~_ z COSTS & REVENUES BY TYPE OF PUBLIC FACILITY {Xll) In the table below, the left column itemizes the types of public facilities and the sources of revenue. The center column contains the 5-year (FY99-03) amounts of restricted revenues. The right column is a calculation of the deficit for each type of public facility. All deficits are accumulated as a subtotal. Below the subtotal deficit is the source of additional revenue that will be used by the County to pay for the deficit in order to maintain the standards for levels of service listed in CIE Policy 1.1.5. COUNTY ARTERIAL & COLLECTOR ROADS LESS Available Revenues: Gas Taxes Road impact Fees Carry Forward Miscellaneous State Reimbursements ~ $62,763,OOO 29-,268¢;~ 33,290,O00 3!.268,000 34.741.000 ~ 3.010.000 275,000 575,000 DRAINAGE PLANS AND PROJECTS Less MSTU Bonds Developer Contributions SFWMD DEP Naples 13,058,000 1,288.0O0 5,725,000 1,126,000 1 ,OO2,O0O WATER & SEWER SYSTEMS LESS System Development Fees/User Fees SOLID WASTE/LANDFILL Surplus* Deficit Balance Balance $100,552,000 134,387.000 33.827.000 300.000 300;-000 27,785,000 22,199.000 (5,586,000) ~4,887,000 77,483.00O 77,483,O0O 0 PARKS & RECREATION LESS Available Revenues: Park Impact Fees ~ !4,900,000 Boating Improvement Funds 500,000 7.50,000 Bond/Loan Proceeds 14,100,000 CIE- 47 Words underlined are additions; Wor~s w:uh struck Deficit %hrough 29,750,000 29,750,000 are delesions EMERGENCY MEDICAL SERVICE LESS EMS Impact Fees JAIL Less Bond/Loan Proceeds LIBPJ~RY Buildings Collection ¥otal Library Costs ~e04~)OO 4.619.100 ~ 3,565:700 -8~¢A~80 8,184,800 LESS Library Impact Fees GOVERNMENT BUILDINGS FIRE DISTRICT Isle of Capri Ochopee Deficit Balance Deficit Balance Deficit Balance '~ ~n,., nnn 2.244.000 ~ 2,000.000 ~,~ o'~ nnm (244.000~ 6.7~n nnn 14.641.0b,, 0 ~ 4.056.000 ~ 4.128,800 0 (1.220.000) 0_ 0 0 0 Subtotal Deficit of Restricted Revenue vs. Costs** ADD Unrestricted Revenues: Ad Valorem Taxes Balance ("q,~, 490,600), (9,958,800) g,@58.800 Notes: * Funding for non-CiE transportation projects and reserve for future CIE projects. " Excludes transportation restricted surplus. CIE- 48 Words underlined are addi~zcns; Wcr~s wzth struck -~krough are ~eie~-ions PROGRAMS TO ENSURE IMPLEMENTATION ~rough continued implementation of adopted land development regulations the following programs nave been implemented to ensure that the goals, objectives and policies established in the Capital Improvement Element will be achieved or exceeded. 1. Buildinq Permit Review As part of the review of all applications for building permits, the County will determine whether or not there will be sufficient capacity of Category A public facilities to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. 2. Development Order Review As part of the review of requests for all development orders having negative impacts on Category A Public Facilities other than building permits, the County will determine whether or not sufficient capacity of Category A public facilities is planned for completion concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. 3. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy 1.1.5~ 4. Annual Budqet The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. 5. Semiannual Report The mandatory semiannual report to the Department of Community Affairs concerning amendments to the comprehensive plan due to emergencies, developments of regional impact and selected small developments will report on changes, if any, to adopted goals, objectives and policies in the Capital Improvement Element. 6. Update of Capital Improvement Element The monitoring of and adjustment to the Capital Improvement Element to meet the changing conditions must be an ongoing process. Beginning in August of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR population estimates and projections. The update will include: 1. Revision of population projections; 2. Updates of facility inventory; 3. Update of unit costs; Update of facilities requirements analysis to project 10 year needs (by fiscal year) order to program projects to meet the service standards. Update of revenue forecasts in order to evaluate financial feasibility and the County's. .ability to financecapital improvements needed to meet the service standards Revise and develop capital improvement projects for the next five years. The-first year's .,,,., .... ,..,,,. ..................... , ...... ,, .............. . ....... CIE 49 Words underlined are additions: Words struck through are deletions 7. Update of the public school and health facilities analysis. 7. Concurrency Management System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: Annual monitoring report on the capacity and levels of service of public facilities compared to the standards for levels of service adopted in Policy 1.1.5. of this Element. The report summarizes the actual capacity of existing public facilities and forecast the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. This annual report constitutes evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders during the 12 months following completion of the annual report, This report is the Annual Update and Inventory Report on Public Facilities (AUIR). B Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 2 to enforce the requirements of Policies 1.5.1, 1 5.2 and 1.5.3 of this Element Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital improvement Element: Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. CIE 5o Words underlined are additions; Words struck through are deletions 8. Second 5-year Evaluation and Ap,praisal Repor~ _The required Second 5-year evaluation and appraisal report will address the implementation of the 9als, objectives and policies of the Capital Improvement Element. The monitoring procedures ,]ecessary to enable the completion of the 5-year evaluation include: a. Review of annual reports of the Concurrency Management System: Review of semiannual reports to DCA concerning amendments to the Comprehensive Plan; and Review of annual updates of this Capital Improvement Element, including updated supporting documents. CIE 51 Words underlined are additions; Words struck through are deletions AGENDA ITEM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION. PLANNING SERVICES DEPARTMENT. COMPREHENSIVE PLANNING SECTION DATE: September 7. 1999 RE: PETITION NO. CP-99-08, GROWTH MANAGEMENT PLAN AMENDMENT AGENTtAPP L ICANT: Applicant: Bonita Bay Properties 3451 Bonita Bay Boulevard Bomta Springs, FL 34134 Agent: R. Bruce Anderson Young, Van Assenderp, Varnadoe & Anderson 801 Laurel Oak. Suite 300 Naples. FL 34108 Owner: .Bonita Bay Properties 3451 Bomta Bay Boulevard Bonita Springs, FL 34134 GEOGRAPHIC LOCATION: The subject property, containing 146 acres more or less, ~s located on the northwest corner of CR 951 and t-75. The parcels lie within the Golden Gate Planning Community and are ~mmediately adjacent to Activity Center No. 9 (See attached location map) REQUESTED ACTION: The map and text changes reauested by the petitioner represent and are consistent with prewously approved EAR based amendments. The amendment seeks to add !46 acres to Activity Center No. 9 by amending the Access Management Plan map on page LU-i-37and the text on page LU-l-31 of the Future Land Use Element. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the land use designation of the site consistent with previously approved EAR based amendments, so as to allow for uses permitted in the Interchange Activity Center Subdistrict designation. The changes proposed by the applicant are shaded and underlined as follows: The factors to consider during review of a rezone petition are as follows: PETITIONER'S PROPOSED CHANGES words underlined and shaded are text changes added by the petitioner 1997 FUTURE LAND USE ELEMENT LANGUAGE ail words underlined both. shaded aha unshaded, were added and words g',ruokthrough were deleted AGENDA ITEM 7-A Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoninq must meet the requirements for rezonin,q in the Land Development Code. The amount, type and location of existinq zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the reques.ted land uses; Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of bufferin,q for, adjoinin.q properties; Natural or man-made constraints; Rezoninq criteria identified in the Land Development Code; Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code; Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicatinq on-site traffic movements, access point locations and type, median openin.q locations and type on the abutting roadway(s), location of traffic si,qnals on the abuttin.q roadway(s), and internal and external vehicular and pedestrian interconnections; Interconnect/on(s) for pedestrians, bicycles and motor vehicles with exist/hq and future adiacent proiects; Conformance with the architectural desiqn standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of M~xed Use Activity Centers listed below by Activity Center and Iocabon are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers Immol~alee Road and Airport Road Daws Boulevard and Santa Barbara Boulevard Airport Road and Golden Gate Parkway ~1 I Vandert:)~!t Beach Road and Airport Road ~12 US 41 and P~ne Ridqe Road ~13 Airport Road and Pine Ridqe Road #15 Golden Gate Parkway and Coronado Boulevard ¢¢16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 LIS 41 and Wiq,q~ns Pass Road The m~x of uses ~n all of these specifically desi.qnated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, ran.qe from 80 to 100% commercially zoned and/or developed property. Activity Center ~6 is approx~mateiy 60% commercially zoned and/or developed. For purposes ef these specifically designated Activity..Centers., the entire PETITIONER'S PROPOSED CHANGES wolds ufMudi~ud d,',d ~had~d ~,e te^t.., ......... ,o, ,.~uo_ ~ .~' ~'~*'~ by +~'~.,.~ p~*,*ic~°.~ '997 ~UTURE LAND USE ELEMENT LANGUAGE ailwords Jnderimed both shaded and.~nsnaoed ~erea~ced and words strucxthrougr~ were deleted AGENDA ITEM Activity Center is eliqible for up to 100%, or any combination thereof, of each of the fotlowinq uses: commercial, residential and./or community facilities. Mixed Use Activity Centers may be desiqnated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Development. Development of Req~onal Impact or an area-wide Development of Re.qional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and tmmokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 ~14 Good!ette-Frank Road and Golden Gate Parkway In reco,qnition of the benefit resultinq from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraqed throuqh the allowance of flexibility in the boundaries, mtx and location of uses permitted within a desiqnated Mixed Use Actiwty Center and may be permitted to modify the deshqnated confiqdration The boundaries of Master Planned Mixed Use Activity Centers depicted on the FtJture Land Use Map Ser~es are understood to be flexible and subiect to modification durmq final s~te des~an: however, the approved amount of commercial development shall not be exceeded. The actual m~x of land uses shall be determined us~na the criteria for other Mixed Use Actiwty Centers. All of the followinq criteria must be met for a prolect to qualify as a Master Planned Mixed Use Activity Center: The applicant shail have unified control of the majority of a quadrant in a desLqnated Activity Center. Maiority of the quadrant shall be defined as at least 51% of the privately owned land w~thin any Activity Center q.uadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezonm.q under the provisions of a Mixed Use Activity Center Subdistrict subiect to the maximum acreaqe allowed ~n Paraqraph 2 below. Property owners with less than 51% ownership are encouraqed to incorporate vehicular and pedestrian accesses with adjacent properties w~thin the Activity Center. Any publicly owned land within the quadrant will be excluded from acreaqe calculations to determine umfied control: The permitted land uses for a Master Planned Mixed Use Actwity Center shall be same as for desiqnated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property ~n two or more quadrants shall be afforded the flexibility to redistribute a part or ail of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers ¢~ 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center, the balance of the of the land uses shall be for residential and/or community 'acilities. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and ¢¢5 have approximately 80% of the area zoned or developed for commercial uses. For [:)ur,Doses of these two Activity Centers, the entire Activity Center is PETITIONER'S PROPOSED CHANGES words underlined and shaded are Text changes added by the petitioner ~997 :UTURE LAND USE ELEMENT LANGUAGE all words underhned Doth. shaded and unshaded, were added and words struckthrou.O~ were deleted AGENDA ITEM 7-A eti.qible for up to 100% or any combination thereof, of the followinq uses: commercial, residential and/or commumty facilities. The location and confiquration of ail land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existinq site features, surroundin.q development, and existin.q natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to malor roadways servinq the Activity Center. and functionally related or ~nteqrated with surroundinq land uses and the planned transportation networK; and Adiacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) rotc the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the followinq criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arteria! roads, based upon roadway classifications in the Traffic Circulation Element. The Mixed Use Activity Center ~s no closer than two miles from any existin,q Mixed Use Activity Center, as measured from the center point of the ~ntersect~ons around which the ex~stinq and proposed Mixed Use Activity Centers are ~ocated Market iust~fication ~s provided demonstratinq need for a Mixed Use Activity Center at the proposed location. -rh~ ~*..,4-..~ f,-.r intensity '"f uCCC .... *h ..... h ~,ct',vity '-'~' .... *h~* *h,~ f,,U ....... ¢ .......... : be in thc form of a P~anncd Umt Developmont. ..... ION~,. ~ PROPOSED CHANGES words underlined and shaded are text changes added by the petitioner !997 ;LJTURE LAND USE ELEMEN? .ANGUAGE ali 'words ur, derlined both shaded and dnsr',aded ,.*,'ere added and ,words s'.ruoxthroug~ were deleted AGENDA ITEM 7-A 2. Interchange Activity Center Subdistrict Interchange Activity Centers have been desiqnated on the Future Land Use Map at each of the three interstate 75 intercnanqes and include numbers 4, 9 and 10. The boundaries of these Interchanqe Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchanqe Activity Centers shall require an amendment to the Future Land Use Map Series. tnterchanqe Activity Centers ~:4 and #10 allow for a mixture of land uses - which may mctude 100% or any combination thereof, of each of the followinq uses: the ful! array of commercial uses. residential and non-residential uses. institutional uses, hoteh'motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as ~dentified below in the southwest and southeast quadrants of Interchan,qe Actiwty Center ¢¢4. No tndustrial uses shall be alloweC in Interchanqe Activity Center #10. The actua~ m~x of uses shall be determined dunnq the rezonmq process based on consicteration of the same factors listed under the Mixed Use Actiwty Center Subdistrict. Interchanqe Activity Center # 9 shall be subject to the requirement of the development of an Interchanqe Master Plan (IMP). The IMP is intended to create an enhanced "gatewa,y" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Manaqement Plan amendment and a findin,q of compliance from the Department of Community Affairs. The purpose of the meetinq will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchanqe Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequent to the development of the vision statement, new proiects within Activity Center # 9 are encouraqed to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchanqe Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined durin,q the rezoninq .process. The entire Interchanqe Activity Center is eligible for up to 100% of the entire acreaqe to be developed for any of the uses referenced above, except the maximum amount of commercial acreaqe shall not exceed 55% of the total acreaqe (632.5 ac.) of Interchan.qe Activity Center # 9. The factors to consider durinq review of a rezone petition shall be compliance with the wsion statement and those included for the Mixed Use Activity Center. PET!TIONER'S PROPOSED CHANGES words u,,~,'~-'~dh.~,d 9.~,d sha_r'Je~d are t. ex~ c~an~¢$ Ceded by the petitioner !997 m. ~?URE, ~AND USE ELEMENT LANGUAGE all 'words underlined both. shaded and unsi"aded were added and words ....... ~ .....~,, were detetec AGENDA ITEM 7-A For residential development, if a proiect is within the boundaries of an Interchange Activity Center which is not within the Urban Residential Frinqe Subdistrict and f~ot within the Estates Designation, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the proiect, including any portion located outside of the boundary of the Activity Center. PETITIONER'S PROPOSED CHANGES words underlined and shaded are text changes added by the petiboner 1997 FUTURE LAND USE ELEMENT _ANGUAGE all words underlined Doth. shaded and unshaded ,~ere added and words str'.;'ckthro'~Dn were deleted Location Map AGENDA ITEM PETITIONERrS PROPOSED CHANGES words underlined and shaded are text changes added by the petitioner '997 ~:,',]TURE LAND USE ELEMENT LANGUAGE all words underhned bot~ shaded and unshaded. ¢¢ere added and ............ ~,, were deleted AGENDA ITEM 7-A SURROUNDING LAND USE, ZONING AND I:UTURE LAND USE DESIGNATION: Existinq Conditions: Seventy-six acres of the 146 acre site is zoned PUD. The uses permitted are single and multi-family residences, and a 100 bed hospital and associated medical offices and facilities. The remaining acres are zoned Agricultural. The entire 146 acre site is vacant and designated Urban Mixed Use District/Urban Residential Subdistrict Surroundinq Land Use: North: Developed single-family homes zoned RSF-3 and designated Urban Mixed Use District/Urban Residential Subdistrict. West Vacant and zoned A (Agricultural). Designated Urban Mixed Use District/Urban Residential Subdistnct. East Vacant zoned PUD and atlowing Industrial and Commercial uses. Designated Urban Mixed Use D~strict/Interstate Actiwty Center Subdistrict Sou?: Zoned PUD allowing up to 145.000 square feet of commercial development of which 5800 square feet has been developed. Designated Urban Mixed Use Distncb~lnterstate Act!wty Center Subd~str~ct STAFF ANALYSIS: Staff analys~s of this change was provided and Board of County Commissioners approved inclusion of the subject site within Interchange Activlty Center ~9 as part of the EAR based Growth Management Plan amendments adopted ~n 1997 FINDINGS AND CONCLUSIONS: Th~s amendment ~s being submitted to ~n~tiate a previously approved EAR amendment that has been delayed as a resuit of the compliance settiement agreement process. Dur~ngthe EAR Growth Management Plan amendments, the Board of County Commissioners revised Interchange Aotlvity Center~9 boundaries to include the subject site. In addition, the revised text as noted above requires the development of an Interchange Master Plan (IMP) and the IMP process is to be initiated with~n 60 days after a finding of comphance by DCA. The purpose of this amendment ~s to ~nsure there De no further delay of the IMP process. STAFF RECOMMENDATION: That the CCPC fon,,vard Petition CP-99-08 to the BCC with a recommendation of approval. PETITIONER'S PROPOSED CHANGES words underlined and shaded are text changes added by the petitioner '997 =U~'URE LAND USE ELEMEN' ._ANGUAGE all words .ncler!ined ~oth. shaded anc unshaded. ~vere added anC words strucxthrougn were deleted PREPARED REVIEWED BY REVIEWED BY APPROVED BY Senior F~nner _ .. Barbara A. Cacch~one. AICP Comprehensive Planning Manager j/~""~1,~.¥,~ _ DATE: I~obe~t Mulhere. AICP I:~,a...~ing ~Services Dire, ctor .-, -~"':'-" / ' ,/'?~ -' -T' -- DATE Vincent A Cautero. AICP Community Development & Enwronmental Serwces Adm~mstrator NOTE Th~s pebt~on has been adverhsed for the COLLIJ~ CO~T)/ BLANKING COMMISSION: ~.,~iCHAEL A ...... ~,~.,,_,. CHAIRMAN October 7 1999 BCC Meettng PETITIONER'S PROPOSED CHANGES words underlined and shaded are text c~anges added by the petitioner 1997 FUTURE LAND USE ELEMENT LANGUAGE all words underlined both, snadedand unsl~aded were added and words stru~".through were deleted W' iller ~iew Directions/n Plannln¢. Design & En¢/neenr~ June 8,1999 Ms. Amy Taylor Comprehensive Planning Section Development Services Center 2800 Horseshoe Drive Naples, FL 34104 DELIVERY Re: Grow'th Management Plan Amendment Application CP-99-6 Dear Amy: ~ S~,~t~lenL, we are Pursuant to your letter of May ,:u. 1999. notifying us that our application is '"';~ ' enclosing 25 copies of Growth Management Plan Amendment CP-99-6 Per your request to remedy any ~nconsistency w~th language :nat our proposed amendment refers to, we will agree to ~nclude additional text relating to the factors to consider during review of a rezone petition within a Mixed Use Activity Center, as ~t was included in the adopted EAR amendment. As suggested, we propose to insert the following language on page 25 of the adopted Future Land Use Element: The factors to consider durinq review of a rezone pet',tion are as follows: Rezones within Mixed Use Activity Centers are encouraaed to be in the form of a Planned Unit Development. There shall be no minimum acreaae limitation for such Planned Unit Developments except all reauests for rezon~na must meet the requirements for rezon~nq ~n the Land Deve!o~ment C3~e ~.,,n:m~r~.~a~ and developed The amount, type and ;ocation of ex~stina zoned ¢,,, ,=,. ' land commercial uses within the Mixed ..:se Activity Center and within two road miles of the Mixed Use Activity Center: · Market demand and service area for the proposed commercial land uses to be used as a .quide to explore the feasibility of the requested land uses: · Existinq patterns of land use with the Mixed Use Activity Center and within two radial miles · Adequacy of infrastructure capacity, particularly roads: · Compatibility of the proposed development with and adequacy of bufferinq for, adioinin.q properties; · Natural or man-made constraints; · Rezoninq criteria identified in the Land Deveiopment Code: · Conformance with Access Manaqement P!ans for Mixed Use Activity Centers contained in .the Land Development Code: Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic impact Analysis, aF~d a site plan/master plan indicatinq on-site traffic movements, access point locations and type. median openina locations ar;d type on the abuttinq roadway/s), location Naples Fort Myers Sarasota Bradenton Tampa ._zne .;'~..'¢_':;~.' ^,'3;',e5 :_-' -: ;:~.:~ E~- 941-649-4040 ~ 941-643-5F!6 www. wilsonrniller, corn . /,./-/ Wilso'nMiller of traffic sianals on the abuttinc] roadways[sl, and internal and external vehicular and pedestrian interconnections: · Interconnectionfs) for pedestrians, bicycles and motor vehicles with existinq adjacent projectsl · Conformance with the architectural desiqn standards as identified in and future the Land Development Code. Please feel free to call if you have any questions or need fu,qher information. Sincerely, WilsonMiller. lnc Anita L. Jenkins, AICP Project Manager cc: Margaret Embiidge. ,'v,o enc:csure Bob Duane, w/o enciosure Bruce Anderson. w/o enclosure i !2 13 2· 22 25 29 37 ~8 39 4,© 42 43 RESOLUTION NO 99- A RESOLUTION APPROVING THE PROPOSED GROWTH MANAGEMENT PLAN AMENDMENTS TO THE FUTURE LAND USE ELEMENT INCLUDING THE DENSIT'v RATING SYSTEM AND RESIDENTIAL DENSITY WITHIN ACTIVITY CENTERS: THE FUTURE LAND USE MAP: THE CAPITAL IMPROVEMENT ELEMENT: THE TRANSPORTATION ELEMENT: THE GOLDEN GATE AREA MASTER PLAN: AND THE GOLDEN GATE FUTURE LAND USE MAP FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS. ColherCounty. pursuant to Sect~on 163 3161. et seq. FlondaStatutes. the Florida Local Government Compre.qens~ve P!anmng and Land Development Regulation Acl. was required to prepare and adopt a comprehensive plan. and 'WHEREAS. the Collier County Board of County Commissioners adoptec the Co!i~er County Growth Management Plan on January 10. 1989. and WHEREAS. me Loca~ Government Comprenens~ve P!anmng and Land Development Regulation Act of 1985 2ro',qdes authonty *or :ocal governments to amend their ~espectve compre,qensP,,e plans and outl,nes certain procedures to amend adopteo comprehensive plans pursuant to Sect.oas !63 3184 and 163 3187. F~onda Statutes: and WHEREAS. Coiher County has Prepared Plan Amencments to the following elements of ~ts Growth Management Plan Future Land Use; Golden Gate Area Master Pan Transpo~at~on. Capital improvement WHEREAS. the Collier County Planmng Commission has considered the Droposec amendment to the Growth Management Plan pursuant to the authority granted to ~t by Secbor '63 3174, Fior,da Statutes (!997) ar',d has recommended approval of sa~d amendment to the Board of County' Commissioners: and 'WHEREAS. upon receipt of Collier County's PrOPOSed Growth Management Plan Amendment various State agencies and the DepammentotCommun~tyAffa~rs(DCA) have n~nety (90) days to rewew the proposed Amendment and DCA must transmit. ~n writing to Collier County' ~ts comments along w~th any objections and any recommenoahons for modification .,,v~thtn Said mnety i90) days pursuant to Section 163.3184. Florida Statutes: and WHEREAS. Collier County. upon receipt of the written comments from DCA must adopt adopt w~th changes or not adopt the proposed Growth Management Plan Amendment. vwth,n s:xty ~anld~yc,.-,,~c,,~h r.~ ,~m r nttn Section I¢,':~--4184 F!or!12a S.t.-atutes:a~d ................. e,~. ~..n, SUB ............ WHEREAS, the DCA, within forty-five i45) days of recetpt of Colher County's adopted Growth Management Plan Amendment. must rewew and determine if the Plan Amendment ,s ~n compliance with the Looai Government "" .... ~' ~ ...... of ,...u,,,p,,~,,ens~ve ~ ,o ....... g and Land Devel~:)t't'rent Act / Words underhned are additions. Words strut.~, through are deletions i !0 12 I,?, ~6 ~8 '9 2~ 2,~ 25 26 29 B2 33 37 B8 39 -tO .:2 44 46 50 52 53 56 5? 58 59 60 1985; the State Comprehensive Plan: the appropr.ate Reg~onai Pohcy Plan and 'Rule 9J-5. ,Florida Aomm~strative Code. pursuant to Secbon 163.3184. Fionda Statutes NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNT~, COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that The Board of County Commissioners hereov aporoves the proposed Growth Management Plan Amenoments. attached hereto as Exhibit A and ~ncorporated by reference he,e~n, for the purpose of transmittal to the Department of Commumty Affairs thereby ~mt~atmg the recurred State evaluation of the Growth Management Plan Amendments prior to final adopt,on and State determination of compliance w~th the Locai Government Comprehensive Planning ana Land Development Regulabon Act of 1989 and Rule 9J5 Flonda Adm~mstrat~ve Code. M~mmum ,Ct tena for Rewew of Local Government Compre,~enswe P!ans and Determ nat~on of Comphance THIS RESOLUTION ADOPTED after motion, second and malonty vote th~s cay o' 1999 ~,-F--EST D',%'iGHT E BROCK ,Cier~, BOARD OF COUNTY COMMISSIONERS ,COLLIER COUt,ITv FLORIDA .~,2, provec as to form and tega~ suffioency BY PAMELAS MAC'KIE, Chairwoman f.~,ar;or~e M Student &ss slant Courb, Atlorne). 999 GMP Transm~tta! Resolution VVords underhnec are additions. ' ~ r~, &~ ~ ..... ~ ,vorCs ............ ~,, are deletions Petition CP-99-01 Amending the Golden Gate Area Master Plan - Urban Commercial Districts/Golden Gate Parkway Prol~ssional Office Commercial Subdistrict. Exhibit A Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this district (see Map g 8) are intended to provide Golden Gate City with a viable Professional Office Commercial District with associated small-scale retail as identified under item 5.A. below. The Professional Office Commercial District has two purposes: to serve as a bona-fide entry way into Golden Gate City: to provide a community local point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail and institutional type uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping., control int~ress and egress and ensure compalibilitv xvith abutting residential districts. For projects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the properw' line adjacent and parallel with Golden Gate Parkway, the follo~ving land uses in addition to those indicated under A. above are permitted principal uses and structures: 1. Apparel and accessory stores 2. Auto and home supply stores (except Tire Dealers automotive- retail.} 3. Eating places (except drive-through only establishments, commissary restaurants, concession stands, contract feeding, tbod service4nstitutional. hamburger stands, hot-dog stands, Ice cream stands, Industrial feeding, reIreshment stands, snack shops, soft drink stands and tea rooms.) Food stores (except grocery stores and supemmrkets.) 5. General merchandise stores 6. Home furniture, furnishing, and equipment stores 7. Libraries 8. Miscellaneous repair services 9. Miscellaneous retail 10. Paint, glass, and wall paper stores 11. Personal services (except coin opcrated laundries.) 12. Videotape rental 13. United States Postal Service 14. Any other professional or commercial use which is comparable in nature wi.~h the foreeoine uses and which the Community development Administrator or his desienee determines to be compatible in this district. Properties that qualify under item A. will be subject to the following: All uses listed will be in accordance with the Standard Industrial Classification Codes within the C-2 zonina district as identified in the Collier Land Development Code with the exception of 8.b. which is contained within the C-3 zoning district. Vehicular access to 53~ Street SW may by allowed at time of rezone. Any property lme of the subiect parcel that is immediately adiacent to single family residential must provide a minimum Type "C" as indicated in the Collier County Land Development Code. Buildings utilizing second story office retail ma'/request up to 35' in heighl, subjec~ to architectural design elements incorporated fhrough the rezone process. Buildings will be limited to two stories with no parking under the buildinz. All buildings shall provide a cormnon thetne incorporating architecture and pro~act signage. {xvords underlined are added, words ztn:ck :l::-aagh are deleted, as amended in 1997; words shadefl and underlined are added, words shaded and gt:'azk fi:r:~ugh are deleted, as proposed by this petitionl Petition CP-99-02 Amending the Golden Gate Area Master Plan- Urban Commercial Districts/CR~951Commercial lnfill Subdistricl and amending the Golden Gate CR-951 Commercial Infill Subdistrict Map and Golden Gate Future Land Use Map Exhibit A "Policy 1.1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict .2. ,- :..,.~.~_.....~.., r:~,~.~.. Parkway Pre fz:;: X;nal O."c~ ~..~. ('cra ::~crc ia! ~.r'; ~,~i 0~.~....~. b. High Density Residential Subdislrict o URBAN - (,OMMERCIAL DISTRICTS Activity ('enter Subdistrict Golden Gate ~ ('ommercial In-fill Dc:;i~::at:~m Subdistrict ('ommercial I. lndcr ('ritcria Inlerstate Activity ('enter Subdistnct Sctnt~t B~tl'ba1'~t ('ommcrci~ll .5'uhdi.wricl (iolden Gate Parkxvav Professional Off~cc ('ommcrcial Sktbdistrict "2) Golden Gate gR-0~ Commercial In-fill Des!gnat!an Subdistrict Duc to thc existing zoning and land usc pattern m thc ('ommercial In-fill ~ Stlbdistrict (see Map 4) and the need io ensure adcquale dcxclopmcnt standar&s to buffer adjacent land uses. commercial uses shall be pen'nitted under the folloxving criteria: a) ('ommercial uses shall be limited lo: 'r~.- ...... - ,4...~ ~ .... i...,~ ..... c' , r-=.~ of' r' S - .... 4~,. 44 ..... 4"'~ outlined in the F-.ll;~ (-~ ...... Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide tbr small scale shopping and personal needs. Intern]ediate commercial to provide tbr a wider variety of uoods and services ~n areas that have a hiuher de~zree of automobiie traffic. These uses shall be similar Io C-1. C-2. or C-3 zonine districts outlined in the Collier ('ount'r' Land Development Code { Ordinance 91 - 102, adopted October 30, 1991 ). Rezones shall be encouraged m the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests Ibr rezoning must be at least forty thousand (40,000) square feet m area unless the proposed rczonc is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan): ( v, ords underlined are added, xx ords ...... "" ........ ................ ~,, are deleted, as amended m 1997: words shaded and underlined are added, words shaded and ........ ............... ~,, are deleted, as proposed bx' t}lis petmon) Petition CP-99-02 Amending the Golden Gate Area Master Plan - Urban Commercial Distric~s/CR-~51Commercial Infill ~u~listrict and amending the Golden Gate CR-951 Commercial thrill 8ubdistrict Map and Golden Gate Future Land Use Map _~-c) prOjects within the in-fill area shall be encouraged to make provisions Ibr shared parking arrangements with adjoining commercial developments when applicable: Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments: and ged Access to projects shall not be permitted from CR-951. fo Any proiect located within the in-fill area at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard shall transition down on-site from Commercial uses adjacent to Santa Barbara Boulevard to Estates District Conditional Uses on the western portion of the in-fill area. More specifically, after subtracting the portion of the subject land that has an easement for Santa Barbara Boulevard on it the land shall have the following development restrictions: The western 25% of the site shall be limited to eight thousand {8,000) square feet of buildint~ area and limited to land uses listed under the Estates District Conditional Uses of the Land Development Code. The eastern 75% of the site shall be limited to twenty-eight thousand (28,000) square feet of building area and limited to land uses listed as Permitted Uses within the Commercial Professional District (C-l) and Commercial Professional Transitional District (C-1/T) except banks and drue stores shall also be permitted on the eastern 60% of the site. Limit buildine; heights to one ( 1)-story and thirw-five (35) feet. ° All buildings shall have tile or metal roofs and shall be finished in light subdued colors except for decorative trim. ° Provide a minimum setback of fifty-five (55) feet from abutting residential boundaries for principal structures located in the western 25% of the site and seventy-five (75} feet for principal structures located in the eastern 75% of the site. ° All lighting shall be architecturally-desigmed, limited to a height of twenty-five (25) feet, and shielded neighboring residential land uses. Any project located xvithin the in-fill area at the northwest comer of Santa Barbara Boulevard and Golden Gate Parkway shall provide a minimum buffer of thirW-five (35) feet in width where the project is adjacent to single-.family home sites. _This buffer shall be increased to fifty (50) feel in width where this buffer is located within fiftT (50) feet of any portion of a single-family structure. All of these buffers provided adiacent to single-family home sites shall be supplemented with Oak, Mahogany, or Ficus n-ecs planted a maximum of twenty (20) feet apart in a staggered manner, and a hedge, that will grow tO a minimum -.height of seven {.'7.) feet and be a minimum of ninety-five (95) percent opaque within two (2) years ofplantimz." (xvords underlined are added, words ..... ~' '*' ...... ~' are deleted, as amended in 1997; words shaded and underlined are added, words shaded and .....~' *~ ....... ~' .............. ~,, are deleted, as proposed by this petition); Petition CP-99-03 Amending the Golden Gate Area Master Plan - Estates Mixed Use District/Neighborhood Centers Subdistrict and amending the Golden Gate Estates Neighborhood Centers Map and the Golden Gate Estates Future Land Use Map Exhibit A a. Estates-Mixed Use District 1) Residential Estates Subdistrict - Sinqle-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density of one unit per 2% gross acres unless the lot is considered a.. !e,qal !a,33!!y non-conforming lot of record. 2) ~ Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neiqhborhood Center desi,qnation does not ,quarantee that commercial zoninq will be ,qranted. The designation only provides the opportunity to request commercial zonin,q. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new corrrmercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. The node at the NE and SE quadrants of Wilson and Golden Gate Boulevards is approximately § 12.15 acres in size and Icc3tcd in consists of Tract 1, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development or Conditional Uses, as permitted in the Estates zonin,q district, and allocates 2.15 acres to project bufferin.q and ri,qht-of-way for Golden Gate Boulevard. The node at CR-951 and Pine Ridqe Road is located on both sides of the intersection. Tracts 109-112 and the N1/2 of Tract 113, Unit 26, Golden Gate Estates are included in this node as eliqible for commercial development. The Sl/2 of Tract 113 and the E1/2 of Tract 107, Unit 26 are also included within this node but are only to be used for buffer, water mana.qement and open space. b'~ Ceriteria for development at the nodes are as follows: llV'~ ~...IA,, /~ ...... i~l I~t ...... h~ll ~ lln~H-~ + ...... [~1, ,ai.~, ....,. ,.:~n*ens ~*'' trcnslticncl (words underlined are added, words :m',ac!: through are deleted, as amended in 1997: words shaded and underlined are added, xvords shaded and ..... ~' '~ ........ ~- .............. s,, are deleted, as proposed by the petition) Petition CP-99-03 Amending the Golden Gate Area Master Plan - Estates Mixed Use District,.~eighborhood Cenlers Subdistrict and amending the Golden Gate Estates Neighborhood Centers Map and the Golden Gate Estates Future Land Use Map .......................... prov ............ ~.,~,,, and intermediate cemmerci3! to provide for m ...., ..... , c,,-,,~^ {Ordinance o~ ~no adopted ................................. · ............. s!n e ....... ; .............. cna er both of those intersections ma5' be designated as Neighborhood Centers. /'2_~1,,4m~ t'-'-,'~f,e,, [Dm, ,l~,',~rrt ~nH ~^/il,~n r')m, ,l~,,'~q r,~,, ,ay ,-',, ,~1;~, ~r ~m~Ai;'ir~,'al ,,e-~ ,Jn~er t~e transitiona! uso provision under t~e Con~!tiena! · Limited to Iow intensity transitional commercial uses that are compatible with both residential and commercial, · Convenience commercial to provide for small scale shopping and personal needs, and · Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 ). · Future commercia~ uses are limited to ~ n ....... ~ ,-k~, ~,,, k~ ,^~+~,4 in at- the intersection of Pine Ridge Road and tho Estates ,Neighborhood Center located on CR-951. This Neiqhborhood Center may be developed at 100% commercial and must provide internal circulation, and any rezoninq is encouraqed to be in the form of a PUD. This Neiqhborhood Center may also be utilized for sin.qle family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, child care centers, schools, and group care facilities. · The parcels immediately adjacent to the existing commercial zoninq at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify for Conditional Use under the transitional use provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than only 50% of the total allowed commercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouraged to make provisions for shared parking arrangements with adjoining developments; · Ac. cass points shall be limited to one per 180 feet commencing from the right-of-way of the major intersectin.q streets of the Neiqhborhood Center. A maximum of three curb cuts per quadrant shall be allowed; (words underlined are added, xvords struck thr,vugh are deleted, as amended ~n 1997: words shaded and underlined are added, xvords shaded and~,. ....... ...." *~..,.....=..~- are deleted, as proposed by. the petition) Petition CP-99-03 Amending the Golden Gate Area Master Plan - Estates Mixed Use District/Neighborhood Centers Subdistrict and amending the Golden Gate Estates Neighborhood Centers Map and the Golden Gate Estates Future Land [.:se Map Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; Driveways accessing parcels on opposite sides of the roadway shall be in directly linc up alignment; Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water mana.qement uses are permitted; except that for valid, approved conditional uses, no such buffer is required. Projects shall provide a 25 foot wide Type C buffer, as described in the Land Development Code, between the abutting right-of-way and the off-street parking area; Thc Nclghbcrhocd Canter designation does not guarantee that ce,'m,,mercial zening ';:il! be granted T~.~ designation ~ ....... ~'~¢ *~' ...... +"~';*" ' ........ * ....... ;'~ zoning twords underlined are added, v, ords st:'ucl: '~ ........ k ...... =,, are deleted, as amended in 1997: words shaded ~d underlined are added, words shaded and.J[' ...... ''~ 11 ] ' ']'l l' ........ ~ ~'~l 111 are deleled, as proposed by. the petition) Petition CP-99-04 Amending the Future Land Use Element - Urban Mixed Use Districl and amending the Future Land Use Map to reflect Orange Blossom Mixed - Use Sub-Distr/ct Exhibit A 8. Orange Blossom Mixed-Use District The intent of this district is to allow for limited small-scale retail, office and residential uses while requiring that the project result in a true mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this sub-district will promote small scale mixed-use with a pedestrian orientation to serve the homes both existing and future in the immediate area. This District is intended to be a prototype for future mixed-use nodes, providing residents with pedestrian scale development while also reducing existing trip lengths for small-scale commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-l, C- 2 and C-3 zoning dislricts. The development of this sub-district will be governed by the following criteria: a. Rezoning mt:st is encouraged Io be in the form of a PUD with a unified development plan with common architectural theme, shared parking, and cross access agreements. b. Retail uses will be capped at a maximum of 5,000-sq. ft. per acre. c. Office uses will be capped at a maximum of 7.000-sq. ft. per acre. d. Residential development will be subject to the density rating system. e. Maximum lot coverage for buildings is capped at 17.5%. f. No more than 25% of the total built square footage will be devoted to single stoD' buildings. g. Principal entrances to all buildings shall be interior to the site and not front on an external street. h. All four sides of each building must be finished in a conm~on architectural theme. ~. Pcdes~ian cor, necti~n rcqt:ircn:cnts i. No building height shall exceed three stories or 35 feet. j. A residential component equal to at least 25% of the allowable units under the density rating system must be constructed before the sub-district completes an aggregate total of 40,000 square feet of retail or office uses. k. Residential units must be located both on the North and South side of Orange Blossom Drive. 1. Integration of residential and office or retail uses in the same building is encouraged. m. Pedestrian connections are rcqairc~ encouraged to all perimeter properties where feasible and desired by adjoining property owners. n. No gasoline stations or drive-thru establishments will be permitted. o. Fifty percent of the approved residential units must be integrated into a building with a mix of office or retail uses. p. All buildings will be interconnected with pedestrian features. q. Twent3'-foot wide landscape Type D buffer along Orange Blossom and Airport-Pulling Road and a 20-foot wide Type C buffer alo~a.e lhe interior property lines will be reouired. r. Buildings that face Airport-Pulling Road or Orange Blossom Drive will have an entrance and pedestrian connection to the street. s. Parking shall be interior to the site. t. Tne Office and In-fill Cm~mtercial Subdistrict provision wonld not be applicable to any properties adiacent to this Subdistrict. {xvords underlined are added, words 5tpack tkr.~ugl: are deleted, as amended in 1997: words shaded and underlined are added, words shaded ando.. ...... ~,.~' '~_. ....... -.~.e,.~' are deleted, as proposed by. this petition) Petition CP-99-05 PROPOSED LANGUAGETO Exhibit A ATTACHMENT 1 AMEND THE 'FUTURE LAND USE ELEMENT October. 1997 Comprehensive Plan. re-adopted on September 14. 1099 but not vet effective Urban Area Density Reductions DENSITY RATING SYSTEM This Density Ratinu Svstem is only applicable lo areas desi~naled Urban, [;rban - Mixed Use Dis~icl, as identified on the Future Land Use Map. exclusive of the ['rban Residential Frinee Subdistrict, and exclusive of Urban areas encompassed b5 l,hc ]mmokalec Area Master Plan. Golden Gate Area Masler Plan. and Marco Island Master Plan. Thc I)cnsitv Ralin~ System is applicable to the Urban Coastal Fringe SubdisWict to the extent that the residcnual dcnsily cap of 4 dxvcllin~ tl]llts per acre is not exceeded, excepl for the density bonus for Affordable Housinu and Transfer of Development Rights. This Densivv Ratin~ System only applies to residential dwellim2 units. Within the applicable Urban Desicnated Areas, a base densilv of 4 residenlial dxvellinu units per cross acre is pcm~itted, tboueh not an entitlemenl. This base level of density may be adiusted depending upon the characleristics of the proiect as identified under a. DensiW Bonuses. b. Densiw Reduction, and c. Densiw Conditions. a. Density Bonuses Consistency with the followim2 characteristics may add to the base density. Density bonuses are discretionarv, not entillements, and are dependent upon meetinu the criteria for each bonus provision and compatibility with su-'Toundm~r-""°"e"ti"'~,~- ..... as x~et! as the criteria in the Land Development Code. All nexx residential zonimz, shall be consistent with the Density Ratine S'fslem, except as provided in policies 5.9, 5.10 and 5.11 office Future Land Use Element. 1. Ccn;'crslcn cf Ccmmercia! Zoning 1_.. ,l. Prexin:i*,? to ,-~,c.*ivity Cen,*er Proximity to Mixed Use Activity Center or Interchange Activity ('enter TLc dens_ . ........................... : ............................ : .......... (words underlined are added, words ~ are deleted, as amended in 1997; words shaded undrlined are added, words shaded ando- .... ~.,~' '~'-..,.~..,*' are deleted, as proposed by, this petition) Petition CP-99-05 If the project is within one mile of a Mixed Use Activity Center or lnterchanee Activiw Center and located within a residential density band, 3-2 residential units per gross acre may be added. Tile density band around a Mixed Use ActMty Center or Interchant~e ActiviW Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchantze Activity Center is situated. If 50'?/o or more of a project is v,'ithin the density band. the additional density applies to the gross acreage of the entire project. Density bands are desiunated on the Future Land Use Map and shall not apply within the Estates Designation or tbr properties within the Traffic Cont~estion Area. ,..,2.-3~ Affordable Housing ,, cc^~.4~t.,^ Hausin;: r-, .... a.. r~ ~,: .... c ....... . _o15: To encoura~ze the provision of affordable housing within the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.'7 of tile Land Development ('ode. Ordinance ~91-102. adopted October 30. 1991 ). In tile Urban Coastal Fringe Subdistrict, Aftbrdable Housing projects must provide approt~riate mitiuation consistent with Policy 13.1.? of tile Conservation and Coastal :Management Element. 3.4= Residential In-fill was ........... a .... ~ ..... 4 ..........c,~.~ ;,, ~;u residential density. To encouraue residential m-fill m areas with exislin~ development. 3 residential dxx etlm~ unils per m'oss acre may be added if the lbllo~vin~ criteria are met: {a} The proiect is 10 acres or less in size: {b) At time of development. Ibc proicct will be served by central public water and sexx er: (c} The project ~s compatible with surrounding land uses: {all The property m question has no common site development plan with adjacent property: (el There is no common ownership with anx adiacent parcels: and {f) The parcel m question was not created to take advantage oflhe m-fill residenlial density bonus and was created prior to the adoption of this provision m the Growth Manauement Plan on January 10. 1989. 4=4. Roadway Access If the project ~ provides direct access through the pro}ect on a public roadway to 2 or more arterial or collector roads as identilied m the '1 raffic Circulation Element. 1 residential dwelling uni~ per gross acre may be added. Density credits based on l~ture roadways will be awarded if the developer commits to construct a portion of the roadxvay las delem~ined by the County Transportation Depm'tment) or the road is scheduled for completion during the first live years of the CIP Capnai improvements Plan. Thc Roadway Access bonus is not applicable to properues located within the Traffic Congesnon Area. 5. Travel Demand Management Technique~ To encourage the maximum utilization of the transportanon network, those properties zoned .agricultural and 50 acres or~reat~rjn size as of October 26, 1999 that have a base density of ,units per gross acre may add one additi6nal unit per gross acre provided the following travel · &-~,,d m~,,.,'~,,~m.~m ~.~chniqu.~ are knc!uded in the project: (words underlined are added, words st;"ack tl::'augh are deleted, as amended in 1997: words shaded and undrlined are added, words shaded and~....,.~' '~'""""~'~.s,, are deleted, as proposed by this petition) Petition CP-99-05 Mixed U~ Dev~qopments · Provide a mixture of uses. internally accessible within the development includine: residential land uses. personal service commercial, employment opportunities, home occupations, schools, parks and recreational uses. churches and institutional uses. lnterconnection · Increase number of connections to the arterial or collector system, consistent with the Access Control Policy, based on the number of dwelling units m a project. · Provide public access through projects which connect with arterial or collector road network. · Provide vehicular interconnection from commercial proiects to residential projects. · Provide for shared access between projects. - Provide for frontaee roads or bypass roads around an intersection. · Construction of a new collector or arterial which connects to other collector or arterial roadways. Bikepaths/sidewalks · Consmaction or payment in lieu for an identified pathway in the Conmrehensive Pathway Plan. · Require a Pathway Plan within the development, as part of the rezoning criteria. 6. Transfer o!' De, velopment Rights To encouraee preservation conservation of natural resources, density transfers are permitted within that portion oflhe I:rban desienaled area subject to fins Density Ratint~ System. However. densiw shall not bc transferred Uno the Coastal Manat~ement Area fi'om outside the Coastal Management Area. Lands 15'in~ seaward of the Coastal Manaaement Boundary. identified on the Future Laud Use Map, are within the Coastal Management Area. Density may be increased above and beyond the density otherwise allox\ed by the Densiw Ratine System m ~cardance for a~ricultural properties 50 acres of greater in size as of October 26, 1999 that have a base density of 2 units per acre with the Transfer of Development Rights (TDR) Section ~ ~ ~4 11 of the Land Development Code adopted~'~' ~"~; ..... ~n~ ~n~ ~- ~.~ an ~no~ ~. This section of the Land Development Code will be amended within one year in order to be consistent with the requirements of the Furore Land Use Element, b. Density Reduction Consistency \\'ilia the foiiowmg ci~arac~erisnc would subtraci density: .................. ~ ........ ~ ..... : ..................................... : ........ 5 ). Davis and 1. Traffic Congestion Area If the project is xvi~hin the Traffic Congestion Area, an area identified as subject to lont~ range traffic conzestion. 1 dwellin~ unit per 2ross acre would be snbtracted. The Traffic Con2estion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (including an *. extension north to the Lee County boundary), Dayis Boulevard, County Barn Road. and :- (words underlined are auc~e{a, woms ............. ? a~ ¢ uelrtru, as aw~er~ded W~ ~9~ ,,, words ~haucu anu undrlined are added, words shaded ando......r' .~_.~..e_~. are deleted, as proposed by. this petition) Petition CP-99-05 Raulesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Coneestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road formine the boundary of the Area: however, if that propert5' also has an access point to a road not forming the boundary of the Traffic Coneestion Area it will not be subject to the density reduction. 2. Base density of 2 units per acre For properties 50 acres or greater in size and zoned agricultural as of October 26, 1999; and property previously zoned that has not commenced construction pursuant to section 2.7.3.4 and 2.7.2.12.3 of the Land Development Code as the Code existed as of October 26, 1999; the bas, e density shall be 2 units ,per gross acre. The base density may be increased based on the followinG: one unit per gross acre may be added if the project is designed to meet the standards identified under the travel demand management techniques, An additional unit per gross acre may be added if the project meets the requirements under the Transfer of Development Rights Provision. For those pro..perties that the base density has been reduced, furtherdens, ity reduction will not occur under the Traffic Congestion A~ea provision Mixed t 7sc ActlviU~ ('enters ...Centers a~c intended to bc mixed-use itl character. Thc actual mix of the various land usesli.c.cc, mmcrcial. :'~:-.i~!~::t:aL ::::;titutia::al} - which may include the full anax' of commercial uses. residential uses. inslitutional uses, hotel motel uses al a density consistent with the Land Development ('ode - shall bc determined during tile ,,'ezonmg process based on consideration of thc · c~1! .... 4 .... factors listed below. ck~:;c prexm:ity :;f lhe Activity x~.,..I.~, ,~ ........ ~ .... ~~., ,.. ~ '~'",';"~ area other :-eleva::t fact'o:':;. For residential development, ifa proiect is within the boundaries of a Mixed Use ActMtv Cenler which is not within the [:rban Residential Frinee Subdistrict or Urban Coastal Fringe Subdistrict. tip t~ ~ 1 2 residential units per 121-()ss acre may be permitted. This density may be distributed throuuhout the project, includinu an,,' portion located outside of the boundary of tile Mixed [;se Aclix'itv ('enter. The factors to consider durintz review of a rezone petition are as follows: Rezones within Mixcd Use ActMtv Centers are encouraged to be in the tbrm of a Planned [Jnit Development. There shall be no minimum acreaae limitation for such Planned Unit Developments except all requests for rezonina must meet tile requirements for rezoninu in Land Deve!,op~:en[C~e. The amount, type and location of existing zoned commercial land, and developed commercial _uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activily Centc]: Marke~ demand ~aBd s_c~._ict. ~arc~ £mlhc pn}p~}stxl t:t~mmet cial Im~d llh~.q i1~ ~qt~ IriSh-ti as a guide lo explore the feasibiliw of the requested land uses: words underlined are added, words struck ,%faugh are deleted, as amended in 1997: words shaded and undrhned are added, words shaded and :track tk:'v, ugh are deleted, as proposed by this petition) Petition CP-99-05 Existint~ patterns of land use within the Mixed Use Activity Center and within two radial miles: Adequacy of infrastructure capacitv, particularly roads: Compatibility of the proposed development with. and adequacy of buffermtz Ibr, adioimn*, properties: Natural or man-made constraints: Rezoning criteria identified in the Land Development Code: Confom~ance with Access Management Plans for Mixed Use Activity Centers contained in tile Land Development Code: Coordinated Iraffic flow on-site and off-site, as mav be demonstrated by a Traffic Impact Analysis. and a site plan/master plan indicating on-site traffic movements, access point locations and wpe, median opening locations and t'r'pe on the abutting roadway(s), location of traffic siunals on the abuninu roadwav/sh and internal and external vehicular and pedestrian interconnections: Interchanue Activity Centers ...- lnterconnecnon{s) for pedestrians, bicycles and motor vehicles xx'ith existing and fimu'e adjacenl proiects: allowed in Interchanue Activit,,' Center= 10. The actual mix of uses shall be determined durint~ tile rezonin,z process based on consideration of the same factors listed under the Mixed Use .~Xctix'~tv ('enter Subdiswict. Interchanue Activity ('enter = 9 shall be subiecl to tile requirement of thc development of an Inlerchanue Masler Plan (tMP}. The IMP is intended to create an enhanced "cate\var" to Naples. The IMP process shall be initiated by the property owners and or their representatives by meetinu with the Coulllv plannmu slaff within 60 days of the adoption of this Growth Manauement Plan amendment and a findinu of compliance Irom the IJepartmcnt of Comnmnitv Affairs. The pm'pose of the meeting will be to establish a mutually acceptable vision statement for Activity Center a 9. The Inlercban2e Master Plan shall be adopted by Resolution by tile Board of County Comn~issioncrs. All rezones thereafter shall meet thc intent of the vis~on statement. Subsequenl lo lhe de\ elopmcnl of the x'is~on statement, nexx proiccts within Activity Center# 9 are encouratzed to have a unified plan of development m tile form ora Planned l:nit Development. The mixture of uses alloxved in Interchanue Activity ('enter = 9 shall include tile full arrav of commercial uses: residential and non-residential uses: institutional uses: Business Park: hotel motel uses at a density consistent with tile l.and Development Code: industrial uses m the northeast, southwest and sotHheast ouadrants. The nnx and inlensHv of land uses shall meet tile ~ntenl of thc vision statement and be defined dtlrm~ Ibc rczonint2 process. The entire lnterchanue Activity Center is eliuiblc tk)r up to 100",, ol'lhc cntu-e acrea,.ze to be developed for an\ of thc uses referenced above, except the maximum amount of comnlcrcial acrca2e shall not exceed 55",, of the total acreaue (632.5 ac. ) of lnterchanae :\ctivily ('enter z 0. Tile factors to consider during review ora rezone petition shall be compliance with tile vision statcmen! and those included for thc Mixed t'se Activity Center. For residential development, ifa prolect is within tile boundaries of an lnterchanue Activity ('enter xx hich is not xvitbm tile Urban Residential Fringe Subdistrict and not within the Estates Desiunation. up to 4-6-12 residential units per gross acre ma'~ be permitted. This density may be distributed lhrout~hout the prolect, including an,.' portion located outside of the boundary of the Aclivitv Center. Based on tile unique location and function of Interchange Activity Centers, some Industria! land uses that serve regional markets and derive specific benefit when located in the Interchange Activity Centers shall be allo;ved, pro:'ided each such use is reviewed and lbund to be compatible with exisnng and approved land uses, Industrial uses shall be limited to: manufacturing, warehousing, storagc, and distribution. The following conditions shall bc requited lo ensu! e compatibility of Indttstrial land uses with other, commercial, residential andor institutional land uses in the Interchange Activity Centers; to (words underlined are added, words ....... ~- *~ ........ ~' are deleted, as amended in 1997: words shaded a~d undrlined are added, words shaded and~,, ~,,,~' '~,,,,.,~e~*~- are deleted, as proposed by this petition) Petition CP-99-05 maintain the appearance of these Interchange Activity Centers as gateways to the communitx,: and to mitigate any adverse impacts caused by' noise, glare or fumes to the adjacent properly owners. Thc (xvords underlined are added, words struck tl::'augh are deleted, as amended in 1997; words shaded and undrlined are added, words shaded and ....... t. ,~ ........ ~. .............. s,, are deleted, as proposed by this petition) Petition CP-99-07 Amendments to the Transportation Elemen! Exhibit A PROPOSED AMENDMENTS: The proposed amendments to the Transportation Element will: · update traffic circulation maps for years 2010 and 2020 consistent with an upcoming Long Range Plan Amendment by the Collier County Metropolitan Planning Organization (MPO); · update lists and tables where appropriate; · incorporate a build-out network for right of way preservation guidance; · incorporate by reference the Corridor Management Plan for the Tamiami Trail Scenic Highway; incorporate by reference the Public Transportation Development Plan; comply with direction given by the BCC during a review of the Transportation Element at the May 25, 1999 BCC meeting; change the minimum standard level of service on State facilities in rural areas from C to D; and modify ~e definition of "significant impact." Note: the attached maps showing number of lanes TR-6(W&E), TR-7(W&E), and TR-8(W&E) are preliminary versions that will be refined as a result of consultant work currently underway. FUTURE SYSTEM NEEDS Amend Section D.4. as follows: 4. Future Traffic Circulation Map - Year 2000 The roadways included in Table 5 are funded in the proposed 199:7-9_-200-1-_3 Capital Improvement Element. Update the following table and map consistent with the latest capital improvement program: · Table V Collier ..... "- ...... Planning Database and '~'"'-;+~ .......... + - uounty ~rdn~po~t,~uon ,-,,=~,,-:,, v '-'¥=' "~, ,, Plan · Map TR-4W- 5 Year Capital Improvement Element Update the following maps consistent with the Long Range Plan Amendment to be adopted by the Collier County MPO in the Fall of 1999: · Map · Map · Map · Map · Map Map · Map · Map TR-6AW TR-6BW TR-6CW TR-6D - TR-7AW - Number of Lanes Year 2010 Western Collier County - Facility Type Year 2010 Western Collier County - Year 2010 Levels of Service - Western Collier County Evacuation Routes Year 2010 - Number of Lanes Year 2020 Western Collier County TR-7BW - Facility Type Year 2020 Western Collier County TR-7CW - Year 2020 Levels of Service - Western Collier County TR-7D - Evacuation Routes Year 2020 Add Section D.7. to comply with direction from the BCC on May 25, 1999: t~ ords underlined are added, xvordso,, .,~',. '~,,., ....... w?k are deleled, as proposed by. this petition) 7. Future Traffic Circulation Map - Build-Out This element contains an estimate of the build-out roadway needs for the county. Maps TR-aw and TR-aE depict the number of lanes estimated to be required when the county reaches build- out conditions. There is no scenario year connected to this lane need estimate, and it is included to provide 9uidance in the preservation of right of way. Add the following maps consistent with direction from the BCC on May 25, 1999: · Map TR-aW - Number of Lanes - Build-Out - Western Collier County o Map TR-aE - Number of Lanes - Build-Out - Eastern Collier County INTERMODAL & MULTI-MODAL TRANSPORTATION Make the following amendments due to the adoption of the Public Transportation Development Plan on August 3, 1999 and its proposed incorporation by reference into the Transportation Element (see new Policy 12.10): Remove the following maps: · Map TR-aW Future Transit Demand Centers & Transit Corridors - Western Collier County · Map TR-aE Future Transit Demand Centers & Transit Corridors - Eastern Collier County Amend Section E.3. as follows: 3. Mass Transit a. Purpose Collier County currently has no publicly sponsored fixed route bus system. Private services offered in the County are fixed route "trolleys" which operate during the winter season in Naples and on Marco island, and a network of para-transit providers that offer transportation services to the disadvantaged, .^~,,~v, ..... ~ ~,,~,.~,v~'"'~' ,~,~,4 3irpc,'1 ~, ,~..,~"~, ,++~ ..... ~.-,~ ,~ ~o ~,~...,~,4~,,~, ~ The Transportation Disadvantaged (TD) program is coordinated by Tr! Ccunty Senior Ser';iccs Collier County, which has been designated as the Coordinated Provider by the N3p!cs Collier County Metropolitan Planning Organization (MPO). The TD services~,~ ........ ~-,~-,~'~"'4 by v3rious soci3! service 3gens!es 3nd offers home pick-up and delivery transportation for the elderly, handicapped, and economically disadvantaged in the County. The "trolley" systems mentioned above are run primarily for the tourist segment of the population and have fixed routes that visit the major shopping, beach and hotel interest points. Words Underlined are additions; Words struck through are deletions. b. Future System Needs ........................ ~ ................... ~,~, ,.~ ........... ~ .................. area ............. =, ,,-,h,-,. ,-,-.m,-,I;,-m;,.,-, *he` sta,'!.~,..-'" ,.f .. system io *h,~ ,~ .... ,4 ..... i ........ hi,-h' ~' ' '., ~ h,,r~l~n nn fha /~ .... f,, f .... fi .... f ...... re, th~ system ! ...... f '~ !eSS) k ........... I ~, ,th '~~"~nla'~' ,a,ill ¼ ......... le,f ..... ; .... ¼e,f~r~ +¼ .... hilt- '~nd eh~ll ke, f .... ~1 .... ;e-re,n+ w!th tho On August 3, 1999 the Board of County Commissioners adopted the Public Transportation Development Plan (PTDP), and agreed to become the Governinq Aqency for Transit in Collier County. The PTDP contains estimates of un-met need in Collier County, both for the existing TD services, and for .qeneral public transportation. It contains planning level discussions on demand centers, route locations, vehicle sizes and types of services. Words Underlined are additions; Words struck through are deletions. The PTDP recommends, as the backbone of the public transportation system, deviated fixed route service, in which buses would follow a fixed route, with the ability to deviate from that route to pick up disabled passengers curbside at their residence. This service could be provided by a private aqency under contract to the county. Other services proposed in the start.up public transportation system are a vanpool pro.qram, circulator service in Immokalee, an Immokalee to Naples shuttle service, and a Commuter Assistance Proqram. Although the PTPD final report suggested the need for numerous public transportation services in Collier County, the scale and growth rate of the initial system was such that no local fundinq contribution was predicted to be required until fiscal year 2006. This situation is the result of gradual chanqes in the requirements for local matchinq funds that accompany state and federal grant funds. Collier County is already spending funds on public transportation that meet the match requirements. GOALS OBJECTIVES AND POLICIES With one exception, amend the following objectives and policies to comply with direction from the BCC on May 25, 1999. The exception: the change in minimum standard level of service on state facilities in the rural area (Policy 1.4) is the proposed response to a Jevel of service deficiency on State Road 29 for which no improvement is funded: OBJECTIVE 1' The County will maintain the major roadway system (excluding State highways) at an acceptable Level of Service by implementing improvements to restore acceptable level of service to the following roadways that have been identified as operating below~ "D" their minimum standard level of service. CIE # Roadway From T._9o 31 Bo~!t3 Botch Rood W. of V3~dcrbi!t Drivo 41 Pine Ridge Rd. Airport Rd. 1-75 Airport Road Golden Gate Parkway Radio Rd. 62 Golden Gate Boulevard CR951 Wilson Blvd. 71 Immokalee Road CR951 Wilson Blvd. Words Underlined are additions; Words struck through are deletions. 4 /4,? t:'olicy 1 County arterial and collector roads shall be maintained at Level of Service "D" or better on the basis of the peak season peak hour traffic volume. Level of Service "E" or better shall be maintained on the following designated roadways. Roadway Airport-Pulling Road Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road Tamiami Trail East From Pine Ridge Road Airport-Pulling Road Pine Ridge Road US41 Airport-Pulling Road Four Corners T__q_o Golden Gate Parkway Santa Barbara Blvd. Golden Gate Parkway Golden Gate Parkway Goodlette Frank Rd. Tamiami Trail NoAh Pine Ridge Rd. Solana Rd. The County has declared as "constrained" the following segments: ROADWAY From To Vanderbilt Beach Rd. Gulfshore Dr. U.S. 41 Level of Service "D" or better shall be maintained on all other arterial and collector roads, however, any section of road may operate at Level of Service "E" for a period not to exceed two (2) fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropriate improvements. The NaCes-(-Collier County-) MPO shall determine the optimum LOS for each county road segment. This wi!! be done by more accurately identifying the traffic volumes that correspond to the different LOS thresholds on county roads, and more accurately quantifying the peaking characteristics of traffic on county roads. The first component of this is to update the LOS tables in the Transportation Element to best reflect current conditions on county roads. The second component is to begin installing, as funds permit, permanent traffic count stations, to better identify the peaking characteristics of traffic on county roads. The third component will be to amend the Capital Improvements Element to implement findings. Policy 1.4: For the purpose of regulating development orders, Collier County has adopted the following level of service standards for state maintained roads: Rural Area Existing Urbanized Area Transitioning Urbanized Area I- 75 B C C US- 41 CD D* D SR- 84 4~D D D SR-951 - D D* SR- 29 CD - SR- 82 C~D - be expedded by FDOT Words Underlined are additions; Words struck through are deletions. It should be noted that FDOT has different LOS standards for state roads. The ~,l.,,,~,,,...~,,,,~,Coll~erf ' County-) Metropolitan Planning Organization shall conduct a study to research the implications of these different LOS Standards that FDOT has established for state roads by area type. Establishing unreasonably high LOS standards in the fringe "transitioning urban area" may require the diversion of revenues from more congested areas with lower levels of service standards, in order to maintain the high standards established in the outlying areas. Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects show in the annual element (first year) of the S~cond2,%' D..~,~, .~ D, ......, ~, ~,,, Annual Update.. and Inventory Report (AUIR.). Policy 3.3: By June 1998, Collier County's Transportation Department, Office cf C3pit3! Prcjcct¢.. ~A4a~Public Works En.cti_neerin9 Department and the NaCee-(Collier County-) Metropolitan Planning Organization will develop standards, criteria and implementation guidelines for right-of-way acquisition. Provision for landscaping shall be consistent with Collier County corridor management pfanning policies (see Future Land Use Element Policy 4.2 and Transportation Element Policy 7.4). The County shall acquire sufficient amount of right-of-way to facilitate no less than a cross section of (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be less than the standard. Maps TR-8W and TIR-8E show roadway cross sections required to provide acceptable level of service qiven build-out land uses as currently identified in the Future Land Use Element. Policy 4.2: The County shall provide for support sen,ices, resources and staff within the NaCee-(Collier County-) Metropolitan Planning Organization to coordinate the Bicycle/Pedestrian Program. Policy 4.3: The County shall provide an interconnected and continuous bicycle and pedestrian system by making the improvements identified on the 2020 Pathway Facilities Map series. The county's pathway construction program should be consistent with the Comprehensive Pathway Plan. The Pathway Advisory Committee should provide recommendations on the choice of projects to be included in the pathway construction program, and the order in which they are constructed. Poli~y 6.1: The Transportation Element shall incorporate to the greatest degree possible, the long range plans of the NaCer~Collier County-) Metropolitan Planning Organization. Words Underlined are additions; Words struck through are deletions. Policy 6.5 The Nates-Collier County MPO's !995 & 20!0 p!3ns havo adopted Long Ran.qe Plan has identified a need for an interchange at 1-75 and Golden Gate Parkway. An Interchange Justification Report shall be prepared by the Florida Department of Transportation and submitted to the Federal Highway Administration by October 1, 19989. Policy 12.1: The NaCes-~Collier County-) Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. Policy 12.2: The County shall coordinate the development and maintenance of any ¢u,tuce-transit development plans with the N3p!es (Collier County-) Metropoiitan Planning Organization and the Florida Department of Transportation. Policy 12.3 The NaCes-(-Collier County-) Metropolitan Planning Organization shall monitor the need and desirability of implementing a transit system and will coordinate the development of any transit development plans. Policy 12.5: The County shall participate in the MPO planning process through an interiocai agreement with the City of Naples and the City of Marco Island, and in a Joint Participation Agreement with the FDOT. Add the following policy due to the designation of the first fifty miles of Tamiami Trail west of the Dade County line as a State Scenic Highway (see the attached memo from FDOT): Policy 10.3 The County shall incorporate by reference the Corridor Mana.qement Plan for the Tamiami Trail Scenic Highway, which formed part of the application for Scenic Hiqhway desi.qnation authorized by the Board of County Commissioners on November 3, 1998. Add the following policy due to the adoption of the Public Transportation Development Plan on August 3,1999: Policy 12.10 The County shall incorporate by reference the Public Transportation Development Plan adopted by the Board of County Commissioners on Auqust 3, 1999. Amend the following policy to change the definition of "significant impact," to more accurately reflect the community's chosen standard for level of service: Words Underlined are additions; Words struck through are deletions. 7 Policy 5.2: Significant Impact is hereby defined as generating a volume of traffic equal to or greater than 5% of the Le':c! cf Sop;icc C minimum standard level of service.peak hour volume of an impacted roadway. Words Underlined are additions; Words struck through are deletions. 8 Petition CP-99-08 Exhibi~ A The factors to consider durine review of a rezone petition are as follows: Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreaee linfitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The amount, type and location of existing zoned conm~ercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center: Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses: Existing patterns of land use within the Mixed Use Activity Center and within two radial miles: Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of buffering for, adioining properties: Natural or man-made constraints: Rezonine criteria identified in the Land Development Code; Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code: Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plarz/master plan indicatinq on-site traffic movements, access point locations and type~ median opening locations and type on the abutting roadway(s), location of trafqc signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections: lnterconnection(s) for pedestrians, bicycles and motor vehicles with existing and fi:rure adiacent proiects: Conformance with the architectural design standards as identified in the Land Development Code. Interchange Activity Center ~ 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "eatewav" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meetint~ with the County planning staff within 60 days of the adoption of this Growth Manaeement Plan amendment and a findine of compliance from the Devartment of Community Affairs. The ~urvose of the meetin~ will be to establish a mutually acceptable vision statement for Activity Center # 9. The Interchange Master Plan shall be adopted by Resolution by the Board of County Commissioners. All rezones thereafter shall meet the intent of the vision statement. Subsequeut to the development of the vision statement, new projects within Activity Center # 9 are encourat~ed to have a unified plan of development m the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center # 9 shall include the full array of commercial uses: residential and non-residential uses; institutional uses; Business Park: hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast qua&ants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined durin~ the rezoning r~rocess. The entire Interchange Activity Center is eligible for up to ! 00% of the entire acreage to be developed for any of the uses referenced above, except the maxinmm amount of conunercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to consider during review of g rezone petition shall be compliance with the vision statement and those included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation. up to 16 residential units per gross acre may be permitted. This density may be distributed . throughout thc pro{ect, ' lnc ...... ~ any portion located outside of the boundaw of the Activity C~nter. (xvords underlined are added, words st:'ack :l:reugl: are deleted, as amended in 1997: words shaded and underlined are added, words shaded and ..... ............. agh are deleted, as proposed by this petition) 6 8 9 tO 11 12 13 14 15 !6 !9 2O 21 22 24 26 27 28 29 30 31 ~4 37 39 40 41 42 43 44 45 46 48 49 50 51 52 53 54 55 ORDINANCE NO. 99 AN ORDINANCE ESTABLISHING THE 1999 COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT ANNUAL UPDATE AND AMENDMENT BY CORRECTING. UPDATING. AND MODIFYING CERTAIN COSTS. REVENUE SOURCES. SUPPORTING POLICIES AND THE DATES OF CONSTRUCTION OF FACILITIES ENUMERATED IN THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. CAPITAL IMPROVEMENT ELEMENT FOR CAPITAL PROJECTS IN FISCAL YEARS 1999/2000 THROUGH 2002/2003: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Chapter 163. Part II, Florida Statutes also known as the Local Government Comprehensive Plannmg an(: Land Development Regulation Act of 1985 and Chapter 9J-5, Florid~ Admm~stratwe Code. also known as the M~mmum Cntena for Rewew of Local Government Comprehensive Plans and Determ,nabon of compliance requwe that Colher County correct, update, an noel? costs, revenue sources or the dates of construction pt tacfl~t~es enumerated ~n the Collier County Growth management Plan Capital Improvement Element on an annual bas~s, and WHEREAS. the Collier County has preDareO an Annual Update and Amer, emerd to the Capital improvement Eiement of ~ts Growth Management Plan I Ordinance No 89-05 / a5 amended fromt~me ~o time. that takes :nto cons~deratlor~ the piar!$ arid ttrlar~clai resources o1' the Cour~ty and of the Agenoes of the State of Flonda. and WHEREAS Chapter 163 Part Ii Florida Statutes Sections 163 3177 (3i lb) and 163 3187 (2) prowoe tot annual uo(:ate5 and amendments of local government Oapqal Improvement Elements that consider corrections uadates, and mod~f~cabons concermn9 costs: revenue sources; acceptance of facilities pursuant to ded~cabons wmcn are consistent with the Plan; or the dates of construchon of any facdihes enumerated ~n the Capital Improvement Element: and WHEREAS the Colher County Planmng Commission ~n a manner prescribed by law Old hoida public heanng concerning the correcbncj, updating, and modif-yin§ of certain costs revenue sources. and the dates of construcbon of facilities enumerated ~n the Collier County Growth Management P'an Cap~tai Improvement Element for capital prolects ,n Fiscal Years 1999.'2000 through 2002/2003 on September ~6 !999 and October7 1999 and recommended that ~t be subm~tted to tne Board off County Commissioners. as prepared noting certain considerations and recommendations: and ~*;HEREAS t!~,u Board uf County Co,'r, hm~ss~or~ers d~d take achon ~n the rrIDnner prescribed by law ano c~d hold a puOhc neanng on October 26. 1999: 8nd WHEREAS. all apphcable substantive and ;:)rocedur81 rec:uwements of law have been met NOW. THEREFORE BE IT BY THE BOARD OF COUNTY COMMISSIONERS of Collier County. Fionda that: SECTION ONE UPDATE OF COSTS. REVENUE SOURCES AND CONSTRUCTION DATES OF FACILITIES ENUMERATED IN THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN Th~s Ordinance. as described here~n, shall be known and c~ted as the 1999 Growth Management Plan Cap,tat improvement Element Annual Update and Amendment for Collier County. Florida The Collier County !999 Cap~tai Improvement Element Annual Update and Amendment. attached hereto and ~ncorporated by reference hereto as Exhibit A. consisting of amendments to Dohcies: requirements for capital ~mprovements ~molementation: and costs and revenues, ts hereby adopted and shall be the Collier County G~owth Mar-~agemer~t Plan Capita! improvement Eiemen,. Annual Update and Amendment of 1999 and shall supersede any and alt previous Capital Improvement Element Annual Updates and Amendments apphcable lo the unincorporated area of Collier County. SECTION TWO: SEVERABILITY If anv phrase or portion of this Ord,nance ,s held ,nvalid or unconstitutional by any court of j~? / competent juriSdiCtiOn, suctq port,on shall be deemed a separate, a~stinct and ~naepenaent prows~on and such hoidin~ sr~all not affect the validity of the remain,rig pomon Words uncerhned are additions: Words Situs× through are deletions 1 2 3 ,4 5 6 7 8 ~0 ~2 ~5 ~7 ~9 20 2~ 22 2~ 25 2~ 27 28 29 3O 3n 32 3,3 35 3~ 37 SECTION THREE: EFFECTIVE DATE This Ordinance sinall become effective upon filing w~th the Department of State and snail remain effective until the Department of Commumty Affairs ceterm~nes mat the 1999 - 2000 Comprehensive Plan Amendment ~s ~n comphance PASSED AND DULY ADOPTED by the Boarc of County Commissioners of Collier County this __ day of , 1999. ATTEST: DWIGHT E BROCK, Cler~, BOARD OF COUN"FY COMMISSIONERS COLLIER COUNTY. FLORIDA BY¸ PAMELAS MAC'KIE Chairwoman ~DDr0ved as to form anC :ega su~ioenc'y Mar)or,e M Student Assistant Co,Jnty Attorney Words dnderhnec a"e acditions: Words 5truc,~: thrc,.;¢~ are aeietions EXHIBIT A CAPITAL IMPROVEMENT ELEMENT Ninth Annual Update & Amendment COLLIER COUNTY, FLORIDA GROWTH MANAGEMENT PI_AN Prepared by Comprehensive Planning Section 1999 AMENDMENTS TO COLLIER COUNTY GROW-I'H MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT *INDICATES ADOPTED PORTION _ NOTE: THE SUPPORT. DOCUMENT IS UPDATED PERIODICLY AS NEW DATA AND INFORMATION BECOMES AVAILABLE. Words '~nderlined are additions; Words ~t~cck ~h~cu~k are deletions I. iNTRODUCTION In t985 and 1986 the Flonda Legislature significantly strengthened the requirements for county and c~ comprehensive plans. One of the provisions of the Local Government Comprehensive Planning a,~ Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities ..." (Section 163.3177(3), Flonda Statutes). TI~ Capital Improvement Element (CIE)must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in ~e CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements t~e statutes defines the phrase "level of service" as ".. an indicator of the extent or degree of service provided by .. a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (4t~. F~onda Administrative Code). CIE- 1 Words underlined are additions; Words st,%'ck thrcugh are deletions CAPITAL IMPROVEMENT ELEMENT GOALS~ OBJECTIVES AND POLICIES GOAL 1: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1: identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are needed in order to achieve and maintain the standards. Policy 1,1.1: The County shall establish standards for levels of service for three categories of public facilities, as follows: Category A public facilities are facilities which appear in other elements of this comprehensive plan. including arterial and collector roads, surface water management systems, potable water systems, samtary sewer systems, solid waste disposal facilities and parks and recreation facilities. The standards for levels of service of Category A County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category A facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are facilities for the County's library, jail, emergency medical service, other government buildings, and dependent fire districts. The standards for levels of service of Category B public facilities shall apply to the County's annual budget, but not apply to development orders issued by the County. Category C includes those facilities operated by Federal, State, and municipal governments. independent districts, and private organizations. The standards for levels of service of Category C facilities shall be advisory only, and shall not apply to the development orders issued by the County or the County's annua~ budget. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatus, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. CIE- 2 Words underlined are additions; Words ~tcu,c.4cJ=~u¢~ are deletions Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q:(SxD)-t. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development with consideration of their impact on both the vanable "D" in the formula Q = (S x D) - I. and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that s~gnificantly impacts either: (1) a roadway segment already operating and/or projected to operate within one year at an unacceptable Level of Service or; (2) the BEBR high range growth rate population projections throuqh the year 2000, and then the BEBR medium range growth rate thereafter, for the vanable "D", unless one or more of the following simultaneously occur: Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; The adopted population standard ¢c~,-c~o, ..... high range~,'--";'~"*;'","~vj~v,,v, ,/ used for calculation of"Q" in the formula Q = (S x D) - lis amended based on appropriate data and analys~s: The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County-Wide population greater than 5% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 5% of the Level of Service C peak hour volume of an impacted roadway. CIE- 3 Words underlined are additions: Words ",,t,'-Jck through are deletions There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County ~ Administrator. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analys~s described in Section A of this policy. Policy 1.1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy 1.1.4: Public facility ~mprovements within a category are to be considered in the following order or priority: Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that redUce or eliminate existing deficiencies in levels of service. New facilities that provide the adopted levels of service for new growth dunng the next five fiscal years, as updated by the annual review of the Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priodty order to serve: 1. previously approved orders permitting redevelopment, 2. previously approved orders permitting new development, 3. new orders permitting redevelopment, and 4. new orders permitting new developments. CIE- 4 Words underlined are additions; Words st,~_,ck through are deletions /'y? Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or providing higher quality public facilities than are contemplated in the County's normal design cnteria for such facilities. Policy 1.1.5: The standards for levels of service of public facilities shall be as follows: Category A Public Facilities A1 County Roads' A1.1 County artenals and collector roads: Level of Service as indicated "_" below on the basis of peak hour, peak season traffic volume: Level of Service "E" on the following designated roads: Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road Roads From - To Airport-Pulling Road Pine Ridge Road to Golden Gate Parkway Airport-Pulling Road to Santa Barbara Boulevard Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to US 41 Airport-Pulling Road to 1-75 The County has declared as "constrained" the followin,q segment: Vanderbilt Beach Road US 41 to Gulfshore Dnve A1 2 Level of Service "D" peak hour, peak season on all other County artenal and collector roads, however any section of road may operate at Level of Service "E" for a period not to exceed two fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropnate improvements. Development orders may be issued during the two year penod to the extent their issuance is consistent with Policies 1.5.3 and 1.5.4 of this Element. A2 State and Federal Roads: EXISTING RURAL AREA 1-75 B US 41 C SR-84 C SR-951 - SR-29 C SR-82 C TRANSITIONING URBANIZED AREA URBANIZED AREA C C D D D D D D CIE- 5 Words underlined are additions; Words st,";"..k through are deletions A3 County Surface Water Management Systems: A3.1 A3.2 Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. Existing "pnvate" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. A4 A4.1 A4.2 A4.3 County Potable Water Systems: County systems County Water Distnct - 185 gallons per capita per day Goodland Water Distnct - 163 gallons per capita per day City of Naples = 163 gallons per capita per day City of Everglades - 163 gallons per capita per day ~n incorporated service area Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. A5 A5.1 A5.2 A53 County Sanitary Sewer Systems: County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 121 gallons per capita per day City of Naples = 121 gallons per capita per day Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelernent of this Growth Management Plan. A6 A7 County Solid Waste Disposal Facilities' A6.2-1 A6.3 2 Category B B1 B2 B3 B4 Two years of t~,,,~f;, ,~,,,,,~ ,,~, ,~; ..... ~ ..... i,,, .,, ...... * '~" -""'" constructed lined cell capacity at the average disposal rate for the previous five (5) years Ten years of landfil! r=;': !and c,?.~pacit'; ~t pr=s~nt fill rat~s permittable capacity at the averaqe disposal rate for the previous five (5) years. Parks and Recreation Facilities: .= 2.9412 acres per 1,000/pop. = 1.2882 acres per 1,000/pop. = $179.00 capital investment per capita (at current cost) County A7.1 Regional Park land A7.2 Community Park land A7.3 Recreation facilities Public Facilities: County Library Buildings : 0.33 square feet per capita County Library Collection : 1.30 5 books per capita County Jail : 0.0024 beds per capita County Emergency Medical : .000068 EMS units per CIE- 6 Words underlined are additions; Words ~ are deletions /¢/ Service capita B5 County other Government : 2.58 square feet per capita Buildings B6 County Dependent fire distdcts: B6.1 Isle of Capri Distnct = 0.00097 apparatus and stations per capita B6.2 Ochopee Distnct = 0.00057 apparatus and stations per capita Category C Public Facilities: C1 Municipal Streets: C1.1 City of Naples C1.2 Everglades City = not to exceed annual average capacity of "C" for all streets = annual average of "A" for all collectors C2 C2.1 Federal and State Lands Surface Water Management: Federal Lands Surface Water Management = to protect Natural Resources, development allowed will be designed so drainage will have no adverse impact on resources. (No measurable standard) C2.2 State Lands Surface Water Management = leased lands for agnculture to have best management practices per clean water act. (No measurable standard) C3 C31 C3.2 Municipal Surface Water Management: City of Naples = maintain existing level of service. New development to conform with County surface water Everglades City = 10 year - 24 hour storm event C4 Municipal Potable Water Systems: C4.1 Everglades City = 135 gallons per capita per day, plus 21% for non-residential C5 Municipal Sanitary Sewer Systems: C5.1 Everglades City = 100 gallons per capita per day plus 21% for non-residential C6 C6.1 C62 Private Solid Waste Disposal Facilities: City of Naples = 1.55 tons per capita. Everglades City = 1.55 tons per capita C7 C7.1 Federal and State Parks: Federal Parks: Everglades National Park, Big Cypress Preserve - to protect environmentally sensitive lands. Boundaries set by legislation. (No measurable standard) C7.2 State Park: Policy is not to develop more than 20% (No measurable standard) C7.3 State Recreation Standard is of no particular size, physical development CIE- 7 Words underlined are additions; Words st,"-~ck thrcugh are deletions Area: limited to no more than 50% of land area. C8 C7.4 C7.5 C7.6 C8.1 C8.2 State Preserves: To maintain exceptional objects to conditions. Physical development limited to no more than 5% of land area. (No measurable standard) State Museum: No standard for size State Ornamental Garden: No standard for size Municipal Parks and Recreation Facilities: City of Naples: a. Community Parks b. Neighborhood Parks c. Beaches d. Recreation Facilities Level of Service Standards: 1. Basketball Courts 2. Baseball Fields 3. Beach Access Points 4. Boat Ramps 5. Bike Trails 6. Community Centers 7. Football Fields 8. Horseshoe Pits 9. Meeting Rooms 10. Pavilions 11. Picnic Areas 12. Play Areas 13. Racquetball Courts 14. Shuffleboard Courts 15. Swimming Pools 16. Tennis Courts 17. Volleyball Courts 2 acres/1,000 population 1 acre / 1,000 population 1 mile/25,000 population = 1/5,000 population = 1/5000 population = 1/1,000 population = 1/6,000 population = 1/1,500 population = 1/8,000 population = 1/10,000 population = 1/2,500 population = 1/6,000 population = 1/5,000 population = 1/5,000 population = 1/6,000 population = 1/2,500 population = 1/2,500 population = 1/25,000 population = 1/2,000 population = 1/4,000 population Everglades City: Community Parks Recreation Facilities: 1.25 acres/534 population 1. Basketball Courts = 1/534 population 2, Baseball Fields = 1/534 population 3, Bike Trails = 1/534 population 4. Community Centers = 1/534 population 5, Football Fields = 1/534 population 6. Pavilions = 1/534 population 7. Picnic Areas = 1/534 population 8. Play Areas = 1/534 population 9. Tennis Courts = 1/534 population CIE- 8 Words underlined are additions; Words s4ru,~-44~reu~ are deletions /23 C9 C10 Cll Private Recreation Facilities: a. No standard in industry b. Collier County Usable Open Space Requirement Ordinance #82-2 Sec. 7.27 Planned Residential Developments = 60% of gross area shall be devoted to usable open space Commercial, Industrial, & Mixed Purpose Development = at least 30% of gross area shall be devoted to open space 3. Dedication of usable open space = Maximum of 8% of gross project site Public Schools: K- 5 Elementary School = 6- 8 Middle School = 9 - 12 High School = 832 students/building 1100 students/building 2200 students/building Public Health Facilities: County Government Buildings standard of 2.58 sq. ft. per capita includes the County's public health facilities. CIE - 9 Words underlined are additions: Words st,'-Jck thrcugh are deletions FINANCIAL FEASIBILITY OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authonty to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: Public facilities financed by County enterpnse funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterpnse services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). Policy 1.2.4: Public facilities financed by non-enterpnse funds (i.e., roads, surface water management, parks. library, emergency medical service, jail, other government buildings, and dependent fire distncts) shall be financed from current assets (pay-as-you-go financing) except as otherwise provided in this policy Public facilities financed by non-enterpnse funds shall not be financed by debt unless such borrowing is the only financing technique available that will enable the County to provide facility capacity sufficient to meet standards for levels of service concurrent with new development. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the five year capital improvements plan or for excess capacity. Policy 1.2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. CIE- 10 Words underlined are additions; Words str'.'ck through are deletions Policy 1.2.6: ~'Fhe County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.7: The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS amd Library improvements necessitated by such development. Policy 1.2.8: ff. for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth dur;ng the next five i5) fiscal years: Remove from the adopted Schedule of Capital Improvements through a plan amendment facility ~mprovements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility The resulting revisions shall be reflected in the required annual update. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. E Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. Policy 1.2,9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Flonda Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. CIE - 11 Words underlined are additions: Words st,"~ck thrcugh are deletions PUBLIC EXPENDITURES ' COASTAL HIGH HAZARD AREA OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. Policy 1.3.1' The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element. Policy 1.3.2: The calculated needs for public facdities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development (thus obligations for infrastructure expenditures) to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. Policy 1.3.3: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and will develop a program to expand the availability of such including funding options for acquisition within one year of adoption of the Seventh Annual CIE Update and Amendment. CIE - 12 Words underlined are additions; Words st,~'ck through are deletions PROVIDE NEEDED IMPROVEMENTS OBJECTIVE 1.4: The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy 1.4.1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements in the "Requirements for Capital Improvements Implementation" section of this Capital Improvement Element. The Schedule of Capital Improvements may be modified as follows: A. The Schedule of Capital Improvements shall be updated annually. Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times dunng any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. Pursuant to Florida Statutes 1633177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. Policy 1.4.2: All Category A public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy 1.4.3: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Projects for which appropnations have been made in the annual budget will not be removed once they have been relied upon for the ~ssuance of a building permit. The County may also include in the capital appropnations of its annual budget additional public facility projects that conform to Policy 1.1.2 (B.3) and Policy 1.1.4(C) and (E). Policy 1.4.4: The County shall determine, prior to the issuance of building permits, whether or not there is sufficient capacity of Category A public facilities to met the standards for levels of service for existing population and the proposed development. No building permit shall be issued unless the levels of service for the resulting development will achieve the standards in Policy 1.1.5, Category A, and the requirements for Concurrency Management as outlined in the policies within Objective 1.5 of this element are met. Policy 1.4.5: Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements will be limited to Service Areas established within the boundaries designated on Map PW-1 titled, "Collier County's Three (3) Water and/ or Sewer Distncts Boundanes", appearing in the Public Facilities Element for water and sewer. Roads improvements will be provided as designated on Map TR-4W titled, "5-year Capital Improvement Element Map", appearing in the Traffic Circulation Element. All other public facilities and service types will be provided on a County-Wide availability basis. CIE- 13 Words underlined are additions; Words str'Jck thrcugh are deletions CONCURRENCY MANAGEMENT OBJECTIVE 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part II, Flonda Statutes and Rule 9J-5.0055, Flonda Administrative Code. The County shall establish a regulatory and monitonng program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or pnor to, the issuance of a building permit to achieve and maintain adopted level of service standards. Policy 1.5.1: The concurrency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: The necessary facilities and services are in place at the time a building permit is issuedl or The necessary facilities and serwces are under construction at the time a building permit is issued; or The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Flonda Statutes, or an agreement or development order issued pursuant to Chapter 380, Flonda Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur. Policy 1.5.2: The concurrency requirement for the Recreation and Open Space Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: Compliance with any one of the standards set forth in Policy 1.5.1 A, B and C is met; or At the time the building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construct- ion of the required facilities within one year of the issuance of the building permit; or The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Flonda Statutes. CIE- 14 Words underlined are additions; Words st,'-Jck through are deletions Policy 1.5.3: The concurrency requirement of the Traffic Circulation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: A. Compliance with any one of the standards set forth in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met; or In areas in which Collier County has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the concurrency requirement of the Traffic Circulation Level of Service Standards would be achieved or maintained if all of the following standards of the Concurrency Management System, based upon an Adequate Capital Improvements Program and adequate implementing regulations are met: A Capital Improvement Element and a five-year Schedule of Capital Improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The Capital Improvement Element and Schedule of Capital Improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. A five-year Schedule of Capital Improvements which must include both necessary facilities to maintain the adopted level of serwce standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated dunng the five-year period under the Schedule of Capital Improvements. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the building permit and which public facilities are included in the five-year Schedule of Capital Improvements. A five-year Schedule of Capital Improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. A five-year Schedule of Capital tmprovemer~ts which must demonstrate that all actual construction of the road facilities and the provision of services is scheduled to commence in or before the third year of the five-year Schedule of Capital Improvements. A plan amendment is required to eliminate, defer or delay construction of any road project which is needed to maintain the adopted level of service standard and which is listed in the five-year Schedule of Improvements. Policy 1.,5.4: The County shall continue to implement, a Concurrency Management System~_as identified in the Adequate Public Facilities Ordinance No. 96-53, codified in Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitonng system consistent with this Growth Management Plan and consistent specifically with the policies under ObjeCtive 1.5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and its Schedule of Capital Improvements. CIE - 15 Words underlined are additions; Words st,"~c~ through are deletions REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies. replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its cost during each of the next five fiscal years is shown in thousands of dollars (000). The month and year for actual commencement of construction and the month and year each project will be completed (in service) is indicated. Each project in Category A is consistent with the level of service standards as identified within this element and the appropnate individual element of this Growth Management Plan. Each project in Category B is consistent with the level of service standards as identified within this element. Optional elements were r~ot developed for Category B facilities. CIE- 16 Words underlined are additions; Words st,~.,ck through are deletions ~U tU Z © 0 © 0 © 0 o · e,. o ~u 0 0 8 oosG Z 0 Z 0 0 0 0 0 0 0 0 0 0 "3 4~ 4.1 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 o ~ o ~ o o o o o o 0 ~J 0 0 0 '~ 0 0 -~ 0 '~ -~ 0 i~1 ,,i i,i 0 0 0 0 0 0 0 0 iai iai iAI >- 0 0 0 0 0 0 0 Z ~ u.l ,m 0 0 0 0 0 0 0 ~' ~ 0 ~J ZO Z~ Z~ COSTS & REVENUES BY TYPE OF PUBLIC FACILITY (Xll) In the table below, the left column itemizes the types of public facdities and the sources of revenue. The center column contains the 5-year (FY99-03) amounts of restricted revenues. The r~ght column ~s a calculation of the deficit for each type of public facility. All deficits are accumulated as a subtotal. Beto the subtotal deficit is the source of additional revenue that will be used by the County to pay for the deficit in order to maintain the standards for tevels of service listed in CIE Policy 1 1.5. COUNTY ARTERIAL 8, COLLECTOR ROADS LESS Available Revenues: Gas Taxes Road Impact Fees Carry Forward Miscellaneous State Reimbursements ~84~6-~;~$62,763.000 ~ 33.290000 3!.268.000 34.741.000 ~ 3,010.000 275.000 575000 DRAINAGE PLANS AND PROJECTS Less MSTU Bonds Developer Contributions SFWMD DEP Naples 13,058,000 1.288000 5725000 1.126.000 1.002,000 WATER 8, SEWER SYSTEMS LESS System Development Fees/User Fees SOLID WASTE/LANDFILL Surplus* Balance Deficit Balance Balance $100,552.000 134.387.000 33.827.000 300000 0 27,785.000 22,199.000 (5,586OOO) 5! ~7 ~ 77,483.000 77,483,000 0 PARKS & RECREATION LESS Available Revenues: Park Impact Fees 4~ 14,900,000 Boating Improvement Funds 500.000 750.000 Bond/Loan Proceeds 14.100,000 CIE- 47 Words underilned are addit~cns: Words 29,750,000 Deficit 29,750,000 through are deletions EMERGENCY MEDICAL SERVICE LESS EMS Impact Fees JAIL Less Bond/Loan Proceeds LIBRARY Buildings Collection Total Library Costs 4.619.100 3,565,700 8.184.800 LESS Library Impact Fees GOVERNMENT BUILDINGS FIRE DISTRICT Isle of Capn Ochopee Deficit Balance Deficit Balance Deficit Balance '~ ~,.,~nnn 2244000 2.000.000 (244 000) 6.756,000 14,641.000 0 4.056.000 4.128.800 0 0 0 Subtotal Deficit of Restricted Revenue vs. Costs" ADD Unrestricted Revenues: Ad Valorem Taxes Balance (9,958,800) 9.958,800 Note~ * Funding for non-CIE transportation projects and reserve for future CIE projects. '* Excludes transportation restricted surplus. words · ander!zned are addz:zcns; CIE- 48 Words wl~h s~ruck ~hrou~h are ieie~ons PROGRAMS TO ENSURE IMPLEMENTATION Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in the Capital Improvement Element will be achieved or exceeded. 1. Buildinq Permit Review As part of the review of all applications for building permits, the County will determine whether or not there will be sufficient capacity of Category A public facilities to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. 2. Development Order Review As part of the review of requests for all development orders hawng negative ~mpacts on Category A Public Facilities other than building permits, the County will determine whether or not sufficient capacity of Category A public facilities is planned for completion concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. 3. Impact Fees [mi)act Fee Ordinances w~ll rec!u~re the same standard for the level of serwce as ~s required by Policy ! 15 4. Annual Bud(jet The annual budget wdl include ,n ~ts capital appropriations all projects in the Schedule of Capital improvements that are planned for expenditures during the next fiscal year. 5. Semiannual Report The mandatory semiannual report to the Department of Community Affairs concerning amendments to the comprehensive plan due to emergencies, developments of regionat impact and selected small developments will report on changes, if any. to adopted goals, objectives and policies in the Capital Improvement Element. 6. Update of Capital Improvement Element The mon~tonng of and adjustment to the Capital Improvement Element to meet the changing conditions must be an ongo~ng process Beg~nning in August of each year. the element will be updated ~n conjunction w~th the County's budget process and the release of the official BEBR population estimates and projections. The update will include: 1. Revision of population projections: Updates of facility inventory; 3. Update of unit costs; Update of facilities requirements analysis to project 10 year needs (by fiscal year)in order to program projects to meet the service standards. Update of revenue forecasts in order to evaluate financial feasibility and the County's. ability to finance capital improvements needed to meet the service standards 6. Revise and develop capital improvement projects for the next five years. The.first year's schedule of projects will be incorporated into the County's budget effective October .~,~ CIE 49 Words underlined are additions; Words st.'%'ck thrcug~ are deletions Update of the public school and health facilities analysis. t. Concurrency Mana,qement System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: Annual monitonng report on the capacity and levels of service of public facilities compared to the standards for levels of service adopted in Policy 1.1.5. of this Element. The report summarizes the actual capacity of existing public facilities and forecast the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. This annual report constitutes evidence of the capacity and levels of service of public facilities for the purpose of issuing development orders dunng the 12 months following completion of the annual report. This report is the Annual Update and Inventory Report on Public Facilities (AUIR). Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 2 to enforce the requirements of Policies 1.5.1, 1.5.2 and 1.5.3 of this Element. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. Levels of service are compared to adopted standards on an annual basis. Annual monitonng is used, rather than case-by-case monitoring, for the following reasons: annual monitonng corresponds to annual expenditures fOr capital improvements during the County's fiscal year; and b. annual monitonng covers seasonal variations in levels of service. CIE 50 Words underlined are additions; Words st*r,-'~k thrcugh are deletions 8. Second 5-year Evaluation and Appraisal Report The required Second 5-year evaluation and appraisal report will address the implementation of the goals, obiectives and policies of the Capital Improvement Element. The monitonng procedures necessary to enable the completion of the 5-year evaluation include: a. Review of annual reports of the Concurrency Management System: Review of semiannual reports to DCA concerning amendments to the Comprehensive Plan; and Review of annual updates of this Capital Improvement Element, including updated supporting documents. CIE 51 Words underlined are additions; Words st,"--'ck through are deletions EXECUTIVE SUMMARY PETITION R-99-1, GEOFFREY G. PURSE OF PURSE AND ASSOCIATES, INC., REPRESENTING SUNSET HARBOR CLUB, REQUESTING A REZONE FROM Co4 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 Subdistrict 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 from requirements of Chapter 380, F.S., with the exception of a settlement agreement between 0C7 . .., ~999 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 be in 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. OCT 2 6 1999 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. 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 valorem taxes. The amount of revenue generated by the ad valorem tax depends on the value of the improvements. At this time, staffhas not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem 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 AC.~_Ni:)A I"1~ OCT 2 6 1999 particular land development project. But, at this time, staffhas 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 housing 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 mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed 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: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the 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. / OCT 2 6 1999 PREPARED BY: PRINCIPAJ/PLANNER A~ DATE CURRENT PLANNING MANAGER DATE R~O~ERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition R-99-1 Sunset Cay rezone. Continued from the October 12, 1999 BCC meeting. Tentatively scheduled for the October 26, 1999 BCC meeting. \ OCT 2 0 1999 JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Help/ng 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 Street Post Office Box 6526 Taltahassee, Florida _;2314 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 glands" development. Based on the representations in your July 23"~ letter along with previous representations made in your May 7m 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 nave ~en addressed. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom Internet aadress: http:l/wwv~.state.fl.us/comaffl AGENDA ITEM -0781 OCT 2 6 1999 Elizabeth C. Bowman, Esq. August 19, 1999 Page Two In sum, if ,Mr. Hardy pursues and obtains rezones 99-01 and 9%04 as modified by the conditions outlined in your May 7~' and July 23~ 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 Community Planning AGENDA ITEM OCT 2 6 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 Bomta Beach Road, umt 9 Bomta 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/DESCRI~ION OF PROJECT: The petitioner is requesting a rezoning to allow the development of 52 multi-family homes by changing the zoning district from General Commercial, C-4 to Residential Multi-family, RMF- 12(8) with a density cap of eight dwelling units per acre (see Rezone Master Plan aRached). 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 ac, ce~ via Newport Drive. The property is ,mostly , vacant except for an abandoned asphalt runway tlmt hms fi'om north to south througt the OCT 2 6 ;999 1 m I AGENDA ITEl I / OCT 2 6 ~919 I ~o ,I R 99-01 SURROUNDING LAND USE AND ZONLNG: 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 C4, 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 m 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 GM? 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 m the GM?. The requested zoning action is therefore consistent with the GM? Future Land Use Element (I:T,UE) Policy 5.1, which requires that all r~zonings be col~sistent with the GMP. This site was also part of a settlement agreement bctwenm the developer and the Flonda Depa~iment of Community :~'airs (DCA). That ~ellt reco~trrti7~ the existing development plans fo~ this phase of development (Parcels 1I and m) as long as it is "...consistent with the genera phm~A ff~Od development for that prope~xy for uses ofmuitifamily and single family residential sun ctur~,~ 2 // with related commercial uses, all in accordance with zomng thereof, provided developer develops in accordance with the provisions hereof using Best Management Practices for control and discharge of surface water and storm water runoff." Regardless of the settlement agreement, the subject petition is consistent with the locational criteria for multi-family development as 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, Staff's opinion is that a rezonmg action from C-4 to RMF-12(8) would not change any level of service relationship in a negative manner. HISTORICAL/ARCHAEOLOGICAL INIPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical/archaeological probability as 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 admimstratively reviewed on behalf of the EAB and Staff recommended approval. ANALYSIS: An appropriate evaluation of petitions for rezonmg 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 commumty's future land use plan, and whether or not a rezonmg action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an asset, sment of adequacy of transpo~on 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 use~. The most important facet of the r~mning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of 3 ~he AGENDA ITF~ OCT 2 6 19S 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 planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Land Development Code provides for 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 opm/on 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 is 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 - The 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 future impact to the existing residential neighborhood, such as would occur with a larger commercial project Therefore, Staffis of the opinion that a rezonmg of the subject property to a RMF-12(8) zoning district will be compatible with abutting and nearby developmenL The property immectiately abutting the subject site to the south is RMF-16, and the property allultiatiGit~A ITEM the subject site to the northeast is Residential Tourist, RT, respectively. Both of these adj~ent~. ,,d.~(<~)/ C',CT26{999 designations allow similar housing. Fttrthermore, existing residential has developed with similar densities as would be allowed if this request is approved. In surmmary, 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 umts per acre (RSF-3, RSF-a, 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 (Remuda Ranch). The remaining property abutting the north side of the subject site will remain C-4, General Commercial, but the reduction m the potential commercial intensity as a result oft/tis request will help make any commercial development less intrusive to the existing neighborhood. Timing - There are no issues of timing. Construction of residential an.its in the remaining RMF- 16 district to the south is underway and this property will likely develop within the next few vears. The site can be served with available community' mfi'astmcture and utilities. The Port of the Islands Commumty Improvement District has sufficient capacity for water and sewer service. Traffic - Staff has 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 (RDI). Furthermore, a comparison of trip generation for the existing C-4 zoning versus the proposed RMF-12(8) zomng 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 46200 Irips 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 ofrezoning certain lands from "C-~", Gen~ Commercial, to "RMF-12(8)", Residential Multi-family, as described in the recommended Ordinance for Adoption. A~.NDA ITEM \ OCT 2 6 1999 /5/ PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: RO ALD . NIN0, AICP CURRENT PLANNING :MANAGER DATE R.E / , AICP PLANNLNG 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 COL2qTY PLANNING COMMISSION: 6 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 currently an undeveloped parcel containing an abandoned airstrip runway that is zoned C4, 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 R. MF-16, Residential Multi- family, and is currently developing with eondomimums. Ex~b~"A' 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. 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 rezonmg. Con: Evaluation not applicable. Summary Findings: The parcel is in a location such that it will not result in an isolated generic zoning dislrict unrelated to adjacent and nearby districts. Adjacent properties to the east are developed with uses permitted in the RT and the C4 zoning districts and which primarily serve the residents of Port of the Islands. The property to the north will remain C-4. The properties to the south are zoned RMF-16 but have similar densities to the proposal. 2 OCT 2 6 1999 /7' 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 GM? 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 FLU-E (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 GMP presently remains consistent. Furthermore, with the near build out of residential umts 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 pemaved 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 pwposed 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. AGENDA ITEM OCT 2 6 1999 e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GM:P, 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. Summary_ Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans, which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which 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. SummarT 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 otho'a 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 ofair does not adversely affect adjacent areas. The design of any future residential dwellings, and the reduced density pore created by the proposed down zoning should mitigate any negative eonditi< any nearby residential units. 4 I'~ to AGENDA ITEM OCT 2 6 1999 10. 11. 12. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value det~mdnation 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 sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 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 ~rupportmg zoning actions when they are consistent with said Comprebensive Plan. In light of this fact the proposed change do~ not constitute a graat of special privilege. Consistency with the FLLrE is further determined to be a public welfare relationship because actions consistent with plans are in the public inter,st. .... A~.NDA ~TE~ / k. OCT 2 6 1999 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning: Pro/Con: Evaluation not applicable. Summary Finding: The subject property can be developed in accordance with the existing zomng; 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. 14. 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_ Findings: The proposed development complies 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. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summar3, 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 detc,~-,ining factor when evaluating the appropriateness of a rezoning decision. Determining whether or not the p~ zoning action is a~ropriate at this site is based on an evaluation of its cona~ency with all elements of the GIMP, compatibility with surrotmding development, adequacy of infrastructure, and to some extent the timing of the action. AGENDA ITEM OCT 2 6 1999 16. 17. 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 Findines: 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. 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 def'med 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 7 A~DA ITEM / OCT 2 6 999 .kN' ORDINANCE .~,~NDING ORDINANCE NUMBER 91-102, TIlE COLLIER COUNTY LAND DEVELOPME.x~r CODE WHICH ESTABLISHED ~ COM~KEHENSIVE ZONING KEGU-LATIONS FOP. TIlE UNINCORIK)RATED AREA OF COLLIER COL2WFY. FLOR.IDA, BY AMENDING ~ OFFICIAL ZONING ATLAS MAP 2500N BY CHANGING THE ZONING CLASSn~ICATION OF HEREIN DESCRIBED PROPERTY LOCATED ON U.S. 41 EAST AT THE NORTHWEST CORNER OF PORT-OF. TIlE-ISLANDS PHASE ON~ ~SUNSET CAY) IN SECTION 09, TOWNSHIP 52 SOUTH, RANGE EAST, COLLIZR COUNTY, FLORIDA, FROM C-.~, GENERAL COMMERCIAL TO RMF-12 FOP, RESIDENTIAL MULTI-FAMILY; PROVIDING FOR STAFF AND PLANNING COMMLSSION STIPU"LATIONS: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, G~offrey G. Pu_me of Pur~e A.~.~cmtes. inc., repre~znnng Su~et Harbor Club, peuuoned the Board of County Comm~s~oner~ to change the zomng claastficauon of the hereto deacn'bed ~ property; NOW, THEREFORE BE IT ORDAI3qED BY THE BOAKD OF COUNTY COMMISKIO~ OF COLLEER COUNTY, FLORIDA: SECTION ONE: The zoning cla.~dicat~on of the real property, aa more parncularly de$c'nbed by Exl~'bit 'A', attached hereto a.ud incorporated by reference beretta ~nd located m Secuon 9, Township 52 South, P,,tnge 28 Collier County, Ftonda, ~ cim~ged from "C-4" to "KM~- 12(8)" and the Official Zoning Atl~ ~ Nulz~*t 2809N. as described m Ordinance 91-102. the Collier Cotmty Land Development Code m hereby amended accordingly. The hereto described real proper{y :$ the ~am¢ for which the rezone ~ hereby SECTION TWO: Th~ &rd,un.ce sl~ll become effective upon filing w~th the Department of St~t~. PASSED AND DULY ADOPTED by tl~ Board of Cmmty Comm~onera of Coll~ C_.~m~y, Florida. this __ day of , l~. BOARD OF COUNTY COMMISSIONEP. S COLLIER COUNTY. FLORIDA DWIGHT E. BROC'K~ CLERK BY: P~mel~ S. M~cKle. C'hsu'w~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY M~UOi~ M b-TUD~rr ASSI~FANT COUNTY' A~Y ~ i ~ o~ kGEt~A II'F.~ -- k OCT 2 6 1999 ~/~zf~ / OCT 2 6 1999 FW. '~JU.' ~OWF... Pq..S 14AILING ~.0. 80X ~00~5 NAII~..F..S. FLORIDA 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 ~OOK 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 B~INNIN~ OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE NORTH 89'~3'20'' WE~T ~OR A DISTARCE OF 377.03 FEET TO A POINT ON THE WF, ST LINE OF THE SO~THE~T ~ER OF S~CTION 9, TOWNSHIP 52 SO~T~, ~ANGE 28 KAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'17'01"' EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SA/D SECTION 9,FOR A DISTANCE OF 839.09 FEET TO A POINT; THENCE LEAVING THE WEST LINE OF SA/D 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 ROADWAY EASEMENT RECORDED IN OFFICIAL RECORDS ~O~K 1144, PAGE 1195; THENCE ALONG THE WEST LINE OF SA/D 60 FOOT ~Y EASEMENT, SOUTH 00'16'40" WEST FOR A DISTANCE OF 744.48 FEET TO THE POINT OF BEGINNING. CONTA/NING 6.85 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHO~N 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, FLORI~IA, A~ BEING SOUTH 00'16' 40" WEST Date: December 7, 1998 Dennis M. Portella, Sr. PLS#4504 Not valid u~ess signed and sealed w~th an embossed seal. Exhibit "A" 2 of 2 RECEIVED JAN 1 3 1999 ' E 9g AGENDA ITEM '-OCT 2 6 1999 EXECUTIVE SUMMARY PETITION PUD-76-35(2), R. BRUCE ANDERSON, ESQ., OF YOUNG VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING AQUAPORT, L.C., REQUESTING AN AMENDMENT TO THE WILDERNESS PUD, ORDINANCE NO. 77- 7, FOR THE PURPOSE OF APPROVING A MIXED USE (RETAIL/SERVICE/ OFFICES) COMMERCIAL DEVELOPMENT NOT TO EXCEED 37,460 SQUARE FEET OF GROUND FLOOR SPACE SUBJECT FURTHER TO A SPECIFIC SITE DEVELOPMENT PLAN FOR PARCEL 9 (A.K.A.) COMMERCIAL TRACT OF SAID WILDERNESS PUD MASTER PLAN FOR PROPERTY FRONTING ON GOODLETTE- FRANK ROAD (C.R. 851) IN SECTIONS 22 AND 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: Pursuant to provisions of the Wilderness PUD this petition seeks to have the Board of County Commissioners amend the Wilderness PUD for the purpose of permitting specific uses of the commercial tract according to a Site Development Plan. CONSIDERATIONS: The Wilderness PUD is located on the east side of Goodlette-Frank Road immediately north of the City Limit boundary as it relates to the east side of Goodlette-Frank Road approximately ¥4 mile north of Golden Gate Parkway. Parcel 9 of the Wilderness PUD provides that the PUD be amended for specific uses of said parcel, and that this opportunity be used to establish development standards for said specific uses through the vehicle of approving a Site Development Plan. At this point in time the purpose of the amendment is to specifically provide for the establishment of a mixed-use commercial development consisting of retail/service and office uses. The Wilderness PUD is unique in its accommodation of land set aside for non- residential and commercial land uses. Its uniqueness lies in the fact that no uses are identified, nor are any development standards provided. The PUD document sets aside Parcel 9, a 10.69- acre tract of land for non-residential /commercial purposes, and specifically provides for amending the Wilderness PUD pursuant to amendment procedures contained in the LDC to authorize subsequent specific uses. Pursuant to a specific Site Development Plan, a previous amendment resulted in the construction of an Assisted Living/Nursing Care facility on the most northerly portion of Parcel 9. Because the PUD provides for site-specific uses of land according to a Site Development Plan, said uses are specifically listed on the Site Development Plan together with applicable development standards. The Site Development Plan provides for the following uses of the land. The Collier County Planning Commission heard this petition on October 7, 1999. By a vote of 6 to 1 the Planning Commission recommended approval of the amendment and site development plan with the following conditions: ,,~noA OCT 2 6 TABLE OF PERMITED USES THE FOLLOWING USES WILL BE PERMITTED ON ALL PROTIONS OF THE PROJECT CATEGORY SIC CODES EXAMPLES OF PERMITTED USES OFFICE SUPPLY 5112 STATIONERY AND OFFICE SUPPLIES- WHOLESALE LANDSCAPE PLANNING 0781 LANDSCAPE ARCHITECTS, LANDSCAPE COUNSELING AND PLANNING, HORTICULTURAL ADVISORY SERVICES BUILDING MATERIALS 5231,5251 PAINT, WALLPAPER AND HARDWARE STORES (NO LUMBER OR NURSERY STOCK) RETAIL 5231,5251 DEPARTMENT STORES, VARIETY STORES, MISCELLANEOUS GENERAL ESTABLISHMENTS MERCHANDISE FOOD STORES, APPAREL AND ACCESSORIES, HOME FURNITURE, FURNISHINGS AND EQUIPMENT; DRUG STORES; LIQUOR STORES; JEWELRY STORES, ETC. EXCLUDED ARE CATALOG AND MAIL-ORDER HOUSES, VENDING MACHINES, FUEL OIL DEALERS AND LP DEALERS. ENTERTAINMENT MAJOR GROUPS EATING AND DRINKING ESTABLISHMENTS, WITH OR WITHOUT 58 AND 79 ENTERTAINMENT; AMUSEMENT AND RECREATION SERVICES. FIANCE, INSURANCE, AND REAL ESTATE SERVICES PROFESSIONAL SERVICES MUSEUMS. LIBRARIES, AND ART GALLERIES MEMBERSHIP ORGANIZATIONS PUBLIC ADMINISTRATION 60, 61, 62, 62, 63 64, 65, AND 67 7212, 7221, 7231, 7241, 7251, 7291, 7299.AND MAJOR GROUP 73 EXCEPT 7312, 7331, 7342, 7349, 7384 AND EXCEPT SUB- GROUP 735 AND 736. MAJOR GROUPS 80, 81,87 8412,8231 MAJOR GROUP 86 MAJOR GROUPS 91, 92, 93, 94, 95, 96, AND 97. EXCEPT 9223, 9224 AND 9711 DEPOSITORY INSTITUTION (BANKS AND CREDIT UNIONS). TRUST COMPANIES AND RELATED ESTABLISHMENTS; NONDEPOSITORY FINANCIAL INSTITUTIONS; MORTGAGE BROKERS; SECURITIES AND COMMODITIES BROKERS AND ADVISORS; INSURANCE CARRIERS, AGENTS, BROKERS, AND SERVICES; REAL ESTATE OPERATORS. AGENTS, BROKERS, AND DEVELOPERS; TITLE COMPANIES; HOLDING COMPANIES AND OTHER INVESTMENT OFFICES. GARMENT PRESSING AND AGENTS FOR LAUNDRIES AND DRYCLEANERS; PHOTOGRAPH STUDIOS, BEAUTY AND BARBER SHOPS; SHOE REPAIR; TAX RETURN PREPARATION; MISCELLANEOUS PERSONAL SERVICES; BUSINESS SERVICES; ADVERTISING EXCEPT OUTDOOR ADVERTISING AND DIRECT MAIL ADVERTISING; COMMERCIAL ART. PHOTOGRAPHY AND GRAPHIC DESIGN; COMPUTER PROGRAMMING, DATA, PROCESSING AND RELATED SERVICES. DOCTORS OFFICES, DENTISTS, AND MEDICAL SPECIALISTS; NURSING AND PERSONAL CARE FACILITIES; HOSPITALS AND CLINICS; MEDICAL DENTAL LABORATORIES; HOME HEALTH CARE SERVICES; LEGAL SERVICES; ENGINEERING; ARCHITECTURAL AND SURVEYING SERVICES; ACCOUNTING, AUDITING AND BOOKKEEPING SERVICES; RESEARCH, DEVELOPMENT AND TESTING SERVICES; MANAGEMENT AND PUBLIC RELATIONS SERVICES. MUSEUMS AND ART GALLERIES, NOT PRIMARILY SELLING; LIBRARIES. BUSINESS ASSOCIATIONS; PROFESSIONAL MEMBERSHIP ORGANIZATIONS; LABOR UNIONS AND ORGANIZATIONS; CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS; POLITICAL ORGANIZATIONS; MISCELLANEOUS MEMBERSHIP ORGANIZATIONS. EXECUTIVE Attendant development standards propose a total building area of 72,000 square feet distributed as follows: Office- 31,000 s.f Retail- 27,200 s.f Restaurant- 6,000 s.f Financial- 7.500 s.f £otal 72,000 s.f OCT 2 6 1999 (i) That no more then two ground-maintained signs be allowed not exceeding a height of twelve and one-half (12.5) feet. (ii) That a minimum landscape strip of twenty (20) feet be provided along Goodlette- Frank Road in which an earthen contoured berm be established with additional vegetation material so as to diminish the view of on-site activities. (iii) That a landscape plan be made part of the approved Site Development Plan iljustrating the landscaping of parking lot islands having the effect again of diminishing the visual impact of a parking lot. (iv) That building heights not exceed three (3) stories. (v) That a common architectural theme be established. A representative of the Wilderness Master Property Owners Association advised that they were in agreement with the development as conditioned, with one exception. The Wilderness Property Owners stated their opposition to any entertainment or restaurant uses. FISCAL IMPACT: At build-out based upon authorized uses and planned intensity of development the following revenue stream is estimated. Impact Fees Roads (a) Mixed Commercial (Retail/Offices/Services) 72,000 sq. fi. + 1,000 x 5,000 (averaged) = $360,000.00 2. Fire - 72,000 sq. ft. x 0.30 = $ 21,600.00 Surcharges (a) Radon Gas = (b) Bldg. Code Admin. 72,000 sq. ft. x .005 = (c) Micro film (est. 3 permits) = $ 360.00 $ 36O.OO $ 4.5O 4. EMS - 72,000 sq.ft. + 1,000 x $200 (averaged) $ 14,400.00 TOTAL IMPACT FEES $396,724.50 Because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual type of use, the total impact fees quoted above are at best raw estimates. Additionally, it' should be appreciated that there is no guarantee that the project at build-out will have maximized their authorized level of development. ~ ~G£NDA ITEM OUr 261999 In addition to the impact fees as described, there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to the County system. Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of a particular development on County provided services. Finally, additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue streams. A tSscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. At this point in time staff has not developed a model by which to estimate the costs of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way, particularly with respect to housing projects to determine their value, and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that notwithstanding fiscal impact relationships development takes place in an environment of concurrency relationships. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-76-35(2) Wilderne~. conditioned by the Collier County Planning Commission. OCT 2 6 1999 RONALD F. NII~),v ~I-CP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROB/ERT J. MULItERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPR/0~/~ BY: VINCI~NT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/adnv'EX SUMMARY/PUD-76-35(2)/RFN/im net 2 6 1999 AGENDA ITEM 7-I VlEMORANDUM TO: FROM: DATE: RE: CO G COMMISSION 1' & ENVIRONMENTAL SERVICES SEP ~ r:lvtt~R 23, 1999 PETITION NO: PUD-76-35(2), WILDERNESS PUD OWNER/AGENT: Agent: R. Bruce Anderson Esq. Young, Van Assenderp, Vanadoe 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: Aquaport, L.C. 568 Ninth Street South, Suite 137 Naples, Florida 34102 (Clifford Copp & Norman Burke) REQUESTED ACTION: This petition seeks to amend the Wilderness PUD to specifically authorize the use of the designated commercial tract in part for a wide range of retail/service and office uses predominately found in the C-3 zoning classification. GEOGRAPHIC LOCATION: The Wilderness PUD is located on the east side of Goodlette-Frank Road immediately north of the City Limit boundary as it relates to the east side of Goodlette-Frank Road approximately 3/4 mile north of Golden Gate Parkway (see Location map). PURPOSE/DESCRIPTION OF PROJECT: Parcel 9 of the Wilderness PUD provides that the PUD be amended for specific use of said parcel, and that this opportunity be used to establish development standards for said specific uses through the vehicle of approving a Site Development Plan. At this point in time the purpose of the amendment is to _specifically provide for the establishment of mixed use commercial development consisting of :ail/service and office uses specifically, the following users are requested. AGENDA ITEM OCT 2 6 1999 TABLE OF PERMITED USES THE FOLLOWING USES WILL BE PERMITTED ON ALL PROTIONS OF THE PROJECT CATEGORY SIC CODES EXAMPLES OF PERMITTED USES OFFICE SUPPLY 5112 STATIONERY AND OFFICE SUPPLIES- WHOLESALE LANDSCAPE PLANNING 0781 LANDSCAPE ARCHITECTS, LANDSCAPE COUNSELING AND PLANNING, HORTICULTURAL ADVISORY SERVICES BUILDING MATERIALS 5231,5251 PAINT, WALLPAPER AND HARDWARE STORES (NO LUMBER OR NURSERY STOCK) 5231,5251 RETAIL ESTABLISHMENTS DEPARTMENT STORES, VARIETY STORES, MISCELLANEOUS GENERAL MERCHANDISE FOOD STORES, APPAREL AND ACCESSORIES, HOME FURNITURE, FURNISHINGS AND EQUIPMENT; DRUG STORES; LIQUOR STORES; JEWELRY STORES, ETC. EXCLUDED ARE CATALOG AND MAIL-ORDER HOUSES, VENDING MACHINES, FUEL OIL DEALERS AND LP DEALERS. ENTERTAINMENT MAJOR GROUPS EATING AND DRINKING ESTABLISHMENTS, WITH OR WITHOUT 58 AND 79 ENTERTAINMENT; AMUSEMENT AND RECREATION SERVICES. FIANCE, INSURANCE, AND REAL ESTATE SERVICES 60, 61,62, 62, 63 64, 65, AND 67 7212, 7221,7231, 7241, 7251. 7291, 7299 .AND MAJOR GROUP 73 EXCEPT 7312, 7331, 7342, 7349, 7384 AND EXCEPT SUB- GROUP 735 AND 736. MAJOR GROUPS 80, 81, 87 PROFESSIONAL SERVICES DEPOSITORY INSTITUTION (BANKS AND CREDIT UNIONS). TRUST COMPANIES AND RELATED ESTABLISHMENTS; NONDEPOSITORY FINANCIAL INSTITUTIONS; MORTGAGE BROKERS; SECURITIES AND COMMODITIES BROKERS AND ADVISORS; INSURANCE CARRIERS, AGENTS, BROKERS, AND SERVICES; REAL ESTATE OPERATORS. AGENTS, BROKERS, AND DEVELOPERS; TITLE COMPANIES; HOLDING COMPANIES AND OTHER INVESTMENT OFFICES. GARMENT PRESSING AND AGENTS FOR LAUNDRIES AND DRYCLEANERS; PHOTOGRAPH STUDIOS, BEAUTY AND BARBER SHOPS; SHOE REPAIR; TAX RETURN PREPARATION; MISCELLANEOUS PERSONAL SERVICES; BUSINESS SERVICES; ADVERTISING EXCEPT OUTDOOR ADVERTISING AND DIRECT MAIL ADVERTISING; COMMERCIAL ART, PHOTOGRAPHY AND GRAPHIC DESIGN; COMPUTER PROGRAMMING, DATA, PROCESSING AND RELATED SERVICES. DOCTORS OFFICES, DENTISTS, AND MEDICAL SPECIALISTS; NURSING AND PERSONAL CARE FACILITIES; HOSPITALS AND CLINICS; MEDICAL DENTAL LABORATORIES; HOME HEALTH CARE SERVICES; LEGAL SERVICES; ENGINEERING; ARCHITECTURAL AND SURVEYING SERVICES; ACCOUNTING, AUDITING AND BOOKKEEPING SERVICES; RESEARCH, DEVELOPMENT AND TESTING SERVICES; MANAGEMENT AND PUBLIC RELATIONS SERVICES. MUSEUMS. LIBRARIES, 8412, 8231 MUSEUMS AND ART GALLERIES, NOT PRIMARILY SELLING; LIBRARIES. AND ART GALLERIES MEMBERSHIP MAJOR GROUP BUSINESS ASSOCIATIONS; PROFESSIONAL MEMBERSHIP ORGANIZATIONS; ORGANIZATIONS 86 LABOR UNIONS AND ORGANIZATIONS; CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS; POLITICAL ORGANIZATIONS; MISCELLANEOUS MEMBERSHIP ORGANIZATIONS. PUBLIC EXECUTIVE ADMINISTRATION MAJOR GROUPS 91, 92, 93, 94, 95, 96, AND 97. EXCEPT 9223, 9224 AND 971 I Attendant development standards propose a total building area of 72,000 square feet distributed as follows: Office- 31,000 s.f Retail- 27,200 s.f Restaurant- 6,000 s.f Financial- 7,~00 $,f £otal 72,000 s.f ~'-'~GENDA ITEM" OE? 261999 .! ~--SURROUNDING LAND USE AND ZONING: Existing: The subject property is vacant and zoned PUD. Surrounding: North - To the north the land is developed with a assisted nursing care facility (Windsor Place) and is located on part of the commercial tract in the Wilderness PUD. East - To the east lies the Wilderness Golf Club, which is part of the Wilderness PUD. South - To the south the land is undeveloped and is located in the City of Naples and is zoned Highway Commercial. West - To the west lies Goodlette-Frank Road. GROWTH MANAGEMENT PLAN CONSISTENCY: Pursuant to the Zoning Re-evaluation Process, Parcel 9 in the Wilderness PUD retained its potential for commercial development because of the "improved ctatus" of the land in the Wilderness PUD. Given this ;lationship the amendment would constitute with the FLUE to GMP. Evaluation for consistency with applicable elements including traffic, open space, natural features preservation and utilities advise that the amendment for this specific use would not abridge any LOS requirement, policy or objective of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ANALYSIS: The Wilderness PUD is unique in its accommodation of land set aside for non-residential and commercial land uses. Its uniqueness lies in the fact that no uses are identified, nor are any development standards provided. The PUD document sets aside Parcel 9, a 10.69-acre tract of land for non- residential/commercial purposes, and specifically provides for amending the Wilderness PUD pursuant to amendment procedures contained in the LDC to authorize subsequent specific uses. Pursuant to a specific Site Development Plan, a previous amendment resulted in the construction of an Assisted Living/Nursing ....._Care facility on the most northerly portion of Parcel 9. Because the PUD provides for site specific uses of nd according to a Site Development Plan said uses are specifically listed on the Site Development Plan ogether with applicable development standards. ~ r ~G~ OCT 2 6 1999 pg.. ~' development separated by golf course fairways. Immediately adjacent the east side of the site are the golf course maintenance facilities. Regarding the matter of compatibility as it relates to contiguous land uses, a commercial development will not be incompatible with residential uses of land. The adjacent Assisted Living/Nursing Care Facility will probably experience higher land use activity levels (i.e. noise, traffic movement) than currently exist in view of the undeveloped nature of the land, however, the fact remains that the developer of this property knew that the property was scheduled for some type of commercial activity. It would be unreasonable to deny all commercial uses of this land. In terms of the proposed intensity of development, this petition represents an intensity of 11,650 square feet per acre of land. This level of intensity is not unusual vis-h-vis other development in Collier County, albeit, it does represent the higher side of typical developments. The standard rule of thumb has tended to be 10,000 sq. fi/acre However, a small change to the intensity of development is not going to materially change compatibility relationships. In the opinion of staff, the most significant relationship is one of community character. Does the community wish to have a shopping center type of development on Goodlette-Frank Road? Currently, particularly to the south on Goodlette-Frank Road, a mixed type of development exists with significant amounts of office (i.e. medical) development. Aesthetically, those developments have made a significant contribution to the appearance of Goodlette-Frank Road. Staff is of the opinion that the thrust of our concern, given the status of the property, and the lack of compatibility issues, is the effect this development will have on the character, and driving experience along Goodlette-Frank Road. This can be significantly -chieved by employing the highest aesthetic development standards. In the opinion of staff'these objectives ought to be as follows: (1) (2) (3) (4) (5) The view of commercial activity should be significant by masked by landscaping. Automobile parking facilities should not significantly impact views. Development should adhere to a common architectural theme. Building heights should not exceed two stories. Advertising signs should be unobtrusive. We are of the opinion that the developer can readily achieve these goals, although the current site development plan submission is of insufficient detail to make this determination. Specifically, we recommend that the minimum landscape strip along Goodlette-Frank Road be twenty-five (25) feet, and that a landscape plan be made an exhibit to the Ordinance. Said landscape plan should effectively screen the view of parking lots, and produce a quality statement. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-76-35(2) and be recommended to the Board of Commissioners subject to the following: That a landscape plan be made an exhibit to the Ordinance and that said landscape strip contiguous to Goodlette-Frank Road of twenty-five (25) feet and that a contoured earthen berm with abundant OCT 2 6 1999 That a landscape plan be made an exhibit to the Ordinance and that said landscape strip contiguous to Goodlette-Frank Road of twenty-five (25) feet and that a contoured earthen berm with abundant landscaping be established within said landscape area. Further then the center be limited to one --, ground mounted sign not exceeding a height often (10) feet. CURRENT PLANNING MANAGER DATE REVIEWED BY: DATE qNCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD-76-35(2) Staff Report for the October 7, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: I,,.~,,-,,, A ~-, i. BRU'ET, CHAIRMAN PUD-76-35(2) STAFF REPORT/RN/ts AGENDA ITEM .,L,T 2 6 1999 UUL-JN-.,'%.---~"-~ -~r ~-...,.,.-- Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Aquaport L.C. Applicant's Mailing Address 568 Ninth Street South, Suite 137 City Naples State Florida Zip 34102 Applicant's Telephone # (941) 269-4100 Fax # (941) 261-1106 Name of Agent R. Bruce Anderson, Esq. Firm Young, van Assenderp, Vamadoe &, Anderson, P.A. Agent's Mailing Address $01 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone # 941/597-2814 Fax # 941/597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941)643-6968 APPLICATION FOR PUBLIC HF_ARING FOR PUD RF_2~NE-5/98 Pa e 1 of 16 OCT 2 6 1999 Disclosure of Interest Information: 1. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership N/A If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Clifford Copp 50% Norman Burke 50% 568 Ninth Street South, Suite 137 Naples, FL 34102 o If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Ownership OCT 2 6 1999 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address N/A Percentage of Ownership o If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. N/A Name and Address Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A 7. If, Petitioner has option to buy, N/A Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the pro_pert? covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six Pa OCT 2 6 1999 months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 27 Township: 49 South Range: 25 ~t Lot: 12, 13, 14 Block: Improvement Company Little Farms Subdivision: Naples Plat Book: 2 Page#: 2 Property I.D.#: 61941601002 Metes & Bounds Description: ~o~ of Lots 12, 13, and 14, Naples Improvement Company Little Farms, as recorded in Plat Book 2, Page 2, Public Records of Collier Coun _ty, Florida, being more particularly described as follows: Commencing at the Southwest comer of said Lot 12; Thence along the South line of said Lot 12, North 89°26'51" East 20.00 feet to the East right-of-way line of Goodlette Frank Road; thence along the East right-of-way line North 00039'49'' East 10.00 feet to the Point of Beginning of the herein described parcel; Thence continue along said East right-of-way North 00°39'49'' West 580.00 feet; Thence leaving said East right-of-way North 89 °20'11" East 260.12 feet; Thence North 59°31'18" East 153.66 feet; Thence South 30°28'42'' East 119.01 feet; Thence South 00033'09" East 554.02 feet to a line lying 10 teet North of and parallel with the said South line of Lot 12~ Thence along the said parallel line South 89 ° 26'51 ' West 451.54 feet to the Point of Beginning. Size of property: 580 ft. X 451 ft. = Total Sq. Ft. 261,580± Acres 6.17± Address/general location of subject property_: East side of Goodlette Frank Road approximately 3/4 mile north of Golden Gate Parkway. Adjacent zoning and land use: Zoning N PUD S HC E PUD W R-1 (Ciw ofNa. ple.~] Land Use Wilderness PUD Vacant land within Ci_ty of Naples Wilderness PUD Goodlette Frank Road Pag u. A(~iDAjJ-F..M OCT 2 6 i999 .,. //7/ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Section: N/A Township: Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Lands PUD o Proposed Use (or range of uses) of the Property: Limited Commercial uses typically associated with C-3 zoning. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Regone Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing Page n,,. OCT 2 6 1999 pg., //,~ conditions on the property for the proposed change. 10. 11. 12. 13. 14. 15. 16. 17. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood 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. Whether the proposed change will create a drainage problem. Whether the proposed change will seriously reduce light and air to adjacent areas. Whether the proposed change will seriously affect property values in the adjacent area. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth Pa~e OCT 2 6 1999 management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re[one Considerations (LDC Section 2. 7.3.2.5) 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 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. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject property and of surrounding area to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. OCT 2 6 1999 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property_: To your knowledge, has a public hearing bccn held on this property within thc last year? If so, what was the nature of that hearing? No. Additional Submittal Requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. ao A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8 ½" 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 Envir~nmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffeting as may be required by the County, c. An architectural rendering of any proposed structures. do An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Pa egnf 16 AGENDA ITEM OCT 2 6 pg. fo Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and locations) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Pal! OCT 2 AN ORDINANCE AMENDING ORDINANCI: NUMBER 7'/-7, AS n3tF, NDED, Wn.nF. RNES~ A PLANNED uNrr DEVELOPMENT, BY PROVIDING gOR: SEC'I'ION ONg: AMEND~ TO SECTION V, PARCEL 9, TO INCLUDE SELECT COMMERCIAL USgS AS PER.MITIT, D USgS IN PAR~ ~ AND SECTION TWO:. ~ DA'Tg,. WHEREAS, on F~-bruaty 1, 1977, th~ Board of County ~ 77-7, w~ch ~ ~ Wil~ P~ umt ~vel~t ~i~ ~vel~t ~ P~I 9 of ~ ~ ~j~ m ~ ~t ~ at a ~b~ ~ of a ~ ~el~t p~ f~ ~ ~ ~, ~ ~, 1~ ~~~-7~~~~~ ~3, m~ f~ ~~ a ~ of~l 9 ~, ~ r~ by ~d Wil~e~ P~ ~mz ~el~ ~ 1~ liab~ ~y, ~g M~, N~ B~, ~ N~ 77-7 ~ ~ by ~ N~ ~3, f~ a ~ ofP~i 9 ~ ~e~ ~ ~: ~1 ~t ~ of ~ 12, ~3, ~d 14, N~I~ ~v~t ~m~y ~ m Pht ~ 2, Pa~ 2, ~blie ~ of ~1~ ~, ~~~foHo~: ~~~~ ~ ~ ~ ~ ~ of~ ~ 1~ ~ ~'51' ~.~ ~ ~ ~ ~9'a~ ~ 10.~ ~ m ~ Point of ~ of ~ ~ ~g ~d ~ ~t~f-~y ~ ~9'49 l~g ~d ~ n~t~f-~y N~ 8~'11~ ~ 2~.12 f~ 5~31'18~ ~ ~53.~ f~ ~ ~ 3~8'42' ~ 119.0l ~33'~ ~ 5~.~ f~ ~ a I~ ~g 10 ~ ~ of ~of~ 12; ~~g~d~i~8~6'51 f~ m ~ Point of~m$ NOW ~O~ BE ~ O~ ~ ~ ~ of 5~ON O~: ~~ ~ ~ON V, P~ 9 ~mmm~m ~ m ~km~mmm~; m mmm~m~mmmm m ~m~ml~. AGENDA ITEM OCT 2 1999 V: PARCEL 9 The 10.69 ac~ site shown on Ps~el 9 on Exlu'bit ~B", pro~ec~ area, is a sepm-ate runty ~om ~ land i~lud~ m the ¢lvix ~ murse, and land leased ~o the twoject d~lopert Speclf~ cle~t p~ for Pm~lg~ve not ~~~ Itam~t~i9~~a~~~ ~ ~ ~ ~le ~& ~ ~ of~ ~ ~ ~ .... ~ ~ ~ m ~l~t of Pu~mm m the above, an Adult C_x~r~t~ Livi~ FnCqity, ACLF, inn~nmt to the provisions of Secuon 2.6.26 of the Land Development Code is hm'Woy aulhmized as a use of land W~thin said Parcel 9 subject further to the r~uirements of Division 3.3 Si~e Developn~-nt Plans. No mor~ than twenty-five (25) percent of the total number of umt~ shall contain a 16tchen. Pursuant to the above, the commercial si~ plan with th~ Table of thereO0, which is attached l~nvt9 a~l mcor0omtod by r~fer~nce is hereby amxoved as the PI,ID ~ Plan for th~ i;a~ruo~ 9f parcel 9 deacn'bed b~n-em. Amendment a~i chant~ to sam PUD Ma~ter Plaxl shall be of the Collier Cotmw ~ Develomnent Code. SECTION TWO: EFFE~ DATE This Ordinance shall become effecuve upon filing with thc l~t of Slate PASSED AND DULY ADOPTED by the Bmrd of ~ ~ off Fkmda, thi~~dsy of ,1999. A1TEST: DWIGHT E. BROC~ CLERK BOARD OF ~ COMMISSIONERS COl l.n~R. COUNTY, FLORIDA BY: PAMELA S. M. AC'Ki~, CHAIRWOMAN L Apl~oved aa m Fm'm and Legnl Su.t~-ienc~. Asszstant County Attorney N~ m NN ~mmm~m ~ J! AGE~ : E OCT g 6 1999 OCT 2 ~ 1999 EXECUTIVE SUMMARY PETITION PUD-87-36(3), KAREN K. BISHOP REPRESENTING NTC DEVELOPMENT LIMITED SEEKS TO REPEAL THE CURRENT CARLTON LAKES PUD AND TO ADOPT A NEW PUD IN ORDER TO ADD DRUGSTORE, SUPERMARKET AND RELATED USES TO THE USES ALREADY APPROVED FOR THE COMMERCIAL TRACT OF THE PUD. THIS SITE IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD AT THE INTERSECTION OF IMMOKALEE ROAD AND LIVINGSTON ROAD. OBJECTIVE: The petitioner is seeks to have certain land herein described rezoned from its current zoning-classification of PUD To PUD Planned Unit Development for Commercial purposes. CONSIDERATIONS: Carlton Lakes PUD is an existing PUD originally approved in 1987. This PUD consists of 245.77 acres approved for 800 residential units. This PUD also contains a.7-acre commercial tract at the southwest corner of the development. This tract will front on the future Livingston Road. The commercial tract of this PUD allows all uses listed in C-1 and C-2 commercial districts and was granted a Compatibility Exception in 1992. The purpose of this application is to add' drugstore, supermarket and related uses to the uses already permitted by the PUD Document. The original request was to add "C-3" commercial uses to the list of approved uses by the PUD Document. However, the Collier County Planning Commission requested that the applicant to revise their request and ask for specific uses. The applicant agreed and asked for supermarket with drugstore and other associated uses. The Collier County Planning Commission heard this petition on October 7, 1999 and by a 7-0 vote recommended approval of the revised request. One individual spoke in opposition this petition at the CCPC meeting, and furthermore, staff has received three phone calls opposing this request. Therefore, this petition does not qualify to be placed on the Summary Agenda. FISCAL IMPACT: This petition is to add additional uses to the list of uses already approved for this site. This petition will not change the fiscal impact of the already approved PUD. OCT 2 6 1999 A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. At this point in time staff has not developed a method by which to estimate the cost of a particular land use development project. Such a model, in our opinion, would be terribly misleading because there is no certain way particularly with respect to housing projects to determine their value and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bdng about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROVVTH MANAGEMENT IMPACT: This property is located within the Urban Residential land use designation as identified on the Future Land Use Map. This PUD is also partially located within the 1-75 and Immokalee Road activity center density band. This property was granted a Compatibility Exception (Resolution # 92-196). Therefore, the 7-acre commercial tract is exempt from down-zoning to residential. This exception granted in 1992 makes this commercial land use consistent with the requirements of the Growth Management Plan. There are no changes to the previously approved residential land uses of this PUD. This petition, if approved, will permit additional commercial land uses to be developed on the commercial tract of this PUD. 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 Count~/ Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve PUD-87-36(3) as described by the Ordinance of Adoption and Exhibits thereto, and made a part of this Executive Summary submission. 2 AG E N ~/~ET E~'~ ~ .o 0CT 2 6 1999 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE R~I~WED BY: R~NAI'D F. NiNb, A~CP, MANAGER CURRENT PLANNING SECTION DATE 15,oE~RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE 3 OCT 2 6 1999 pg. ~ AGENDA ITEM 7-J TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 14, 1999 PETITION: PUD-87-36 (3) OWNER/AGENT: Agent: Karen K. Bishop PMS Inc. of Naples 2335 N. Tamiami Trail Suite 408 Naples, FL. 34103 Owners: NTC development Limited (~o~. Claussen, Christopher Claussen & Steve Thompson) 2405 Piper Boulevard Naples, FL. 34110 REQUESTED ACTION: .* The petitioner seeks to repeal the current Cadton Lakes PUD and to adopt a new PUD, in order to add ~C-3 Intermediate Commercial" uses to the uses already approved for the commercial tract of the PUD. GEOGRAPHIC LOCATION: The subject property is located on the north side of Immokalee Road approximately one half mile west of 1-75 in Section 19, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: Carlton Lakes PUD is an existing PUD originally approved in 1987. This PUD consists of 245.77 acres approved for 800 residential units. This PUD also contains a 7 acre commercial tract at the southwest comer of the development. This tract will front on the future Livingston Road. The commercial tract of this PUD allows all uses listed in C-1 -1- AGENDA ITEM' Il! D and C-2 commercial distdct and was granted a Compatibility Exception in 1992. The purpose of this application is to add uses allowed in the C-3 commercial distdct to the uses already allowed by the PUD Document. The C-3 commercial zoning distdct allows the following commercial land uses: 1. Apparel and accessory stores (groups 5611--5699). 2. Auto and home supply stores (5531). Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating places (5812 only). Ail establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to locational requirements of section 2.6.10. 5. Food stores (groups 5411--5499). 6. General merchandise stores (groups 5311--5399). o Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Home furniture, furnishing, and equipment stores (groups 5712--5736). Libraries (8231) . Marinas (4493), subject to section 2.6.22. 11. Membership organizations (8611--8699). 12. Miscellaneous repair services (groups 7629--7631). -2- CCi 2 6 1999 13. Miscellaneous retail (groups 5912--5963 except pawnshops and building materials, 5992--5999). 14. Museums and art galleries (8412). 15. Nondepository credit institutions (groups 6111--6163). 16. Paint, glass and wallpaper stores (5231). 17. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7221--7251, 7291). 18. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--9532, 9611--9661). 19. Retail nurseries, lawn and garden supply stores (5261). 20. Veterinary services (groups 0742, 0752 excluding outside kenneling). 21. Videotape rental (7841). 22. United States Postal Service (4311 except major distribution centers). SURROUNDING LAND USE AND ZONING: Existing: Surrounding: - Residential development with a vacant commercial tract, zoned PUD North - Residential and golf course, zoned PUD (The Strand) East - Residential and Commercial, zoned PUD (The Strand) South - Immokalee Canal, Immokalee Rd. West - Residential subdivision (Willoughby acres) zoned RSF-3 GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential land use designation as identified on the Future Land Use Map, This PUD is also partially located within the 1-75 and Immokalee Road activity center density band. This property was granted a Compatibility Exception (Resolution # 92-196). Therefore, the 7 acm commercial tract is exempt from -3- down-zoning to residential. This exception granted in 1992 makes this commercial land use consistent with the requirements of the Growth Management Plan. There are no changes to the previously approved residential land uses of this PUD. This petition, if approved, will permit additional commercial land uses to be developed on the commercial tract of this PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR INFRASTRUCTURE: ENVIRONMENTAL. TRANSPORTATION AND The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of cdtical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division staff. The comments and concems of these reviewing agencies have helped to shape the content of the PUD Document. Based on the scale of proposed changes, this is for all intents and purposes a PUD amendment although the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. The proposed amendment to the PUD is to add more commercial uses to the commercial tract of this PUD. Following are staff's findings for this PUD amendment: RelationshiD to Future and Existing Land UseS: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, this area is located within Urban Residential land use designation area of the Future Land Use Map, allowing residential uses. The exception granted in 1992 allows commercial uses as well. The proposed additional commercial uses will do nothing to change to requirements of the Growth Management' Plan. The proposed C-3 commercial uses will allow this commercial tract to be developed as a shopping center. This center will be located at the future intersection of Immokalee Road and Livingston Road, which will be -4- AGENDA ITEM OCT 2 6 1999 a major intersection. In the opin!'~n of the staff these relationships support the conclusion that the proposed land use will be compatible with adjacent land uses. Traffic: The proposed land uses will generate approximately 2,825 additional trips than the currently approved uses allowed by the existing PUD document. A 70,000 square foot shopping center will generate approximately 5,825 tdps per day. A similar size center with uses allowed in the C-1 and C-2 districts will generate around 3,000 tdps per day. Therefore, the difference between the proposed site generated traffic and the currently approved site generated traffic may exceed the significance test standard (5 percent of the LOS 'C" design volume). The Traffic Circulation Element lists Immokalee Road as a four-lane road fronting the project. The current traffic count is 30,879 ADT and is operating at LOS "A" The subject property is'served by the County water and sewer system. Storm water management will be provided on site. PUD Development standards and Master Plan: PUD development standards, as far as landscaping and open space requirements are concerned, are similar to the provisions in the LDC. ~ This project is surrounded on two sides by The Strand PUD which is a residential PUD with single-family and multi-family residential dwellings, golf courses and a 30 acre shopping center with uses similar to ones allowed in the C-3 commercial zoning district. To the south this project fronts on Immokalee Road. To the west across the street from the future Livingston Road, this project will be adjacent to Willoughby Acres, which is a single- family subdivision. However, this part the Willoughby is not yet developed. The seven acre commercial tract is proposed be at the intersection of Livingston and Immokalee Roads. This intersection will be a major intersection, and a seven acre shopping center at this intersection will not be out of character with the area. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-87-36 (3) to the Board of County Commissioners. -5- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R WED Y: 1~3~,~LD F.'"I{II~O~ AICP, MANAGER CURRENT PLANNING DATE PLANNING SERVICES DATE APPR_OV/I~D BY: VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number:. PUD-87-36(3) Staff Report for October 7, 1999 CCPC meeting. This petition has been scheduled for October 26 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: ,~",,~,C: :A."'L J. ~RUET, CHAIRMAN' -4- 1999 REZONE FINDINGS PETITION PUD-87-36(3) 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 Compatibility Exception granted in 1992 makes the commercial land uses consistent with the goals, objectives and policies of the Future Land Use Element of the Growth management Plan. The proposed amendment will do nothing to change this consistency finding. Con: None Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: The properties surrounding this PUD are mostly residential. To the north and to the east this property is surrounded by The Strand PUD which is a residential golf course community with a density of 2.2 units per acre. The strand PUD also contains a 30 acre commercial tract. To the west this PUD is adjacent to Willoughby acres subdivision which is a residential subdivision with three dwelling units per acre. Con: To the west, the commercial tract of this PUD will be across the road from a residential single family subdivision. Summary_ Findings: Evaluation not applicable. e The possible creation of an isolated district unrelated to adjacent and nearby districts; m Pro: The proposed PUD amendment is for an existing PUD containing 238.77 acres surrounded wkh similar land uses therefore, this amendment will not create an isolated district. Con: Evaluation not applicable. Summary_ Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because is located in an area already substantially zoned and developed with similar type land uses. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The distdct boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary_ Findings: Land to the east is zoned PUD and approved with single- family and multi-family dwelling types at a density of 2.2 units per acre. In addition, the boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. 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 Strand PUD to the east contains single-family and multi-family residential dwelling types and commercial uses while the property to the west is zoned for single-family dwellings. " AGENOA ITEM ~ O~]T 28 1999 /2- _ (ii) Recommended mitigation actions made as a condition of approvs; will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: (i) The additional commercial uses could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the commercial tract and the proposed buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary_ Findings; The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate negative impacts on an adjacent future 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: (J) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing a immediate access to the artedal road network over which traffk: from this residential development would be defused. Con; (i) Urban intensification results in greater volumes of traffic on the local, artedal and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Firldings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Circulation 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; 3 10. Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development, Con.' 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 additional commercial uses will do nothing to change standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summa~ 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. 1999 11. 12. '13. '14. 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; Pro/Con: Evaluation not applicable. Summary_ Findings; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon; Evaluation not applicable. Summary_ Findings: The proposed PUD Amendment 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; Pr~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 neighborhood or the County; of scale with the needs of the Pro: The proposed development complies with the GMP. 15. Con: Evaluation not applicable. Summary_ Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary_ Findings; There are many sites which are zoned to accommodate the proposed commercial land uses. 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 cdteda. 16. 17. 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. ProlCon: Evaluation not applicable. Summary_ Findings; Physical alteration is a product of developing vacant land which cannot be avoided. 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. ProlCon: Evaluation not applicable. Summary_ Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 6 1999 ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NL1MBER 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 MAPS ~ERED 8619N AND 8619S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CARLTON LAKES PUD HAVING THE EFFECT OF ADDING THE C-3 ZONING DISTRICT'S PERMITTED PRINCIPAL USES AS PERMITTED PRINCIPAL USES FOR PROPERTY LOCATED ON YHE NORTH SIDE OF IMMOKALEE ROAD, V, MILE WEST OF 1-75, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 245.77 ACRES; PROVIDING FOR THE REPEAL OF ORDINPuNCE N-b~,IBER 87-36, AND BY PROVIDING .AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS. Inc. of Naples, representing NTC Development Limited. petitioned the Board of County. Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COL~'TY COMMISSIONERS OF COLLIER COUNTY. FLORIDA; SECTION ONE: .. The Zoning Classification of the herein described real property, located in Section 19, Townsl'fip 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document. attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8619N and 8619S, as described in Ordinance Number 91-102, the Collier County. Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95-85, as amended, known as the Carlton Lakes PUD, adopted on May 23. 1995, by the Board of County. Commissioners of Collier County., is hereby repealed in its entirety. A GF_I',~,A I~~"''''' OCT 2 6 1999 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: PAMELA S. MAC'KIE, CHAIRWOMAN Marjo{ile M. Student Assistant County Attomey ORDINANCE/PUD-g7 -3 6(3 )/CB/ts -2- CARLTON LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING CARLTON LAKES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: NTC DEVELOPMENT LIMITED A FLORIDA LIMITED PARTNERSHIP PREPARED BY: PMS Inc. of Naples 2335 N. Tamiami Trail, Suite 408 Naples, FL 34103 (941) 435-9080 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 10/07/99 10/26/99 DOCUMENT DATE 10/01/99 EXHIBIT "A" TABLE OF CONTENTS PAGE THRU PAGE LIST OF EXHIBITS AND TABLES !11 STATEMENT OF COMPLIANCE iv v SECTION I SECTION II PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT 1-1 2-1 1-3 2-9 SECTION III SECTION IV SECTION V SECTION VI SECTION VII LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN NEIGHBORHOOD COMMERCIAL RECREATION, LAKES AND OPEN SPACE CONSERVATION/PRESERVATION AREAS GENERAL DEVELOPMENT COMMITMENTS 3-1 4-1 5-1 6-1 7-1 3-7 4-2 5-2 6-1 7-10 ii C CT 2 6 1999 LIST OF EXHIBITS AND TABLES EXHmIT A PUD Master Plan EX/-ImiT B Location Map TABLE I Land Use Tables TABLE II Estimated Market Absorption Schedule TABLE Ill Summ~ of Development Standards for Residential Developments III 1999 STATEMENT OF COMPLIANCE The development of approximately 245.77 acres of property in Collier County, as a Planned Unit Development to be known as Carlton Lakes will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial and recreational facilities of Carlton Lakes will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE). The Density Rating System contained in the FLUE causes the property to be eligible for a density of up to six (6) dwelling units per acre. The property is within the density band around the Interstate 75/CR-846 Activity' Center. The project does not interconnect with any existing and future projects. The projec, t.does not provide an interconnection to the property to the north and the potential interc~nnection to Regency Village PUD to the east - via the potential Piper Boulevard Extension along the frontage of the Carlton Lakes PUD because of the proposed use of gatehouses at entries to the residential component of the project. Therefore, the following tabulation is applicable: Base Density in Urban Area Density Band Lack of Interconnections 4 du/a +3 du/a -1 du/a Total Eligible Density 6 du/a The site's residential component is 238.77 acres. Therefore, the maximum number of units this development is eligible for is 1,433 units. The proposed development is for a maximum of 800 units. The project site (not inelnsive of the seven acre commercial tract) will have an approximate density of approximately 3.4 units per acre. This density is less than the maximum permitted and deemed consistent with the density provided for by the County's Growth Management Plan. The seven (7) acre commercial tract has been granted a Compatibility Exception (application gCEX-001-UE, Resolution No. 92-196). Therefore, the commercial uses - being a portion of the same uses listed in the original Carlton Lakes PUD, Ordinance No. 88-56 - are consistent with the Future Land Use Element, pursuant to Policy 5.11. iv o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Furore Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required ia Policy 5.4 of the Future Land Use Element. The project development will result in an efficient and economical extension of commullity facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. The projected density of approximately 3.4 d.u.s per acre is in compliance with the Future Land Use Element of Growth Management Plan. The project will be served by a complete iange of 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. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15. Land Development Code. V i C, CT 26 1999 1.! 1.2 SECTION I PROPERTY OWNERSHIP AND 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 Carlton Lakes. LEGAL DESCRIPTION The subject property being 245.77+/- acres, is described as: ALL THAT PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO~NER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19, NORTH 01007'34'' WEST 100.00 FEET TO THE NORTH LINE OF AN EASEMENT FOR DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK 44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOWI3-tWEST CORNER OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF THAT LAND AS DESCRIBED IN SAID O.R. BOOK 767, ~ PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, THE FOLLOWING DESCRIBED NINE (9) COURSES; 1) NORTH 89°08'48" EAST 50.00 FEET; 2) NORTH 01007'34" WEST 549.50 FEET; 3) NORTH 88052'26" EAST 30.00 FEET; 4) NORTH 01°07'34" WEST 2017.43 FEET; 5) NORTH 00°58'48" WEST 582.54 FEET; 6) NORTH 89°01'12" EAST 360.00 FEET; 7) NORTH 00058'48.. WEST 800.00 FEET; 8) SOUTH 89°01'12" WEST 400.00 FEET; 9) NORTH 00058'48" WEST 1280.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, WHICH LIES NORTH 89°20'08" EAST 40.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; 1-1 THENCE ALONG THE NORTH LINE OF SAID SECTION 19, NORTH 89°20'08'' EAST 2592.26 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH AND SOUTH 1/4 SECTION LINE OF SAID SECTION 19, SOUTH 01°08'21" EAST 1716.05 FEET; THENCE LEAVING SAID LINE, SOUTH 89°09'48'' WEST 750.00 FEET; THENCE SOUTH 01°08'21" EAST 3605.71 FEET TO THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THAT DRAINAGE EASEMENT DESCRIBED IN SAID DEED BOOK 44, PAGE 78; THENCE ALONG SAID LINE, SOUTH 89009'48" WEST 1890.21 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT AS RECORDED IN DEED BOOK 44, AG PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OR RECORD IF ANY. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of NTC Development Limited, a Florida limited partnership (hereinafter calk:.d "applicant or developer"). 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the West 1/2 of Section 19, Township 48 South, Range 26 East. The parcel of approximately 246+/- acres is located offand north of lmmokalee Road approximately one-quarter mile west of the road's intersection with Interstate 75. The site is currently undeveloped. The subject property is generally bordered on the north by undeveloped property, on the east by Regency Village of Naples PUD, on the south by lmmokalee Road (CR 846) and on the west by a Collier County reserve wellfield and the right-of-way for the future Livingston Road. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The site is located north of lmmokalee Road, about one-quarter mile west of Interstate Highway 75 in Collier County, Florida. An easement for the Cocohatehee River Canal forms the subject property's southern 'boundary. The site is generally level with elevations between 13 and 14 feet NGVD. 1-2 ..CC 261999 1.6 1.7 The site has the following designation relative to flood -FEMA FIRM Flood Zone X; area of 500-year flood or area of 100 year flood with expected average depth of less than 1 foot. Community-Panel Number 120067 0195 D, Panel 195 of 1125 for Collier County; Map's effective date: September 14, 1979, revised June 3, 1986. The existing vegetation includes approximately 40 acres of exotic invaded wetlands which includes some areas of cypress. The majority of the site supports saw palmetto and pine flatwoods. PROJECT DESCRIPTION Carlton Lakes is a planned community including a mixture of residential and commercial uses, recreational, conservation and water management related elements. The water management for the proposed project is planned to be the lake retention type. SHORT TITLE This Ordinance shall be known and cited as the "Carlton Lakes Planned Unit Development Ordinance." 1-3 [----- AGENDA I'rE.l~ OCT 2 6 1999 2.1 2.2 SECTION H PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project's 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 Co Eo Regulations for development of Carlton Lakes shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the most similar distric~t, in the County Land Development Code shall apply. Unless otherwise noted, thc definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Carlton Lakes 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 document or associated exhibits, the provisions of the Collier County Land Development Code 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 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. 2-1 OCT 2 6 1999 Pg. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be one general residential land use tract, plus necessary water management lakes, the general configuration of which is also iljustrated by Exhibit "A". RESIDENTIAL TRACT "A" CARLTON LAKES ESTIMATED LAND USE SUMMARY TABLE I TYPE IJNITS ACREAGE Single Family Cjustered Single Family and Single Family Attached; Multi-family, and Cjustered MUlti-family RECREATION and LAKE AMENITIES TRACTS "B- l"-"B-6" 800 152+/-* 42+/-** COMMERCIAL TRACT "C" 70,000 sf 7+/- CONSERVATION TRACTS "D- 1" - "D- 10" BIG CYPRESS BASIN WATER MANAGEMENT DISTRICT CANAL 41+/- .' 4+/- GRAND TOTAL 246 +/- Internal subdivision roads/right-of-way estimated at 30 acres. Does not include any open space or recreational areas that may be located within other land use areas. Tracts "A" may include open space or recreational areas. Lake area is estimated at 38 acres. 2-2 OCT 2 6 1999 Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project development, as set forth in this document. TABLE II CARLTON LAKES ESTIMATED ABSORPTION SCHEDULE RESIDENTIAL UNITS COMMERCIAL ACREAGE 1995 60 1996 148 1997 148 1998 148 1999 148 2000 148 2 5 TOTAL 800 7 Table H indicates, by phase, the estimated absorption of units for the development period. The estimate may, of course, change depending upon future economic, market and regulatory factors. Lakes shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow and dry depressions for water detention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. 2-3 OCT 2 6 1999 2.4 2.5 In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. The intemal roadway system may be either private or may be dedicated to the County consistent with Preliminary Subdivision Plat requirements. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 800 residential dwelling units, single family and multi-family, shall be constructed in the total project area; and, a maximum of 70,000 square feet of commercial within the designated commercial area. The gross project area is 245.77 acres. Seven (7) acres are designated as commercial. The residential portion of the project is 238.77 acres. The gross residential project density, therefore, will be a maximum of 3.4 units per acre, not to exceed 800 units. The density throughout the parcels may vary according to the type of housing placed on each parcel of land. This mixed-use development shall have at least thirty percent (30%) of the gross area devoted to usable open space, per Collier County Land Development Code, Subsection 2.2.20.3.5. The density of individual parcels of land throughout the project may vary according to the type of housing placed on each pared of land but shall comply with the guidelines established in this document. RELATED pROJECT PLAN APPROVAL REOU1REMENTS Ao 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 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. 2-4 OCT 2 6 1999 2.6 2.7 The provisions of Division 3.3 of the Collier County Land Development Code, when app!;cable, shall apply to the development of all platted h-acts, or parcels of land as provided 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 a tract or parcel. Bo Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 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. DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages of development" for the subject property. Since the property is proposed to be developed over an estimated six-year period of time, any projection of the project's development can be no more than an estimate based on current market knowledge. MODEL HOMES AND SALE FACILITIES Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: The limitation of LDC Subsection 2.6.33.4.1.5.a, regarding the number of model homes/multi-family units allowed prior to plat recordation shall be applicable to each subdivision txact rather than each subdivision phase. Location of mOdel units and sale centers is limited to future, platted single family lots and multi-family tracts and as provided for elsewhere by the provisions of this PUD document. All permits on models must be applied for by the land owner of parcel, or authorized agent, proposed to be developed. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. 2-5 AGEI~A ITE.M OCT 2 6 1999 2.8 2.9 2.I0 Ce Prior to the recording of plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. Access shall be provided to each "dry" model(s) from a "wet" model(s). Access shall be fOr pedestrian traffic only. No driveway will be constructed while utilized as a model. Access to "wet" model(s) shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project. The "wet" models may be served by a temporary utility and water management system with ultimate connection to a permanent or central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model homes, parking access, road/driveway and other impervibus surfaces. The system shall be designed so that it may be integrated with the matster system for the entire development. GATEHOUSE PARKING Shall be in the form of two grass parking spaces or shall be provided at a nearby community facility such as the club house or model center. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2-6 OCT 2 6 1999 2.11 LANDSCAPE BUFFERS, BERMS, FENCE,"' AND WALLS 2.12 Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Carlton Lakes. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 2:1 Structural walled berms - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. Fence or Wall maximum height: Eight (8) feet, as measured fi.om the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be not greater than eighteen (18) inches above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a landscape berm. In these cases the wall shall not exceed six (6) feet in height fi.om the top of berm elevation for berms with an average side slope of 4:l or less, and shall not exceed four feet (4') in height fi.om the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Co Fences and walls which are an integral part of access control sUmctures such as gate houses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of ac,ess control~ structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. FILL STORAQE Fill storage is generally permitted as a principal use throughout Carlton Lakes. All stock- piled earth material shall have been generated from earth mining activities on the Carlton Lakes site and may be stockpiled within areas which have been distrubed or farmed. Prior to stockpiling in these locations a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: 2-7 AGENDA ITEM OCT 2 6 1999 A. Stockpile maximum side slope: 3:1 2.13 B. Stockpile maximum height: thirty five (35) feet Co Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. Fill storage areas shall be no closer than 300 feet fi.om any developed residential properties. Eo Soil erosion control shall be provided in accordance with Division 3.7. of the Collier County Land Development Code. Fo Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. Go All stockpiled earth material shall be removed and stockpiling shah discontinue when all lakes and infi.astmcmre have been completed. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Carlton Lakes PUD. General permitted uses are those uses which generally serve the Developer and residents of Carlton Lakes and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Collier County Land Development .- Code, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and recreational facilities, community centers. 2-8 A~A ITEM OCT 2 6 1999 Temporary construction, sales, and administrative offices £.r the Developer and 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, walls subject to the standards set forth in PUD Section 2.11. 8. Fill storage subject to the standards set forth in PUD Section 2.12. o Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: Setback from back of curl3 or edge of pavement of any road - Eighteen feet (18') except for guard houses.,~gatehouses, and access control structures which shall have no required'setback. Sidewalks, bikepaths, and cart paths may occur within required buffers, however the width of the required buffer shall bc increased proportionately to the width of the paved surface of the sidewalk or bikepath. 2-9 uT., 2 6 1999 Pg. ~ SECTION HI 3.1 3.2 3.3 LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A", Tract "A", Residential Areas. MAXIMUM DWELLING UNITS There shall be a maximum of 800 residential units developed within Tract "A" USES PERMITTED Residential areas designated on the master plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family stmc ~.tt/tres. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the Type "A" landscape buffer set forth in the Land Development Code. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (1) Single family detached dwelling units (2) Single family attached, cjuster homes, zero lot line and patio homes. (3) Duplex, Triplex, Fourplex (4) Towahouses, Garden Apartments/Condominiums (5) Common Recreational Facilities 3-1 AGENDA I'[F.M $CT 2 6 1999 3.4 (6) Any form of attachment consistent with the general restrictions set forth herein. (7) The cjustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. (8) Open space or preserve area. (9) Water management facilities and lakes. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Recreational uses ancl facilities such as sw/mming pools, tennis courts, children's pla);'ground areas. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. (3) Gatehouse/Guardhouse. DEVELOPMENT STANDARDS (See Table III, for greater specificity) A. GENERAL: All yards, setbacks, shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3-2 Bo Do 3) If the parcel is served by a platted private drive, setback is measured fi.om the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance often (10) feet shall separate the principal building and any related parking facility, and a green belt often (10) feet shall separate said right-of-way, or other non-platted private drive fi.om the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such cases a parking apron of at least fifteen (15) feet shall separate the enclosed parking space fi'om the edge of curb on a private right-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. MINIMUM LOT AREA: (See Table III, for greater specificity) 2,400 square feet MINIMUM LOT WIDTH: (See Table III, for greater specificity) 20 feet MINIMUM YARDS: (See Table IH, for greater specificity) (1) Front Yard - 18 feet (2) Side Yard 5 feet (3) Rear Yard - 15 feet (4) From a dissimilar permitted use type - 20 feet (5) Side yards may be reduced to 0 feet for zero lot line single family units, if the 5 feet is added to the remaining side yard. 3-3 AGENDA I'TEM OCT 2 6 1999 Pg. Fo Go Ho (6) The distance between any two structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the stun of their heights, whichever is greater. MINIMUM FLOOR AREA: (See Table 1]], for greater specificity) 1,000 square feet per unit. OFF-STREET PARKING AND LOADING REQUIREMENTS (1) Single family attached, townhouse and rowhouse dwelling unit types which provide direct street access to each individual unit shall be subject to the same provisions as single-family and two-family residential dwellings including the ability to back onto a street. (2) The requirements for all other development types shall be as required by Collier County Land Development Code. MAXIMLrM HEIGHT: (See Table III, for greater specificity) (1) Principal Structure - 50 feet .a, bove the minimum base flood elevation (2) Accessory Structure - 35 feet above the minimum base flood elevation COMMON ARCHITECqlJRAL THEME REQUIREMENTS: (1) The architectural style of the dwelling units/structures shall be compatible in design and complimentary in the use of materials and color. (2) The residential project shall have a signature entrance way. The entrance way design and improvement elements shall include some or all of the following: the use of landscape materials, gate house/structure, water feature, sculpture and ornamental pavement surfaces. (3) Street materials, signage and lighting shall be complementary throughout the project's aeeessways. (4) Individual street trees shall be required and permitted at the time of the issuance of individual dwelling unit building permits or FSDP approval, as appropriate. The street tree(s) planted shall be consistent with the developer's street tree master plan, as submitted to the County for reference prior to or at the time of the submittal for initial building permits or FSDP submittal for a residential unit or 3-4 model. Street trees shall count toward the satisfaction of the Land Development Code tree planting requirements relative to residential lots and multi-family tracts. Street tree installations shall utilize appropriate techniques, when applicable, to encourage deep root growth rather than horizontal root spread at the surface and to provide limited protection to adjacent infrastructure and to provide greater resistance to wind damage. In multi-family tracts, the maximum spacing of street trees shall be 60 feet for shade trees and 30 feet for pines or paim.q. For single family lots, the trees shall be located at or near the lot line. The homeowner or association documents shall make provisions for the continued ownership, maintenance and replacement of street trees. 3-5 TABLE IH: SUMMARY OF DI~V~LOPMENT STANDARDS FOR ALL RESIDENTIAL STRUCTURES PEP, MITrED USES STANDARDS SINGLE PATIO FAMILY (ZERO) 2 FAMILY/ DETACHED LOT LINE DUPLEX MI~LT~LE FAMILY STRUCTURES SINGLE TOWNHOUSE/ FAMILY VILLAS/MULTI- ATFACHED I~OW HOUSE FAMILY MIN. AREA PER STRUCTURE OR PER DWELLING UNIT 6,000 4,800 2,400 2,4~ 2,4~S.F. SITE WIDTH 50 40 24 MIN. AVERAGE CORD LENGTH 26 26 20 20 20 FEET 18 1 $ FEET SITE DEPTH MIN. AVERAGE 120 120 120 120 120 FEET FRONT YARD SETBACK (i) PRINCIPAL STRUCTURE I 8 (ii) ACCESSORY FOR MULTI- FAMILY COVERED PARKING - 18 18 18 18 FEET 10 10 10 FEET (15 FEET IF SETBACK INCLUDES SIDEWALK) SIDE YARD SETBACK 5 5 OR 0 7.5 7.5 15 FEET (OR HALF THE SUM OF THE HEIGHT OF THE STRUCTURES) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) REAR YARD SETBACK -(i) PRINCIPAL STRUCTURE 15 15 15 15 15 FEET .- STRUCTURES HEIGHT (OR HALF THE STRUCTURES HEIGHT) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) (ii) ACCESSORY BUILDINGS (POOL, SCREEN ENCL.) 10 10 10 10 10 FEET (OR HALF THE STRUCTURES HEIGHT) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) MAX. BUILDING HEIGHT (i) ABOVE MFL 100 YEAR 35 35 35 35 50 FEET (ii) ACCESSORY STRUCTURE 35 FLOOR AREA MINIMUM/D.U. 1,200 35 35 35 1,000 1,000 1,000 3-6 35 FEET 1,000 AGENDA ITEM 1999 RESIDENTIAL DWELLING UNIT DEFINITION .Patio (Zero Lot Line); One wall of the residential structure is located on a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Sinole Family Attached/Townhouse/R0w House: A multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Villa: A multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multinle Family: A housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villa. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed directly from the outside or fi'om a common interior location. Duplex: A housing structure containing two dwell~g units either vertically or horizontally attached. Cjustered Housing: The placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership. 3-7 4.1 4.2 SECTION IV COMMERCIAL PURPOSE The purpose of this Section is to set forth the regulati'ons for the area designated on Exhibit "A", PUD Master Plan, as Tract "C", Commercial. A maximum of 70,000 square feet of commercial shall be developed within Tract "C". 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. The commercial uses are as follows: a. C-1, Professional Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. b. C-2, Convenience Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. c. Banks (branch or main office), and Financial Institutions (groups 6011-6063) d. Food Stores (groups 5411-5499) and any other use that is accessory and ancillary to the operation of the Supermarket, included but not limited to, liquor stores (5921) and drugstores (5912). e. Sales centers associated with residential components or the residential or commercial developers of this PUD. Permitted Accessor~ Uses and Structures Accessory uses and structures customarily associated with the uses permitted in the above districts. Essential services and facilities as set forth under Collier County Land Development Code, Section 2.6.9.1. 4-1 SECTION IV 4.1 4.2 4.3 COMMERCIAL PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Master Plan, as Tract "C", Commercial. A maximum of 70,000 square feet of commercial shall be developed within Tract "C". 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 Princival Uses and Structures: 1. The commercial uses are as follows: C-I, Professional Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. C-2, Convenience Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. C-3, Commer!:ial Intermediate Uses as provided in the Land Develol~ment Code in effect on October 26, 1999. Sales centers associated with residential components or the residential or commercial developers of this PUD. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in the above districts. Essential services and facilities as set forth under Collier County Land Development Code, Section 2.6.9.1. DEVELOPMENT STANDARDS: A. Site Area: 10,000 square feet B. Site Width: 150 feet C. Setbacks: From parcel boundaries: Filly (25) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. 4-1 OUr 2 6 1999 Do Eo Distance Between Principal Structures None, or a minimum of ten (10) feet with unobstructed passage from front to rear yard. Maximum Height of Structures: Fifty (50) feet. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. 4-2 OCT 2 6 1999 SECTION V 5.1' 5.2 RECREATION, LAKES AND OPEN SPACE PURPOSE The purpOse of this Section is to set forth the development plan and development standards for the areas designed as Tracts "B-1" - "B-6" on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these tracts will be to provide recreational or club facilities or complimenting buffers and water management. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in Whole or in part, for other than the following: A. Principal Uses: 1. Parks, playgrounds, game courts and riel&. 2. Water management and lakes. 3. Open Spaces/Natural Conservation Areas Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 7. Nature Preserves and wildlife sanctuaries. 8. Clubhouse / Assembly Buildings Polling places as required in the Collier County. Land Development Code. 10. Sales center and associated improvements. 5-1 OCT 2 6 1999 B. Accessory Uses: 5.3 Accessory uses and structures customarily associated with principal uses permitted in this District. Small docks, enclosures or other structures constructed for purposes of maintenance, storage, recreation shelter with appropriate screening and landscaping. 3. Fountains within lakes. Development Regulations Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and a'eatment of buffer areas. Bo Habitable buildings shall be set back a minimum of thirty (30) feet abutting residential districts and a landscaped and maintained buffer shall be provided, otherwise the setback shall be twenty (20) feet; accessory sm~ctures shall be ten (10) f~t; walls and similar structures shall have a setback of five (5) feet along'the development's boundaries and perimeter tract boundary where not abutting internal residential tracts. Co Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. ~ HEIGHT: (1) Principal Structure - 50 feet. (2) Accessory Structure - 35 feet. (3) Walls - 12 feet above adjacent grade. 5-2 6.1 6.2 SECTION VI CONSERVATION AREAS PURPOSE Conservation Areas, Tracts "D-1" -"D-10", area totaling approximately 40 acres. The purpose is to preserve and protect vegetation and naturally fimcfioning habitat such as the wetlands in their natural state. 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: 1. Open Spaces/Natural Preserves. Lakes promoting the .n,. atural vegetation provided they are constructed on land i~ excess of the required twenty-five percent (25%) retained native vegetation. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. o Boardwalks, observation structures including minor roofed assembly structures subject to appropriate approvals by permittifig agencies. 5. Paths and bridges to provide access from the uplands. 6. Informational nature trails. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. 2. Fountains within lakes. 6-1 1999 7.1 7.2 7.3 7.4 SECTION VII DEVELOPMENT COMMITMENTS 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 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 assil~nee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer any successor or assignee in title is bound by the commitments within this agreement. PI, JD MASTER PLAN A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. 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 PROVISIONS The Carlton Lakes PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. , 2C';' I999 7.5 7.6 Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Co The developer does not commit to develop any specific recreational amenity or to dedicate acreage for any future recreational facilities. DEVELOPMENT EXEMpTIONS FROM EXCAVATION REGULATIONS The requirements of Section 3.5 shall be modified as follows: Subsection 3.5.7.1.1: The setback for excavations (lakes) from the fight-of-way line or easement line of any existing or proposed private or public street, road or access easement shall be 25 feet. A guard rail or similar feature shall not be required if the street or road has a County Staff approved non-mountable curb section for the appropriate length of roadway and has a posted speed limit of 20 mph or less or another Staff approved design. Subsection 3.5.7.1.2: Th~ setback (maintenance easements) to excavations (lakes) from side and rear property lines (internal to the development) may be included w~thin res~dentml tract and res~dentml lot boundaries. The setback to excavations from internal fight-of-way shall be 25 feet. The setback to excavations (lakes) from abutting (development's perimeter) property lines of the development shall be 35 feet and may include a landscape buffer of up to 15 feet in width. As depicted on Exhibit A, PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways in order to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements have been reduced. SUBSTITUTIONS TO SUBDMSION DESIGN STANDARDS The requirements of Section 3.2 shall be modified as follows: Subsection 3.2.8.3.19: Street pavement painting, striping and reflective edging of roadway markings shall be waived for the local roads within the subdivision, except that this waiver does not exclude the requirement for stop bars. 7-2 557 2 6 1999 Ho Subsection 3.2.8.3.17: A system or plan of sidewalks pursuant to the intent of Section 3.2 shall be made available throughout the project development in such a manner that project residents will be able to walk or bicycle to selected activity centers within the project's boundary. Sidewalks shall be provided on one side of all streets and on cul-de-sacs longer than 300 feet. Sidewalks may vary outside the right-of-way provided a sidewalk easement is created over the sidewalk. Subsection 3.2.8.4.3: Block length shall not exceed 3,000 feet between intersecting streets consistent with the project's lake theme design and crosswalks shall only be required at intersecting streets. Subsection 3.2.8.4.16.5: The minimum lane width shall be 10.0 feet for all streets within the development to encourage appropriate travel speed except as required for entryway geometry and provided that such streets have mountable curbs unless in conflict with other provisions of this document or the Collier County Land Development Code. Landscaped linear and circular medians (roundabouts) may also be utilized within the right-of-way to encourage an appropriate design speed as well as to enhance the development theme. Subsection 3.2.8.4.16.6: Walve the requirement that dead-end streets shall not exceed one-thousand (1,000) feet in length. The length may be approved with a maximum of two-thousand (2,000) feet. Subsection 3.2.8.4.16.9: Roundabouts may be utilized at intersections. Roundabouts and other "traffic calming" street desi~m~.q shall not be required to meet the minimum tangent requirements. Should "traffic calming" street design be utilized, a maximum distance between design elements on an otherwise straight length of roadway shall be 600 linear feet. Traffic calming elements are defined for the purpose of this document as intersections with roundabouts, stop signs, street medians or roundabouts. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. provided design calculations for posted speed limits are submitted prior to final improvement plan approval. Street grades may exceed four pement (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. 7-3 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and govemed by the following conditions: The developer shall be responsible for its fair share cost of intersection modifications required/serving for this project. Be The developer shall provide left and fight turn lanes, when requested by the County, on Livingston Road at the project entrances in accordance with Ordinance 93-63, Work Within the Right-of-Way, as mended. The developer shall provide left and right mm lanes at the project entrance on lmmokalee Road, when requested by the County, in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. De The developer shall provide a fair share contribution, when requested by the County, toward the capital cost of a traffic signal(s) at any and all project entrances on Irnmokalee Road or Livingston Roads when, and if, warranted. All warrants shall be subject to analysis by the Collier County Transportation Services Division and in accordance with the County Traffic Signal System Policy. Traffic signal(s) will be owned, operated and maintained by Collier County. Eo The developer shall provide arterial level street lighting at each project entrance prior to the issuance of the first Certificate of Occupancy. All traffic control devices used shall comply with the Manual on Uniform Traffic Devices (Section 316.0747, Florida Statutes). The above improvements are considered "site related" as defmed by ordinance and shall not be eligible for impact fee credits. If Piper Boulevard is extended through the subject property, the property owner will dedicate 60 foot of right-of-way for that road extension through the Carlton Lakes PUD, when requested by the County. This dedication, if requested, may be eligible for roadway impact fee credits. Should this dedication not be eligible for impact fee 7-4 credits, then reimbursement from the County or third party payment shall be made at the time of dedication with consideration prorated on the usage factor. The acreage of the potential right-of-way will not be developed with habitable structures, however it may be utilized for signage and architectural community identity structures until a roadway is actually developed. Should the property be dedicated to the County, its use shall be limited to the stated purpose of development of Piper Boulevard and related infrastructure. Any other proposed use shall require approval by the developer or assign.q with the approval limited to the compatibility to the proposed or developed residential community and related commercial tract. The acreage of the potential right-of-way shall be counted toward satisfaction of the open space requirements for the commercial tract. The acreage of the po, t,ential right-of-way may be enhanced by the developer or its assighs with landscaping; such enhancement shall be exempt from native species requirements. The potential fight-of-way shall have a width of sixty (60) feet and shall be parallel and adjacent the canal fight-of-way except at the 7 acre commercial tract where it shall be parallel to the eastern and northern tract boundaries separated by a 10 foot Type "D" landscape buffer. This buffer shall be exterior to the commercial tract and shall be a substitute for the required perimeter buffer required by the Land Development Code for the commercial development. This buffer shall be developed concurrent with the development of the commercial tract. The developer may elect to construct a portion of the potential Piper Boulevard extension. Such improvements shall meet the Land Development Code's development standards for a public local road and such improvements may be eligible for roadway impact fee credits if the County requests dedication of the referenced right-of-way. Should these improvements not be eligible for impact fee credits, then reimbursement from the County or third party payment shall be made at the time of the dedication with consideration prorated on the usage factor. 7-5 1999 This roadway segment may also serve as a project access for the project and commercial tract. Should the County elect to fully develop the Piper Boulevard extension and the County require that the access point to the residential development be closed, then the County will allow the Developer an access point, concurrent with its closing, as noted by the "Alternative Access Point" location noted on Exhibit "A" PUD Master Plan. 7.8 If Livingston Road is used as access and should right-of-way, design md/or construction of any portion thereof be included in the development project, such expense may be subject to road impact fee credits to the degree provided for in Ordinance 92-22, as amended. Collier County reserves the right of arterial mad median access control in the interests of safety and operational considerations. Ko Median access from lmmokalee Road shall be considered temporary and shall be removed when retksonable access from Livingston Road becomes available. A fight-in entry/fight-out exit may remain if such access meets the Cotmty's access managerfient standards. Lo The developer may be eligible for impact fee credits, consistent with Ordinance 92-22, as amended, if developer chooses to build any portion of the proposed Livingston Road. All access points, whether from Immokalee Road or the future Livingston Road shall meet the standards set forth in the County's Access Management Policy, as it may be amended or superseded. ' No In the event public access to streets in this development is not otherwiSe regulated, or streets are conveyed and accepted for public use, provision shall be made to interconnect the street system to the contiguous Regency Village PUD. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A copy of South Florida Water Management District (SFWMD) Permit of Early Work Permit with staff report is required prior to construction plan approval. 7-6 AGENDA iTEM OU[ 26 1999 7.9 Bo An Excavation Permit will be required for the proposed lakes in accordance with ~'ivision 3.5 of the Collier County Land Development Code and SFWMD Rules. Co A Big Cypress Basin (SFWMD) Right-of-Way Permit, allowing the project's discharge into the Immokalee Road canal shall be provided prior to final consmaction plan approval. Do The water management storage requirements for the commercial tract may be developed within the residential development or integrated within the residential development provided system capacity is available. ~ITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: The on-site water distribution system to serve the project shall have the following features incorporated into the distribution system design: Stubs for future syste,~ intemonnection with adjacent properties shall be provided to ~e north, east and west property lines of the project; at locations to be mutually agreed to by the Utilities Division and the Developer during the design phase of the project. Bo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County.- rules and regulations. The Collier County Utility District owns and maintains an 80 foot strip of land running north fi.om lmmokalee Road and parallel to the right-of-way for the proposed future Livingston Road. This parcel lies between the proposed roadway and the subject property. This land is presently utilized as a well field to supplement the County's treated effluent for imgation purposes. The Collier County Utility District agrees to provide access easements across this strip of land where noted on the Carlton Lakes PUD Master Plan and Preliminary Subdivision Plat. 7-7 1999 The granting of these access easements is contingent on the accessways not interfering with the County's use and maintenance of the existing well system. The utilization of the accessways will be limited to roadway access, sidewalks, landscaping, lighting, and directional and project signage. 7.10 7.11 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao 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. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Consistent with LDC Sectior;' ~.9.5.5.3, twenty-five (25) pement of the viable naturally functioning native vegetation on site shall be retained. Project acreage is 245.77 of which 220.57 acres have been determined to be viable naturally functioning native vegetation; therefore, a total of 55 acres shall be identified. A minimum of three-quarters of this requirement (41 acres) shall be fi.om the identified wetland and upland conservation tracts noted on the PUD Master Plan (Tracts D 1 through D 10). The remaining 14 acres shall be identified prior to platting and may include .. perimeter buffers when appropriately planted. Bo All jurisdictional wetlands and/or mitigation areas shall be designated within and as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of Florida Statutes. All proposed mitigation for wetland impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District (SFWMD) Rules and be subject to review and approval by Community Development Environmental Staff. Buffer zones which extend at least fifteen (15) feet landward fi.om the edge of wetland preserves in all places and average twenty-five (25) feet 7-8 7.12 7.13 from the landward edge of wetland preserves shall be provided. These buffer zones may include wetland preserves pr-,vided they are accepted as such by SFWMD and such area is in excess of the requirements of Subsection 7.11.A. of this document. An exotic vegetation removal, monitoring, and maintenance (exotic-flee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Community Development Environmental Staff for review and approval prior to final site plan/construction plan approval. This PUD is located within the Collier County Groundwater Protection Zone No. 1-4 and shall comply with the appropriate sections of the Groundwater Protection Ordinance No. 91-103 at the time of final development order approval. Go The perimeter landscaped buffer shall be reduced from 15 feet to 5 feet of width at the environmental/property line section of the project's circulation system; location is identified on Exhibit "A" PUD Master Plan. This reduction is to reduce the impact of the roadway on the adjacent conservation area. The tree and planting requirements of this buffer will be increased by reducing the spacing of required trees by 50 percent. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal sU'ucture except for a construction site office, model units, gatehouse, project signage and water management lakes. SIGNS Monumental signs/community identification shall be permitted at all project entrances and two locations along the southern property line. Southern property line signage may be developed within the community identification tract, however it shall be relocated should the County elect to develop the extension of Piper Boulevard. Such signage or community identification may be accompanied by complimentary landscaping and lighting. All other signage shall be in accordance with Division 2.5 of the Land Development Code. 7-9 1999 7.14 LANDSCAPING FOR OFF-STREET PARKING 7.15 All landscaping ~Or off-street parking areas shall be in accordance with Section 2.4.5 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement 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 associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling subject to the provisions of subsection 2.12 of this document), in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those builclable 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 10% of the total up to a maximum of 20,000 cubic yards. All other provisions of said Division 3.5, unless elsewhere addressed by this document, are applicable. F APMS-CORP~OMPANY~Iam.~n~Cadton_Lak~ 7-10 ROAD REZONING CARLTON LAKES FOR COMMERCItL USE MUST BE DENIED 1. The developers of Carlton Lakes do not provide for sufficient green acres in proportion to land cleared for building construction. They simply level the forest and build. 2. A considerable number of residential units in Lakeside and Edgewater directly face the proposed commercial building site. The building architecture will not erase the unsightly building rear wall with its loading ramps and continuous truck delivery traffic. The street lights will forever shine in our bedroom windows and interfere with sound sleep. 3. NTC Development surreptitiously plans to allow tractor trailer entrance from Carlton Lakes Blvd to the proposed super market loading ramps because the trucks can't swing around on Livingston. This will bring unsightly commercial traffic directly onto our private entry road. &. Clearing the forest at the entrance to the Carlton Lakes residential community for commercial use will destroy the natural beauty of the neighborhood and should remain a nature preserve. Leveling the forest is in possible violation of the Environmental Protection Act. 5. The traffic congestion at the corner of Immokalee Rd and Livingston Rd will become a horrendous safety hazard and will interfere with the orderly movement of vehicles to and from Carlton Lakes and future neighborhoods northward along the Livingston Rd extension. 6. The proposed Livingston Rd extension northward and its Connection with Bonita Springs Rd and land development for residential purpose along the extension (2000 acres by the Bonita Bay Development Company to the W.) will bring a volume of traffic to the intersection of Livingston Rd and Immokalee Rd that will become a driver's nightmare. 7. Vehicles moving E. and W. along Immokalee Rd desiring to enter Livingston Rd will create dangerous traffic congestion and interfere with the ever increasing volume of vehicles using Immokalee Rd as a major connect to Naples and the beaches along with its use as a major route for those traveling to work. 8. Another supermarket is not needed in the area since Publix is an 8th of a mile to the E. and a Winn Dixie is a 1/2 mile to the W. 9. The Bonita Bay Development Co should build a shopping plaza to the N. at the intersect of Bonita Springs Rd thus alleviating the congestion on the S. end of Livingston and Immokalee Rds. 10. Commercial development should be directed toward larSer tracts of land with deep setbacks from traffic lanes and~wh~._e/~ entrance and exit can be facilitated. 1999 John A. Weiss 5140 Cobble Creek Court Naples, FL 34110; 596-3462 EXECUTIVE SUMMARY PETITION PUD-98-20, WILLIAM L. HOOVER, AICP, REPRESENTING GULF SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, ON PROPERTY LOCATED APPROXIMATELY ~A MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85 + ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to "PUD" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 518 multifamily and/or single family dwelling units on 76.85 acres. CONSIDERATIONS: The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) via Whippoorwill Lane a local road. An 11.42 acre parcel (Parcel "B") extends into the Activity Center and is between 1-75 and the Seagate Baptist Church property, and borders the south side of the Best Western Hotel. The remaining 65.43 acres of the proposed PUD extend southward and are bordered on the west and south sides by low-density single-family development and some vacant properties which are zoned "RMF-6", "RSF-5", and "A" Rural Aghcultural, respectively. The existing residential properties located to the west across Whippoorwill Lane and directly to the south have developed at densities of four to five dwelling units per acre. A PUD, Whippoorwill Woods, located less than 1/4 mile to the south was approved for 5.51 dwelling units per acre in 1998. No other development has been approved or has taken place in this area. Maximum eligible residential densities in the Activity Center and the Activity Center Density Band are determined through the Density Rating System provided in the Growth Management Plan (GMP). The 11.4-acre Parcel "B" qualifies for up to 16 units per acre because it is located in the Activity Center. The remaining 65.43 acres (Parcels A,C, & D) of the PUD qualify for up to 7.0 dwelling units per acre because they lie within the Activity Center Density Band. The applicant proposes a maximum of 518 dwelling units for an overall density of 6.74 dwelling units per acre. The Parcels "A", "C", and "D" will be limited to a maximum of ITEM 6.0 dwelling units per acre to prOvide a transitional land use density through the project. A maximum of 16 dwelling units per acre will be allowed in Parcel "B" which is located in the Activity Center; however, the petitioner has indicated that Parcel "B" will likely be developed at a maximum of 10 dwelling units per acre. The proposed densities are within the range allowed by the Density Rating System. Rezone Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report). The petition has also been reviewed by the appropriate staff responsible for oversight related to the referenced areas of concern. This included reviews for environmental, transportation, and traffic impacts. Staff recommendations are included in the development commitments sections of the PUD Document, which also incorporates stipulations made by the Environmental Advisory Committee (EAC). Analysis for consistency with applicable elements of the GMP shows that the petition if approved will be consistent with the elements of the GMP. PROS/CONS: Pros (i) The subject petition appears to be consistent with the locational criteria for residential development as it applies to the County's Growth Management Plan. (ii) The PUD development plan will Provide for transitional density to make it more compatible with neighboring development. (iii) Roads and utilities will be extended along Whippoorwill Lane at the owners expense. Cons (i) Some residents may find that any increase in residential development will bring increased inconveniences such as traffic. FISCAL IMPACT: Whippoorwill Lakes PUD will likely be a multi-family residential project. Based upon authorized uses and planned intensity of development, the following revenue is estimated at build out. Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: $578.00 per unit x 518 du's = $180.52 per unit x 518 du's = $0.15 per Sq. Ft. of bldg. area $ 299,404.00 93,509.36 AGENDA ITEM OCT 2 6 1999 School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: ~ 1,200 SFx 518 x 0.15 = $1,778.00 per unit x 518 du's = $1,379.00 per unit x 518 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 518 x 1,200 = $14.00 per unit x 518 = $0.005 per Sq. Ft. of bldg. area ~ .005 x 3000 x 518 = $2.00 per unit x 518 = TOTAL IMPACT FEES 93,240.00 921,004.00 714,322.00 3,108.00 7,252.00 7,770.00 2,072.00 $ 2,141,681.30 The average size of most of the proposed dwelling units will be 1,100 - 1,200 square feet. This project will provide 518 dwelling units of this size or less; therefore, the estimated total amount of impact fees collected at build out will total $ 2,141,681.30+. 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 valorem taxes. The amount of revenue generated by the ad valorem 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 valorem 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 housing 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 mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination AGENDA ITEM OCT 2 6 1999 Pg- ~..~ versus an area or local determination such as for roads. The proposed Whippoorwill Lakes PUD will not cause County LOS to be exceeded. This rezoning by and of itself will have little or no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The northernmost portion of the proposed PUD is Parcel "B", an 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The Activity Center allows a density of up to 16 dwelling units per acre based on proximity to the major intersection that it surrounds and the compatibility of the surrounding land uses. The remaining 65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dwelling units per acre. Parcels "A", "C", and "D" of the proposed PUD are located within the Residential Density Band qualifying the southern portion of the PUD for up to seven (7) total dwelling units per acre if deemed compatible with surrounding land uses. The applicant proposes a density of 6.74 dwelling units per acre with a maximum 518 total dwelling units. This is less than the possible 8.33 dwelling units per acre and 640 total dwelling units allowed by the Density Rating System and which is calculated as follows: Parcels "A", "C", and "D" Base Density Activity Center Density Band Maximum Permitted Density Maximum Number du's ~ 65.43 acres x 7 du's per acre 4 du's/acre +3 du's/acre = 7 du's 458 du's maximum AGENDA ITEM CCT 2 6 1999 "g' Parcel "B" Activity Center Maximum Number du's ~ 11.42 acres x 16 du's/acre = 16 du's/acre = 182 du's maximum Total Maximum Density Allowable = Total Maximum Density Proposed = 640 du's/76.85 acres = 8.33 du's per acre 518 du's/76.85 acres = 6.74 du's per acre The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Transportation Element - The Traffic Impact Statement estimates that the 628 MF units (reduced to 518 du's) will generate an average of 3,898 Weekday Daily. The peak hour trips are estimated at 385 trips. Based on this analysis, Staff estimates the site generated traffic from the proposed change will exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the project trips will not lower the level of service below the adopted LOS "E" standai'd. Therefore the project will be consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements are not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build-out of this project. Also, an intersection analysis of CR- 896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; therefore, the project complies with Policy 1.3 and 1.4 of the TCE. .Keep in mind though, the applicant proposes an additional project on Whippoorwill Lane that in combination with this project, and five other proposed PUDs, would cause the 5 percent LOS "C" significance test to be exceeded and would lower the LOS on CR-896 even more. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. WHIPPOORWILL LANE COORDINATED MASTER PLAN CONSIDERATIONS: This plan is necessary due to the number of PUD applications recently submitted for the Whippoorwill Lane and Livingston Road area, and their potential for degrading future OCT 2 6 1999 Pg. levels of servic.~. On September 14, 1999, Staff asked the Board for time, prior to considering any approval of development orders in the above mentioned area, in order to direct a coordinated effort between area property owners and County Staff. The proposed Coordinated Master Plan addresses the concerns of adequate access for all area properties, proposes an alternate road access to help minimize potential level of service impacts to both Pine Ridge Road and the future Livingston Road, and addresses concerns regarding the ability of the Kensington Lakes Drainage Canal to adequately handle drainage produced by area development projects and the County's Livingston Road project. Staffalso proposes that certain stipulations be made common to each rezoning approval in the Whippoorwill Lane Coordinated Plan area. These stipulations will limit building permits until adequate right-of-way is obtained, drainage problems are addressed and under control of the County, an areawide sewer and potable water system is designed and implemented, and a Whippoorwill Lane East-West Connector is constructed. Costs of such improvements will be distributed among all property owners receiving direct benefits. STAFF RECOMMENDATION: Staff recommends approval of PUD-98-20, The Whippoorwill Lakes PUD Document and Master Plan, with the following stipulations: The issuance of building permits will be suspended upon the issuance of permits for five-hundred (500) dwelling units in the event that at such time Livingston Road is not yet completed for public travel between Golden Gate Parkway and Pine Ridge Road. Prior to completion of construction of Livingston Road, Whippoorwill Lane and its east-west connector to Livingston Road shall be constructed to County collector road standards, and dedicated to the County. Impact fee credits in part may be made for construction of said roadway from Pine Ridge to Livingston Road in the event said road is included on the traffic way map to the Traffic Circulation Element as an urban collector road. Adequate right-of-way as determined by the County's Transportation Department for Whippoorwill Lane and an east-west road shall be conveyed to Collier County pursuant to the provisions of Section 2.2.20.3.7 of the Land Development Code (i.e., 90 days following rezone action). o The costs for acquisition of land for the east-west right-of-way shall be borne proportionately by all benefiting property owners having frontage on Whippoorwill Road or its east-west extension including the most southerly parcel of land. OCT 2 6 1999 o Area-wide drainage facilities and appurtenances, including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property owners. Both of these actions will take place prior to the issuance of building permits. o A sanitary sewer collection system and a potable water supply distribution system is designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Both of these actions will take place prior to approval of any subdivision plat or site development plan. PLANNING COMMISSION RECOMMENDATION: At the July 15, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-98-20 to the Board of County Commissioners. AC-iEN~ A ITF_.M OCT 2 6 1999 PREPARED BY: DO.Am s~ ~A¥, Axle f" P~CIP~~R ~" DATE REVIEWED BY: /I~ONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE .,/ROBERT J. M-ULHERE, AICP, 6' PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: .VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition PUD-98-20, Whippoorwill Lakes PUD. Scheduled for the August 3, 1999 BCC meeting. Continued to the October 26, 1999 BCC Meeting. AGENDA ITEM OCT 2 6 1999 AGENDA ITEM 7-I TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES JUNE 16, 1999 PETITION PUD-98-20, WHIPPOORWILL LAKES PUD Agent: Mr. William L. Hoover, AICP Hoover Planning 3785 Airport-Pulling Road, Suite B Naples, Florida 34105 Mark Bates, President Gulf Sun Corporation 533 Turtle Hatch Lane Naples, Florida 34103 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed-use residential development. GEOGRAPHIC LOCATION: The property is located ¼ mile south of Pine Ridge Road (CR-896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: When completed, the project master plan will provide a singular development that will encompass approximately 76.85:t: acres of land to be developed with a mixed residential land use strategy in the PUD Document. If approved, the development plan will include the following: A total of 628 dwelling units with a density of 8.17 units per acre, which the applicant estimates is consistent with the maximum density p~mitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). ¢ 2 6 1 99 °1 2 6 1999 Z 2. Open space that includes a 14.7 acre preservation area, 16.1 acres of · ~ and landscaping and buffering equaling 72 percent open space and exceeding the minimum 60 percent required for PUDs. 3. Common access for recreation use of the preservation area and lake. 4. Four development tracts (Parcels "A'-"D"). 5. A gate house. 6. Access from Pine Ridge Road via Whippoorwill Lane. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: North- To the north lies the Seagate Baptist Church and the Sutherland Center Commercial PUD. Both are within the Activity Center which contains a motel, fast food restaurant, a convenience store, and a service station. East - To the east lies the Interstate 75 right-of-way and drainage canal. South - Two single family homes abut the proposed PUD on the south side. Properties located farther to the south are mostly undeveloped and designated "A" Rural Agricultural. The Whippoorwill Woods PUD, approved in 1998, lies approximately 660 feet south and was approved for mixed housing with a density not to exceed 5.51 dwelling units per acre. West- A six-bed hospice is located across Whippoorwill Lane from the northwest comer of the proposed PUD. The underlying zoning for the property is RMF- 6 which allows no more than six units per acre. Running southward from the hospice are properties zoned "A" Rural Agricultural and "RSF-5" Residential Single Family with a maximum density of four (4) dwelling units per acre. These properties contain four (4) existing single family homes. " GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Future Land Use Map (FLUE) of the Growth Management Plan (GMP). This designation provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located partially within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center with the remainder of the PUD lying within the Residential Density Band that provides for an additional three (3) dwelling units per acre. The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Elem~mt and Density - The northernmost portion of the proposed PUD is Parcel "B", 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activit Activity Center allows a density of up to 16 dwelling units per acre bz, sed on proximi~ intea'scction that it mm'ounds and th~ compatibility of the ~ hind uses. 1 2 Cent ._T _c , 1999 65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dwelling units per acre. Parcels "A', "C', and "D' of the proposed PUD are located within the Residential Densi~/Band qualifying the southern portion of the PUD for up to seven (7) total dwelling units per acre if compatible with surrounding land uses. The applicant proposes a density of 8.17 dwelling units per acre based on a possible 640 dwelling units deteimined as follows: Parcels "A", "C", and "D" Base Density Activity Center Density Band Maximum Permitted Density 4 du's/acre +3 du's/acre = 7 du's 65.43 acres x 7 du's per acre = 458 du's maximum Parcel "B" Activity Center = 16 du's/acre 11.42 acres x 16 du's/acre = 182 du's maximum Total Maximum Density Allowable = 640 du's/76.85 acres = 8.33 du's per acre "The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Traffic Circulation Element - The Traffic Impact Statement estimates that the 628 MF units will generate an average of 3,898 Weekday Daily Trips more than the currently approved Club Estates PUD. The peak hour trips are estimated at 385 trips. Based on this analysis, Staff estimates .the site generated traffic from the proposed change will exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the project trips will not lower the level of service below the adopted LOS "E" standard. Therefore the project will be consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements are not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build- out of this project. Also, an intersection analysis of CR-896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; thgrefore, the project would comply with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional project, which in combination with this pwject would exceed the 5 percent LOS "C" significance test and would lower the LOS on CR-896 even more. vacating Nighthawk Drive, which provides access to the property abutting this PUD on it thu~ reducing any future interconnectiom to development to the south. The loss of ~ 3 Fuzth~smore, the Pet Ranch Road right of way is proposed to be vacated. The applicant also proposes ; ~u~i~A ITEM OCT 2 6 Ig99 between the PUD and future development to the south is not consistent with Policy 9.3 of the TCE. In addition, the FLUE Density Rating System of the GMP requires subtracting one (1) dwelling unit from the project for lack of interconnection of local streets. Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 55.4 acres (72 percent) of the gross acreage and including land set aside for: preservation (14.7 acres); landscaping (24.6 acres); and a lake (16.1 acres). As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above prescribed course of action should make this petition consistent with this element of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside of an area o( historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, no Historical/Archaeological Survey and Assessment are required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible 'for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was reviewed by the Environmental Advisory Board (EAB) and was recommended ~kith minor stipulations that were incorporated into the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential i?acts 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 det¢iminafion of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". AGENDA ITEM OCT 2 6 1999 In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all"~bf its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. CompatibiliW - The subject property is located within the Urban Mixed Use - Urban Residential Subdistrict as identified on the Future Land Use Map of the GIMP. The site is located contiguous to the west alignment ofi-75 south of the Pine Ridge Activity Center and east of the Whippoorwill Lane southern t~rrninus. The applicant proposes a multifamily development on four parcels of the proposed PUD. Those parcels are designated as Parcels "A" through "D". Parcel "B", is 11.42-acres in size and is located just south of the Best Western Hotel located in the Sutherland Center PUD. Both the hotel and Parcel "B" are located within the Pine Ridge Activity Center, which allows for higher density residential development up to 16 dwelling units per acre. Parcel "B" also abuts a church property located on its western boundary, and the northern boundary of Parcel "A". The church property is mostly undeveloped with the church being located in the northwestern one-quarter of the property and, in effect, creates a buffer or transition between the commercial properties located to its north ~d Parcels "A" and "B" of the proposed PUD. Parcels "A" and "D" are located near lower density residential uses located on the west side of Whippoorwill Lane. Those properties contain four single family homes with the exception of a hospice located near the northwest corner of Parcel "A". The single family homes are considered lower density residential with lot sizes ranging from one-quarter acre to one-half acre in size. The smaller lots are zoned RSF-5 with a maximum density of four (4) dwelling units per acre. The remaining parcels located to the west and south of Parcel "A" are zoned Rural Agricultural and are mostly undeveloped at this time, except for two large lots with existing single family homes located on the south side of the PUD. Also, located approximately 660 feet south of the proposed PUD is Whippoorwill Woods PUD, which was approved for mixed residential uses with 5.51 dwelling units per acre in 1998. In addition, the owner Of the Whippoorwill Lakes property has recently submitted another application for a multifamily PUD that will lie between the Whippoorwill Lakes and Whippoorwill Woods PUDs. The owner is requesting to develop that PUD with a maximum allowable 210 dwelling units. Given the contiguous relationship of the subject property to a commercial use (i.e., hotel) and a church, and considering the impact of Interstate 75, a higher density residential development is justified. This is moreover supported by the density strategy inherent in the density rati acknowledges higher densities as related to location within an activity center (i.e., 16 density band (i.e., 7 alu'a/acre). The question we need to answer'ia, what is the desh 0CT261999 / L density? Thc PUD to the south (Whiplx~rwill Woods) is approved for 5.51 dwelling units per acre. Most likely, thc land area to the we~t of Whippoorwill Lane will be limited to three (3) dwelling units per acre because, for the most part, only the base density from the density Rating System applies to thi,~ land area. Amendments to the GMP, although not officially adopted, are nevertheless for all practical purposes now in effect and would limit the density of this project to five (5) dwelling units per acre assuming the proposed reduction of the base density to two (2) dwelling units per acre can be increased to three (3) dwelling units per acre based on design and highway relationships. Because the density of the Whippoorwill Woods PUD is now approved for 5.51 dwelling units per acre, it would not be equitable to require a lesser density in an area that is supposed to be a Wansition between higher density and intensity to an area of lower density and intensity; therefore, Staff recommends a density of six (6) dwelling units per acre and asserts that this would be more compatible with the type of surrounding development and the density/intensity characteristics. Traffic - The primary vehicular access point will be from the southward extension of Whippoorwill Lane. Whippoorwill Lane intersects with Pine Ridge Road (CR-896) within the Pine Ridges Highway Interchange Activity Center. The access road should operate with an acceptable level of safety and is subject to the Access Management Plan. The increased traffic impact from this and other proposed PUD development along Whippoorwill Lane may substantially reduce the level of service (LOS) on CR-896 but the LOS should remain at acceptable standard at the build out of this project, especially with the six lane widening proposed for CR-896 in the year 2000; therefore, the proposed PUD meets the policies of the Traffic Circulation Element. Although road capacity may be at an acceptable LOS, the proposed PUD does not provide for ,interconnectivity as required by the FLUE Density Rating System of the GMP. The FLUE Density Rating System subtracts one (1) dwelling unit per acre from a project for failure to interconnect with all existing and future projects when possible. This project also proposes to vacate existing road rights-of-ways and fails to provide interconnections as portrayed on the concept plan. If Whippoorwill Lane is ever extended to the proposed Livingston Road, it might help reduce some of the traffic load onto CR-896 and help to compensate for a lack of interconnection between the PUDs and future development in this area. It is highly unlikely that would happen before build out of th:ese PUDs, if it ever happens. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and Airport-Pulling Road, which contain shopping centers and business and medical offices all within a short driving distance. Police, fire and other emergency services can be readily provided from the appropriate facilities located nearby. PUD Docum~al and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in re, mis of format, general pwvisious, and development standards and commitments. The PUD Document contains all of Staff's recommendations and will make pi~ ;;.~,~l~l~)~ I~ OCT 2 § 1999 of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paving of Whippoorwill Lane for access to this PUD and future development located to the south. It will also include a common area, trails, and access to the lakes and preservation areas for recreational use by residents. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-98- 20, the Whippoorwill Lakes PUD Document and Master Plan, to the Board of County Commissioners subject to the following condition: 1. Density shall be limited to six (6.0) dwelling units per acre for a total of 461 dwelling units. 1999 PKEPAR~ BY: bONAL~ I~Y, ~, PRINCIPAL PLANNER CURRE~LANN~G S.ECTION DATE E~IEWED BY: ~ ONALD~ 'NIN~AIC , CURRENT PLANNING SECTION DATE' R~I-IER~, AI~2P, DIRECTOR PL ~AN~.G~RVICES DEPARTMENT VI~ICENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE StaffR~ for July 15, 1999 CCPC meeting. Note: This petition has been scheduled for the August 3, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: PUD-98-20 WHIPPOORWILL LAKES PUD/STAFF REPORT/DJM 8 OCT 2 S oo I,~9 FINDINGS FOR PUD PUD-98-20 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 (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (ii) The subject property is served by a network of arterial roads, all within the urbanized area facilitating access to a variety of community services and facilities. Con: (i) Proposed density and intensity is not compatible with existing and future residential densities of the surrounding environs. r (ii) Loss of travel time for users of the same arterial road network. (iii) Existing residents often perceive a residential intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and fi.om their place of residence, decreasing safety, increasing noise, and reducing property values. Exhibit "A' Finding: Jurisdictional reviews by County staff support the manner and pattern of the proposed development, except for the proposed density for the subject property unless modified. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infi.astmcture will be developed and be consistent with County regulations. OC'[ 2 6 1~99 Based on the criteria of the FLUE of the GMP and Staff's review of compatibility of the proposed PUD with surrounding land use, Staff is of the opinion that the proposed density needs to be adjusted to make the proposed PUD more consistent with Policies 5.1 through 5.4 of the FLUE of the GMP. A more acceptable density would be based on an overall maximum total of 461 dwelling units with an overall maximum density of 6.0 units per gross acre. This should allow for compatibility with surrounding properties and a transition from higher density to lower density land use. This is more consistent with the intent of the Density Rating System and the policies of the FLUE. 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. 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 consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: None Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element and Density - The subject site is located within the Urban Mixed Use -Urban Residential Subdistrict on the Future Land Use Map of the GMP. Parcel "B" of the proposed project is also within the Pine Ridge Road (CR:896) - Interstate 75 Activity Center. This area is limited to a base density of four dwelling units per acre and three dwelling units per acre for the area located within the Residential Density Band up to a total of seven dwellings per acre if the development is compatible with the surrounding land use. Since Parcel "B" is within the Activity Center it qualifies for up to 16 dwelling units per acre based on the criteria of the Density Rating System and land use compatibility. The failure to provide an interconnection of local ~o~1~~ adjacent properties results in a reduction of one dwelling unit per acre by the BCe. If tho applicant adjusts the density to be more consistent with the Density Rating System and makes provision for compatibility and transitional densities, Staff would be able to support the request. Based on Staff's analysis, this project is only eligible for 461 dwelling units at a density of 6.0 dwelling units per acre based on density bonus provisions of the Density Rating System and compatibility (see Analysis in Staff's Report). The recommended density also takes into account staff's analysis of neighborhood compatibility, transitional densities, and buffering. Appropriate density will ensure that the development of the property will be compatible with nearby properties. Land Use - The Urban Residential Subdistrict allows all residential structure types and other uses normally found in a residential environment, such as recreational use. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE. Recreation and Open Space - The proposed PUD provide approximately 72 percent of the project as open space, which will include a lake, landscaping, and preservation area. Staff's review indicates that the petition has been designed to be consistent with the GMP with the exception of the proposed density. 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 minimize internal land use conflicts through open space separation thereby protecting sensitive areas and bufferi~..g residences internally. Con: The proposed higher density is not deemed compatible externally. Densities in Parcels "A" and "D" should be held to compatible densities of no greater than 5- 6 dwelling units per acre in order to provide for buffering between adjacent off- site land uses and to provide transition from lower density to higher density residential development. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. While this holds Ixue for most of the proposed PUD, the proposed density still needs to be reduced to acceptable levels to help enhance the external relationships; therefore, Staff recommends that the proposed density be reduced and transition from the lower density areas to the higher density northern area (Parcel "B"). AGE~)A ITEM 1999 m The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The mount of open space set aside by this project me. ts or exceeds the provisions of the Land Development Code. 6o The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem (see Staff's Report). 0 The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Findint~: 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 fi.om 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 detemination that such modffications are justified as meeting public purposes to a degree at least equivalent to Hteral application of such regulations. Pro/Con: Evaluation not applicable. FINDINGS FOR PUD-9~-20/D~! Summary* Findinu: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for the particular housing structures and associated requirements. The proposed density will be conforming if it is held to an acceptable density (see Staff's Report). 4 2 1 99 REZONE FINDINGS PETITION PUD-98-20 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, obje~:tives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: Development orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. Con: None Summary Findines: The PUD as proposed is in compliance the Future Land Use Element of the Growth Management Plan with the exception of the proposed density of development. The uses permitted within this PUD are consistent with the currently approved uses. The existing land use pattern; Pro: A more detailed study is contained in the staff report. Con: None Summary Findines: The parcel is of a sufficient size that it will not result in an isolated district urn'elated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the Urban Residential Subdistrict on the Future Land Use Element and location within the density band. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to other appwved PUDs in this area. Approval of this PUD will not create an unrelated zoning district. Con ~ Evaluation not applicable. Exhibit "B' OUr 2 6 1999 Summary Findings: The parcel is of sufficient size that it will not result in an isolated district mu'elated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: Nearby Lands are zoned PUD that will contain similar residential development. In addition, the boundaries are logically drawn by virtue of the site's location within two existing zoned PUD projects. 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: With the exception of the proposed density of 8.17 dwelling units per acre, the proposed zoning change is consistent with the Growth Management Plan. ** Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Adjacent properties north of Parcel "B" are higher density and located · within an activity center. The properties further south and southwest are zoned for lower density (0.4 to 5.0 du's per acre); therefore, the proposed density of development does not adequately buffer or Wamition from higher densities to lower densities. (ii) The proposed apartment use will be appropriate near the activity center and 1-75. AGENDA ~TEM CCI 2 6 1999 (2on: (i) Although the PUD will contain a preservation area, proposed densities may be too high for this area. Summary_ Findings: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least mount of adverse impact on adjacent and nearby developments. A lower density should be adopted to ensure that the FLUE policies and objectives to limit densities are being met. 0 Whether the proposed change wffi 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 lraffic circulation element. (i) The property will access private and public roads providing access to the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. 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 nm 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, and, when developed, will not excessively increase traffic congestion. Additionally certain traffic management system improvements may be required as a condition of approval (i.e., mm lanes, traffic signals, dedications, etc.). In the final analysis, all rezone actions are subject to the Concurrency Management System. Se W'nether the Pro: (i) proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over anq would occur without development.'! ~'~ ! CC7 28 1,999 :3 Con: 0) None Summary_ Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed mixed use development conforms to the approved zoning on the adjacent properties. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are followed. C,,on: Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. 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. The proposed PUD should have a positive impact on property values, especially if it is developed with transition of density and intensity of development. 4 1999 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findin_es: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used fn 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project would comply with the GM? if the proposed density is lowered. Con: The project as proposed on the Master Plan (concept plan) makes it difficult to determine whether it is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Summary Findings: The subject PUD does not comply with the Growth Management Plan as a whole because the intensity of land uses is not.deemed acceptable for ttff~ ~it~_aS..'TTT~-.-'-' s ' 26 1999 proposed. Although the PUD Document appears to address the scale of development, the concept plan makes it difficult to determine the scale and intensity of development because it ~oes not define where units may be located in relation to internal and external development. 15. Whether is it impossible to f'md other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Pindin_~s: There are many sites that are zoned to accommodate thc proposed development. This is not the deten~ining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Finding_s: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. 17. The impact of development on the availability of adequate public fncillties and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as del'reed nnd implemented through the Collier County Adeqnate Public Fncilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findint,s: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-98-20/DJM 6 1999 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO? ~ D ~ ~- 2 0 '~ COORDINATING PLANNER: ~0~ /~ ~ff~A ~, DATE RECEIVE Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name Corporation, 533 Turtle Hatch Lane, 6434 and Address: Mark Naples, Forida 34103 Bates, Presidem, Gulf Sun Phone: 261-6434 Fax: 261- Detailed Legal Description of Subject Property: Section 1.8. Township 49S Range 26E See attached Exhibit "A" Property Identification #: "C" = 00286320009 and (Rayburn Land). Parcels "A" and "B" = 00287000001 (Spaide Land), Parcel 0028636001 (Cook Land), and Pan:el "D" -- 00286400000 Size of Property: 2270+ Feet x 1,320-~_'Feet (L-shaped) = 76.85+ Acres General Location of Subject Property: Located 1/4 mile south of Pine Ridge Road, and encompasses the area north of Night Hawk Drive, between Whippoorwill Lane and 1-75.. Adjacent Zoning and Land Use: ZONING N - Agricultural/PUD LAND USE Seagate Baptist Church north of our western 1/2 and Best Western Motel north of our eastern 1/2. s - Agricultural Vacant with 2 scattered single-family homes. E - Right-of-Way 325' wide Interstate 75 ROW/Drainage W - Right. of-Way and then RMF-6/_AgFic./RSF-5 Whippoorwill LaneJ Hospice of Naples and Sin_~l~Fami¥ homes on Lake. 9~T 2 6 1999 Existing Zoning: Agricultural Proposed Land Use or Range of Uses: PUD with Permitted Uses of coach homes, attached villas/patio homes, townhouses/condominiums, garden apartments and single- family_ homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire comiguous property: No. Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. .No. Is this property currently vacant? Yes. land use and all existing structures. Signature of Petitioner If the answer is no please describe the current Date * If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business emity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's Parcels "A" and "B" are owned by L.E. and Leona Spaide, 1480 NE 103rd Street, Miami Shores, FL 33138 and are under sales contract by the' petitioner. Parcel "C" comprim~. 2 pamela, is owned by Dell E. Cook, Trustee, 27671 Bay Point Lane, Bonita Sp~_s. FL 34..134 and is under sales contract by the petitioner. A trust breakdown is attached ,as Exhibit "B". Parcel "D" is owned by. JKR Investments, Inc., a Florida Corporation, Suite 6. Camargo House, 1207 Third Street South, Naples, FL 34102. The attached authorization letters dgaxlo~e the ~itio~ hstq perm¢..~s~ion to have all of t_he ~ The _nefitioner ia a ~mSv~te co _rporation whose Officers ~ ~wn on Exhibit "C". 1999 EXIdlBIT "A" LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD Parcels "A" and "B", the Spaide land, described as: A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public mad right-of-way over and across the East 30 feet thereo~, and B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road fight-of-way over and across the West 30 feet thereof and the South 30 feet thereof. Co as follows: LESS A parcel of land in Sec. 18, Twp. 49S, Rng. 26E, more particularly described COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North 00039'46'. West 2639.68 feet to a point; thence North 00°40'16'' West 1319.90 feet to the POINT OF BEGINNING; thence South 89°36'42" West 461.39 feet to a point; thence North 14°36'28" West 680.88 feet to a point; thence North 89037'08" East 625.38 feet to a point; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING. Parcel "C", the Cook land, described as: The N 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way. P .arge. 1 "D", the Rayburn land~ descrihed ..as: The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS thc 1-75 right-of-way. -! Pg' ~'3/ EXHIBIT "B" 1-75 & PINE RIDGE RD. LAND TRUST SEC. 18-49-26 DELL E. COOK,(TRUSTEE) 27670-B4 BAYPOINT LANE BONITA SPRINGS FL. 34134 PHONE 941-992-5300 JAMES G. COLEMAN 4060 TAMIAMI TR. NAPLES FL. 34103 PHONE 941-261-7776 of Ownership 25% 25% WILLIAM SCHROEDER 4482 3rd AVE N.W. GOLDEN GATE, NAPLES FL. PHONE 941-455-5554 34116 25% --YNN DAFFRON 54 HARBOR LN. APLES FL. 34109 PHONE 941-774-3737 12.5% JUDITH FRYE 1988 45th ST. ~ ............................................ NAPLES FL. ~// ~ PHONE 941-353-6450 TOTAL 12.5% 100% 1999 EXHIBIT "C" Mark Bates is President of Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida 34103 and Buford Bates is Secretary-Treasta-er of Gulf Sun Corporation. Mark Bates has 100% interest in Gulf Sun Corporation. I°,999 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Flodda To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104, Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by the contracted purchaser, who is also the applicant, to act as authorized agents and to request necessary applications during the ElS Preparation and Review/PUD Rezoning petition process for the subject project. The applicant also acknowledges to have unified control over all of the acreage within the proposed PUD. Sincerely, Printed Name/Title Signature STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before ~¢~ ,199_°/by who is/are personally known t_o me or have produced ~s identifica~fion and who did (did not) take an oath. Printed Name My Commission Expires: me this tt day 0;[ RECE VEI HAR 2 ~ 1999 PUD98-20 -- ~.GF_NDA QCT 2 6 1~99 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104, Fort Myers, Flodda 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by contracted purchaser Gulf Sun Corporation, who is also the applicant for the PUD Rezoning, to act as Gulf Sun Corporation's authorized agents and to request necessary applications dudng the Environmental Impact Study preparation and review/PUD Rezoning petition process for the subject project. The property owner(s) of the land shown on the attached deed, to the best of their knowledge, also acknowledge that Gulf Sun Corporation has unified control over all of the acreage within the proposed PUD. Sincerely, Signature of Property Owner ~--~--~, .>',,-"~ ~-. Signature of Property Owner Signature of Property Owner The.. foregoing instrument was acknowledged before me this ~ day ~/~ii~ , 199.~ by ,~ ~/_~ ,,~, ~~,, .~ ~lare pem~lly kno~ to ~ or ~ve pr~d as identifl~fion and ~o did (did not) ~ke an oa~. Notary Public/,/. /~' Printed Nar~ - My Commission Expires: of SEAL ~-22-1ggg B: I~;;~M FROM P. 2 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 V'm Royale, Suite 104, Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by contracted purchaser Gulf 8un Corporation, who. is also the applicant for the PUD Rezoning, to act as Gulf Sun Coq~oration'a authorized agents and to request necessary applications during the Environmental Impact Study preparation and review/PUD Rezoning petition process for the subject project. The property owner(s) of the land shown on tim attached deed, to the best of their knowledge, also a~nowledge that Gulf Sun Corporation has unified control over ail of the acreage within the proposed PUD. Sincerely, Signature of Property Owner Signature of Property Owner ,~gnatu~-of I~rol~ert~ O)~ner The foregoing instrument was acknowledged " 199..~ by --~,~,.~ who is/are pemonally known to me or have produced ~/~ , id (did not) take an oath. before me this day of TO WHOM IT MAY CONCERN: This is to advise that GULF SUN CORPORATION has the authority to act for L. E. Spaide and Leona Spaide with regard to the rezoning of the property shown in the attached Indenture lying in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Flodda. Charle2~. Spaide, as aa~mey-in-fact for .~ Spaide Charlas/l~__/Sp~ide, as ~mey-in-factJ/ for Le~l:~a Spaide STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this//~'~ day of February, 1999, by Charles L. Spaide as attorney in fact for g E. Spaide and Leona Spaide, who personally appeared before me at the time of notarization and who are personally known to me or who produced .d~'~ '~,~'/~ ~ ~_/~?;,,c ¥ ~ as identification. LIZABEIH A. PROCIDA CCgahtl~ # CC62895 I EXPIRES~I~D II'IIOU~MAR 19. 3001 AltANIIC ~ CO~ INC. RY PUBLIC My commission expires: OCT 2 6 Ig' 9 the title tn laid 2and, and vLIL ddtend the lame .t.l-~inlt Chi LavfuL c~&Lms nf al. pe£1onl VholiOd, Ver, Xl WZTllLIS I/BBRZO~, The said part/es of the .'&ret part have hereunto Jet their hands and 14,11['1 the da~/ .In~ 'f.e.lr ~irSt 4bOvi STAT~ Or Ft. OAXD~ ) COUNTY OF DAD~' Z hlt~b~ CsrtLfy that on this day, ci~r.. ~-. an ot~Lcqr ~ --~ NOT~Y PCi::~, St~:* ~ P~CNAAD J. #OR#CCH, ESQ. OCT 2 6 l J9 WHIPPOORWILL LAKES PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GULF SUN CORPORATION MARK BATES, PRESIDENT 533 TURTLE HATCH LANE NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and BEAU KEENE, P.E. KEENE ENGINEERING 538 NINTH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXRIBIT "A" Mamh 19, 1999 July 14, 1999 " oc'r 26 1999 TABLE OF CONTENT8 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS pAGE i ii 1 3 5 8 14 15 AGE. N~A OCT 2 6 LIST OF EXHIBITS EXHIBIT "A' EXHIBIT "B' EXHIBIT 'C' EXHIBIT *D' EXHIBIT "E' EXHIBIT 'F' EXHIBIT "G" PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION i STATEMENT OF COMPLIANCE The development of approximately 76.85!~ acres of proper~ in Collier County, as a Planned Unit Development to be known as Whippoorwill Lakes PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Whippoorwill Lakes PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or prop .osed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use ElemenL 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 ElemenL 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 ElemenL The project is located partially (11.42 acres) within the Mixed Use InterState Activity Center and the remaining land (65.43 acres) is within the Residential Density Band of the Urban Residential Mixed Use District around the Pine Ridge Road - Interstate 75 Aclivity Center, on the Future Land Use Map. The projected density of 6.74 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following Land VV'~hin Resick~IMI Density I~nd, Base Density 4 dwelling units/acm Activity Center Deneity Band +3 dwelling unitt/~ Maxi/mm1 Permilted Defmity 7 dwelling units/acm ~5.43 acres x 7 dv~lling unils/acm = maxkma~ of 458 un~ OCT 2 6 1999 Land Within the Mixed Use Activity Center Activity Center 16 dwellin.q units/acre Maximum Permitted Density 16 dwelling units/acre 11.42 acres x 16 dwelling units/acre -- maximum of 182 units Entire Proiect Area Maximum number of units on entire project = 458 + 182 = 640 units. Maximum permitted density = 640 units176.85 acres = 8.33 dwelling units/acre. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1999 SECTION I 1.1 1.2 1.3 1.4 1.5 PROPERTY OWNERSHIP AND DESCRIPTION PURPO$,E 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 Whippoorwill Lakes PUD. LEGAL DESCRIPTION The subject property being 76.85d: acres, and located in Section 18, Township 49 South, Range 26 East, and as described on Exhibit 'G': P .~OPERTY QWNI~R~HIP All of Ihe property is under sales co~tract held by: Mark Bates, Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida GENERAL DESCRIPTION O..F PROPERTY AREA The subject property is located 114 mile south of Pine Ridge Road, and encompasses the area north of Night Hawk Ddve, between Whippoorwill Lane and the western boundary of the Interstate 75 dght-of way (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning, with part of the land having a Special Treatment Overlay, and is proposed to be rezoned to PUD. PHYSICAL DES(~RI .1:~', ION The project site is located within the k75 Gate Canal Drainage Basin according lo lite Collier County Drainage Adlas. The proposed outhll for the project is the exJslk~ borrow pit Ioca~ of~ the eastern portion of the subject property. This exieWtg water body discharges into the !:)-2 Canal, located along the eastem deNgn storm wifl be Iknited to 0.15 cubic feet per second/acre per Collier County Oldirmnce No. gO-10. 1.6' 1.7 Natural ground elevation averages 10.7 NGVD. The entire site is located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1999, the types of soil found within the limits of the property are predominantly It3 - Malabar Fine Sand. Number 16 Oldsmar Fine Sand is found along the northern property line and a small pocket of ~25 - Boca, Riviera, Limestone Substratum and Copeland Fine Sands, Depressional can be found within the northeast portion of the site. All soil types encountered on the site are listed as hydric with the exception of #16 - Oldsmar Fine Sand located along the northem portion of the site. The site vegetation consists primarily of FLUCCS f~624 - pine cypress cabbage palm areas, primarily drained with about 1/3 of this area likely to be considered wetland jurisdictional, and FLUCCS ~411 - pine flatwoods, primarily disturbed, The project as proposed will incorporate restored upland and wetland preserve areas maintained in a contiguous arrangement. PRt~JECT DE~;~RIPTION The Whippoorwill Lakes PUD is a project comprised of a maximum of 518 residential units. The residential units are projected to be developed as garden apartments. Recreational facilities will be provided in conjunction with the dwelling units. Residential lend uses, recreational uses, and signage are designed to be harmonious with one anolher in a natural set'dng by using common architecture, quality Icmening/t)uffedng, and native vegetation, SHORT TITLE SECTION II 2.1 2.2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as Well as other project relationships. GENERAL Regulations for development of the Whippoorwill Lakes PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 conditiot~ intposed and graphic material presented depicting restrictions for the development of the Whippoorwill Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Ail applicable regulations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. Eo Development permitted by the approval of this petition will be subject to a concurm~ review under the pmvisio~ of Division 3.15 adeq~ Public Facilities of the Collier County Land Developmem Code at the emtlest or next to occur of either Final Site Deveto~ate~ Ptan approval, Final Plat AGEI',~A IT~ OCT 2 6 ~9~9 2.3 2.4 2.6 DES(~RIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 518 dwelling units shall be constnJcted in the residential areas of the project. The gross project area is 76.85~-_ acres. The gross project density shall be a maximum of 6.74 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. PRQVlSIQN FOR OFF-SITE REMQVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop wated' bodies is hereby perrdfled. If alter consideration of fill activities on those buildabte portions of the project site are such that there is a surplus of earthen malerlal, then its off-site disposal AGE. NC, A t OCl 261~99 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 volume excavated but not to exceed 20,0(X) cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 PURPOSE SECTION#I RESIDENTIAL AREASPLAN The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A', PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 518 units. If the petitioner has not acquired title to the Dog Ranch Road right-of-way, north of Nighthawk Drive and internal to the project, pdor to Site Development Plan approval the project shall be reduced to a maximum of 506 dwelling units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. 2. 3. o Single-family dwellings (includes zero-lot line). , Two-family dwellings (includes duplexes). Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Any ol~er use deemed cornl~m~ in nature by the Development Permitted Accessory Uses and Stnx~r~: Customary accessory uses and structures associated wilh the ~ OC'r 2~ 1~99 3.4 Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. 5. Essential services, including interim and permanent utility and maintenance facilities. o Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Whippoorwill Lakes PUD. Fro~t yard setbacks in Table I shall be measured as f~dlows: If the parcel is served by a public or pdvate right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted pdvate drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private ddve, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space; however, garages shall use a parking apron of at least fiffen (15) feet separating the garage from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. 1999 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ~TANDARD$ Minimum Lot Area (Der unit) Minimum Lot Width Front Yard Setback ~ide Ya.rd Setback I Story 2 Story 3 Story Rear Yard Setback Principal Structure PUD Boundary Setback (3) Principal Structure Accessory Struct_ ure Lake Setback (5) Distance Between Structures ~INGLE-FAMILY 6,000 Sq. Ft. 60' Interior Lots (1) 70' Comer Lots 25' 0' & 10' or both 5' 0' & 15' or both 7.5' NA TWO-FAMILY 7,200 Sq. Ft. 80' Intedor Lots (1) (40')(2) 100' Comer Lots (50')(2) 25' 0' & 15' or both 7.5' 0' & 20' or both 10' NA MULTI-FAMILY 1 Acre 150' 20' Greater of 7.5' or 1/2 BH Greater of 10' or 1/2 BH Greater of 12.5' or 1/2 BH 20' 20' 25' 10' 10' 10' 20' 20' 20'(4) 10' 10' 10' 20' 20' 20' 25' 25' 25' MairgPdncipal 1-Story 15' 20' 2-Story 20' 20' 3-Story NA NA Accessory Structures 10' 10' Maximum He~ht: Principal Building 35' and 2 stories 35' and 2 stories Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. Greater of 15' or 1/2 SBH Greater of 20' or 1/2 SBH 'Greater of 25' or 1/2 SBH 10' 40' and 3 stories , 20'/Clubhouse 35' 1 bedroom = 650 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. (1) May be reduced on cul-de-sac lots upon approval by the Director of Planning. (2) Minimum lot frontage in parenthesis apprms in cases where a dwelling unit in a 2-family structure is orr an individually platted lot. (3) PUD Boundary setback shall be a minimum of seventy-five feet adjacent to the cellular to~-er, that is located at the southeast corner of the Seagate Baptist Church. (4) Three-story buildings shall be set back a minimum of seventy-five feet from Whippoorwill (5) Lake aelbacks are measured from the corttrot elevation established for the lake. SBH refers to 'Sum of Bu d g Heights'. 1o OCT B. Off-Street Parking and Loading Reauiremente: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Space/Natural Hab'.~t Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code; shall be provided on-site. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land De t Code. Landscaoino and Buffedno Requirements: A berm, wall, fence, or combination thereof, may be provided by the developer adjacent to the eastern PUD boundary along Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, walls or fences may comprise up to eight (8) feet in height of any berm/wall or berm/fence combination. A twenty-five (25) fo(X buffer shall be provided where a multi-family project is adjacent to any single-family or two-family project within the PUD. e AJI other landscaping shall be in accordance with Division 2.4 of the Land Code. 11 theme shall include: a similar archit,%'tural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected off all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Ail buildings shall be pdmadly finished in light subdued colors with stucco except for decorative trim. W'~in any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single- family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or'D'. F. Sians Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrances to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 76.85~-_-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or 'F' and architecturally compatible with the unified architectural theme of the entire PUD (as described in ~ 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall no~ excccd the height or length of the wall upon which it k ground sign shall be permitted along lhe eastern PUD boundary adjacent to Interstate 75. ,Such ~ign shall contain only the name of the entire 76.~ PUD project and shall be cocnp~ble ~ in Section 3.4E. of ~ PUD Document). ~ of. Ilndscaping, such gro4Jnd sign ~all no(exceed an ama of ~- Im~' (24) square feet. Density The densities on Parcels A, C, and D shall be 6 dwelling units per acre unless the owner(s) of such parcel(s) provide(s) written notice to Collier County Development Services that it will accept a lower density on such parcel(s). 13 4.1 4.2 SECTION N PRESERVE AREAS PLAN PURPOSE The purpose of this SectJon is to identify specific development standards for the Preserve Areas as shown on Exhibit 'A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development" Services Director. 14 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PtJRPOSE The purpose of this Sectk)n is to set forth the commitments for the development All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Dev~nt Plan approval or building permit aPl~icaUon as the and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Ptan illu~mtes ~ proposed developmefff and is ~tuai in nature. ~ area, lot or land use Ixxwkdarles or ~pectal land use boundaries shall no~ be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site 13~nt Ptan approval. Subject to the provisions of Seclfon 2.7.3.5 of the Collier County Land Deva~nt Code, amendments may be OC'[ 2 6 1999 5.4 ,~d:~HEDU[,E OF Di~/ELOPMENT/MQNITQRING REPORT 5.5 5.6 5.7 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be complet~ in one (1) or two (2) phases. The landowners shall proceed and be governed according to the Ume limils pursuant to Section 2.7.3.4 of the Land Development Code. Monitorina Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land' Development Code. ENGINEI~RING This project shall be required to meet all County Ordinances in effect at the lime final cons~ doeumeets am submitted ~ development approval. Design and construction of all improvements shall compliance with appropriate provisions of the Collier Development Code, Division 3.2. Subdivisions. be subject to County Land WATER MANAGEMENT Ao A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted pdor to Final -Site Deveto~t Plan Approval. An Excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Co Lake setbacks from the perimeter of the PUD may be reduced to twenty- live (25) feet where a six (6) foot high fence or suitable substantial barrier tfrlLITIES Water distribution, sewage colieclJon and ~ and interim water and/or a~age treatment facilities to ~rve lhe I~ are to be designed, ~[.:[ 2 ~ 1999 Pg-_[..~ .. 5.8 5.9 5.10 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. No on-site central sewage collection, treatment and disposal systems shall be permitted. TRAFFI(~ The applicant shall be responsible for the installation of artedal level street lighting at all project entrances. Installation shall be in place pdor to the issuance of any certificates of occupancy. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 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. Whippoorwill Lane shall be extended by the developer, unless previously extended by other area developers, and such extension shall be to, minimum Collier County construction standards. The portion of Whippoorwill Lane on the subject site shall be dedicated to Collier County, upon completion of construction. PLANNIN(~ Pursuant to Section 2.2.25.8.1 of the Land Development Code, if dudng 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. A lake access, with associated recreational facilities, shall be constructed by the *developer and made available to all residents of the subject ENVIRONMENTAL 17 Environmental permitting shall be in accordance with the State of Florida Envir.onmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Flodda Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetatio~ within conservation/preservation areas. Eo 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 impac~ to protected wildlife species. Where protected species are observed on- site, a Habitat Management Plan for those protected species shall be submitted to Currant Planning Environmental Staff for review and approval prior to final site p4an/co~struction plan approval. 1111111111 IIIIIIIIIIIIIIU IIIIIIIlllllll IIIIIII11111111111111%i111111111' .111111 II111111111111 111111111111111 ~1~{ I J~ t ...... ~ ~ d jaja. ~ ~ .......... / ~1 aj Ii~1 ~'/~//.','.',~'/.'~ i' J~ J ~ J I'1 '" j ,-,, ...~...T ~: ' ',~ .~ ~'.'.1 -~ , I~1 ',l~i~ ~ t{~ I I, · -- J ~ .m ~ ........... ~---~ jl Illlllttt ! Iltltlltlllllltt%tittlllttllll! llltililtttlli%ltl iltllllllllllllllllllllllillllll ltlllllllltltllllllll llllllllllllltl llllllllllllllll ,11111111111 llllllllll illlllc~.lllllllllll 11%11111 IIII llllllllllllllll llllllllllllll-~.lllllll IIIIII lllllllllllll llllllllllllllllllllllllll II%IIIIIIIIIlIIITIIIIIIIIIIIIIIIIIIITIIIIIIIIIIIIIIII llllllllllllllllTlllllllllllllllllllllllllllllll ,lllllllll111lllllllllllllllllll' ~A 2 6 EXHmlT "C" DEPICTION OF ARcHrrEc'ruRALLY DESIGN~.r~ POLE LICrHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGttTING ~IT '~E" DEPICTION OF PROJECI' ENTITY SION OC! 2 5 IC~9 EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION OF WHIPP~R~ LAKES PUD Parcels "A" and "B". the Smide land. desoa~ os: A. The S 1/2 of the NE 1/4 of the NE 1/4 of SOc. 18, Twix 49S, Rng. 26E, Collier County, Florida; subject to existing r~trictiom and reservations of record; and subject to an easement for public road right-of-way over and across the Ea~ 30 feet thereo~,, ami B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier Coumy, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road right, of-way over and across the We~t 30 feet thereof and the South 30 feet thereof. C. A parcel of hmi in Sec. 18, Twp. 49S, Rag. 26E, more imrficuhrly ~ as follows: COMMENCE at the SE corner of Sec. 18, Twp. 49S, Rng. 26E; thence North 00039'46" West 2639.68 feet to a point; thence North 00°40'16" Wes~ 1319.90 feet to the POINT OF BEGINNING; thence South 89036'42" West 461.39 ~ to a poinI; theo~ North 14°36~8" West 680.88 feet to a point; thence North 89o37'08" East 625.38 feet-to a point; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING. Parcel "C", the Cook land. deacri~ az:. TheN I/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier Coumy, Florida; LESS the W 70' then~fami LESS the 1-75 right-of-way. P~re~l 'D", the Raybum ~ dea~n'bad ~; The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, TWP. 49S, Rag. 26E, Collier County, Florida; LESS the W 70' tim, eof and LESS the 1-75 fight-of-way. EXECUTIVE SUMMARY PETITION PUD-98-20, WILLIAM L. HOOVER, AICP, REPRESENTING GULF SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, ON PROPERTY LOCATED APPROXIMATELY ¼ MILE SOUTH OF PINE RIDGE ROAD (C.1L 896) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85 _+ ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to "PUD" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 518 multifamily and/or single family dwelling units on 76.85 acres. CONSIDERATIONS: The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) via Whippoorwill Lane a local road. An 11.42 acre parcel (Parcel "B") extends into the Activity Center and is between 1-75 and the Seagate Baptist Church property, and borders the south side of the Best Western Hotel. The remaining 65.43 acres of the proposed PUD extend southward and are bordered on the west and south sides by low-density single-family development and some vacant properties which are zoned "RMF-6", "RSF-5", and "A" Rural Agricultural, respectively. The existing residential properties located to the west across Whippoorwill Lane and directly to the south have developed at densities of four to five dwelling units per acre. A PUD, Whippoorwill Woods, located less than ¼ mile to the south was approved for 5.51 dwelling units per acre in 1998. No other development has been approved or has taken place in this area. Maximum eligible residential densities in the Activity Center and the Activity Center Density Band are determined through the Density Rating System provided in the Growth Management Plan (GMP). The 11.4-acre Parcel "B" qualifies for up to 16 units per acre because it is located-in the Activity Center. The remaining 65.43 acres (Parcels A,C, & D) of the PUD qualify for up to 7.0 dwelling units per acre because they lie within the Activity Center Density Band. The applicant proposes a maximum of 518 dwelling units for an overall density of 6.74 dwell'rog units per acre. The Parcels "A", "C", and "D" will be limited to a maximum of AGENDA ITEM OCT 2 6 1999 EXECUTIVE SUMMARY AN ORDINANCE REPEALING ORDINANCE 97-9 AND REPLACING SAME WITH A NEW ORDINANCE RELATING TO STREET NUMBERING, THE NAMES OF STREETS AND PROJECT, RENAMING PUBLIC AND PRIVATE STREETS AND PROVIDING PROCEDURES PERTINENT THERETO. OBJECTIVE: The objective to repealing and replacing the current ordinance is to establish more defimtive guidelines for naming streets and projects seeking a development order, to revise procedures for renaming public and private streets, and to make certain other revisions that would provide for property and project identification that would enhance public safety. CONSIDERATIONS: The current ordinance does not sUfficiently prohibit wetland project name duplication. The amended version of the ordinance would limit the application of same prefix/suffix to projects and streets in the same Master Planned Community and further limited to three (3) applications. Countywide street names beginning with the same word would be limited to (5) applications with the exception of the word '~Naples." Procedures for renaming streets go far beyond what is currently in the ordinance based on the premise that street names changes should come about only after a super majority of resident wishes, or because of some overpowenng public safety relationship, as in the case of duplications, and further that affected agencies should have the ability to effect the outcome of the decision. The amended version of the current ordinance was the result of deliberation by a committee representing all agencies that are affected by inadequate property identification, and similarities in project and street names. The revision reflects a consensus by these participants who include representatives of fire prevention districts, emergency agencies such as EMS and 911, U.S. Postal Service, county fire inspectors, and planning service staff. Emergency managers represented a great deal of concern over the current environment which allows name similarities. The revised Ordinance was reviewed by the Development' Services Advisory Committee, inasmuch as members of the development community are most affected by these revisions. The DSAC recommends approval of the revised Ordinance. "AGENp6~IT,E_.M,, ~ ' No. ~/ OCT 2 6 1999 FISCAL IMPACT: Emergency service providers will benefit from a regulatory system that mimmizes the likelihood that service will be not provided in a timely manner because streets and project names are too similar; and therefore leads to confusion resolution in a route decision delay. Implicitly, this change will have a positive fiscal impact on providers of emergency services. GROWTH MANAGEMENT IMPACT: None STAFF RECOMMENDATION: Staff recommends repealing Ordinance 97-9 and replacing same with new Ordinance, a copy of which is included with this executive summary submission CURRENT PLANNING MANAGER REVIEWED BY: R/OBI~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~V~, ~Y: ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE EX SUMMARY/ts AGENDA ITEM OCT 2 6 1999 ORDINANCE NO. 99- AN ORDINANCE RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND T~E ESTABLISHING OF A GRID PATT~R/~ FOR STREET NUMBERING; PROVIDING FOR STATUTORY AU~"~ORI- ZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS ~ER; PROVIDING FOR EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFI- CATIONS FOR POSTING OFFICIltL ADDRESS ~ER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PRO- VIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR PROCEDURE FOR ESTAB- LISHING A UNIFORM GRID NI/MBERING PATTERN FOR ASSIGN~]~4T OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR PROCE- DURE FOR CHANGING NON-CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING PRO- CEDLrRES FOR STREET NAMING; PROVIDING PROCEDURES FOR STREET RENAMING; PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A W~RN- ING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCE- MENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NOS. ~-7--9; PROVIDING FOR CONFLICT AND SEVER3%BILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Collier County, Florida have experienced delays in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9-1-1 System and incorrect addresses delays response time for emergency vehicles; and WHEREAS, the lack of properly numbered structures has often resulted in the mis-routing of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures has resulted in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the COUITi~f; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County ConFaissioners to name and rename streets and roads; and W]4ER~AS, Sections 3.2.7.1.2 and 3.2.8.3.19 of the Collier County Land Development Code require that no street, subdivision or identifying title shall duplicate or closely approx~_.'mate the ~ AGENDA ITEA4 OCT 2 6 1999 name of any other street or subdivision in the incorporated or unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. NOW THEREFORE, BE IT ORDAINED by the Board of County Cowunis- sioners of Collier County, Florida: SZCTION 0NE~ STA'~'~RX AUTHORIZATION The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local govern- mental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TNO~ FINDINGS OF FACT The Board of County Co~niseioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering develop- ments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the pur- pose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the County. S~CTION FOUR: D~FINITIONB Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the mean- ing they have in com~Dn usage and to give this Ordinance its most reasonable application. Accessory_ Structure: An accessory structure is a structure of a nature customarily incidental and subordinate to the princi- pal structure and, unless otherwise provided, on the ~e ~AITEA4 / OCT 2 S ,,,, ¢ ises. On ~he same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. Administrative Official: The Planning Services Director ........ ~ ........ or his Designee of Development Services is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. Auxiliary Qfficial Address Number: An official address num- ber used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recrea- tional vehicle park, an apartment within an apartment building, or any other structure which has been determined by Zhe Adminis- trative Official to require an auxiliary official address. ~: The act, process or result of placing build- ings/and or structures on a lot or parcel of land. Emergency Service shall mean, but not be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Grid: Establishing a pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the m~nimum requirements of zhe zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or por- tions of lots of record; or D. A parcel of land described by metes and bounds. Master Planned Con~nunity: A master planned coNm~unity is a plan of development for an area of land in which all of its a__eographic Darts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include co~non recreation amenities. space and a ma,ret property owners association. OCT 2 6 1999 Q&f~/pa~: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupy- ing or leasing the principal or accessory structure for a period exceeding thirty (30) days. Official Address Number: The official identification number assigned to a principal or accessory structure by the Administra- tive Official for the purpose of providing its expeditious loca- tion. Owner: Any and all persons, partnerships, trusts, organiza- tions or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. Principal Structure: The structure which serves as the principal use permitted in the zoning district within which it is located. Private Street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting proper- ties, used exclusively for the residents therein. ~.1/~: Right-of-way, either paved or unpaved, which is intended for vehicular traffic without restriction. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER The Owner or Occupant of a Lot upon which a structure is located shall post an Official Address Number on the Principal or Accessory Structure located on said Lot, in accordance with the requirements of this Ordinance or within ninety (90) days of the notification of the address change as provided in Section Eleven. In addition to posting the Official Address Number on the Principal or Accessory Structure, it shall be required that the Owner or Occupant of a waterfront lot shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER A. Vacant unimproved Lots upon which no structures are located. B. The Administrative Official may grant an exception to the requirements of' Section Five and Seven, after application for an exception by the Owner and a deter- mination by the Administrative Official that one of the following may apply: AC~nNOAIIF3~ OCT 2 6 1999 1. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the struc- ture. 2. In the case of multi-residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, ~he Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: NUMBER (S) A. SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS Official Address Number(s) on one- and tWo-family structures shall be Arabic in design and have a minimum height of four i41 inches. Ail other new structures shall have numbers of ~e Arabic ~ design and ~ a minimum height of six (6} ~ ''' inches. buildings, other than one- and two-family structures. shall have address numbers that comply with the six (6) inch minimum height and all other specifications of this section within one calendar year of the effective date of thins ordinance. Such Numbers shall be mounted in a secure fashion to the structure's front wall or o~her fixed appurtenance in the front of the structure within five {5) feet of the main entry way or ~ain path of travel which leads to the main entrance from a Public or Private 'Street or shall be otherwise separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the Lot. Numbers shall be mounted at a height bet~ (4) feet and ten (10) feet above the ad-acen~~ OCT 2 6 1999 $ grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting back- ground, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty/forty (20/40) vision if he views the numbers from the center line of the abutting street. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. Wherever practicable and in accordance with these specifications, the Official Address Number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. In the case of an apartment building which contains a series of individual apartment units within a principal apartment building, the following shall apply: 1. The principal apartment building shall be con- sidered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the main apartment building, when the building does not have an uni_c~uely assi_~ned address number, such number shall include a by-line indicating the Official Address Number ~ of the apartment unit(s) within the apartment building. These numbers shall be of the same size as the principal address number and shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT A In the case of a mobile home park or recreational vehi-' cle park, the park and the Lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the Principal shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Nu~%ber of the mobile home or recreational vehicle park, each lot located within the park shall be given an Auxil- iary Official Address Number which shall be indi- cated as demonstrated in the following graphic drawing: SEE EY~IBIT B In instances where a ~in entryway of a structure(s) is not clearly visible from a Public or Private Street, the Owner shall be required, in addition to the requirements of Section Five and Section Seven, to post the Official Address Number and/or Official Address ~ in a conspicuous place within ten (10) feet of the point of intersection of the driveway serving the structure(s) and the right-of-way of the Public Street or the easement line of a private street as the case may apply. SEE EXHIBIT C FOR SPECIFIC REQUIREMENTS Wherever required by law that the Official Address Num- ber be placed on a mailbox in order to receive U.S. Mail, the Owner shall be required to post the Official Address Number on both sides of the mailbox in addition to placing the Official Address Number on the Principal or Accessory Structure as required in this Ordinance. In the case of a waterfront lot, the O~ner shall be required to post the Official Address Number' on the seawall, the end of the pier or dock, or on the Ow~qer's boathouse according to the following specifications: 1. Official Address Number(s) shall be Arabic in design and have a minimum height of six (6) inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be ~u~nted at a height between four (4) feet and ten (10) feet above the abutting waterway as measure~ National Geodetic Vertical Datum. The, AC~_NDA ITEM OCT 2 6 1999 sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of inte- gers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty/forty (20/40) vision if he views the numbers from within 100 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. In the case of a commercial structure, or multifamilv structure with three (3) or more dwelling units, havin~ a rear access roadway or alle_vway, rear entry_ doors into the units/suites ~hall be marked as follows: 1. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four <~) inches· Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entry way or main path of travel which leads to the rear entrance from the Fear access roadway or alleyway Or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall· Numbers ~hal~ be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath· but never higher than fifteen {15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement. spacing, size and uniformity of integers so that the numbers may b~ read with ease during daylight hours by a person possessing at least twenty/forty (20/40) vision if he views the numbe~ center ~im~ Q~ the abutting, roadway o OCT 2 6 1999 8 The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of siqht of the numbers from the center of the street. Wherever practicable and in accordance with these specifications, the unit o~ suite number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. SECTION EIG74T: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER Any Owner requiring a new Official Address Number shall apply to the Administrative Official who shall furnish him or her with same. To be assigned the proper street number and name, the Owner must provide a legal description of the subject property to the Administrative Official. SECTION NINE: COMPLIANCE P~ELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS All new construction or building repairs requiring a County building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the Inspections Section of Collier County's Building Review and Permitting Department. A Certifi- cate of Occupancy shall not be issued until it has been verified by the Addressing Section of Collier County's Building Review and Permitting Department that the building has been properly num- bered in accordance with this Ordinance. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSI(~ENT OF ADDRESSES OR CHANGE OF ADDRESS A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City of Naples Grid A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall be Central Avenue and the Gulf of Mexico in the City of Naples with lines rurining east/west and north/south of point of origin. The interval of lines shall continue: North - to the Collier County line, South - to the Gh/lf of Mexico excluding 1999 Bo Do East - to 1-75 and C.R./S.R. 951. 2. Area of Golden Gate Grid A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines shall continue: North - to the Collier County line and S.R. 858, South - to the Gulf of Mexico East ~ to the Collier County line, and West ~ to 1-75 and C.R./S.R. 951. 3. Area of Marco Island Grid A pattern of intersecting lines running north/south and east/west with the point of origin beginning at S.R. 92 and the Gulf of Mexico. This Grid shall encompass all of Marco Island. 4. Area of I~m~okalee Grid A pattern of intersecting lines running north/south and east/west with the point of origin starting at Main Avenue (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North - to the Collier County line, South - to S.R. 858 and S.R. 846, West - to the Collier County line, east line of Range 27 and Oil Well Grade Road, and East - to the Collier County line. Odd numbers will be assigned to the buildings on the north and west sides of the Public or Private Streets, even numbers will be assigned to the buildings on the south and east side of the P%lblic or Private Street. The assignment of numbers on corner lots shall be determined-from the Public or Private Street on which access to the building is obtained unless unique and unusual circu~tances exist as determ/ned by the Admin- istrative Official. In cases in which the Public or Private Street runs both north/south and east/west, the grid direction shall be determined by the predom/nant prol)or~ional length of the Public or Private Street. Main arterials which pass through more shall not have mor~ ~h-n o~e a~klressing 10 .hah one arid-- OCT 2 6 1999 F. Where more uhan two units exist within a building, the entire building shall have a principal number with an Auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. SRCTION ELEVEN~ PROCEDURE FOR CHANGING NON-CONFORMINGADDI~ESSES Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "Change of Address Notice" to the Owner of the building. A building number shall be considered non-conforming if it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an odd or even number is on the wrong side of the Street. A "Change of Address Notice" shall contain the following: A. The correct address number, previous number and requirement that the property Owner or OccUPant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. B. The name of the property Owner and legal description. C. The date of the Notice. A copy of the "Change of Address Notice" shall be kept on file in the Records/Addressing Section of the Collier County Building Review and Permitting Department and all the appropriate agencies shall be notified of the change. Within ninety (90) days from the date of the "Notice of Change of Address", the Owner or Occupant of the property shall conform the address number to the requirements of this Ordinance. SRCTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO ~ A STREET Pursuant to Section 336.05, Florida Statues, the Board of County Cormnissioners is authorized to rename streets and roadways in the unincorporated areas of the County after a duly public hearing and only upon a super ~ajority vote 11 adv~lTF. A4 OCT 2 6 1999 .¸1 four affirmative votes. However, State roads lying in the unin- corporated areas of Collier County are numbered by the Florida Department of Transportation (DOT). SECTION THIRTZEN: MONITORING OF THE NAR/NG OP STREETS, DE%~ELOP- M~NTS, BUILDINGS OR SUBDIVISIONS NO street, development, building, or subdivision shall bear the same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorpo- rated area of Collier County, except in the following special A. The major street within a master planned com~aunity. subdivision or development may utilize the same name as the development. B, Registered franchis9 names. C. Identical building names and businesses owned by the same owner/entity and offering the identical service in different county locations. D. "Similar sounding" shall be determined using the following parameters: i. Roadways with the same name and having only different prefixes/suffixes shall be allowed only in the same "master planned community" and such roads must be adjoining as well as continuous without breaks by canals or Q~ber geographic interruptions. Within these communities there shall be no more than (3) uses of the same nam~ with different suffixes ~.q. Marsh Drive, Mar~h Way. Marsh Lane 2. Only (5) variations shall be permitted count?wide for names beginning with the same word. ~.g. Streets: Coconut Palm Drive. Coconut Cove Drive, Coconut Wind Drive. Coconut Sway Drive. CocQnut Frond Drive: Projects: Marsh Estates. Marsh Village. Marsh Pond Cor~nuni~y, Marsh Walk. Marsh Strand. The use of ~h9 word 'Naples" shall be th~ only exception to this condition, 3. Extreme caution must be =aken to prohibit any possible sim/larity of building or project names along the sam~ roadway. (Example; The Cr Crossroad~ on John Doe Boulevard~ 12 / OCT 2 6 1999 The Administrative Official shall monitor the naming of all streets, developments, buildings or subdivisions in order to eliminate duplications and avoid confusion. SECTION FOURTEEN: PROCEDURES FOR ~m~u~_STREET NAMING At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or develop- ment plan. Developers should not proceed with printing and advertising activity that utilizes pro~ect and street names prior to final approval of such names by the Addressing Section of the Collier County Planning Sez-v~ces Department. The Addressing Section of the Collier County Planning Services Department ~"~ ~-"~ ...... ~ ~---~-~ ~---~-~-' shall review the name to avoid duplication and similarity of street names ~ in Section Thirteen above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. SECTION FIFTEEN: PROCEDURES FOR STREET RENAMIN~ Streets may be renamed in three ways: by petition representing a majori=y of 5he affected property owners: where duplicate names exist, by application of the Administrative Official to the Board of County Commissioners: or. on the initiative of the Board of County Commissioners. Requests to rename a street, either publi~ or private, are made through submittal of an application tQ the Planning Services De_Dartment. A. Renaming Street by Petition 1. On submittal of an application for a street name change, the applicant must provide the following: a. Verification from the Addressing Section of the Planning Sea-vices Department that the proposed name does not duplicate or closely resemble an existing street name: the existinc and proposed street names: a legal description identifying the location of the subject b. A current (obtained within 60 cl~ of ~,~4tt&l clare) list of &ll ~ro_D~rt-~ abutting the subject street, obta [ned County I~ro~rty _A~raiser's Offic~ : OCT 2 6 1999 13 ..._ c. A petition indicating aqreemenZ to the proposed change si?ned by two-thirds of the owners of property abutting the subject street and identifying those property owners actually living on the street: d. A legal description indicating location of the subject street: the reason for re_cuesting the e. A site plan showing the length of the street in tenths of miles, the location and number of ~r~t signs, and the zoning of all properties abutting the subject street: f. Applicable administrative fees in accordance with Fee Resolution 96-594 or its successor 2. The applicant must also solicit a Letter of No Objection from the following entities: Collier County Sheriff's Office. Chief of applicable Fire District. Collier County Transportation Department. Collier County Emergency Services Department. and Supervisor of Elections. Ail street name changes submitted must apply to the entire street so named. and not to any portion of the street, regardless of whether the stree~ is bisected by a ma4or roadway. or natural or mm..__~e barrier. 3. The application will be evaluated b~v Planning Department staff, and approval or denial recommended to the Board. in accordance with the following criteria: a. Have Letters of No Objection been obtained from the relevant County entities? b. Does the proposed change reflect an issue Qf public health, safety, or general welfare? c. Does the proposed change correct a platting or recording error? d. What is the classification (arterial. of the subject collector, local or private) 1% No./J< c J / OCT 2 6 1999 P,../o/ e. Mow many of the property owners si_~ning the petition supporting the proposed ~hange actually reside on the subject street? ..c~-ucoto ....... ~'~"~' ' ~-~ public, ..... ~- ""' ...... , ............................... ; any cnc of ~rcc~ ~' pctiticn ~.~ fifty ~rccnt p!uu ~,.~ B. Renaming of Streets Where Duplicate Names ~ist The Administrative Official or his designee c~ s~mit an application to the Board of County Co~issioners for a street name change where the public health, safety and general welfare would be affected by the existence of a duplicate street name. C. Street Renaming by Board of County Co~issioners The Board of Cowry Co~issioners may re,est a change of street name. 15 OCT 2 6 1999 Upon reasonable review of the petition, application or request of street rename by the Administrative Official, the Planning Services staff will schedule a public hearing before the Board of County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. Notification of a public hearing before the Board of County Commissioners shall.be given uo abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. SECTION SIXTEEN: ~ ~ STREET SIGNS ON REleArnED ~ PRIVATE STREETS It shall b~ ~h~ responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Department following payment of a fee to be determined by the Director of the Transportation Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street ~i_cm(s) displaying the new name in accordanc$ with the United States Department of Transportation and Federal Highway Administration (U.S.D.O.T.F.H.W.A.) "Manual on Uniform Traffic Control Devices." .................................. nj,crT,...ra,,ic ~cn=r=. -evict= . SECTION S~";]~TEEN~ APPEAL PROCBDURE A. The Collier County Code Enforcement Board shall hear and decide appeals from the requirements of this Ordi- nance when there is a disagreement of an tion, requirement, or determination made b 16 6 1999 istrative Official in the enforcement or administration of this Ordinance. Such appeal shall be filed with the Code Enforcement Board within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee in accordance with Fee Reso- lution No. 86--64~ 96-594 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Code Compliance Enforcement Board may appeal such decision to the Circuit Court, as provided by law. SECTION lIG~TEEN~ ABRO~ATIONAND GI~EATIR I~STRICTIONB A. This Ord/nance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. In the interpretation and application of this Ordi- nance, all provisions shall be: (I) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SICTION ~: WARNIIq~ AND DIBCLAi'M~H OF LIABILITY The degree of protection required by this Ordinance.is con- sidered reasonable for regulator~ purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that reeult from reliance on this Ordinance or any administrative decision law- fully made thereunder. S~CTION TWENTY= ENFORC~I~T AND PEI~tLTIES A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate viola Ordimance. 17 OCT 2 6 I 99 ... /? SECTION TWENTY-ONE= P.~PEAL Collier County Ordinance Noe. "~....~, v.~' A,.. -..---~ .~ ....... vv -.~ 97- 9 is hereby repealed in their its entirety. SECTION TW~lqTY-TWO: CONFLICT AND SEVERA~ILITY In the event this Ordinance conflicts with any other ordi- nance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordi- nance is held invalid or unconstitutional by any court of com- petent jurisdiction, such portion shall be deemed a seDarate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-T~tREE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY-FOUR: EFFECTIVE DATE This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: PAMELA S. MAC'KIE, 'Chairman Heidi F. Ashton Assistant County Attorney 18 OCT 2 6 1999 EXHIBIT A APARTMENT ADDRESS SIGN 2222 101 - 121 OCT 2 6 1999 EXHIBIT B MOBILE HOME ADDRESS SIGN 2222 LOT 33 AG£~OA iTF~M ~,/-~> l- OCT 2 6 1999 EXHIBIT C PRIVATE DRIVE ADDRESS RANGE SIGNAGE 1000 - 3000 Building Address Range [I [I GROUND SIGN MAX. HEIGHT 3' ABOVE GRADE ~ ADOR~ ~ AS RE~IJIRED I ~UUU I n,~r~ EXECUTIVE SUMMARY PETITION C-99-8, REVEREND VILLMAR ORSOLIN OF OUR LADY OF GUADALUPE CATHOLIC CHURCH REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON NOVEMBER 24 THROUGH 28, 1999, AT 207 SOUTH 9T" STREET, IMMOKALEE. OBJECTIVE: Reverend Villmar Orsolin of the Our Lady of Guadalupe Catholic Church is requesting that the Board of County Commissioners approve a permit to conduct a carnival from November 24 through 28, 1999, on their church grounds located at 207 South 9th Street, Immokalee. CONSIDERATIONS: Our Lady of Guadalupe Catholic Church has met all the requirements of the carnival permit procedures other than those provided for within their request for waiver of the Surety Bond. FISCAL IMPACT: The $250.00 permit application fee does cover the cost of processing and required inspections. Since the church has contracted employees, the County holds no liability. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the request for a permit to conduct a carnival and waive the surety bond as the church employees will be responsible for clean up to restore the site back to the original condition. RO~NALD F] N¥1~O'~ AICP CURRENT PLANNING MANAGER DATE OCT 2 6 1999 REVIEWED BY: /~.~ ROBERT J. MULHERE, AICP PLANNG SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 2 ^C_,ENbA ~TEM OCT 2 6 1999 NOTE: Please read reverse side Copy: before completing this Copy: Peri Petition. Copy: (2) County Manager OCT - 1999 CARNIVAL OPERATION PETITION PETITION NO. ; G 99 -~ ,.d ;;} DATE: September 28. 1999 PETITIONTR'S N.&ME: Our Lady of Guadalupe Catholic Church PETIT1ONTR'S ADDRESS: '207 South 9~ Street, Immokalee, Florida 34142 TELEPHONE: (941)657-2666 or 657-6303 PROPERTY OVv~TR'S NAME: Vilmar Orsolin, c.s. PROPERTY OV~%rER'S ADDRESS: 207 South 9* Street, Immokalee, Florida 34142 TELEPHONE: (941)657-2666 or 657-6303 LEGAL DESCRIPTION OF SL~BJECT PROPERTY: SE~A. NT!./4 of the SW'A of Section 4, Township 47 South, Ran_oe 29 East. Collier County, Florida. GENPEP~AL LOCATION: 1 block South of State Road 29 on 9m Street in Immokalee, Florida. CURRENT ZONING: l:k\ff-6 CURRENT USE: Place of worship NATLq~E OF PETITION: A request is hereby made for a permit from Collier County to hold our annual carnival from November 24 thru November 28, 1999. THE FOLLOWING 1NTOPCMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE. ) 3.a. Yes 3.e.1). Yes 3.e.4) Yes 3.e.7). Yes 3.b. Yes 3.e.2) Yes 3.e.5) Yes 3.e.8). Yes 3.c. Yes 3.e.3). Yes 3.e.6) Yes 3.e.9) Yes 3.d Yes Comments: .SIGNATURE OF PETITIONER DATE REVIEWED bx Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COLZNTY MANAGER nr'T 9 ~ ~aaq ection 3a, Section Section 3c. Section 3e. F, CARNIVAL OPERATION PETITION September 28, 1999 A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations, Inc. Permit fee of $200.00 (Two Hundred dollars) is herein attached per check. Information as you requested: Tolve Presentation, Inc., of 269 Orient Way Lyndht7 ~st, New Jersey 07071, will provide the carnival rides again this year. Our Lady of Guadalupe Catholic Church, 207 South 9'h Street, Immokalee, Florida 34142, will sponsor said carnival. As the Bishop's representative, Rev. Vilmar Orsolin, c.s., is solely responsible of the Church affairs. FOOD ST.&NDS: Light foremostly Mexican dishes, hamburgers; hot dogs, each being run by a team of five (5) persons. SOFT DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BE'v~RAGES will be sold or allowed on the church grounds. MECHANIC.&L RIDES for children and adults, since the availability of rides contingents upon what other areas Tolve Presentation, Inc. is working at the time. it is almost impossible to know which specific rides will be offered. G,~\,'IES OF SKILL or chance will be the type not prohibited by Florida State law. ACTIVITIES: a. Games of s -kill will be provided by Tolve Presentation, Inc. who will pay a fee percentage of the earnings. b Games run by Our Lady of Guadalupe: 1. Loteria (Mexican Bingo) Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I, Father Vilmar, will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this time, their names or Social Security numbers. Our parishioners are as follows: Kitchen and Food Booths NAME Gerardo Alfaro Natividad Ayala Adan Contreras Anastacio Contreras Gloria Contreras Norma Contreras Sylvia Contreras Natividad Gamez EMPLOYEE OR PARISHIONER Church employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 449-80-9292 455-64-2495 463-58-6585 460-65-4373 263-64-4965 451-64-6861 265-73-9524 387-42-2946 OCT 2 6 1999 . 11. Kitchen and Food Booths (Cont'd) NAME Dahlia Garcia Salvador Garcia Anis Gedeon Aurora Hernandez Saturnino Hernandez Catalina Lechuga Artemio Lozano Laura Lozano .Andres Marquez Benjamin Marquez Isabel Marquez Jose A. Marquez Jose M. Marquez Maria Marquez Nereida Marquez Nora M. Marquez Rueben Marquez Digna Martinez Rosa Martinez Lucy O~iz Neftili 0rtiz EMPLOYEE OR PARISHIONER Parishioner Parishioner Church employee Parishioner Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Church employee Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 262-83-0179 267-91-3047 594-39-3280 460-~-8~91 460-33-9200 536-03-6239 267-62-9181 263-68-1167 534-84-4685 592-05-0861 266-93-7617 266-79-7909 092-42-8226 261-04-5155 266-93-8520 264-77-8255 092-42-8033 261-97-4679 265-13-4519 463-72-1256 581-86-0094 For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside theSoup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) portable toilets for the duration of the carnival. There are four (4) street lights in front of the church, eight (8). in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own rides. Plans for garbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken by truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons garbage cans. The cans will be placed around the grounds. Diamond Security has been contacted. Jesse P. Morgan, Vice-President signed contract with Father Vilmar Orsolin, c.s.. This Contract states that there will be five (5) armed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. The carnival shall be held from Wednesday, November 24, 1999 through Sunday, November 28, 1999. The Hours of the carnival shall be from 6:00 p.m. to 11:00 p.m. As a legal administrator of Our Lady of Guadalupe Catholic Church, I hereby give wr consent for the carnival to be held on the Church grounds from November 24 througl' November 28, 1999. AG~I~A ITE~ tten~:z /dC, z/) [ OCT 2 6 1999 Client~: 87 DIOCESEOFVENI CERTIFICATE OF LIABILITY INSURANCE DAT~ (MM/DDP/Y) 9/1/99 FRODUCFA~ AP"-~YR J GALLAGMER & CO 8 NW 53 ST SUITE 350 Mi~,~I, FL 33166 305 592-6080 OUR LADY OF GUADALUPE CATHOLIC CMURCH DIOCESE OF VENICE P O BOX 2006 VENICE~ FL 43284 THIS CERTIFICATE I$ ISSUED AS A IVlATTER OF INFORMAT]ON ONI.Y A/VI} CONFERS NO RIGHTS UPON ~ CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OK ALTER ~ COVERAGE AFFORDED BY THE POLICIES BEIX)W. INSURERS AFFORDING COVERAGE ~U,E~A:UNITED NATIONAL INS. CO. TNCRRG RELIANCE NATIONAL INDEMNITY CO. COVERAGES THE POLICIES OF INSURANCE LISTED BELDW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORT HE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERIvl OR CONDiTiON OF ANY CONTRACT OR OTHER DOCUMENT WITH RF~P~ TO WHICH THIS CERTIFICAT~ MAY BE ISSUED Oi MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC.*- POLICIF~. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A ~m~ u~u~w* CP65002 & ~,COMM£RC~GE~R~=~ RRG1053 S ~ c~I,~S M,~E ~ occur GEN'L AGGREGATE LIMfrAPPLIES PER: ~C"-~ C-f EFFECTIVE DATE lMM/DD/YY) 04/01/99 DAT~ o4/ol/oo EACH OCCURRENCE $1,000,000 *The limk~ of liability ~hown ~fl, A,hur I. Gallagher & Co. does no for notification in the event of depl x the limits at incep : assume any respot ;~on of the aggreg; sibility FIRE DAMAGE (Any ore fire) MED EXP (Am/on~ p~r~u) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/DP AGG $INCL sNIL $1,000,000 'sN/A $1,000,000 A & C GARAGE L.XABILITY~ ANY AUTO i EXCT..SS UABILr~' .k. i OCCUR i'--j CLAIMS MADE DEDUCTIBL~ RE'rENT]ON $ WORIOSRS CON[PF..NSATION AND ENfl'LOYZRS' LIABILITY CP65002 {RRG1053 'CP65002 NXC0136092 02 04/01/99 04/01/99 o4/ol/oo 04/01/00 PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN £A ACC AI.~O ONLY: AGG EACH OCCURRENCE AGGREGATE I$ x{WCSTATU- { }OTH- I E.L EACH ACCIDENT E.L. DL~EASE - EA EMPLOYEEI E.L DISEASE - POLICY LIMIT sl,000,000 $1.,000,000 $1~000,000 D~ON OF OP~ONS/LOCA~ONS~CLF..S/~XCLUSI~S ~D£D BY ENDORSEMENT~TECIAL ~O~l~S RE:ANNUAL TMANKSGIVING CARNIVAL TO BE HELD ON NOVEMBER 24TH THRU OUR LADY OF GUADALUPE CATHOLIC CHTJR~ 207 SOUTH 9TH STREET IMMOKALEE, FLORIDA 34142 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED~ 28TH,1999 _C'~FICATE HOLDER I Y ! ADDnmON~u.~stm, zu{~stn~z~ta-ru~m __ CO~LIER COL,~TY GOVEP/Q~.ENT COMMUNITY/DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 2800 N. HORSESHOE Naples, FL 33942 ACORDZS-S('//97) l of 2 #S9336/M6579 CANCELLATION SHOULD ANYOF Tile AB OVE DES CRIB F.D POL~,S BE CANCELLED B EF(~.E NOTIC~ TO'I~E C£R'I'~ATI; HOLD£RNAM~D 'I~TI~ s srFT, Sl~ ~,~os£ ~o on LmA~,or~ on u,,n ri. try or ~v ~U UrON ~ CXM · ACC ~.n~ 0 DAW ms~~. OCT 2 6 1999 2C.~,~;'r COMPANIES AF~ORD~N~ COVeRaGE ELCO, ................... A D~AMON'D STATE INSURANC~ CO. TOLVE PR~S~ENTAT~ON$ ' 269 CR~ENT er'AY LYNDHURST. NJ 07071 ' C.:TED, NO~¥IT~STANc~NG ANY RE;UtREMENT. TERM O~ CDND,T[ON OF ANY CON~,ACT OR OTHER DOCUMENT W]TH RESPECT TO CERTIF;CATE MAY BE ISSUE;, C,~ MAY PEFTAIN. T~ Jt~SUFANCE AFFORDED BY THE POUCrES DESCRIBED HEREIN '.~ SUBJECT TO ALS THE TERM8 L7130250 1-29.99 ' 1-29-00 I~ENBRALA~G~EGATE !$ 2,0001000 i EACM r CC, UR~.~NCi : $ 1.000.000 FIRE DAMAGE ACv o~e'flr¢', i .,,4; 50.000 EXCLUDED'--' COMC~iNED ~tNGL~ ,.IM1- BODILY INJURY fP.r ~,O~IL*? )i'JJU RY PROPBRT'f DAMAGE GAPAGF- LIABILTT~' EXCESS L~B~I. IT'f AOT,") QN,.Y - E~ AC~ID[iqT OTHE~ THAN AUTO ONLY BACH ACCIDE t,~T EVENT DATE 11/24TNRLJ 1* o~ ~aa~ 2EECR~P?)OI'~ OF OPER.C,T~ONS/LOCAI'ION$,~/EHtCL~;-$1SPECLAL ITEl RIDES AND EQUIPMENT ON FiLE WITH THE COMPANY IS GOV:_R~D. CERT;FiCATE HOLDER IS ALSO ADDITIONAL: INSURED ...... , .' ., , ,~.% ,,.:., ~.:., ; , ,:.,,, .... , ., ,:..;...: . , ''' .... ,',-!~-,,r!~'-;'~;,,',,;i'~' 'i~.,.. (,¢.!,'..~_~',~{,~.'F~',;'~;,:~/¢",~*".~,;i.~h".::~,~;: ,,::~t',".,;;;;¢: ', 207 SOUTH gTH STREET . 10 GAYs wmrrzN .o?1¢[ ~o T'a~ c[~'n~F[..L~.' IMMOYDLEE, AC~D:25;8 ~.198) ', ..... ',,'~ , '¢'"' ' -" ,", ' .' ........ ~ '. ~', ~~'::TN:: Fiat[do D~)partrnent of S~tc Sandra B. Mortham Secrete,ry of' State --' C2E018'(Rev. 11-~5) CERTIFICATION OF INSURANCE Dlvi.'sion of Licensing Post Office Box 6687 Tailehassee, Florida 32314.66~',.' (904) 488-5381 Pursuant to Section 493.6110, Florida Statutes, a private investigative agency, a private security agency or a recovery agency must maintain continuous insurance coverage as a prerequisite for doing bus[ness in the State of Florida. As a person lawfully authorized te sell insurance in the State of Florida for an insurance compar, y which ts lawfu[ty engaged to provide insurance coverage in Florida, J hereby certify that the below named agency licensed under Chapter 493, Florida Statutes, is presently insured in an amount of not less than $300,000 which includes comprehensive general ~iabil~ty covera~e for death, bcdiiy injury, propecty damage, and persor, a~ injury coverage ~ ~Jse arrest, detention or imprisonment, maticiou~ prosecution, libel, si.;~der, defammion of character and vida:io~, of Lhe right of privacy, I ~r,.r, er state that this poticy insures for the ~iabitity [er all ager, cy empk3yees required to be licensed by the State of Florida while engaged in activities pursuant to their employment. I further acknowledge that the Department of State, Division of Licensing is listed as an additional insuree party to assure that ali notices regarCing coverage are sent by the insurance provider to the department. Failure tc maintain insurance coverage as required by Jaw, results in the AUTOMATIC s~spe,qsion of the agency i;cense. Continuation of activities regulated under Chapter 493, Fton'da Statutes. without insurance coverage of' with a euapended license rosy resuit in administrative action pursuant to Section 493.6t18(!)(h), Florida Statutes, ~r cfi`mina] penalties pursuant to Section 493,6120, Fbrida Statutes. D~amond ~n_v_es.t_£~ations, I~c. DaA: Diamond [nvest~_gat_io~,s. Name cf insured as it appears on Jicer, se ses [nsurec - check ali that apply ar.d proviCe corresponcing license numbers: [,., ,.;lass "A" - Private ]nvesl:icjative Agency License ~,lumbe~ A 9400272 ix] Class "E"- Secudty Agency License Number: a '"~'--"--' [ ] Class "R" - Recovery Agency L;cense Number:. R 1314 Cape Coral Parkway, $..uite 203, Cape Coral, Florida Address of lnsured's Location Covered by this Certificsfion 6200021 637-01 Policy Number FRONTIER INSURANCE COMPANY Name cf Insursnce Ceremony Florida A~dress of Insurance Company IRVING MECHANIC Name of Insurance Agent FL 33904 April 25,2.000 Exoirat!en Date 1-800-836-~ 100 Teiephon-e- Numl~er of Insu:a~ce Company F[cdda License Num-i~er e~-InSuran~ A~e~t that the information contained herein is true and correct. Personally kncwn YES or Proauced Identificati~r~ Type ~f Ider~dficadcn ,~roducecl PRESIDENT AOENC)A ITEM OCT 2 6 1999 OUTH ~ouP AGENDA ITEM OCT 2 6 1999 AGENDA OCT 2 ~ c '- NSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: ! Name of event Our Lady of Guadalupe Catholic Church Annual Carnival Address of event 219 South 9~ Street, Immokalee, Florida 34142 Date(s) of event November 24-.28, 1999 Sponsor of event Our Lad,,' of Guadalupe Catholic Church Person in charge oftbod service Vilmar Orsolin. c.s. Phone Number of Food and beverage booths 13 Estimated number of attenders expected at the event at one time? 3.000 Hours of operation 6:00 p.m. to 11:00 p.m. (941)657-2666 or 657-6303 Number of toilets to be provided: Portable Male ( Permanent: Male ( .Xt,~thod of toilet waste disposal: 4 ) Female( 4 ) 8 ) Female( 8 ) Immokal.ee Water & Sewer, Inc. and Naples Pon-o-Lets, Inc. Describe method of liquid kitchen waste disposal: Immokalee Water & Sewer= Inc. Describe containers and method of solid waste disposal (garbage): 3 lar=e dumpsters from Immokalee Disposal plus fifteen (15) 30-gallon trash cans Number of solid xvaste disposal containers provided: 3 dumpsters Describe facilities and method of hand washing: Sinks at Guadalupe Soup Kitchen and cooler with water .spouts, soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe Soup Kitchen Source of potable water: Immokalee Water & Sewer. Inc. and assorted uallon containers with water spouts OCT 2 6 1999 Pg. As the sponsor of this event you are responsible to notify, all food vendors of the temporary, food servk requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely,? Yes X No I ceftin, 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 xvhether there is a charge for the food. I agree to assume responsibility for this event and certiI}, that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E- 11. Signature of Sponsor's agent Date: September 28, 1999 1999 UR LADY OF GUADALUPE 8-87 '1 207 S. 9TH ST. ' ~3-33Z/670 39 ,,-~) IMMOKALEE,~'L~ 33g~ ~ AGENDA ITEM OCT 2 6 1999 ... // PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF CO~-~.~R~ OCT ~ 6 '1999 ~ EXECUTIVE SUMMARY PETITION C-99-9, REVEREND JOSEPH SPINELLI OF ST. ELIZABETH SETON CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON NOVEMBER 10,11,12,13 AND 14, 1999, AT 5325 28TM AVENUE S.W., GOLDEN GATE CITY. OBJECTIVE: For the Board of County Commissioners to issue a permit to Reverend Joseph Spinelli, of St. Elizabeth Seton Catholic Church to conduct a carnival from November 10 through 14, 1999, on their church grounds located at 5325 28th Avenue S.W., Golden Gate City. CONSIDERATIONS: Reverend Joseph Spinelli on behalf of St. Elizabeth Seton Catholic Church has made application to the Board of County Commissioners for a permit to conduct their annual carnival. Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit. FISCAL IMPACT: The $250.00 permit application fee to cover the cost of processing and required inspections has been paid to the County. Since the church has contracted with Waste Management of Collier County and contracted employees, for removal of trash and clean up from the grounds, the County holds no liability. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the permit application to conduct the St. Elizabeth Seto~h~rch annual carnival. ROI~LD F. NINO, AICP DATE CURRENT PLANNING MANAGER AGENDA IT~ OCT 2 6 E¢9 REVIEWED BY: PLANNG SERVICES DEPARTMENT DIRECTOR DATE APPROVe, IY BY: DATE C-99-9 EX SUMMARY/ 2 AC3ENDA ITEM OCT 2 6 1999 St. Elizabeth Seton Church 20, 1999 Commissioners oi Collier Counly Board of County (]ommisdoners P() Box 413020 Naples, FI., 34101 RECEIVED OCT - 5 1999 saw s [)('ar (;ommissioners; ,St. Elizabeth Scton Parish ~dll be conducti~g thc ~mud Fesliv~ to raise fluids for thc ot),'ra~ion ()1 lite (~hmvl~ and our ]~lcmcnl arv School in (;olden (late. qq~e l)ad>l~ l:esiiv~ u411 l~c place (m November 10,11,12,13 and 14 , 1990. q%e hours will I)e kVcdnesda~; Now 10 trom 5:30 t~) 10:00 p.m.; 'l'hursda~: Nou 11 from 5:30 ~,) 10:00 I~.nL; ]:ridax: Nox( 12 from 5:30 to 11:00 p.m.: Saiurdax: Nox(13 from 1:00 ~o 11:00 p.m.; Sunday, Nox( 14 trom 1:00 to 9:00 p.m. 'l'he Golden (;mc t'ire l)cp~mcid, (7o~icr Coumv's Alnbulm~(:c se~ice, and ~e Sht'~ilP~ I)cparln~'m have ~1 bet:Il illtOllncd as I0 thc time aim place (>f thc FestivM. l'hc k~hste Managcmc~d of (7o~ci' C~ounlv has been contacted mM ~511 be re~,l)(msible tm' ~cn~oving the trash frown tim grounds, mM if fids f~ls, the Chun'h assuntcs thc rcst){m~,ibililv of mntovntg thc trash. Fhcrc will l)c pona})le toilets in sevcr~ locations. There will M' l)a~hl~g t'at'ililics ill tilt' h)l a~ijat'enl I~) flic church, al ~Vinn Dixie Pl~a, al K-M~t lq~a and ~so rite Nations Bank p~king lot. Enclosed please lind a dlawing dcsigimting ~he h)cat ion of 11~c booths, rides, and o~er fac~ties lot rite l:c=t.ivM. Si~werel5; l~.ex. ]oscph Si)iiwili,().bA. Paslor AGENDA ITEM, OCT 2 6 1999 NOTE: please ~ead reverse side before completinq this Petition. Copy: Zoning Director Copy: Petitioner Copy: (4) County Manager Original Form: 11/4/75 £ A2; VJLLYAL_Q~, .EEATJ_9~EiT~TX o w PETITIONER'S N~: Et. Elizabeth 5et6~ Catholic Church PETITIONER'S ADDRESS: 2760 52nd Terrace 5W Golden Gate, FL 34116 TELEPHONE: 455-3900 FAX 455-689' PROPERTY OWlqER'S NAME: St. Elizabeth Seton Catholic Church PROPERTY OWNER'S ADDRESS: 2760 52nd Terrace 5W Golden Gate: FL 34116 TELEPHONE: 455-3900 FAX 455-6895 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Church & School GENERAL LOCATION: 5325 28th Ave. SW , CUP. P~ENT ZONING: Church CUP. RENT USE: Church property NATURE OF PETITION: Festival November THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. EXPLANATION, SEE P~EVERSE SIDE.) (FOR 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.S) 3.C. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: DATE ~LEVIEWED by Board of County Commissioners: Disapproved: Conditions of Approval: SIGNATUP~E OF COUNTY M3%NAGER ~ Ar~IOA ITEM OCT 2 6 1999 OI._T~ I:dEF'UBL I C CONTINUATION CERTIFICA BOND DE SCRrPTIOh~ f:'E]:;d"i I T EFFEC]IVE DAlE 11./:1.5f:1.999 11. / :1. 5/2000 PRINCIPAL OBLIGEE ST, E:I_ i'ZA:i-:;I:!:TFI SE:'f'ON 2?60 52ND S · W. N,.-d 1...1:.,.~, F"I... 3 :.3 ':? ':;-' ~? F'I:~.S T :[ V~'fl. l... BD [:;[:)MM. CC)I...I_II!i]:~, C'fY 3~':~0:1. E · '1'¢~l'1 ]. ~'-'~1'1 I N~I:"L.I=:,S, F'I,. THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON IT AND ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD. PRESENT, PAST OR FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. let ..IZ Vli:N'f'l' I JLIL. "( DAY OF ITl OCT 2 6 1999 SHOWMEN'S INS. AGENCY, 7301 N. LINCOLN AVE., ¢¢185 LINCOLNWOOD, iL. 60712 FAX: [847] 676 - 2578 [847] 67!5- 144',1 [ THIS CERTIFICATE IS 18SUED AS A MATTER OF INFORMATION ONLY AND CONFER5 NO RIGHTS UPON THE CERTIFICATE HOLL)[.R. THIS CERTIFICATE DOES NOT AMEND, E~TEND OR ALTE~ THE COVERAGE AFFORDED BY THE POLICIE~ BELOW, COMPANIES AFFORDING COVERAGE c~'~,~' DIAMOND STATE INSURANCE CO. A TOLVE PRESSENTATIONS 269 ORIENT WAY LYNDHURST, NJ 07071 COMPAKY C D TiS iS TO CERTIFY THAT TME POL:C-4ES C,F 't4_c;U,R,,:,KF_-- LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIdCY PER~OD iND,CATSD, NOTWITHSTANDING AN'r F'.E~ _ ~L~NT, ;5~M G~ QC'N?TtON OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY FE~'cAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL; TttE TERMS, EXCLUSIONS ANO CONDITIONS OF SUC~ POLICIES ~!MITS ShO~¢~N MAY HAVE BEEN REDUCED BY PAiD CLAIMS I CO 'rfPE OF IH$~RA~CE POL!CTM NUf~DER ~OLICY EFFECTIVE pOLICy EXPIRATION ! LIMITS LTR DA"rE (MM/DDFfYi DATE {MMtDD/'fY) A T WORKER~ COM~PNSATION AND EMPLOYERS' LIABILITY L7130230 1-29-99 1-29-00 :~E :"1 E RAL ,~.SG R-:' !';AT ~ $ 2,000000 ~ERSONAL $ ADV INJURY ~ 1 000 O~O oc,:,.~*~c~ ~ %000 000 EXF(A,U one¢~r~o,~; i $ EKCLUDED NED SINGLE L'~ T I ~ I BODILY H~IJU GY $ [Par i',er~-nn j BODL¥ IH JURY PROPERTY DAV, AGE AGGR_=G/~TE ; $ i' EACH OCCLI~EI~,IC~ J S C_L .n SEASE - POLIOv L;M T ' $ EL g 5EASE - EA FMP..OYEE $ OTH~-R EVENT DATE h?j,V 11 THRU 15, 1999 ONLY RIDES AND EQUIPMENT ON FiL% WIT~ THE COMPANY IS COVERED. CERTIFICATE HOLDER IS ALSO ADDITIONAL; INSURED SAINT ELIZEBETH SEION CATHOLIC CHURCH & S~OULO ANY OF THE ABOVE DESCRIBED POLICIES S~ CANCELLED GEFORE THE DIOSCESE OF VENICE, FL EXPIRATION DATE THEREOF, THE 165VINO COMPANY WILL ENDEAVO~ TO MAIL 2760 52ND ~;R~ACE 5W 10 9AYS wmz~[. NO~Cb ~o ~H[ C~*rE .OL~ .~ ~O fH~ ~[~m. OCT 2 6 1999 LOCATION: ZONED: COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY TAX COLLECTOR 2800 N HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 403-2477 THIS LICENSE EXPIRES SEPTEMBER 30. I DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LEGAL FORM PROFESSIONAL REG. NO. BUSINESS PHON= INDIVIDUAL [ PARTNERSHIP [ ] -, CORPORATION [ SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COONT CLASSIFICATION WALK !f~ OR P©STMARKED BY r OCT 1 - (~CT. 31 NOV 1 NOV 30 AMOUNT DUE BEFORE SEPTEMBER DEC 1 - D~:¢, ~1 JAN 1 AND,AFTER I LICENSEr :.NOJCODEz AGENDA OCT 2 6 1999 Pg. ;Y ~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event St. Elizabeth Seton Festival Address of event 2760 52nd Terrace 5W, Naples, FL 34116 Date(s) of event Sponsor of event weekend 12 noon to Nov 10-14~ 1999 . Hours of operation 6 to 10 p.m. bt. Elizabeth Seton Parish Person in charge of food service Wesley Bates Phone 353-3616 Number of food and beverage booths 14 Estimated number of attenders expected at the event at one time? 5000 11 p.m. Number of toilets to be provided: Portable: Male ( 12 ) Permanent: Male ( ) Method of toilet waste disposal: waste Female ( 12 ) Female ( ) Hanagement/Sanitar¥ Dept Describe method ofliquid kitchen waste disposal: City water and sewer with grease trap Describe containers and method ofsolid waste disposal(garbage): Garbage cans with plastic liners Number of solid waste disposal containers provided: Describe facilities and method of handwashing: running water with sink 3-20 yd dumpsters Descdbefacilities and method ofutensiiwashing, rinsing and sanitizing: Commercial dishwasher Source of potable water: c i t y water OCT 2 6 1999 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comp' ~ may subject the booths to be closed for public health reason. Do you understand this completely? Yes v/" No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. OCT 2 6 1999 BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event: st. Elizabeth 5eton Festlval Name of booth: Person in charge of booth: Wesley Bates Types offoodorbeverageto be sewed: soda~ ceffee~ hot chogolate hamburoers, hot dogs, It~[iQn ~ausaqe, cake & cook/es fish & chips, oriental~ 8ar-8-~ue~ 0nion~ Pizza~ Steak ~C¢ cream, elcDh~nt ear~ Flodda Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this ~ shall, not be do.~te..i~, private hemes. ~.- Location of advanced food preparation: approved food booths and health inspected on grounds kitchen How will food be transported to event location? n/a Method of keeping food hot and/or cold at event site: each booth contains refrigerator & stove Method of ceoki~ food at the location: stove a~ each booth Food must be protected from dust, insects, flies, coughs, sneezes. you provide this protection? Describe type of structure: each booth is screened in metal How will Adequate facilities and supplies shall be provided for e,-nployee handwashing. How will you provide this? each booth has a sink Failure to comply with applicable food service requirements in accordance With Chapter 64E-11, Florida Administrative Code, may result in enforcement action. 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 establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. OCT 2 6 1999 ~ BOOTH HOTIFICATION FORM FOR TEMPORARY BV~NT8 Name of event: St. Elizabeth Seton Festival Name of booth: Taffy Wagon Person in charge of boo.h: John Tolve Types of food or beverage ko be served: soda~,popcorn, cotton canay, taffy coated apples Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L~cation of advanced food preparation: How wall food be transported to event location? n/a Method of keeping food hot and/or cold at event site: ~l~ntrin strive' Method of cooking food at the location: .~tQYe . coughs, Describe Food must be protected from dust, insects, flies, sneezes. How will you provide this protection? type of structure: enclosed wagon ,. Adequate facilities and supplies shall be provided for employee handwashing. How will you provide ~his? sink OCT 2 6 1999 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand ~his completely? Yes ~ No I certify ~hat to the best of my knowledge and belief all of ~he statements contained herein and on any attachments are true, correct, complete, and made in good faith. ~u%derstand 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 ~his establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: OCT 0 gSS ! September 1 O, 1999 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 St. Elizabeth Seton Church 2760 52"~. Terr. S.W. Naples, Florida 34116 Rev. Joseph Spinelli, O.S.A. Dear Reverend Spinelli, We are in receipt of your letter dated September 3, 1999 regarding your request for security during the St. Elizabeth Seton Festival. As in the past, it will be a pleasure to provide security during this year's event. Sgt. Whittenberg happens be off for a few days so I decided to take care of this in his absence. I'm not sure we have met however, I have worked the festival on several occasions in the past in a variety of capacities. I have been appointed the-new Golden Gate Substation Supervisor and look forward to meeting you. I have included my business card and please feel free to contact me anytime. Sincerely, Scott Stamets, Lieutenant Uniform Patrol Division Golden Gate Substation /sls CC: St. Elizabeth Seton File A~NDA ITEM OCT 2 6 999 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-69 (941) 455-2121 · FAX (941) 455-79, September 15, 1999 Reverend Joseph A. Spinelli St. Elizabeth Seton Church 2760 52"a Terrace S.W. Naples, Florida 34116 Dear Father Spinelli: This letter is to acknowledge receipt of your correspondence pertaining to the St. Elizabeth Seton Catholic Church annual festival to be held on November 10, 11, 12, 13 and 14, 1999. This department does not object to your having the festival, however, we must insist that all fire codes and safety codes be strictly adhered to. In addition, it will be necessary for all festival facilities to be inspected by a fire department inspector after they are set up and prior to their being opened to the public. Thank you for your cooperation. Sincerely, Donald R Peterson Fire Chief DRP/pm AGENDA ITEM OCT 2 6 '~999 J jFESTIVAL BUILDING CHUR SCHO( 'L Block 204 and 205, Golden Gate City, Unit 6, according to the plat thereof, as recorded in Plat Book 5, Page 11 of the Public Records of Collier County, Florida. Also lot ~, Block 201, Golden Gate, Unit 6, according to plat book 5, PAges 124 to 13a, inc. Public records Collier County, Fl. OC'~ 2 ~ ~999 PERMIT FOR CARNIVAL EXHIBITION Peztmt No. STATE OF FLORIDA: COLTNTY OF COLLIER: WHEREAS, Reverend Joseph Spmelli of St. Elizabeth Seton Cathohc Church, bas mad~ al~plication to the Board of County Commissioners of Collier County, Honda, for a penmt to conduct a carnival exhibilion; and WHEREAS, Reverend Joseph Spmelli of St Elizabeth Seton Catholic Church, bas tn~seml~l to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival exhibiOon ns set forth in Chapter 10, Article II, Amusements and Entertainment's, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful req~ts and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Reverend Jo~q~ Spinelli of St. Elizabeth Seton Catholic Church, to conduct a carnival exhibition from November 10 through November 14, 1999, in accordance with the terms and conditious set forth in the petitioner's applical~on and all r~lated documents, ar, achod hereto and incorporated hereto for the following described property: (See at~ached Exhibit "A") WITNESS my hand as Chairwoman of said Board and Seal of said County, attested by the Clerk of Cour~ in and for said County this day of ., 1999. A'l"f EST: BOAKD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK, Clerk COLLIER COLrNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Marjori~M. Stud~m ' Asststant County Attorney g/~imm/C-99-glCMhm PAMELA S. MAC'KIE, CHAIRWOMAN OCT2 6 1999 Ex.l~lbit Block 204 and 205, Golden Gate City, Unit 6, according to ~he plat ~hereof, as recorded tn Plat Book 5, Page 11 of the Public Records of Collier County, Florida. Also lot 5, Block 201, Golden Gate, Unit 6, accorQing to plat Oook ~, PAges 124 to 134, inc. Public records Collie; County, FI. oc'r g 6 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "EDEN AT THE STRAND", 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 "Eden at the Strand", a subdivision of lands located in Section 18, 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 "Eden at the Strand". 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 "Eden at the Strand" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $351,336.18 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $132,347.80 - $218,988.38 The Security amount, equal to 110% of the project cost, is $386,469.80 OCT T,o.9 i I Executive Summary Eden at the Strand 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: $6843.96 Fees are based on a construction estimate of $351,336.18and were paid in August, 1999. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)- $ 474.20 b Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 661.74 Drainage, Paving, Grading (.425% const, est.- $ 930.70 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1985.22 Drainage, - $2792.10 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 "Eden at the Strand" for recording with the following stipulations: Approve the amount of $386,469.80 as performance security for the required improvements. Approve the standard Agreement, and form 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. A~AITE. M OC ' 2 6 1999 Executive Summary Eden at the Strand Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. - Engineering Review Manager /(5- ~, Date Date Robert Mulhere, AICP Planning Services Department Director APPROVED BY': · .,//~ i ..~; / 4 f V±ncen~' A. Cautero, AZCP, Adm±n±stra~or Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date AGENDA ITF. J~ OCT 2 C ?9 L~ ROAD:E IMMOKALEE ROAD CENTER ~'iLLOU GARDENS VICINITY MAP.. .NOT: OC'i' 2 6 1999 Pi. // EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SANTORINI VILLAS AT OLDE CYPRESS", 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 "Santorini Villas at Olde Cypress", a subdivision of lands located in Section 21, 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 "Santorini Villas at Olde Cypress". 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 "Santorini Villas at Olde Cypress" be approved for recording. of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $199,870.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 72,810.00 - $127,060.00 The Security amount, equal to 110% of the project cost, is $219,857.00 AGENDA ITEM OCT 2 C Executive Summary Santorini Villas at Olde Cypress 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: $4085.22 Fees are based on a construction estimate of $199,870.00and were paid in August, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 469.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 364.05 Drainage, Paving, Grading (.425% const, est.- $ 540.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1092.15 Drainage, - $162o. o2 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 "Santorini Villas at Olde Cypress" for recording with the following stipulations: Approve the amount of $219,857.00 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 2 6 1999 Executive Summary Santorini Villas at Olde Cypress Page 3 REPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date · R'ob~rt Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh 'Date DCat~ AC-~NDA ITEM OCT 2 6 1999 pg. ~' PLAT BOOK PAGE SHEET 1 OF 2 SHALL COUNTY ~ QUAIL 16 30 29 UNIT 97 kGF-.I"~D A JTE.h LOCATION.T.s.N MAP ~ oct 2 5 !799 L':"'kT ~' T'tkT fTM.P'I~TT~W P t EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE THREE", 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 "Island Walk Phase Three" a subdivision of lands located in Section 33, 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 "Island Walk Phase Three" 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 Jor 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 "Island Walk Phase Three" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,483,167.41 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $656,238.00 - $826,929.41 The Security amount, equal to 110% of the project cost, is $1,631,484.15 AGEI~A ~T~J~ ~ 2 :999 Executive Summary Island Walk Phase Three 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: $28,000.80 Fees are based on a construction estimate of $1,483,167.41and were paid in June, 1999. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac- $ 818.24 b c Paving, Grading (1.275% const, est.) GROWTH F~%/qAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 3281.19 Drainage, Paving, Grading (.425% const, est- $ 3514.45 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 9843.57 Drainage, - $10543.35 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Island Walk Phase Three" for recording with the following stipulations: Approve the amount of $1,631,484.15 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 2 6 1999 Executive Summary Island Walk Phase Three Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R'~b~t Mulhere, AICP Planning 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 OCT 2 6 ~999 3( ~2 15 6 ~ 18 17 16 15 2O (C.R. NAPLES- 21 846) IMMOKALEE 22 ,4... 3 9 10 16 15- 14 13 U°CAEONI' 55 I 56 O~ 2 ] 11 i2 13 LOCATION MAP NOT TO SCALE OC; ?' ~99 EXECUTIVE SUMMARY APPROVE CHANGE ORDER TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R~ PROJECT 70859/70828 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a Change Order to the construction contract with Milmir Construction, Inc., for several improvements to the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATION: This Change Order will incorporate the following improvements and credit item: · Reimburse the County for consultant overtime engineering inspection during Well 3 construction (deduct $7,514.00). · Install bahia sod in lieu of St. Augustine sod along the raw water piping alignment ($0.00). · Extend the contract substantial completion date and the final completion date by 47 calendar days and seven calendar days, respectively ($0.00). · Rehabilitate the existing odor control scrubber towers (add $41,359.00). · Replace the existing fiberglass tee with a new HDPE tee and ductile iron reducer at the west plant entrance (add $17, 296.00). · Upgrade the exisiting acid feed system piping and modify the plexiglass enclosure ($0.00). · Prepare and repaint two existing transfer pump bases and associated piping (add $1,826.00). · Inspect well 9 to determine the cause for low water production (add $7,525.00). · · Reconcile bid quantities for the actual as-installed quantities for the construction of Well 3 (deduct $3,523.00). · Replace the existing ductile iron sulfuric acid day tank with a new HDPE tank (add $23,900.00). .. Each item is more fully explained in the attached Change Order. A summary of change orders to-date on this project is provided as follows: Amount Days to Substantial Completion Days to Final Completion Original Contract Sum of previous changes Proposed Change Order Revised Contract $13,684,984.90 410 502 $766,370.10 27 117 $ 80,869.00 47 7 $14,532,224.00 484 626 (05/14/99) (10/03/99) Executive Summary Approve Change Order To NCRWTP Expansion Page 2 The recently expanded plant became operational on the substantial completion date of May 14, 1999 (484 days into the contract). The additional time is for work to upgrade existing plant equipment, which was scheduled to be completed after the plant expansion became operational. .~.,~FISCAL IMPACT: A budget amendment in the amount of $80,869.00, will be required to transfer funds fi.om Water Reserves to project 70859 to fund this work. GROWTH MANAGEMENT IMPACT: The water treatment plant expansion is consistent with Capital Improvement Element (CIE) 859 and 865, and also with the Water Master Plan adopted by the Board on October 22, 1996. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment, and approve and authorize the Public Works Engineering Department Director to execute a Change Order for the NCRWTP 8-mgd Expansion, Bid 97-2690R, Project 70859/70828. SUBMITTED BY: ~I~A~ Date: ,X~q0.[o,~' Peter Schalt, PMP, Project Manager ,~\~,~,, Public Works Engineering Department REVIEWED BY: ~ 'D/'/,.~~ff'~ Date: ~J~ff B~ibby, P.E., Directo( - Public Works Engineering Department REVIEWED BY: / °'~{/"/~/~F~"m7 ~/' Date: Patll Mattausch, Water Director Public Works Division APPROVED Public Works Division Date: PS- attachment: Copy of Proposed Change Order Budget Amendment 0 2 6 CDM consulting engineering cons tructio~ operations Camp Dresser & McKee Inc. 8140 College Parkway, Suite 202 Fort Myers, Florida 33919 Tel: 941 432-9494 Fax: 941 432-9453 September 21, 1999 Mr. Peter Schalt, PMP Collier County Public Works Engineering Department 3301 Tamiami Trail East, Building D Naples, FL 34112 Re: NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1243 Proposed Change Order No. 18 Dear Mr. Schalt: Enclosed please find one (1) original signature copy of proposed Change Order No. 18 for the NCRWTP 8-MGD Expansion project. The Change Order has been executed by CDM and Milmir Construction. Please review the Change Order and let me know if you find any discrepancies. If you agree with the Change Order, please process and have the appropriate County staff execute the one (1) original signature copy. Upon execution of this Change Order, please make distribution accordingly (i.e., M&E, CDM and Milmir, one copy to each) or return three (3) copies to me and I will distribute. Should you have any questions, please do not hesitate to call me. Very truly yours, CAMP DRESSER & McKEE INC. Adam Sobolewski, P.E. AMS/imp Enclosures XC: I:'... collier co1199s.74 Nick Cooper, M&E Richard Moore, CDM File: G-IO1,G-101.1, C-500.1FFM G-IOI. 1, C-500. l/Field O C'f 2 6 1999 I CHANGE ORDER TO: Milmir Construction, Inc FROM: P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, Florida 32208 Project Name: NCRWTP - 8MGD Expansion Construction Agreement Dated: 12/16/97 Collier County Government 3301 East Tamiami Trail, Building D Naples, Florida 34112 Bid No.: 97o2690R Change OrderNo.: 18 Date: ~ Change Order Desc,,ription: (Attach justification and supporting documentatio~5~ this change.) See Attachment iiA,,' Description of changes and justification ~ ,[ See Attachment B - Summary o£Supportive Documentation ~/ ~ ~/~ / See copies of Supportive Documentation attached. //? ~ ~ ~' ~ / Original agreement amount ............................ ~....[~.. ,,.~ ..... ~$13,684,984.90 Sum ofprevious change orders amount ...................... ~ .... /. ~$ 7~66,370.10 This Change Order Amount [add] .............................../'~'" ~$,..~80,869.00 Revised Agreement Amount .................................. ~ ...... $14,532,224.00 "' Substantial Final Original contract time in calendar days .............................. 410 502 Adjusted number of calendar days due to previous change orders ......... 437 619 This change order adjusted time is ................................. 47 days 7 days Revised Contract Time in calendar days ............................ 484 626 Original Notice to Proceed date .................................... 01 / 16/98 Completion date based on original contract time ...................... 03/01/99 Revised completion date ......................................... 05/14/99 06/01/99 10/03/99 You acceptance of fids change order shall constitute a modification to our Agreement and xxSll be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and f'mal settlement of any and all claims of the Contractor ar/sing out of, or related to, the change set forth herein. including claims for impact and delay costs..., -- . Recommended by: .g~~/~~¥ ~_?~Z / ×dam Sobole{vski, P.E. Camp Dresser & McKee Inc. t3/Donald Klose, Vice President Milmir Construction, Inc. Reviewed by: ~,~"k '~'~~ Date: Peter Schalt, PMP, Project Manager Collier County PWED Accepted by: Reviewed by: Date: Jeff Bibby, P.E., PWED Director Collier County PWED Approved by: ~~a,/~j~--~ ~ Date: ~ Paul Mattausch, Water Director Public Works Division (For Use by Owner: Fund: Cost Center: GSForms\Change Order Master.doe Revised 01/29/98 Object Code: Project No.: Collier~co199s.71 Page 1 COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 18 ALLOCATION TO FUNDING SOURCES Change Cost/(Credit) Fund #70828 Fund #70859 Order Amount Wellfield NCRWTP Expansion Item # 1 ($7,514.00) ($7,514.00) $0.00 2 $0.00 $0.00 $0.00 3 $0.00 $0.00 $0.00 4 $41,359.00 $0.00 $4 ],359.00 5 $17,296.00 $0.00 $ 17,296.00 6 $0.00 $0.00 $0.00 7 $ 1,826.00 $0.00 $1,826.00 8 $7,525.00 $7,525.00 $0.00 9 ($3,523.00) ($3,523.00) $0.00 " 10 $23,900.00 $0.00 $23,900.00 ~ 1 $o.oo $o.oo $o.oo TOTALS $80,869.00 ($3,512.00) $84,381.00 Colli~fl,'o199s.71 . Page 2 OCT 2 6 1~99 PG..~5'" .... COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 18 ATTACH MENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION Item No. Description of Change Cost (Credit) 1 Establish new lump sum price item 4.5 for "Reimbursement to ($7,514.00) County for Missimer International overtime inspection costs, incurred during installation of wells 1, 6, 7, 8, 10 and 11 from inception through completion of installation. 2 Furnish and place bahia sod in lieu of St. Augustine sod $0.00 specified. 3 Extend the Contract Substantial Completion date by 47 $0.00 calendar days from March 28, 1999 to May 14, 1999. 4 Furnish and install the following modifications to each of the $41,359.00 four existing odor control scrubber towers: · Install a new access opening at top of scrubber tower. · Replace the 2-in. and 3'A-in. media in the tower with new media. · Replace the existing, clear cover on each of three existing manways with a new, solid cover. 5 Furnish and replace the existing 30-in. dia. FRP tee and $17,296.00 reducer in the existing Tamiami raw water main south (outside) of the NCRWTP entrance gate, with a new HI)PE tee and DI reducer. Collierx~:o199s.71 Page 3 AGENDA ITEM CHANGE ORDER NO. 18 AI-fACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Description of Change Cost (Credit) 6 Furnish and install acid feed system piping modifications and $0.00 extend upward, the vertical east and south sides of the plexiglass enclosure in the Acid Room. 7 Remove the corrosion, prepare the stainless steel surfaces $1,826.00 and paint the two new transfer pump bases, associated discharge piping, and hardware in the Transfer Pump Station. 8 Salt plug well #9, remove the pump, re-video the well, and $7,525.00 reinstall the well pump. 9 Adjust the estimated bid quantities of unit price items ($3,523.00) associated with the installation of well #3 to reflect the actual final installed quantities. 10 Replace the existing sulfuric acid day storage tank and $23,900.00 existing pipe, valves, and fittings in the Acid Room. : 11 Extend the Contract Final Completion date by seven calendar $0.00 days from September 26, 1999 to October 3, 1999. $80,869.00 TOTAL Colli~:ol99s.71 Page 4 Pc. 7 . _ CHANGE ORDER NO. 18 ATTACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Justification for Change 1 Missimer International staff performed weekend overtime inspection services during installation of wells 1, 6, 7, 8, 10 and 1 I, which was beyond the normal eight hours per day and forty hours per week. Paragraph 22.4 of Exhibit H, General Terms and Conditions of the Contract, allows the County to recover overtime inspection costs from the Contractor via deduction from Contractor applications for payment. A lump sum credit was negotiated with the Contractor for overtime attributable to the well drilling subcontractor. New line item 4.5 in the bid form will be established to provide a means of deducting the Missimer International overtime inspection costs in the Contractor's application for payment. 2 Contract specifications required St. Augustine sod to be placed in areas disturbed by construction. Existing sod in undisturbed areas of the NCRWTP is bahia. I The majority of disturbed areas on the plant site and well house sites do not have lawn sprinkler systems. Bahia sod, which is more drought resistant than St. Augustine, will be placed in alt disturbed areas of the plant site and in all remaining, umqnished areas within well house easement boundaries. Use of bahia sod will also reduce lawn maintenance costs and time. No credit was agreed to for this substitution as a negotiated zero dollar tradeoffwith Change Order Item #6 for Acid Room modifications at no additional cost. 3 The previous Substantial Completion date was March 28, 1999. A requirement for meeting Substantial Completion was to satisfactorily run all four new RO skids simultaneously for a minimum of six hours. Due to conditions beyond the Contractor's control, as described in the attached supporting documentation dated May 14, 1999, the Contractor essentially met Substantial Completion on May 14, 1999, but was still unable to run four RO skids simultaneously for the minimum six hours. As discussed at progress meetings #17 on May 6, 1999 and #18 on June 22, 1999, the County, M&E, and CDM agreed to establish May 14, 1999 as the Substantial Completion date and remove the requirement to run four RO skids simultaneously for six hours from Substantial Completion, contingent upon the satisfactory six-hour simultaneous run of all four skids by the Contractor when sufficient raw water was available from the Hawthorne well field (i.e., wells #1 and #I 1 are cleared by FDEP to be placed into service). Collier~:o199s.71 Page 5 AGENDA I_TEt~ ~ 0CT 2 6 1S99 PG. ~' CHANGE ORDER NO, 18 ATTACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Justification for Change 4 The filter media in the four existing odor control scrubber towers requires periodic replacement. Rather than having plant maintenance staff remove and replace the media, County operations staff requested that the Contractor perform the replacement as additional work under the construction Contract. Since the Contractor is already onsite and has the available staff and equipment, County operations staff also requested that an additional 12-in. diameter access opening be installed at the top of each existing scrubber tower to facilitate future maintenance and that the existing clear plexiglass covers on all existing manways be replaced with solid covers to eliminate direct ultraviolet sun rays into the scrubber towers. 5 Previous Change Order #11, Item #1 was approved for the replacement of the 30-in. diameter FRP Tamiami raw water main from the existing tee outside the plant entrance gate to the existing valve at the west wall of the Process Building. The Contractor's proposal for the additional work stipulated that any existing FRP pipe and fittings upstream from the north connection flange on the, tee outside the gate, which the County wanted replaced, would be at an additional cost. Upon pot-holing the existing tee outside the gate for location/elevation, the Contractor found the tee and reducer upstream to the west of the tee to be FRP. The County was informed and directed the Contractor to replace the tee, reducer and any pipe that was FRP upstream to the point where the existing main is ductile iron. 6 The acid feed system piping was installed as designed. To facilitate operation and maintenance of the system and to ensure a safer worker environment, County operations staff requested the extension of a 1-in. diameter acid line to outside of the enclosure and installation ora 1-in. diameter valve on the extended pipe outside the enclosure. The acid system plexiglass enclosure was also installed as designed. County operations staff requested that the south and east sides of the plexiglass enclosure be extended upward to shield piping above the enclosure and provide greater protection in case of an acid leak in the pipe or fittings. No additional cost was agreed to for this additional work as a negotiated zero dollar tradeoffwith Change Order Item #2 for furnishing bahia sod in lieu of St. Augustine sod with no credit. Colliet'~o199s.71 Page 6 CHANGE ORDER NO. 18 ATTACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Justification for Change 7 The existing corrosive atmosphere in the Transfer Pump Room has been and is causing significant corrosion of the two new transfer pump stainless steel bases and the associated stainless steel pump discharge piping, hardware, and accessories. The corrosion must be removed and the stainless steel pump bases, discharge pipe, hardware, and accessory surfaces be prepared and painted with a coating system resistant to corrosion. The County agreed with the proposal to remove the corrosion and paint the two pump bases and associated piping, etc., to eliminate further corrosion of the specified equipment. To determine the reason for the reduced flow capacity from well #9, it was necessary to salt-plug the well, remove the pump, video the well, and replace the pump. Two quotes were received by Missimer to perform the work described. The Youngquist Bros. proposal was $11,000 and a proposal from Dean Supply was $7,525. Youngquist Bros. agreed to perform the work for the lower proposal. Contract Specifications, Exhibit H, General Terms and Conditions, Paragraph 23.2 requires: · Contractor to pay ali costs for inspections, tests, repairs, corrective work, replacement, etc., if the work is defective and is attributable to the Contractor. · Owner to pay costs ($7,525.00), if defective work is not attributable to Contractor or subcontractor. Results of the video and review of the video by Missimer revealed that the work was not defective and the reduction in well flow capacity was not the result of the subcontractor work. Quantities indicated in the Bid Form for unit price items of Work for the installation of well #3 are estimated quantities. The Contractor is paid for the actual quantities of unit price items of Work installed in accordance with Section 11 of the Instructions to Bidders, page WS-IB-5 of the Specifications. The estimated bid quantities of unit price items of Work associated with the installation of well #3 (Change Order No. 15, Item No. 1) were therefore adjusted to reflect the actual final installed quantity for each unit price item. Collier'co199s.71 Page 7 CHANGE ORDER NO. 18 ATTACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFiCATiON (continued) Item No. Justification for Change 10 A leak occurred in the existing sulfuric acid piping at the existing acid day storage tank in the Acid Room on August 12, 1999. The County Water Department and plant operations staff.wanted the acid day storage tank and all existing acid piping in the Acid Room replaced with an HDPE tank and alloy 20 piping as soon as possible to minimize the potential for future leaks and improve the reliability and integrity of the acid day tank and piping in the Acid Room. The County Water Department verbally directed the Contractor to proceed with the additional work on August 19, 1999. 11 The Contract Final Completion date is being extended seven calendar days from September 26, 1999 to October 3, 1999 to provide the additional time requested by the Contractor and necessary to replace the existing sulfuric acid day storage tank and existing piping in the Acid Room. The County Water Department verbally directed the Contractor to proceed with the additional work on Au,oust Collier',co199s.71 Page 8 AG£NC'A N0. ~.~[~..~ OCT 2 6 1999 PG. I! CHANGE ORDER NO. :[8 ATTACHMENT "B" SUPPORTIVE DOCUMENTATION Change Order Document Description Document Item No. Date 1 Paragraph 22.4 of Exhibit H., Contract General Terms and N/A Conditions. 1 Page 1 of 8 of the minutes of progress meeting # 18 06/22/99 documenting billable overtime costs to Contractor. 1 Missimer International memorandum to CDM, documenting 07/06/99 the calculation of overtime inspection costs billable to the Contractor. 2 CDM request for credit proposal to Milmir Construction to 06/17/99 furnish and install bahia sod in lieu of St. Augustine sod. 2 Milmir Construction credit proposal to CDM to furnish and 07/23/99 install bahia sod in lieu of St. Augustine sod. 2 CDM letter to Milmir Construction documenting negotiated 07/28/99 zero dollar credit agreed to by County for bahia sod in lieu of St. Augustine sod as a tradeoffwith Change Order Item #6 (Acid Room piping and enclosure modifications) for no additional cost. 3 Pages 1 and 2 of 8 of the minutes of progress meeting # 17 05/06/99 documenting agreement to remove the six hour simultaneous commissioning run of four RO skids from the Substantial Completion requirements. 3 CDM detailed documentation of 47-day time extension to 05/14/99 Substantial Completion. NO ._~. coni='~:ot99s.7~ Page 9 0 C i 2 8 ~G. l; CHANGE ORDER NO. 18 ATI'ACHMENT "B" SUPPORTIVE DOCUMENTATION (continued) Change Order Document Description Document Item No. Date 06/22/99 3 Pages 1 and 2 of 8 of the minutes of progress meeting #18 documenting establishment of the revised Substantial Completion date of May 14, 1999. 07/08/99 4 CDM request for proposal to Milmir Construction for replacement of filter media in four existing odor control scrubbers. 4 Milmir Construction cost proposal to CDM to replace media in 07/15/99 four existing odor control scrubber towers, add a 12-in. dia. access opening at the top of each of the four towers, and replace three existing, clear manway covers in each of the four towers with solid covers. 4 M&E memorandum to CDM documenting acceptance of the 07/27/99 additiona! costs for the additional work on the four existing odor control scrubber towers. 4 Milmir Construction response to CDM regarding the M&E 07/28/99 request for submittal of new access opening location and installation details. 4 Milmir Construction revised cost proposal to CDM to replace 07/30/99 media in four existing odor control scrubber towers and other scrubber modifications. 08/06/99 5 Previous Milmir Construction cost proposal incorporated in approved Change Order No. 11 documenting potential additional costs if existing Tamiami raw water main entering the NCRWTP is found to be FRP upstream of the north pipe connection flange on the existing tee outside the gate. ........,199s.71 D' ge I t3 0 C p~. /3 ' CHANGE ORDER NO. 18 ATTACHMENT "B" SUPPORTIVE DOCUMENTATION (continued) Change Order Document Description Document Item No. Date 5 Milmir Construction cost proposal to CDM for replacement of 08/16/99 additional FRP fittings in the existing Tamiami raw water main into the NCRWTP. 5 Milmir Construction revised cost proposal for replacement of 08/17/99 additional FRP fittings in the existing Tamiami raw water main. 5 M&E memorandum to CDM recommending approval of the 08/17/99 cost proposal to replace additional FRP fittings in the Tamiami ra~v water main. 6 CDM request for proposal to Milmir Construction for Acid 07/14/99 Room piping system and enclosure modifications. 6 Milmir Construction cost proposal to CDM for acid piping 07/20/99 system and enclosure modifications in the Acid Room. 6 CDM letter to Milmir Construction documenting negotiated 07/28/99 ~ zero dollar additional cost agreed to by County for modifications to the acid system piping and enclosure in the Acid Room as a tradeoffwith Change Order Item #2 (bahia sod in lieu of St. Augustine sod) for no credit. 7 CDM request for proposal to Milmir Construction to remove 07/14/99 corrosion from two new transfer pump bases, associated discharge piping, hardware and accessories, prepare stainless steel surfaces and paint with a corrosion resistant coating. 7 Milmir Construction cost proposal to CDM to remove 07/23/99 corrosion, prepare stainless steel surfaces, and paint two new transfer pump bases and associated discharge piping, hardware, and accessories. C°llier~co199s.71 ' Page 1 1 CHANGE ORDER NO. 18 ATTACHMENT "B" SUPPORTIVE DOCUMENTATION (continued) Change Order Document Description Document Item No. Date 7 M&E memorandum to CDM accepting the additional costs in 07/27/99 the proposal to clean and paint the two new transfer pump bases and associated piping, hardware, and accessories. 7 Milmir Construction response to CDM regarding the M&E 07/28/99 request for submittal of stainless steel surface preparation details and an extended warranty on painting workmanship. 8 Missimer International letter to Collier County PWED regarding 05/21/99 the reduced flow capacity of well #9 and proposal to investigate/video the well. 8 Milmir Construction cost proposal to CDM for video and 08/24/99 related work performed by Youngquist Bros. 8 Article 23.2 of Exhibit H, General Terms and Conditions N/A of the Contract Specifications, which describes payment responsibilities for defective work. 9 Page WS-IB-5 of the Instructions to Bidders, Section 11, i N/A describing how installed quantities of unit price items of Work are paid for. 9 Missimer summary of final installed quantities of unit price items 08/19/99: associated with the installation of well #3. 9 Reconciliation summary of actual installed quantities and costs 09/07/99 of unit price items of Work associated with the installation of well #3 as verified by Missimer, CDM and Milmir Construction. 10, 11 Milmir Construction cost proposal and request for a time 08/24/99 extension to CDM for replacement of the existing sulfuric acid day storage tank and existing pipe, valves and fittings in the Acid Room. 10, 11 M&E memorandum to CDM agreeing with the Milmir cost 08/25/99 proposal and request for additional time to replace the existing acid day storage tank and existing piping in the Acid Room. Collierco199s.71 Page 12 I0el 261§99 ~.,, /~- such work must, if requested by Project Manager, be uncovered observation. Such uncovering shall be at Contractor's expense ul Contractor has given Project Manager timely notice of Contrac, intention to cover the same and Project Manager has not acted reasonable promptness to respond to such notice. If any Work is co, contrary to written directions from Project MaDager, such Work mus! requested by Project Manager, be uncovered for Project Mana~ .... observation and be replaced~a~contr~cto~'s sole expense,.. ~ ~,1,~~=-'=''~ I~,,, q... ~ ..... ~ii~'" ....... ~'T--~ 22.4. The Owner shall charge to Contractor and may deduct from any pa~ due Contractor all engineering and inspection expenses incurred by t in connection with any overtime work. Such overtime work consistir ~ any work during the construction period beyond the regular eight (8) ~_ day and for any work performed o~ Saturday, Sunday or holidays. "'i'---" ' ~ '~ ...... ~ ' - ~ -- ~ ' 22.5. ~either observations nor other ~ctions by the Project Manage D~sign Professional nor inspections, tests or approvals by others : · .relieve Contractor from Contractor's obligations to perform the Woz 'accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents warranties made or assigned by Contractor to Owner shall be defective Work. If required by Project Manager, Contractor shal directed, either correct all defective Work, whether or not fabrici installed or completed, or if the defective Work has been rejecte Project Manager, remove it from the site and replace it with defective Work. Contractor shall bear all direct, indirect consequential costs of such correction or removal (including, but limited to fees and charges of engineer~, architects, attorneys and professionals) made necessary thereby, and shall hold Owner harm!es~ same. 23.2. If the Project Manager consider it necessary or advisable that co' Work be observed by Design Professional or inspected or tested by Contractor, at Project Manager's request, shall uncover, expos~ otherwise make available for observation, inspection or ~ests as Pr~ Manager may .require, that portion of the Work in question, furnishin{ necessary labor, material and equipment. If it is found that such .is defective, Contractor shall bear all direct, indirect con. sequential costs of such uncovering, exposure, observation, inspe~ and testing and of satisfactory reconstruction (including, but limited to, 'fees and charges of engineers, architects, attorneys other professionals) , and Owner shall be entitled to an approp~ decrease in the Contract Amount. If, however, such Work is not four be defective, Contractor shall be allowed an increase in the Con1 Amount and/or an extension to the Contract Time, directly attributab2 such uncovering, exposure, observation, inspection, testing reconstruction. WS-CA-H-20 COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Tuesday, June 22, 1999 9:30 a.m Minutes of the previous meeting: · No comments or exceptions were taken to the minutes of the previous meeting and they were accepted as written. Contractor's report on progress since the previous meeting: · Contractor provided typed outline ofwork completed. A copy is attached to these minutes. Contractor's forecast of work to be performed (30-day look ahead) in the period prior to the next meeting: · Refer to typed outline of work proposed for the next 30 days. Copy attached. · Per Jimmy Brock, Youngquist Bros. to have well drilling rig and equipment on well site #3 the first week of July. · Milmir to begin replacement of 30" FRP Tamiami influent line to plant in approximately 2 weeks per Jimmy Brock. Milmir to coordinate plant shutdown schedule with NCRWTP staff Observations, issues and conflicts: · Outstanding RFIs: · None. Outstanding PCOs: · #17 - To include the following: · Missimer overtime well inspection ($8,840 extra) - Missimer to submit documentation of inspection costs reduced to $7,514 discussed as billable to Milmir/Youngquist. CDM to forward to Milmir. · Deletion of handrails at well houses ($5,257 credit). · Reassembly of 30" HDPE spool piece and orifice flanges with new gaskets and O-rings in Tamiami influent line ($4,013 extra) - M&E to provide review/recommendation memo. ~0 -Pagelof8- 0C ~'G. 17 TO: FROM: DATE: RE' MlSSlMER INTERNATIONAL. JUL 8 ~ COLLIER CO. FIELD OFFICE MEMORANDUM Adam Sobolewski, P.E. Camp, Dresser 8, McKee Kirk Martin, P.G. July 6, 1999 Weekend Construction Inspection Costs Collier County NCRWTP 8 MGD Expansion CDM- CO:J .,r' .... ,.-) CON.~ R ..... :" ,r BID NO 97-269OR CL)M PN: 6295-21728 We are providing additional clarification on the referenced subject as discussed at our recent meetings and in previous correspondence, most recently dated May 14, 1999. The following cost analysis and invoice revision is offered in an effort to exclude any labor that is considered covered by our original contract. The weekend inspection services are defined as overtime work in Item 22.4 of the Contract General Terms & Conditions (Page WS-CA-H-20), and subject to time and a half billing rates. Also, as explained in previous correspondence, the 100% on-site personnel coverage dudng weekend work exceeded our contracted supervision coverage of approximately 65% of construction activities. The weekend work (130 hours)is therefore divided into two components: the normal contracted supervision component (65% coverage), and the full time, non-contracted supervision component (35%). The average billing rate for supervision is $68/hour as previoUsly derived. : The overtime contractor pay premium for the normal supervision component is: 130 hrs. X $34.00 = $4,420.00 The $34.00 rate is the time and a half rate minus straight time rate. The straight time is not billed in this case since it is assumed to be a pad of our original contract. The cost for the weekend work premium is: 130 hrs. X 35%: 45.5 hours X $68.00: $31094.00 The sum of the two components, $7,514.00 is an equitable method of billing for the weekend work that would exclude the "normal supervision" coverage that is considered part of our odginal contract agreement. If you would like to discuss this derivation, or any other cost issues, please contact us. pc: Pete Schalt, Collier County OCPM FH7-476.M4 8140 College Parkwoy, Suite 202 Fort Myers, Flor,do 33919 CDM Camp Dresser & McKee Inc. 1342 Colonial Boulevard, Suite F44 Fort Myers, Fiodda 33907 Tel: 941 275-8575 Fax: 941 275-8141 June 17, 1999 Mr. Donald Klose Vice President Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue /acksonville, FL 32208 Re: NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1137 Request for Proposal FA_CSm LE Dear Mr. Klose: As previously discussed, please provide this office with your credit proposal to furnish and install bahia sod in lieu of St. Augustine sod specified in Section 02480. Include for comparison, sod costs per square foot for bahia and St. Augustine and the estimated total square footage to be placed, to allow evaluation of your proposal. You may want to consider placement cf sod in disturbed areas in the near future, since recent rains are causing significant erosion, which in mm will require replacement of fill, regrading and restoration, particularly around the new Crom tank and along the site fence on the east and south sides of the new tank. Should you have any questions, please give me a call. Very truly yours, CAMP DRESSER & McKEE INC. A~S~obolewski, P.E. AMS/imp File: Pete Schalt, PWED Nick C_oope_r, M&E Jimmy Brock, Milmir Richard Moore, CDM G-10I, G-101.1, C-500.1/FTM G-101.I, C-500.1/F OCl 2 g ~I I~IR Milmir Construction, Inc. P.O. Box ~.-.k617 Rowe Ate. -..ksonv,ac, Pb0ae: (904) 768-2300 ~,E: Bahia Sod in lieu of St. Augustine PROJECT: N. Regional WTP 8MGD Expa~ion TO: Att'n: Adam Sobolewski, P.E. Camp, Orc~r & Mckcc, l.n~. 8011 Vanderbilt Beach Road Ext. Naples. FI. 34108 Phone: (9,11) 352-55?5 Fax: (941) PRoPOSV, n CHANGE ORDER No. 0042A DATE: 7f23/99 JOB: 9801 CONTRACT NO: 9801-MA~' CDN1- ,"ct,... I~E,l_. i:3 CONSTF~.JL 1'.0;'4 3, CS CO BID NO: 97-2690FI CDM PN: 6295-21728 lllq Unit Gait: Unit Tax: $0.00 Lump Sum: $0,00 Lump Tax: SO.O0 Total: (S,.~,C,67.20) dUL 2 3 19~ CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE 07/23/99 i5'20 By: Adam $obo!m;~s~, P.E. Date: O Cl 2 6 1999 CDM Camp Dresser & McKee Inc. 1342 Colonial Boulevard, Sulle F44 Fort Myers, Florida 33907 Tel: 941 275-8575 Fax: 941 275-8141 July 28, 1999 Mr. Donald Klose Vice President Milmir Cormn~tion, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1195 Tradeoff of Change Proposals 40A and 42A VIA FACSIMfI.F Dear Mr. IGose: This letter is to confirm your proposed trade, off of Change Proposal 40A with Change Proposal 42A, per our phone conversation of 7/26/99. The County concurs with the trade, off as follows: Change Proposal 40A: Modify the acid system piping and raise the acid system plexiglass enclosure as detailed in the 7/14/99 request for proposal $ 4,712.00 Change Proposal 42A: Furnish bahia sod in lieu of St. Augustine sod at plant and well house sites as detailed in the 6/17/99 request for proposal. ($3,067.20) The Acid Room modifications (piping and enclosure) will be furnished and installed for no acldit~onal cost, and bahia sod will be furni~ed in lieu of St. Augustine for no credit. Should you have any questions, please give me a call. Very truly yours, tCAMP~. ?SER & McKEE INC. CC: Pete Schalt, PWED Nick Cooper, M&E Jimmy Brock, Milmit Richard Moore, CDM File: G-101, G-101.1, C-500.1/FTM ' O-10l.l, C-500.1/F 0CT 2 6 COLLIER CO~INTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Thursday, May 6, 1999 I Minutes of the previous meeting: · No comments or exceptions were taken to the minutes of the previous meeting and they were accepted as written. Contractor's report on progress since the previous meeting: · Contractor provided typed outline of work completed. A copy is attached to these minutes. Contractor's forecast of work to be performed (30-day look ahead) in the period prior to the next meeting: · Refer to typed outline of work proposed for the next 30 days. Copy attached. Observations, issues and conflicts: · Outstanding RFIs: · None. Outstanding PCOs: · //16 - To include the following: · County overtime inspection ($1,014 credit) CDM overtime construction management ($5,707 credit) · Deletion ofnew static mixer in Tamiami 30" influent line (5; 16,701 credit). · Transfer Pump Station v. entilation system modifications. $39,548 cost proposal received from Milmir on 4/21/99. Late entry: Modifications being revised by M&E. Will require revised proposal from Milmir. · Time extension to Substantial Completion ($0.00). Milmir submitted proposal on 4/30/99 for 40 days. CDM, M&E and County to evaluate. a //17 - To include the following: · Missimer overtime well inspection ($8,840 credit) - subject to further substantiation by Missimer and discussion among Missimer, CDM, County, and Milmir. -Page 1 of 8 - ~t0 .~~.~ 0£T 2 6 1§99 Deletion of handrails at well houses ($5,257 credit). M&E still confirming with County that handrails are not needed. Milmir to check if Certificate of Occupancy has been received and if it includes handrails. Chlorine Storage area cylinder feed modifications. M&E provided modification details on 5/6/99. Late entry: CDM sent Milmir a request for proposal 5/13/99. New degassifier duct support structure - Designed structure will not fit due to lack of available space. M&E to review and provide alternate support details for subsequent proposal from Milmir if support is necessary. NCRWTP Generator Room ventilation modifications - M&E to review and provide modifications details. Additional pipe bollards at twin backfiow preventers - Milmir to submit proposal to furnish and install 5 additional bollards. Pending Change Orders: //15 - Twenty two (22) items for a net additional cost of $353,473.17 and a 90-day time extension to Final Completion only. · Change Order requires County Board approval, scheduled for May 11, 1999, per PWED. Late entry: C.O.//15 was approved 5/11/99. Other issues: · · Coordination of new plant facilities commissioning. · Commissioning began on 4/20/99. · Running four new skids simultaneously for six 1-hour periods remains to be done, but cannot be done until at least two more wells are on line to provide sufficient raw water. · Completion of commissioning/performance requirements required for .' Substantial Completion. CDM, M&E and County to consider same in evaluation of time extension request to Substantial Completion. · All attendees agreed to take requirement for running all four new skids simultaneously for six l-hour periods or six hours total out of Substantial Completion due to unknown date when more raw water ~" wells become available. · Substantial Completion inspections: · Wellfield walk-through inspection conducted this morning, 5/6/99. · NCRWTP walk-through inspection scheduled for Monday, 5/10/99 at 9:30 a.m. and was conducted at that time. · Late entry: CDM prepared punch lists from wellfield and WTP inspections with input from County staffand distributed copies on 5/13/99. · Philips Automation remaining work and training: · Philips Automation has continued debugging and correction of deficiencies with operation, control and instrumentation of plant facilities. - Page 2 of 8 - [ OCi 2 6 1§§9 COLLIIV. R COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANC~ ORDER HO. 18 May 14, 1999 ~'ustltication for time e~ension to Substantial Completion The previously approved Substantial Completion date was March 28, 1999. lV~lrnir Co~tmctian was prepared to install the Hydr~_-sutics membrane elemenis on March 10, 1999, complete membrane element installation and end cap reinst~ll_s, tion on the RO skid pressure tubes on March 14, 1999 and complete the 2-week COrnm'_t~J_'onlrlg Ofall fOl.~ lS~:idlt by the March 28, 1999 Subs~n_6~ml Completion date. The last of the Hydrammtics end adapters to be installed on 280 pressure tubes, were not received until March 23, 1999, ami installalion or,he emi adapters mhd other end cap hardware was completed on April 3, 1999, Required flushi~g of skids, at~er membrane element installaIion and end cap hardware installation, began on April 1, 1999 and was completed on April 7, 1999. The elapsed time betwee, n 1V~ilm~r's anticipa~d start of co~onizlg and completion of skid flt~shlng was 24 calendar days. Cor~mlssioni~ of the four R.O skid~ could not begin tm61 samples of water from flushed skids had been tested and analyzed for pollutants ami approved by FDEP as po~able wal~er. The last water ~rnple from flushed skid #7 was taken April 7, 1999. Final sample te~t results ami s_r~lyses were completed and provided to FDEP for approval on April 16, 1999. The FDEP Letter of Clearance to place the expansion ~4.h'ties into service (i.e., beEin commissionin~ was r~ from FDI~P on April 19, 1999. The elapsed time between the Last water sample taken, performance of sample testin~ and analyses and FDEP clearance to begin commi.~sioning ~ 12 calendar days. Upon receipt o£the FDF.,P Letter of Clearance, the 2-week com~saionhlg period of the four new" RO skids commenced (April 20, 1999) and was part/ally campleted by May 7, 1999. The requirement of commissioning that all four skids must be mn simult~_~eously for a total of six hours could not be conducted due to lack of available raw water. Sufficient raw water to run four skids simultaneously was not available because samp~ testin~ and analysis of samples from new raw water wells #1, #7 a=d #11 were incomplete, a~d the required FDEP Letter of Clearance for wells #1,//7 and #11 had not bee~ issued. The commissioning requirement to run the four KO sld~s simultaneously was therefore moved from Substantial Completion. Following partial completion of commissioning of new plant facilities on May 7, 1999, debugging and correction of various deficiencies in the operation of exp~.nsion facilities with the new computer system _s_,d_ sot~cware were necessary. Training ofpl~t operations staffon operation oft-he expansion facih~es with the new computer system 0.n.d soRware also remained to be conducted, upon the 09/08/99 13:04 TX/RX N0.3332 ] 0CT 2 6 1999 P.OI3 Sk-~. ~. 1999 ~: 11P.~ C~IP DRESSER NCKEE N0. ~ P. 14 May 14, 1999 justitcation for time extension Page 2 majorky of d¢~ciencies bei~ worked oui. At Progress Meeting #17,'held on May 6, 1999, the County stipulated that training on the operation of expansion facilities with the new computer and so/tware must be provided for Substantial Completion and completed by May 14, 1999. Some trahfing on the new comptrter system and software was conducted by P~lps Automalion on May 13, 1999, The dapsed time between the start of comrnissionin~ and the d_.~_,ttine date of May 14. 1999 was 25 calendar days. Several pLant shutdowns were a~so requir~l to allow l~l..?r W complete connections of new equipment and systems to the overall plant operation. These included terminan%n of power cables fi.om new plant generators #1 and//4 in existing switchboards (completed on April 23, 1999) and switchover of the temporary Tami~n~i influent acid feed system to the permanen~ installation (completed on May 4, 1999). Both of the required shutdowns for these tasks were scheduled by plant operations staff and could not be scheduled earlier due to the ongoing regional droul~h~ conditions and the necessity to maimain continuous operation of ex/st/nE plant/hcilifies to keep pace with the current water demand. Ail of the above descn'bed delays were beyond the control of M!lmlr. The o___mmlafive delay based on each of the above items (excluding the two days ofpl_s~ shutdowns for tie-'ms), which were additive and not concurrent, is 61 days, from March 14, 1999 (start ofori~nal anticipated connniss~_i-2) to May 14. 1999. The period from March 2B, 1999 (previous Substamial Completion da~e) to May 14. 1999 is 47 days and is the time ex~__eo___~ion calculsted and n~essary to Substantial Completion Reference the attached bar chart schedule. 09/08/99 13:04 TX/RX NO.3332 o c] 2 6 1§99 ?.014 I OCT 2B1§§9 COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Minutes of the previous meeting: · No comments or exceptions were taken to the minutes of the previous meeting and they were accepted as written. Contractor's report on progress since the previous meeting: · Contractor provided typed outline of work completed, A copy is attached to these minutes. Contractor's forecast of work to be performed (30-day look ahead) in the period prior to the next meeting: · Refer to typed outline of work proposed for the next 30 days. Copy attached. · Per Jimmy Brock, Youngquist Bros. to have well drilling rig and equipment on well site//3 the first week of July. · Milmir to begin replacement of 30" FRP Tarniami influent line to plant in approximately 2 weeks per Jimmy Brock. Milmir to coordinate plant shutdown schedule with NCRWTP staff. Observations, issues and conflicts: · Outstanding RFIs: · None. Outstanding PCOs: · //17 - To include the following: · Missimer overtime well inspection ($8,840 extra) submit documentation of inspection costs reduced to $7,514 discussed as billable to Milmir/Youngquist. CDM to forward to Milmir. · Deletion of handrails at well houses ($5,257 credit). · Reassembly of 30" HI)PE spool piece and orifice flanges with new gaskets and O-rings in Tamiami influent line ($4,013 extra) - M&E to provide review/recommendation memo. -Pagelof8- 0 PG. ,3 7 Time extension to Substantial Completion (47 days to May 14, 1999) - Contingent upon satisfactorily running four RO skids simultaneously for six hours when sufficient raw water wells are available. , Generator Room ventilation modifications ($20,558 or $28,596 extra) - County desires to go with $20,558 proposal contingent upon approval from the Water Department. M&E to provide review/recommendation memo. Pending Change Orders: · None. · Change Order #16 has been administratively approved by County and distributed. Other issues: · Chlorine storage area cylinder feed modifications ($14,858 extra) - After discussion, it was agreed to hold proposal until all skids are on line running, and maximum chlorine requirements can be confirmed. Process operation, efficiency and desired modifications to be reviewed/discussed between M&E and NCRWTP staff at that time. It was noted that Milmir requested a decision on proposal by June 21, 1999. · Completion of new plant facilities commissioning - Four new RO skids to be run simultaneously for six hours upon availability of a sufficient number of raw water walls to provide required quantity of raw water. Well # 11 is now approved for placement into service, and well #1 approval is anticipated the week of June 21, 1999. · Substantial Completion status - May 14, 1999 to be established as the Substantial Completion date contingent upon completion of the .. commissioning requirement that all four RO skids be run simultaneously and satisfactorily for six hours when sufficient raw water is available to supply four skids. · Hydranautics membrane performance - M&E to review and discuss with Hydranautics, the modeled performance report of the new membranes with the raw water data provided earlier. · Acidification of well #7: · Missimer has submitted their report to County. · Missimer to submit proposal for further acidification ofwell #7, based on improvement of well production after first two acidification procedures. · Current samples of well #7 water (well rechlorinated on 5/28/99) are failing bacteriologic:al criteria. It was discussed and suggested that the County draw samples from the top of well and from the injection point approximately 100 feet down and compare bacteriological test results. It was also suggested that County review the bacteria analysis for well #7 for abnormalities. A~E~ :~ -, -Page2of8- 0el 2 CDM Camp Dresser & McKee Inc. 1819 Mare Street. Suite 1002 Sarasota, Florida 34236 Tel: 941 363-9696 Fax: 941 363-0089 July 8, 1999 Mr. Donald Klose Vice President Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 Re: NCRWTP - 8mgd Expansion VIA FACSIMILE County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1168 Request for Proposal Dear Mr. Klose: As requested by NCRWTP operations staff, please provide this office with your cost proposal to furnish and replace all the 2-inch and 3VMnch filter media in the four (4) existing odor control scrubber towers. Include the appropriate breakdown of labor, material and equipment costs to remove and dispose of the existing media and install the new media. Per Randy Garay, he has four (4) boxes of new 2-inch media in stock, so the quantity of 2-inch media to be furnished, is accordingly reduced. Please address whether this additional work will have any impact on the current Final Completion Date of September 26, 1999. Should you have any questions, please give me a call. Very truly yours, CAMP DRESSER & McKEE INC. Adam Sobolewski, P.E. AMS/alt Attachment CC; Pete Schalt, PWED Randy Gamy, NCRWTP Nick Cooper, M&E Richard Moore, CDM File: G-IOI, G-101.1, C-500.1/FTM G-101.1, C-500.1/F i k ~¢o119~ 49 I OCT 2 8 07/15/99 14:42 ~904 768 6494 MILYlR CONST ~ CD~ NAPLES ~001/006 Milmir Construction, Inc. PO. Box 9400-A 1617 Rowe Ave. Sackrmnv~, FL 32208 (904) 76g-2300 (904) 768-649a. TITLE: Scrubber Media & Manways PRO,FECT: N. Regio.na/~ gMGD Expansion TO: Attn: Adam $obolewsld, P.E. Camp, Dre~s~ & lVickee, Inc. 8011 Vm~dcrbih Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 PROPOSED CHANGE ORDER No. 0039A DATE: 7115/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: ~ M]RCO Number:. 0039A Per t~ ~g for ~ ~ ~ ~M ~ 7~D9 ~ pro~ to ~ ~¢ foB~g ~ on ~h of m~ four ~or ~I ~. Scope of Wark: I. Remove the wozring m,~3n aaad dispose ~ ~im. 2. ~ new 3-1/2" ~d 2" m~ (~W to ~ four ~x~ of n~ 2" m~ia fo~ ina~ ~ ~l~r). 3. I~i ~w 1~" ~1~ ~. 4. ~ e~-~ng ;~ 24' ~ ~s and ~pla~ ~ ~iid (opaq~) ~gl~ ~. Due to thc iml:~neti-E c, omp~tion afthe proj~:t we will ne~d verbal attthori2ation W pt _oc-e~__ no later ~hnn Suly 23, 1999. CDM - COLL{E~ CO CO~ ST~!_",~'r ~.~'~ 6'v"7S CO BID NO: 97-2690R CDM PN: 6295-2~ 728 oc. / Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: JUL $0.00 $42,243.00 -.,,,. so.oo . 15 ~999 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE APPROVAL: '"'- I5-o n~ d"'~L,' YA o se, V.P. 07/15/99 14:50 By: Date: TX/RX Adam Sobolewsld, P.E. 07,'15,'99 14:42 ~904 765 6494 ~IL,YlR CONST 07/15/99 14:50 ~ CDM NAPLES TX/RX NO. 3122 002/006 'l 07,'15,'00 14:43 '~004 765 6404 07/15/99 CONST 14:50 ~- CD~ NAPLES ~ 003,'008 14:43 ~'P04 768 6494 YlL,YlR CONST ~ CD~ NAPLES ~004/006 T£C~IC~L T~T~ENT P~GC 0~ A~: Propasal: July 15, 1999 1617 Rowe Ave- Jaeksonvill'e, lqoridn. 3,2208 Don Kiose Media replacemen, t 99-2635 Than~ you ;'u,-'a/fowfl~ Tr$ w p,u~ yuu w/th d~c f'vflo~ cosrpropa~a/for'the above meat/on project. The follow/nE is · break down for zh¢ scope of work proposed by TT$ to comp~c r~e mcd/a~ replacemerrt-on-ttm rvwez~ OTher~ not m~ticm in the Sr;crpe ofa~c~k will supply the medi~, crane, man 1Lft and disposal of the me, die. Scope of work: Remove 1'60 cu ~ af~' Tri-pack u~..,d as the n~s'rdtminaror-from ~J] 4 towe~ mjd r~lac,~ ~ith n~w 2" media back into th~ 2 stage two towers only. new 12~ manways on Fop of the octor controt'towcr$ to gain acc=ss to the media. Total cost for the project .....................................................................$13,702.00 Option: Insr~tt t2- new 24~sofict fd~Tgtas~ zna. n~a:r ~.~.,.v-~[5 c~'d'm to~ ~'~ ~ ~t. To~ ~st for covm ........................................................ ....,.. ..... , ........ ~,4~.~ 07/15/99 14:50 TX/RX NO.3122 ~ 07/15/0~ 14:43 · g~904 708 0494 MIL~IR CONST ~ CDY NAPLES ~005/006 Tcc~cai T,~arn'tm~ Ser~c~, I,~ ~ rrrms and ccrn~, a copy c~ wtf~ i~ included with each proposal, apply to all cran.~actions. Full payment is du~ Net 30 days artec eactr tov~.ris compl~ Tccknic~ Trea'nnem-S~, I'nc will ncn-acc~ Fayment r~ainagc and / or lisuidat~l 4582 o 07/15/99 14:50 TX / Rx O Cl 2 G 1§§9 NO. 3 1 2 :~. 0 :~; '.., - [] 07/15/99 14:43 ~904 785 84~4. NII~IR CONST ~' CD~ NAPLES ~J008,'008 ~4 {&UOTATION 160~ ~m ]l~)ed ~r&to~a, FL 34240 Do~r 1~. lVhus' Th~nk you for your rcr.~t inquiry fo~ pi~i.8 wpp]i~ by Jie~gr Pro.ors, ~c. ~ rW~f~ W y~ ~ueK, we ~c pl~m~ m ~ ~ follo~flg ~u~ion cost to Collier County is &p~axim~cly S2,550.O0 Piym~-~t Tes'm=. AwHsblliw: ;:OB El Dor~o. KS. Stock Q~ion i0 v~id for thh'~y (30) dmyl ~om the a~ve d~. We a~reoil~ yo~ intet~t in our produets ~ad ~r~4o~-~. Shauld y~ have quemt/ems off ~.ny o~'t,i~ ~,ov¢. plcug do ncx he~irJ~4 fo ~.~.~_ et,,~t rm.. dy, The ~acob~ Oroup 07/15/99 14:50 'FX/HX NO.3 JUL ~ F ' ~ ~:~ Memoraild u in I! I AQUA ALLIANCE. FrLE: TO: FROM: SLrBJ~CT: 022015 Adam $obo!~.wsk], PE Camp, Dresser & McK~, Inc. Nick C~p~ NCR~P Exp~ion PCO 39&- Odoc ~ntmi S~b~s DATE: )uly 27, 1999 we have reviewed Milmir's e.qimate for replacing media and modi .lying th~ tbur sc. rubbers as reclUe~ed by the County. We find thc estimate acc. cptable. We request submittal of details (location, attachment dc'tail) for the new 12= m-nways CDM - COLUER CO. CONSTRUCTION SVCS CO BID NO: 97-269OR CDM PN 6295-21728 ed' JUL 27 1999 CAMP DRESSER & McKEE COLUER CO. FIELD OFFICE 07/?,7/99 08'38 TX/RX N0.3i57 P.OO2 07.'25.'0~ 0.~:~ 'l~'004 76.9 6404 ~IIL~IR CO~ST ~ · t.:D~t NAPLES ~0o1.'004 Milmir Construction, Inc. P.O. Box 9400-A ~[.617 ~ Aw. ksonvlllc, FL ]22o~ Phone: (004) 76g-2300 F~x: ~90~,) 768-45494 BULLETIN No. 00004 TI'II,E: Clarification ofPCO No.39A DATE: 7/28/99 PROJ'E. CT: N. R.egiom~ V~'TP 8MGD Expansion TO: ,~*tn: ,Zutam Sobolewski, P.E. Camp, Dreaaer & Mekee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FI. "~4108. Phone: (941) 352-5575 Fax: (941) 35:2-5579 JOB: 9601 STARTED: COMPLETED: REQUIR_ED: 8/4/99 IIdPle~l~al~;I~:l~.-~.. ........ .z,,.~:,.,'.,~ ........ .~ .,~ ~,2 .... :~,.,.;~.,,.a.~-.;,..::l~-"~.~ ..~.::,-9...:~,,~,~,-¢~,e~,*~t,~"e ~.._,,., ...a..:~..r.:.' ..... l~'...~.x~-.,---~:~,,.-:,.--:-:~.:F.-m,~:'e-:..:- ..... ;.....~:... ~ -.. Per your requ~t for submittal of de'tails regarding the location ~.d att~hment of the 12-inch rv2.nways being added to the e,~isting scrubbers under our PCO No 3OA we can offer the follo~/ng additional The manways will be located on the very, top of the un/t at the mo~t optimum location for access !o the scm, bbc: internals. Final location will be approved by Randy Garay prior to be~n.ning installation. The manways are beL-_g ingtalled Mark Mans, of TTS, who Iaea worked closely v, mh Duall, the manufacturer o£ thc scrubber. The manways will be gl~ssed in consistent with the recr~mmendmions nfDuall and comiztenl wkh the ~ame proccdu,c~ used on the three eximJng dog.sifters whan we enlargex:l the manways on tho~ units. cc: Nick Cooper, M&E t~ . CC)! STRUCT ON 5; 'S CO BID NO. 97-2690R CDM PN: 6295-21728 JUL 2 8 1990 CAMP DRESSE.R & McKEE COLLIER CO. FIELD OFFICE 07/28/99 Dat~2 08:34 7~gg TX/'RX ul/ou,'uu /o:~u '~'Yo4 ?o~ ~4~4 MIL~IR CONST **~ NAPLES ~ot~l,'O03 Milmir Construction, Inc. P.O, Box 9400-A 1617 R~wc Ave. Iacksonv,.lle, FL 32208 Phone: (904) 768-2300 Fsi: (904) 768.6494 PROPOSED CHANGE ORDER No. 0039B TITLE: Scrubber Media & Manways PROJlgCT: N. Regional WTP 8MGD Expansion TO: Arm: Adam Sobolewski, P.E. Camp. Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road l~xt. Naples, FL 34108 Photo: (941) 352-5575 Fax: (941) 352-$579 DATE: 7/3 0/99 JOB: 9801 CONTRACT NO: 9801-MAJN RE: PCO To: CDM From: M]LM~CO Number: 0039A ~S~D FOR ~DI~ON~ O~ ~S~ ~D~ Per thc l*,~ue,~t for Proposal isau,-d by CDM dat~l 7/8199 we prOl~ to pe..'lerm the following wm.k on ~aeh of th~ roux c.x, mmg odor comxol scrubbers. $co1~ of Wo~: IRr. mov¢ thc ~ m~tia aad ~se af 2. Install new 3-1/2~ ""'~ 2" m~l~a (Couaty ~o Mflmir, bo.,c~s to c~ntaia 10-cubi= f~ of mm:Lia l~t box). 3 Ia~tall n~w 12" fibcrglar~ manway. 4. Remov~ ¢~a~xi~g cl~r 24" ~_.Wsy covers ~ CDM - COLI.*~m Cf) Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: S41,359.00 Lump Tax: $0.00 Total: $41,35~.00 JUL 3 0 1999 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE APPROVAL: Donald L. Klose, V,P. Date: 7130/99 By: Date: Adam Sobo]ewski. P.E' .o. 11. 0Ci 2 6 1S99 oo ~ uu2,'u03 0?/30/99 13:59 ~904 768 6494 ~ILMIR CONST NAPLES 003/003 Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Ave. Jacksonville, FL 32208 Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CHANGE ORDER No. 001lB :TLE: Replace FG Raw Water (Tan.~ami) Line PROJECT: N. RegionaI WTP 8MGD Ex TO: Camp, Dresser & Mckee, Inc 8011 Vanderbilt Beach Road Naples, FL 34108 ATTN: Adam Sobolewski, P.E. RE: PCO To: CDM AUG I0 ~ CAMP DRESSER & Mc. KE, E COLLIER CO. FIELD OFFICE DATE: 8/6/98 ![OB: 9801 :ONTRACT NO: 9801-MAIN From: MILMIRCO Number: 001 lA .:~.~_~..,~..:~ .~;:;j, - · :. :, '.~r;.:, · ~:~~-n~e'-.sa~.~:Z4~.F. :v:. ~e foilowEg proposal h~ been revhed ~g HDPE pi~ ~d fiaEgs m~ufacmred by U.S.Filter~ife ~ leiu of PlexcoH~o ~dus~ies ~ o~g~ally quoted ~ PCO NO. 1 IA. O~ ofig~ decision to ~e PlexcoH~o w~ b~ed on ~e fact ~a ~ey were ~e approv~ supplier for ~e ~PE pi~ used on ~e b~e ~n~ct. It is now obvio~ ~at ~e~ material prices for ~h ch~ge we~ not ~m~fitive ~d we needed to get quotes ~om o~er suppliem ~e cost savE~ ~p~nt~ by ~is revised pro~ ~ wholely ~e ~sult of more com~titive mate~al prices received 5om U.S.Filterffife. We have a~ch~ a ~m sheet on ~e~ mate~al ~ifi~o~. Per Request For Proposal, dated J~e 15, 1998, we propose t~.~ish all labor, mate~al, ~d equipment n~ to remove ~e exist~g " w water ma' ~i~ ~ re~lace wi~ 30 RDR I I ~Pg nine ~d fi~inv~ (fi~gs ~e~t~d f~r 190 nsi~r amched 30 fi~rgl~s~ ~ - ~ ~- _ _: .~_- ....... : ~.,:.:z. z:7-: -fi~_:z~d 6n-~e ~fo~ation~r~id~ we will ~g~ at ~e no~b~ch o~e e~g 30 tee, ~iately~ ~u~ of ~e pl~t en~ce gate ~d tek,ate at ~e exist~g 30" valv~ approximately 6 west of ~e ~ Bulldog w~t wall. J Due~ concerns wi~ ~ possible faille of~e exist~g fi~rgl~ pipe, we have b~ed our propel on ~e follow~g e Mve not po~oled ~e l~e along V~derbilt Beach Road Extension to dete~e ~e extent of fi~rgl~s pip~. ~is will be done r s~-up of~e Ha~ome system so a bac~p so.ce of water is available should ~er~ ~ a 1~ f~a d~g ~e po~ol~g d ' ' ocedur~s, ieee ~xist~g fiberglas I~ is found to extend ~yond ~e sco~ of~is proposal we will ~n prep~ a supplemen~l ch~ge er to ad,ess ~e additional pipe ~d fi~gs to be repla~ ......... ~ -~ ._ - - b. ~is proposal is b~ed on accompl~h~g ~is work (Ap~ay 1999) aRer ~e s~-up of ~e Ha~ome system. Due to ~e l~ited work ho~ available p~or to Ha~ome ~-up, ~d ~e ~tenfial for fail~e ~Wor d~age to ~e e~g ~e when d~be& we do not &~ it is prudent to anempt ~is wo~ wi~out a bac~p so,ce of water. c. Re-pav~g of~e exist~g pl~t ~v~ ~d p~k~g ~e~ will ~ ~s~ned ~til after ~e completion of~ wo~. d. Completion of~is work will be governed by ~e final con,ct completion date, not ~e subs~tial completion date. Anached is a de~iled cost proposal for your use ~ review~g ~ pro~sal. ~.PPROVAL: . , / ~ 'D~nal~L. Klose, V.P. C1)M - L~l.l./~ CO. CONSTRUCTION SVC~ CC OIST/FILE ~CTION J ,/ ,q. ,...<c~/;''. ~..c~,~ ,~../4o..~-__v,~ .9. ~ ~ ~c~o / ~_~ ~/~/./~' COM PN: 82B5-21728 Unit Cost: 5;0.00 Unit Tax: 5;0.00 Lump Sum: $181,931.00 Lump Tax: 5;0.00 Total: 5;181,931.00 By: Date: AdamS b II uL. I /. U iooo j ¢/ ,,, ,. 15:06 ~904 76~ 64~4 ~II.,HIR CONST ~ CD~ NAPLES ~001/005 Milmir Construction, Inc. P,O. Box 9400-A 16t7 ROWe J_ack~o~will¢. FL 32208 Phonc: (904) 768-2300 Far: (904) 768-6494 TITLE: Additional Work ~ 30" Tamlami Main PROJECT: N. I*,cgional WTP 8MGD Expansion TO; At'tn: Adam Sobolcw~ki, P,E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach l~arl Ext. Naples, FL 34108 Phane: (,941) 352-5575 Fax: (941) 352-5579 PROPOSED CllANGE ORDER No. 0043A DATE: 8/16/99 JOB: 9801 CONTRACT NO: 9801-MAIN CDM - CC, LL E~ CO. C,r.:N'.-:=R[ .': I ;Or,; $ JCS CO BiD NO. 97-2690R CDM PN: 6295-21728 -/Doc 'g i ~ ~ 0 Unit Co~t: Unit Tax: l,ump AUG 1 $ ~ CAMP DRESSE-~ & MCKEE , ; COLLIER CO. FIELD OFFICE: APPROVAl.: Date: 8/I 6/09 08/I6/99 By: A4~m Soboicwski, P.E 05,'17,'V~ Or;50 ~'V04 76~ .6___.~4V4 __HIL~IR CON$'I ~+~ ¢'D_~.~AFLE'5 ~001/005 Milmir Construction, Inc. P.O. Box 9400-A 1617 Pa)we Ave. ~-~d,~onwHc~ FL 32208 Phone: (gO4)'168-2300 ,, ,- Fax; (904) 768-6494 fITLE: Additional Work ~ 30" Tamiami Main PROJECT: N. Rc~sional WTP gMGD Expansion TO: Aim: Adam Sobolewski, P.E. Camp. Dresser & Mckec, Inc. 801 ! Vandcrbilt Beach Road Ext. Naples, FL 34108 Phone: (941} 352-5575 Fax: (941) 352-5579 DATE: 8/l 7/99 JOB: 9a01 CONTRACT NO: 980 I-MAIN This proposal is revi~d ta re/lec~ tlae axea ~ ~g ~y ~thtn ~ ~ plant en~ ~ and not ~m~g on ~ w~ ~d ~c ol V~d~b~ ~ch ~ad E~oa ~ ~ ap~ Da ~t ~1. We pm~e to ~sh ~I lair. martial, and ~pmem nc~ to ~m~ ~c a~itio~l fi~gla~ Ta~ ~w water main piing ~ w~ pl~t a~ ~ad ~a~ and ~la~ ~ ~PE ~ ~d ~ ~~. CDM - COLLIER CO. CONSTRUCTION Svcs CO BID NO 97-2690R CDM PN: 6295-21728 Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $17,296.00 Lump Tax: $0,00 Total: $17,,296.00 CAMP DRESS6R & McKEE COLLIER CO. FIELD OFFICE Donald L. Klose, V.P. 8/17199 , q 08/17.;9~ 09:$8 By: Date: TX/RX NO.3238 Adam Sobolewski, P.E. 0el 2 G 1S99 'I,.~'904 7~ 6494 MII.2ilR CObiST ~,-~-, CD~ NAPLES ~ 002/005 08/17/99 ~IL~IR 09:58 T×/R× CD~t N0.3238 ~APIJ:'$ ~ 000.'00~ 08/17/99 09'58 OCT 2 6 1§99 p~. x/Z,, [ TX/RX N0.3238 P.004 [] O~.'l?,',gg 0g:61 "~'~04 763 08/' 1 ?/99 09:58 TX/RX Memorandum AQUA ALLtANC~ FROM: SlYBJECT; We h~ve reviev~d Milmlr's e~maxe ($17,296) for replacing the fibergla.~ fittlnl~ onthe Tsmiami ~ water pipeline. We find the estimate acceptable. If there m-e any closure pi~w.~s required to connect to ~e ~n~ pi~ ~m ~ ~ be ~o~ ~om ~e ~le ~n pi~ ~ ~e ~P~ fl~e ~tly. ~~ng ~ ~ ~ ~PE ~, ~ch as m~-a-Iug ~ not a~ble. AUG 1 7 ~ CAMP DRESSER & McXEE COLLIER CO. FIELD OFFICE 08/'17/99 16'45 TX/'RX CDM Camp Dresser & McKee Inc. 1342 Colonial Boulevard, Suite F44 Fort Myers, Florida 33907 Tel: 941 275-8575 Fax: 941 275-8141 July 14, 1999 Mr. Donald Klose Vice President Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jac -ksonville, FL 32208 NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1174 Request for Proposal VIA FACSIMILE Dear Mr. Klose: As requested by the County and previously discussed with Jimmy Brock, please provide this office with your cost proposal to furnish and install modifications in the Acid Room as outlined below: Replace the 1" diameter elbow on the feed line to the easternmost acid pump with a tee, extend l" diameter pipe from the tee to the exterior of the east side of the enclosure, install a l" valve and connect to the pipe designated by plant operations staff. Above modification and layout to be confu'med with operations staff. ' Extend the front and east side vertical plexiglass enclosure faces upward to a height acceptable to operations staff and fasten'restrain in place so the fasteners can be' removed, if necessar?', from the outside. Include the appropriate breakdoxvn of labor, material and equipment to allow evaluation of the proposal. Should you have any questions, please give me a call. Very truly yours, CAMP DRESSER & McKEE INC. A So bolew ki, P.E. AMS/imp CC~ Pete Schalt, PWED Nick Cooper, M&E Jimmy Brock, Milmir Richard Moore, CDM File: G-lO1, G-101.1, C-500. I/FTM G-IOI.I, C-500.1/F .o._/4. (Silo O Cl 2 g Milmir Constrt i0n, Inc. P.O. Box 9400-A 1617 Ro~ Ave. j-,.,Ck$Onville, l~. 32208 ~1 L~I~ CUN.ST Phone: (904) 768-2300 Fax: ,,, CD.~I NAPLE.S M__~i)nl t)nJ PROPOSED CHANGE ORDER No. 0040A TiT_I,I~,: Acid Room Modifications PROJECT: N. Re~onal WTP 8MGD Expanaion ID: Artn: Adam Sobolewsld, P.E. Camp, Dresser & Mc. kee, Inc. 8011 Vandcrbih Bcac4h Road Ext. Naples, FL 34108 Phone: (9,41) 352-5575 Fax (941) 352-5579 DATE: 7/20/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO TO: CDM I-'Yom: MIl .g~R. CO /Number: 0040A We propo$e to ~ ~e ~c acid pip~ ~d m~ ~e ~id ~p ~ ~ ~e anaeh~ ~M ~u~t for hogo~ dated D~ to ~ imping ~l~on of~ pmj~ ae ~1 a~ v~ a~od~oa to ~e~ ~ ~ ~h;m JMy 27, 1999. Nick Cooper, ~&l~ (0 BID NO 97-2690R COM Pr,, ,52_2t5.21728 .Dec. '*'//,ed JUL 2 0 ~ggg CAMP DRESSE--R & McKE[ COLLIER CO. FIELD OFFICE Unit Coat: $0.00 Unit Tax: $0.00 I,ump Sum: $4,712.00 Lump Tax: Total: $4:712,00 APPROVAL: .'"99 By: i.i '7/' ,',:. (_i / 9 ~j ]6 '02 76.~ i6 ' 02 TX/R,\ N9.3135 0 C 1 2 6 1Scj9 PG P. UU4 CDM Camp Drex r & McKee Inc. Tel:g,41 ~'7,~.0575 ~'~1 2~ 8141 SuIy 14, 1999 ----JUL 1 6 1999 t'41LA41R CONs] RUCTION Mr. ~nla Klos= Vi~ he, ide~[ N~ilmir Com;m~ion, Inc. P.O. Box 9400-A 1617 Rowe Avemu~ J 'adcmnville, FL 32208 NCRWTP - Smi¢ E~ Coumy Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1174 ReClUe~t for Prop~al VIA FACSIMILE Ax reque~te<! by the County and pre~qnu_4y da~,,t~=d with Ji ...... y Bio&. plebe provide this office with your ~ proposal to ftwnish and iraqi moAilkJtkms in the Ar-id Raaom as o.fllnv~l b¢lo~*': R_~pNce thc 1" di.-~t¢ elbow on the f~ ~e To the ea~~ ~d p~ ~.~ a ~, ~d i" ~ p~ ~ ~ ~ ~ ~ ~ of~ ~t si& of the ~,,, ~u~ ~d,.~.~ ....... ~ b¢ ~~ ~i~ ~~s ~ E~ ~ ~ ' '--~ ........ :" ..... :'"" '"- '"-~ ........' .......... ~i~ Inc. hde the appro.m4ate brv. al~ov,'r, ca' labor, mat~.zial and e,q. uipmeat to allow evfluation of the proposal. Should _,,~u have an), questions, please gn'e me a e-all Very- truly yours, DRESSER & McKEE ~C .~uM.q4, np Pexe Sch~!q PWED Nick Coc,pea', M&[ Jimmy Brock,. Mit'mir Rjch_~l Moore, CDM File' (}-i 0i, (}., i0i. l, i2-500, i/i- i M F'- Ifil 1 !" ~n, (i 7/' 2 i)/9 9 ii5:02 '['× .../Fl,;< CDM Camp Dresser & McKee Inc. 1342 Colonial Boulevard, SuRe F44 Fort Myem. Rod(la 33907 Te1:941 27.5-6575 Fax:941 275-8141 July 28, 1999 Mr. Donald KIose Vice President Milmir Consmmtion, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 NCRWTP - 8mgd Expansion Couaty Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doe # 1195 Tradeoff of Change Proposals 40A and 42A VIA FAC:SIMILE Dear Mr. Klose: This letter is to confirm your proposed tradeoff of Change Proposal 40A with Change Proposal 42A, per our phone conversation of 7/26/99. The County concurs with the trade, off as follows: Change Proposal 40A: $ 4,712.00 Modify the acid system piping and raise the acid system plexiglass enclosure as detailed in the 7/14/99 request for proposal Change Proposal 42A: ($3,067.20) Furnish bahia sod in lieu of St. Augustine sod at plant and well house sites as detailed in the 6/17/99 request for proposal. The Acid Room modifications (piping and enclosure) will be furnished and installed for no additional cost, and bahia sod will be furni~ed in lieu of St. Augustine for no credit. Should you have any questions, please give me a call. Very truly yours, CAMP~..~SER & McKEE INC. Pete Schalt, PWED Nick Cooper, M&E Jimmy Brock, Milmir Richard Moore, CDM File: O-10l, O-101.1. C-500.1/FTM' O-101.1, C-500. I/F CDM Y Camp Dresser & McKee Inc. 1342 Colonial Boulevard. Suite F44 For1 Myers. Florida 33907 Tel: 941 275-8575 Fax: 941 275-8141 July 14, 1999 Mr. Donald Klose Vice President Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, FL 32208 NCRWTP - 8mgd Expansion County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1175 Request for Proposal VIA FACSIMIt,E Dear Mr. Klose: As discussed at progress meeting #19 on 7/13/99, please provide this office with your cost proposal to remove the corrosion, prepare the stainless steel surfaces and paint the two new transfer pump bases, associated discharge piping and hardware in the Transfer Pump Station. The paint system and number of coats must be approved by M&E. Include the appropriate breakdown of labor and material to allow evaluation of your proposal. ' Should you have any questions, please give me a call. Very truly yours, CAMP DRESSER & McKEE INC AMS/imp CC: Pete Schalt, PWED Nick Cooper, M&E Jimmy Brock, Milmir Richard Moore, CDM File: G-101, G-101.1, C-500. I/FTM G-101.1, C-500.1/F 0Ci 2 6 1599 PG. ~',-ff 07.'25.'P0 14:~.~. '~PO04 76..~ ~4P4 MILMIR CONST J~,o CI)M NAPLE..q ~JOOl.,~)t.~4 Milmlr Construction, Inc. TITLE: Paint Trarmfi~r Pumps & Piping PROJECT: N. Regional 'WTP 8.MGD TO: Atto: Adam Sobolewaki, Camp, Dresser & Mcke~, Inc. 8011 Vandarbilt }loach Road Ext. Naplm, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 PROPOSED CHANGE ORDER No. 0041A DA'I~: 7123/99 JOB: 9801 CONTRACT NO: 9801-MAIN P~: '1'o: Fr~m: Number: We pro~ ~o ~ p~p nna ~t ~ miffi~ ~ ~v~ ~ ~ ~w ~n~ p~, ~at~ ~har~ piping ~d ~ ~ ~~, m~ ~ a~ch~ ~M ~ fo~ pIO~ ~[~ Jffiy 14, 1999. Atla~hed i~ a detailed cost br~.akd~w-n for your use m rm,i'ewmg 0'J~ gro~: Nick Caaper. M&E CDM - COLLIER CO CONSTRUCTION c; :'CS CO BID NO: 97-269OR CDM PN: 6295-21728 # 1193 I/nit Coat; $0.00 Unit Tax: $0.00 Lump Sum: $1,826.00 Lamp Tax:' Total: $i,826.~ JUL 2 3 1990 CAMP DRESSER & McKEE COLLli:R CO. FIELD 7; ',:'i ,'QO i5:06 Iiy: Date: TX/NX J i5:06 N0.3i46 OCi 2 6 1999 p~. 5'7 P. 003 [] ~III.~IR e30.yST -, -, · CD.lt NAPLE.~ I~J t]04 ]MI,. i)nri ](.lose Milrner Co~strugl/on 16]7 ~owe Avenue P.O. Box ~400-A J~ksonvill=, I:L 32208 De~r Don: Per your ~ques&, S~'/~c P. in~b~ of FJorid~, Inc. propo~ lhe follo~.in~ Scope Work nnd Pric~ for th- above refe~nc~ project. Scope of ], So]veto (Titan. 3. Apply d~r~ (~) touts of'J'nemec gcrics 69 ~xy. Our price to complete thc nbo~e b $1,~0.00. I/you have any questions, p~s~ call me. Yours Servic~ Pni~ilhl~ of l"loridn: 1.c. Robc~x "Far1" Wcmvcr Senior i-3sfimalor ~.~W/krnl, 07/'23/'3~ i5:06 TX/RX N0.3i46 Camp Dm~er & McKee Inc. i 542 Colonial Boulom~l. Su~ F44 T~;~t 275'-8575 Faxc~ll 2q"5-~141 July 14, 1999 Mr. Donald Klose Vice President Milmir Construction,. Inc. P.O. Box 9400-A 1617 Rowe Avenue Jar.,ksonville, FL 32208 NCRWTP - Smgd F, xpan6on County Bid No. 97-2690R CDM Project No. 6295-21728 CDM Doc # 1175 Request for Proposal Ul. !6 19~,9 ~ MILMIR CONSTI~oCYioN mA Dear l~r. Klos¢: As discussed at progress meeting #19 on 7/13/99, please provide this office with your cost proposal to remove the corrosion, prepare the stainless steel surfaces and paint the two new transfer pump ba~es, associated discharge piping and hardware in the Tran~er Pump Station. The paint mgm -,nd number of coats must be appro~xt by M&E. Include the appropriate breakdown of laBor amd material to allow evaluation of your propo~l. Should you have any quc~ons, please give me a c~i, Very truly your[ CAM~ DRESSER & McaY~.~:. ENC. File: Pete Se, halt, P~_.,D Nick Cooper, M&.E Jimmy Brock, 1Milmir Richard MOOre, CDM O-101, O-101.1, C-500. IfFFM O-101.1, C-500.1/F OCT 2 6 19~9 07/23/99 15:06 'i'×l'RX N0.3146 P.002 I Meinorundum i i AOUA ALLIANCE FILE: 022015 DATE: July 27, 1999 TO: ,adam Sob01cwsLi, PE Camp, Dredger Hick Cooper NCRWTP Expm~iou PCO 41A - Paint Transfer P~u'nps a.nd Piping FROM: SUILIECT: We have reviewed Milmir's e.~timate for removing oxidation, preparation and palming of the new tr.'ms£er pumps and associated piping. We find the estimate acceptable. We request that manufacturer's recommen~iioll$ :For surface prcparation of the stainless steel be submitted. 'We also request an extended warranty (minimum 2 years) far the painting workmanship. CDM - COLLIER CO CON'STRUCTiON SVCS CO BID NO 97-2690R CDM PN. 6295-21728 JUL 2 7 199g CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE 07/'27/'~9 08:38 'FX/RX N0.3i57 P.003 07/25/PP 0..~:1/6 ~'004 7~..~ ~404 HILl/IR CONST .., CDw NAPLE.5 Milmir Construction, inc. P.O. BOx 1617 ROwe Ave, '"-'~ksonvi~, FL 32208 Phonc: (9U4) 768-2300 B U i.i ,ETIN No. 00003 'ITI'i.16: Chu-ifioafion ofPCO No.41A DATE: 7/28/99 PROJECT; N. Re~onal WTP 8MOD Expansion TO: Arm: Adam Sobolewsld, P.E. Camp, Drc~ & McE~c, 8011 Vandexbilt Beach Road Ext, Naples. FL 34105 Phone: (941) 352-5575 Fax: (941) 352-5579 JOB: 9801 STARTED: COMI~I .~TED: REQIFIRE, D: Per your request for the manufacmrea's reconunendation for surface preparation of the stainless steel please refer to the quote fxom Seawice Painting which was attached to PCO No. 4lA_ It details the surface prep a~ the foLlov¢ing steps: Step 1: Solvent clean. Step 2: Remove rust by sand blasting. These steps are consistent with the manut~cmrer's ~.~mmen~atian as listed on the dam sheets previously submkted for the project.. please note ,h~t thexe is no em. eaxd~ wmzamy available for t~s clmnge order. We are offering ordy ~d~,rfl one year warraary uhm covers abe rema,nder of the project. .... ok Cooper, CDM - CO!.Lf? 73 CON ~.r~, ,,.,. ,, z .... ,-,~. ~ -; .... CO BID NO. 97-269OR CDM PN. 6295-21728 .Doc.. JUL 2 8 ]999 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE Reported By:Mil..~.~r ConsUme_ .w ..,,' /..ion. Inc. /' l~--n~d L. Klosc, V.P. Data~ 7FIB/99 I 0 £ i 2. b 1S~9 'J 7/' 2i::t/99 08:34 TX/RX NO. 3i60 P.OOJ [] MISSIMER MAY 24 1999 ~RESSER & McKEE May 2l, 1999 Mr. Pete Schalt Public Works Engineering Department Collier County Government 3301 East Tamiami Trail County Government Center, Bldg. G Naples, FL 34112-4902 Re: Production Well RO-9 Diminished Production Capacity. Dear Pete: CDM - COLLIER CO. CONSTRUCTION SVCS ~C DIST/FiLE ACTION-- CO BID NO. 97-2690R CDM PN: 6295.21728 We have been informed by Mr. Jimmy Brock of Milmir Construction, Inc., 'that the well yield of production well RO-9, which was recently constructed as part of the 8-MGD expansion of the North Collier Regional Water Treatment Plant ('NCRWTP), has declined since it was first tested last year. During recent start-up procedures, Mr. Brock noted that the submersible pump installed in well RO-9 was cavitating while pumping the well at a rate less than 500 gallons per minute '(gpm). The submersible pump in well RO-9 is set with the inlet 70 feet below land surface. A step drawdown test performed on the well on June 22, 1998, indicated that the well could be pumped at much greater rates with significantly less drawdown than is now being experienced (Figure 1). The diminished production capacity in RO-9 indicates that something significant has happened to the well since the step-drawdown test was performed last year. To determine the cause of the problem, a video survey of the well will need to be performed. Missimer International will analyze the video and other available data to determine the cause of the problem and recommend remedial action. We asked Youngquist Brothers, Inc. (YBI), and Dwayne Wilson, who is associated with Bob Dean Supply in Fort Myers, to provide cost estimates to pull the pump and conduct the video survey. YBI provided a quote of $11,100.00; Dwayne Wilsoh provided a quote of $7,525.00. 8140 College Parkwoy. Suite 202 Fort Myers. Florido 339t9 If the decline in well yield is a result of work performed by YBI, they are under contract and must correct the problem at no cost to the owner according to the Contract Documents (Section tha! 02010, Part 1.05) prepared by Metcalf & Eddy, Inc. We would also suggest -' '"' "- ..... ~.7-~76.11 ~ 0Ci III III I IL IIII IIII II II I III J, II I II -- '"~'fT~ (94 ]) 43~-949a FRX (941) 43~-9455 MISSIMER INTERNATIONAL Mr. Pete Schalt May 21, 1999 Page Two the county for the cost to pull the pump and conduct the video survey. If the problem is not the result of faulty workmanship or defective materials, we would then request that YBI and/or other contractors prepare a cost estimate to correct the problem. Please contact me or Kirk Martin at (941) 432-9494 if you have any questions or comments. Sincerely, Elizabeth S. Owosina Hydrog~ologist pc: Adam Sobolewski Jimmy Brock FH7..476. I I OCT 2 6 139~q PC,. ~ 08/24/99 12:14 ~904 768 6494 MILblIR CONST Milmir Construction, ][nc. P.O. Box 9400-A 1617 Rowe Aw. ~nvfller FL 32208 . ~.~.: -Video Survey o£Well No. 9 PRO~ECT: N. Regional WTP 8MOxD Expansion Attn: Adam Sobolewgtd, P.E. Camp, Dresser & Mdte=, Inc. 8011 Vanderbilt Beach Road Ext. Naplcs, FL 34108 Phone: (941) 352-5575 Phone: (904) 76g-2300 Fax: (941) 352-5579 -,-,* CDM NAPLES I~001/001 PROPOS~D ~-'HANGE ORDER No. 0045A DATE: 8/24/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: MILMIRCO Number:, 0045A Based on th= v/de) ~ ~ by Youngquist Br~h,.~ Inc. we are requesting a ch~-_~e order in tl~ following amoant as re/mb~ per ~gr agngmgnt. Lump Sum: $7,525.00 CDM - COLLIER CO. CONSTRUCTION SVCS AO~ 2 4 lggg CAMP DRESSER & McI(EE COLLIER CO. FIELO OFFICE APPROVAL: ~'- ~g~ fi. Io~, v.~. Date:' 8/24/99 08/24/99 12:22 By: Date: TX/RX such work must, if requested by Project Manager, be uncovered observation. Such uncovering shall be at Contractor's expense Contractor has given Project Manager timely notice ~f Cont' o intention to cover the same and Project Manager has not act. w reasonable promptness to respond to such notice. If any Work is cove contrary to written directions from Project MaDager, such Work must, requested by Project Manager, be uncovered for Project Manage ~.v~_b~servation and be reD~.at-_C~tor~s sole 22.5. Neither observations nor other actions by the Project Manager D~sign Professional nor inspections, tests or approvals by others sh · .relieve Contractor from Contractor's obligations to perform the Work. 'accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or warranties made or assigned by Contractor to Owner shall be dee defective Work. If required by Project Manager, Contractor shall directed, either correct all defective Work, whether or not fabricat installed or completed, or if the defective Work has been rejected Project Manager, remcve it from the site and replace it with n defective Work. Ccntractor shall bear all direct, indir~ consequential costs of such correction or removal (including, /3 limited to fees and charges of engineers, architects, attorneys anu professionals) made necessary thereby, and shall hold Owner harmless same. · ! ' .2. If the Project'Manager consider it necessary or advisable that coV~ ~ Work be observed by Design Professional or inspected or tested by oth~ ~ Contractor, at Project Manager's request, shall uncover, expose ' ~ otherwise make available for observation, inspection or tests as Proj ~ Manager may require, that portion of the Work in question, furnishing1 necessary labor, material and equipment. If it is found that such .Is defective, Contractor shall bear all di=ect, indirect consequential costs of such uncovering, exposure, observation, inspec~ and testing and of satisfactory reconstruction (including, but limited to, fees and charges of engineers, architects, attorneys other professionals) , and Owner shall be entitled to an appropri decrease in the Contract Amount. If, however, such Work is not foun¢{ be defective, Contractor shall be allowed an increase in the Cont:! ec AmOunt and/or an extension to the Contract Time, directly attributable such uncov, ering, exposure, observation, inspection, testing WS-CA-H-20 , , O Cl 2 G I§99 ! I I ! ! ! 1 ! I No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant:to these Bidding Documents as a result of. failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis-for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and..reports .performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such .su~-veys and reports. Before submitting his Bid, each Bidder shall, at his own expense, make. such additional surveys and investigations as may be necessary to determine his Bid price for the performance of the Work within the terms of the Bidding Dccuments. Section 10. ~terial R~cuirements It is the intention of these Bidding Documents to identify standard materials. When space is provided cn the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive cr irregular if such materials are not specifically named by Bidder. Section 1!. Bid Q~antities Quantities given in the Bid Scnedu!e, while estimated from the best information available, are apprcxlma%e only. Payment for unit price items shall be based on the actual number of units in~ta!!ed for the Work. Bids shall be compared on the basis of ~umber of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not' conforTning to this requirement may be r%jected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased cr dacreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited tc the unit prices in the Bid. Subsequent. to the issuance of a nctice to proceed, the Project Manager shall have the ~'discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. WS-IB-5 I RO-3 JULY/AUGUST, 1999 WELL: MONTH: ACTIVITY ID DESCRIPTION UNITS UNIT COST QUANTITY COST 01311.300 Equipment Mobilization Each $1,200.00 1 $1,200.00 02681.301 Drill 30-inch diameter hole Each $31.00 163 02681.302 Install 24-inch surface casing Feet $60.00 156 02681.303 Drill 8-inch pilot hole Feet $16.00 557 02681.304 Ream 20-inch dia. hole Feet $19.00 564 02681.305 Install 12-inch dia. casing Feet $55.00 620 02681.306 Install 16-inch dia. casing Feet 4~'~' ~.00 100 02681.307 Annular casing grout Bags $23.00 222 02681.307 Annular casing grout Bags $38.00 850 02681.308 Drill 12-inch diameter open hole Feet $26.00 80 02681.309 Well development Hours $80.00 15 02681.310 Step-drawdown testing Hours $830.00 5 02600.311 Well disinfection Each 0 02681.312 Stand-by time Hours 0 02681.313 Extra work Hours 0 02681.314a Geophysical logging Each 1 02681.314b Geophysical logging Each 1 02681.315 Video surveys Each 1 02681.316 Site Restoration Each $1,000.00 $1,3OO.OO $1,500.00 $840.00 $5,053.00 $9,36O.0O $8,912.00 $10,716.00 $34,100.00 $6,700.00 $5,106.00 $32,300.00 $2,080.00 $1,20O.OO $4,15O. 00 $o.oo $o.oo $o.oo $1,000.00 $1,300.00 $1,500.00 $o.oo $124,677.00 CDM. COI. L E. CO. CONST~.UCTION SVCS AUG 1.9 1999 CAMP DRESSER & Mc)~EE COLLIER CO. FIELD OFFICE CO BID NO: 97-269OR CDM PN: 6295-21728 ~ lO0'd ~£'ON X'H/X£ 8Z:DI 66/&0/60 ~ool~ ~6~9~9£ 2"v'~ 9I-;gT 2[I'L.L 66/Z. 0/60 o~/z4?V~ 07:4~ 'I:~V04 768 6494 MI LIiIR CONST 4~ CDM NAPLES ~0017003 Milmir Construction, Inc. P.O. Box 9~00-A 1617 Rowe Ave. lacl~ouv/llc, FL 32208 Phone: (904) 768-1300 l~ax: ('90.4) 768-6494 PR~)POS-ED CHANGE ORDER No. 0044A TITLE: Replace A~id Day Tank & Piping PRO~ECT: N. Regional ~ 8MGD Exp~__n_~on TO: Ai~: Adam Sobolowski. P.E. Camp, Dresaer & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-$$79 DATE: 8/24/99 JOB; 9801 CONTRAC'~ NO: 980 I-MAIH RE: ?CO To: CDM From: M]I2d~CO Numbe~. 0044A Per tho owne~ request we pmpos~ to ~'m-ve and dispo~ c~ U-,e ex/stm8 s,_,!fi_mc ~ day tank and r~place it with a 1.050 EaUon polyclhy~ stora~: tank per ~he altachecl d~-tails. Tho tank will haw two facwry ins~aUed 1-inch botlmn connections, one for the dra/n arid one for the ~ p1~mp suet/on. Afl other CO~-er~Or~ will be thrm~h the ~ od'the ~ wr/li~n~ ~VC b111~le, ad fimngs. ta~k with new material limited to ~he amotml necessary m r~__c~ the new ~ ruination poims. Th~ owm~r will ~d to emlXy a~d The tank ;an b~ ddiv=r~d with/n five bus/ness days and th~ alloy 20 p/pe, valve, and fl~n~ will be a 2-week de~ixery. We ea~imat~ A_eie. r all maton-ial has been de2ivered, and we have pr~-aasembled as much pipinE as po.ss/ble, we will ne~d a 3-day shuidown to pcdorm th/s work A detailad cx~t br,'~ _down ia n.~ched for your uae in r~viewiug thi¢ proposal. This work will impa~ cmr alt~nzion ~o r~_~i,,ing contract win-k, fl~refor, we will require a 7.~h~.a~r day extension of contram CDM - COLL!Eq CO. CO BID NO. 97-2690R CDM PN: 6295-21728 2 4 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE Lump Sum; $23,~00.00 Date: 8/24/99 08/24/99 07:56 By: Date: TX/PJ( Adam Sobolewski, P.E N0.3270 OCT 70 P.O01 08/24/99 07:48 ~904 768 6494 MILJ/IR CONST ~ CDM NAPI.,F,S 002/003 08/24/99 07:56 0CT 261S~t9 ~,~. 71 TX/RX NO. 3270 P.002 · 08/24/99 07:48 'g~904 768 6494 MILMIR CONST ~ CDM NAPLES ~003/003 08/24/99 07:56 TX/RX N0.3270 P.O03 Memorandum _l[ I A_~UA ALUANCE Fl~E: 022015 DATE: August 25, 1999 TO: Adam Sobolew~ki, PE Camp, Dresser & McKee, Inc. Nick Cooper NCKW'rP Expansion PCO 44A - Acid Day Tank and Piping FROM: SUBIECT: We have reviewed 1Vli!mlr's estimate for r~rnovin$ sr~ ~cing t~ acid ~y ~ ~d ~;~ piping ~ ~u~ by ~e Co~ty. We ~ ~ the ~me ~siofl ~d e~d~ ~erh~d co~ b~ ~s ~ ~e ~n~a~or's c~ pah for ~n~on of~e ~ ~a~ wo~. We find ~e ~m~e a~t~le. We request submittal ofdetails for the new acid ~ contiguration b~ore delivery. cgt? - CO" AUG 2 5 19gg CA,AP DRESSER & Mc)(EE COLLIER CO. FIELD OFFICE 08/25/99 14:42 TX/RX NO. 3287 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN TO PROVIDE PROJECT AUTHORIZATION FOR DREDGING THE ENTRANCE TO COLLIER BAY OBJECTIVE: To obtain approval of Amendment No. 6 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri/Big Marco Pass Inlet Management Plan to enable services to be provided for design, permitting and construction related to dredging the entrance to Collier Bay. CONSIDERATIONS: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform design services for the Capri/Big Marco Inlet Management Plan. The attached Amendment to this Agreement has been prepared for the purpose of authorizing such services required for dredging the entrance to Collier Bay. This project has been reconunended for approval by the Beach Renourishment/Maintenance Committee and the Tourist Development Council. FISCAL IMPACT: Pursuant to approval ora TDC Funding application by the Board of County Commissioners on September 28, 1999, funds in the amount of $315,750.00 have been appropriated for this purpose. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Conunissioners: Approve Amendment No. 6 to the Professional Services Agreement with Humiston & Moore Engineers to authorize those professional services necessary for the design, permitting and construction related to dredging the entrance to Collier Bay. 2. Authorize the Chairwoman to execute the Amendment. SUBMITTED BY:~~~~=m.~__ Harold E. Huber, Project Manager III Public Works Engineering Department Date: REVIEWED BY: APPROVED ~,,/jeff Bibby, ~.E., Dir6'ctor Public Works Engineering Department Ed Ilschner, Director Public Works Administration Attachment CC: Humiston & Moore Engineers .c. Pt]. t AMENDMENT NO. 6 CAPRI PASS AND BIG MARCO I'ASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT Tills AGREEMENT IS MADE AND ENTERED INTO THIS day of 19 , by and between the Board of County Commissioners for Collier County, Florida, a political suhdMsion of the State of Florida (hereinafter referred to as the "OWNER") and ilumiston and Moore Engineers, P. A. a Florida corporation, authorized to do business in the State of Florida, ',',,'hose business address is 10661 Airport Road Norlh, Suite 14, Naples, Florida 34109 ([lereinafter referred to as the "CONSULTANT") WITNESSETH WI1EREAS, the O\VNER desires to obtain the professional engineering and sup.'eying services of the CONSULTANT concerning certain design, permitting and construction phase ser-.'ices for the Capri Pass nnd Big ,'",larco Pass Inlet ManagemenI Plan (hereinafter referred to as the "Project"). said services being more fi~lly described in Exl~ibil ..~, attached hereto. ~,VlIEREAS, on May I?, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and ~VIIEREAS, pursuant to Article Four, time has expired for performance of ser"vices under this ,Agreement, and ~VlIEREAS. the CONSLLTANT has submitted a proposal for Collier Bay Entrance Channel Dredging. and WllEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project NOW TllEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass lnlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1. Article Four and Schedule "C" of the Agreement are hereby amended to provide for complclion of those additional services setfonh in Exhibit "A" attached bcreto The time for completion, of services under this Agreement therefore, is extended for 24 months or until May 17, 2001 -1- 2. Schedule B, Altachmcnts A, B, and C oflhe Agreement dated May 17, 1994, are hereby amended and revised as set fo~h in l-~xhibh "A" attached hereto Said Exhibit "A" is the September 10, 1999 letter from Humiston and Moore Engineers to Project Manager Harry Huber re: "Proposal for Collier Bay Dredging" 3. Article Five of the Agreement is hereby amended as follows: Compensation by the O\VNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $106,750.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to INs Agreement. 4. Other than the changes/additions indicated in this Amendment, all provisions of the original conlract are in full force and effect IN gYITNESS WIIEREOF, the parties hereto have executed this amendment to the Agreement the day and 5'ear first written above. ATTEST Fi,,, Approved as to form and Legal sufficiency Assistant County Attorney ~// Wimess Typed or printed name Witness Typed of printed name Atlachmen! IIEII Ih amcndmcul it6 -2- BOARD OF COUNTY COMMISSIONERS FOR COI.I.IER COUNTY, FLORIDA, A POI.1TICAL SL!FIDI",'ISION OF TI [E STATE OF FLORIDA By¸ PametaS Mac'Kie, Chairman l lumislon and Moore Engineers, P A Fiy Br'~tD Moore PE \rice President (CORPORATE SEAL) EXHIBIT "A" HUM I STON MOORE ENGINEERS COASTAL [NGINE[RING DESIGN AND PERMITTING September 10, 1999 10661 ,~adRPOl~r ROAD N, SUITE 14 NAPLES, FLORIDA 34109 FAX 941 594 2025 PHONE: ~41 5~4 20Zl Mr. Harry Huber, P.E. Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 34112 Re: Proposal for Collier Bay Dredging, H&M File No. 9028 Dear Harry: We are providing this revised proposal which supersedes our proposals of March 30, 1999, and May 12, 1999, for the referenced project, as requested. This project will consist of the dredging of the entrance to Collier Bay and placement of the dredge spoil as beach nourishment along Hideaway Beach. SCOPE OF WORK Basic Services. Enqineering Design and Permittinq. 1. Design dredge cut and prepare plans based on survey data collected for the Hideaway Beach Monitoring program. 2. Design beach disposal area and prepare plans based on survey data collected for the Hideaway Beach Monitoring program. 3. Prepare an opinion of probable construction costs. 4. Prepare bid documents. Assist with bid process, including pre-bid meeting, preparation of addenda, qualification of Iow bidder. Basic Services Subtotal Additional Services. En,qineerin,q Desi,qn and Permitting. 6. Boring analysis and compatibility 7. Permitting (including 2,000 DEP permitting fee, amount to be verified by agency) Cost 5,570.00 5,130.00 2,065.00 6,190.00 7,025.00 25,980.00 13,690.00 17,800.00 OCT 2 6 1999 EXHIBIT 8. Meetings and Coordination Additional services Engineering, Design, Permitting Subtotal Additional Services, Construction Phase. 9. Construction Phase Services ( 1.5 month construction period) Additional Services, Construction Phase Subtotal 10 Contingency, 10% Project Sub-Total Total 61300.00 37,790.00 33,27500 33,275.00 97,045.0O 9,705.00 106,750.00 Basic services as listed above are lump sum to be billed on a basis of percentage complete. Additional services will be billed as time and materials in accordance with the attached fee schedule dated July 1, 1999. Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston. P.E. enclosure EXHIBIT "A" H I._IM I STON ~ MOORE I~NGINEI~I~S COASTAL [NGINEERING DESIGN AND PERMITTING 10661 ~RPORT RO/~ N, SUITE 14 N,~::~L[S. FLORIDA 34109 FAX 941 594 2025 PHONE 9,11 $9~I 2021 SCHEDULE "B"- ATTACHMENT "B'! FEE SCHEDULE Humiston & Moore Engineers July 1, 1999 Principal Engineer' ........................................................... $110.00/hr Senior Engineer' ............................................................... $80.00/hr Associate Engineer ............................................................ $75.00/hr Staff Engineer .................................................................. $65.00/hr Technician ....................................................................... $55.00/hr Administrative Assistant ...................................................... $45.00/hr Facsimile .......................................................................... $1.00/pg Copies (in house) ............................................................... $0.05/pg Mileage ............................................................................ $0.29/mi Telephone ...................................................................... No Charge * Registered Professional Engineer, or Engineer Ph.D. All out of pocket expenses not covered above will be billed at cost and included with the monthly invoice. Subcontracts or Subconsultants will be administered at cost plus 10%. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. OCT 2 6 1,,C~ EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN TO PROVIDE PROJECT AUTHORIZATION FOR ADDITIONAL T-GROINS AT HIDEAWAY BEACH. OBJECTIVE: To obtain approval of Amendment No. 5 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri/Big Marco Pass Inlet Management Plan to enable services to be provided for design, permitting and construction of additional T-Groins at Hideaway Beach. CONSIDERATIONS: On May 17, 1994, the Board of County Commissioners approved a Professional Services Agreement with Humiston & Moore Engineers to perform design services for the Capri/Big Marco Inlet Management Plan. The attached Amendment to this Agreement has been prepared for the purpose of authorizing such services required to provide additional temporary T-Groins at Hideaway Beach. This project has been recommended for approval by the Beach Renourishment/Maintenance Committee and the 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 $271,453.00 have been appropriated for this purpose. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Approve Amendment No. 5 to the Professional Services Agreement with Humiston & Moore Engineers to authorize those professional services necessary for the design, permitting and construction of additional temporary T-Groins at Hideaway Beach. 2. Authorize the Chairwoman to execute the Amendment. SUBMITTED BY: REVIEWED BY: APPROVED Harold E. Huber, Project Manager III Public Works Engineering Department ~/'~//Jeff Bibby, P.E., Dire~6r Public Works Engineehng Depament Ed Ilschner, Director Public Works Administration Date: / o./..r. Date:~~--iZ~ Attachment CC: Humiston & Moore Engineers AMENDMENT NO. 5 CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED into this __ day of , 19 __ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and llumisto,~ and Moore Engineers, P.A., a Florida corporation, authorized to do business in the State of Florida, whose business address is 10661 Airport Road North, Suite 14, Naples, Florida 34109 (ttereinafter referred to as the "CONSULTANT"). WITNESSETli: WilEREAS, the OWNER desires to obtain the professional engineering and su~'eying services of the CONSULTANT concerning certain design, permitting and construction phase services for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WI1EREAS, on May 17, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WllEREAS, pursuant to Article Four, time has expired for performance of services under this Agreement; and WI1EREAS, the CONSULTANT has submitted a proposal for the design, permitting and services during construction of additional T-Groins at Hideaway Beach; and WllEREAS, the CONSULTANT represents that it bas expertise in the type of professional services that will be required for the Projecl. NOW TllEREFORE, in consideration of the mutual convenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass Inlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: 1 Article Four and Schedule "C" of the Agreement are hereby amended to provide for completion of those additional services setfonh in Exhibit "A" attached hereto. Tbe time for completion of services under this Agreement therefore, is extended for 24 months or unlil May 17, 2001. -1- 1§99 2. Schedule B, Attachments A, B and C of the Agreement dated May 17, 1994, are hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the September 10, 1999 letter from Humiston and Moore Engineers to Project Manager Harry Huber re: "Proposal for Design, Permitting and Construction Phase Services for additional temporary T- Groins at Hideaway Beach. 3. 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 $7%833.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 4. Other than the changes/additions indicated in this Agreement, all provisions of the original contract are in full force and effecL IN WITNESS WIIEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above ATTEST: By: Clerk I½OARD OF COUNTY CON'IMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Approved as to form and Legal sufficiency ,Assistant County Attorney Witness ,,x l'yped or printed name \Vitness Typed or printed name Attachment Pamela S. Mac'Kie, Chairwoman By: Humiston and Moore Engineers, P. A. B~'ice President (CORPORATE SEAL) EXHIBIT "A" H U NII STON M()OI/E I NGINI EIIS COASTAL ENGINEERING Df SIGN AND PE Rr,AII ~'ING 10661 ~RPORT RCLRD N. SUITE 14 NAPLES. FLORIDA ,3,4109 FAX 941 594 2025 PHONE ~41 594 2021 September 10, 1999 Mr. Harry Huber, P.E. Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 34112 Re: Proposal for Design & Permitting of Additional Temporary T-Groins at Hideaway Beach; HM File No. 8-002b Dear Harry, In response to your request, we are providing you with this revised proposal which supersedes our proposal of March 30, 1999 for the referenced project. This proposal is for the design and permitting of two additional temporary T-Groins along the Hideaway Beach. One will be located at Royal Marco Point and one additional T-groin will be located in the South Point area. In both cases, the additional T-groin construction will be proposed east of the existing T-groins and will be constructed of temporary materials similar to the existing structures. Based on the surveys to be completed next month, we plan to design the additional T- groins and beach fill and submit a proposed permit modification to the State Department of Environmental Protection (DEP) and the Corps of Engineers (COE) for construction next spring, or next fall, should the sea turtle nesting season preclude the ability to construct during the summer. A description of the proposed services is provided below: Scope of Work Basic Services: Desiqn, Construction Plans & Opinion of Probable Costs: 1. Design additional T-groins and prepare plans based on April and October 1999 survey. $9,490.00 2. Construction Plans and Opinion of probable costs: Basic Services Subtotal: Additional Services: Permitting ,$7,400.00 $16,890.00 3. Prepare permit modifications & file with DEP and COE, and meet with each. $12,450.00 · Application fees 4. Application fees with DEP 1 of 2 $8,000.00 0CT 2 6 1999 EXHIBIT "A" Additional Services: Construction Phase 5. Assist the County with Contractor selection, Administration of contract, meetings with contractor and county: $6,260.00 Conduct daily construction observations through completion of the construction and provide pay quantity reviews, surveys, and regulatory project certifications as required. Construction Phase Subtotal: $28,975.00 $35,235.00 Project Subtotal $72,575.00 7. Contingency, 10% $7,258.00 Total: $79,833.00 We estimate that our services referenced above will not exceed $79,833.00. This assumes two meetings with the DEP and COE during the permitting, the County to select a contractor based on a continuing services contract, and a construction period of 60 days. This proposal also includes two meetings with the County or representatives of Hideaway Beach regarding the design and progress of the permitting. Basic services as listed above are lump sum to be billed on a basis of percentage complete. Additional services will be billed as time and materials in accordance with the attached fee schedule dated July 1, 1999 included as part of this proposal. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the referenced fee schedule. Should you have any questions regarding this request, please give me a call. Sincerely yours, NGINEERS Brett D. Moore, P.E. Attachments HUL,fISTON & MOORE EN~----'~r~rb~s ° NAPLES. FLORIDA EXHIBIT "A" H U M 1 ST()N ~' MOORE I~;NGINI~ERS COASTAL ENGINFERING DESIGN AND P~RM~TIING 10661 AIRPORT ROAD N . SUITE 14 iNAP~S. FLORIDA 34109 FAX 941 594 2025 PHONE ~41 5~4 2021 SCHEDULE "B"- ATTACHMENT "B" FEE SCHEDULE Humiston & Moore Engineers July 1, 1999 Principal Engineer* ........................................................... $1 lO.O0/hr Senior Engineer* ............................................................... $80.O0/hr Associate Engineer ............................................................ $75.00/hr Staff Engineer .................................................................. $65.00/hr Technician ....................................................................... $55.00/hr Administrative Assistant ...................................................... $45.00/hr Facsimile .......................................................................... $1.00/pg Copies (in house) ............................................................... $O.05/pg Mileage ............................................................................ $0.29/mi Telephone ...................................................................... No Charge * Registered Professional Engineer, or Engineer Ph.D. All out of pocket expenses not covered above will be billed at cost and included with the monthly invoice. Subcontracts or Subconsultants will be administered at cost plus 10%. Invoicing will be provided on a monthly basis unless specified differently in the contract. Payments are due upon receipt of invoice. 0C7 2 6 1~99 EXECUTIVE SUMMARY APPROVE SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY, THE KEY MARCO DEVELOPMENT DISTRICT, AND KEY MARCO DEVELOPMENT OBJECTIVE: That the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water-Sewer District ("CCWSD") approve Settlement Agreement between the Key Marco Community Development District ("CDD") Key Marco Development (Developer) and Collier County ("County"). CONSIDERATIONS: The CDD, the Developer and the County entered into a written Agreement on May 17, 1994 wherein the County agreed to supply potable water to the CDD's geographical area. Under the terms of that Agreement the CDD paid the County $850,000 to construct water system improvements required to provide service within that CDD geographic area. The County has expended approximately $600,000 of those funds to construct water mains and complete system upgrades to serve that geographic area. The parties have determined that the geographic area being served within the CDD is in fact within the certificated area of the Florida Water Services Corporation ("FWSC"). The parties have also determined that all improvements needed to provide potable water to the CDD have been completed. FWSC desires to provide service to customers within all of its certificated area, including the CDD area, and the CDD desires to be reimbursed for those monies not used as originally intended in the 1994 Agreement. The parties have agreed to terminate the 1994 Agreement and enter into a Settlement Agreement, attached hereto, to resolve all issues, including possible future claims for damages. Under the ternas of the Settlement Agreement the CDD will be refunded $131,613.81 from the unexpended monies. The County will also reimburse the CDD $36,000 of impact fees collected from the CDD plus interest. The County also agrees to no longer collect water and sewer impact fees within the CDD area. The CDD shall concurrently pay to the County $24,332.99 or the now correct current sum, for overdue wastewater monthly user fees. The CDD also agrees to be the responsible for timely payment of all future monthly user fees. Finally, the parties agree to cooperate in the transfer of service responsibility from the County to FWSC and to release all other parties from all damages, claims or charges that might arise from the 1994 Agreement. FISCAL IMPACT: The refund in the amount of $131,613.81 is available in the Water Capital fund (412) Reserves. The reimbursement of water impact fees and interest in the approx, amount of $52,000 is available in the Water Impact fund (411) Reserves. GROWTH MANAGEMENT IMPACT: None. O C'r 2 6 1999 RECOMMENDATION: That the Board authorize its Chairwoman to sign the Settlement Agreement and authorize the necessary budget amendment(s) and reimbursement of funds as specified hereinabove. Approval of this item by the Board shall grant such authorization to the Board's Chairwoman and all such authorization to Staff. PREPARED BY: Ann Marie Saylor, Admir~rative Assistant II REVIEWED B '--~-Edwttrd N. Finn,~Dperations Director Date REVIEWED B~ Ed Ilschner, ~ublic Works Administrator Date SETTLEMENT AGREEMENT AND RELEASE The effective date of this Agreement is the day of September, 1998. This three party Agreement is among the KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ("CDD"), and KEY MARCO DEVELOPMENTS (the "Developer"), and COLLIER COUNTY, (the "County."), a political subdivision of Florida, including the Collier County Water-Sewer District, whose governing board is the Board of County Commissioners. The CDD, the Developer and the County are "the Parties hereto." WHEREAS, the CDD and the County entered into a written Agreement on May 17, 1994, ("The 1994 Agreement") wherein the County agreed to supply potable water within the CDD's geographic area. The Coun~ has been supplying and is now supplying that potable water pursuant to that Agreement; and WHEREAS, the County initially intended to supply interim potable water service to the property within the CDD through utilization of a "Bulk Users Agreement" with Florida Water Services Corporation ("FWSC") including connection and construction of water utility lines to connect into the Goodland Water District's potable water system; and WHEREAS, the County later intended to supply the permanent potable water service to the property within the CDD and the Goodland Water District via a connection to the Collier County Water- Sewer District water system; and WHEREAS, the County has subsequently determined the connection to the Collier County Water-Sewer District water system was economically unfeasible; and WHEREAS, the parties hereby terminate the 1994 Agreement; arid WHEREAS, the County will not collect water or wastewater utility plant impact fees from within the CDD unless and until a County tftility plant is the source of the respective utility, service (water and:'or wastewater); and O Ci 2 1§c39 [ .3 WHEREAS, the CDD, through its attorney at law, John L. Farquhar, has throughout the past year made claims to the County alleging that the County did not deal fairly with the CDD in formulating the 1994 Agreement and the CDD has threatened to file a lawsuit against the County if the matter is not resolved amiably; and; WHEREAS, County staff have met with representatives of the CDD to carefully consider those claims; and W~HEREAS, this case is complicated and there exist many legal and factual issues (some of which appear to be of "first impression in Florida") whereby it appears certain that litigating these issues would cost the CDD and the County. (both governmental entities) many tens of thousands of dollars and eventual outcome of such litigation is very unpredictable; and WHEREAS, the Parties hereto, without admitting any liability or fault by any of them, desire to fully and finally resolve any and all claims, known or unknown in any way related directly or indirectly to the 1994 Agreement. NOW, THEREFORE, each of the three Parties agree as follows: 1. The foregoing "Whereas Clauses" are incorporated herein. 2. Because the initial source of the subject water utility service and the wastewater service being provided within the geographic area of the CDD is not fi.om County water plant capacity and/or wastewater treatment plant capacity, the County cannot under Ordinance No. 98-69 collect water or sewer impact fees (plant capacity charges) from within the CDD; therefore, the County ¢,'ii1 refund all water and/or sewer (wastewater) impact fees (plant capacity charges) previously collected from within the CDD pursuant to the 1994 Agreement. The County may, of course, collect such impact fees in the future if and when a County utility plant (water and/or wastewater) may become the initial source of the respective utility, service within the CDD, which service is not now contemplated by the County. 3. The County shall reimburse to the CDD, from moneys heretofore collected from the CDD under the 1994 Agreement, one hundred thirty-one thousand six hundred and thirteen dollars and eighty- one cents ($131, 613.81) within thirty (30) days following the day that the Chairman of the Board of County Commissioners signs this Agreement on behalf of said Board and the Water/Sewer District. The CDD shall concurrently pay to the County twenty-four thousand three hundred thirty-two dollars and ninety-nine cents ($24,332.99), or the current amount outstanding, to pay in full the now overdue wastewater monthly billing(s). Moreover, the CDD and Developer acknowledge that the Count5~ will charge the CDD and/or individual customers the County's cost to buy bulk water and/or sewer, as applicable, from FWSC plus a reasonable administrative charge until such time, if ever, that the FWSC may provide service directly to the CDD. 4. Since the CDD lies within the certificated water and sewer utility franchise service area of FWSC, the provision of water and sewer service to the CDD may become in the future the sole responsibility, of FWSC and the parties agree ta cooperate in any such transfer of responsibility from the County to FWSC. Such transfer of responsibility from County to FWSC requires no authorization or approval from the CDD, the Developer or any end use customer. 5. Each party hereto, on behalf of itself, its officers, directors, owners, employees, former employees, successors, predecessors, affiliates, heirs, assigns, and trustees, hereby does fully, finally and unconditionally release, acquit, remise, satisfy, and forever discharge each of the other two parties, their predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, directors, owners, agents, representatives, attorneys, insurers, sureties and affiliates from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, reckonings, accounts, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, whether legal or equitable and whether known or unknown which the respective party, could have asserted in the aforesaid Lawsuit, whether legal or equitable and whether known or unknown, arising out of or relating in any way to the claims or allegations made with regard to the 1994 Agreement. The term "successor" as used in this Agreement include the te~Srns "assign", "affiliate", "transferee", or "heir" as the context may warrant. Each Party hereto expressly waives and releases any possible claims to seek payment from any other party any attorney's fees, costs or expenses. 6. This Agreement constitutes the entire agreement among the Parties. This Agreement is the product of mutual negotiation. No ambiguous word or any part hereof is to be construed more strictly against any party. 7. This Agreement shall be executed by the CDD and by Key Marco Developments before being presented to the Board of County Commissioners for Execution by the County. In the event tkis Agreement is not signed by the Chairman of the Board of County Commissioners, nothing in this Agreement may be used as evidence or otherwise by any party, hereto in any court, administrative proceeding, or any other proceeding(s) whatsoever. 0 C l' 2 6 1§9'3 P(;.___.~. ~_ 8. In the event of an alleged breach of this Agreement, the sole remedy shall be for specific performance of its terms and conditions. The only venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, except in the case of an alleged breach of paragraph 6, above, whereby the proceeding can be brought in the jurisdiction(s) of the respective court or proceeding. 9. 10. IN VClTNESS WHEREOF, Developments, and Collier County, September, 1988. This Agreement shall terminate The 1994 Agreement. This Agreement shall be governed by the laws of the State of Florida. The Key Ivlarco Community Development District, Key Marco Florida, have entered into this Agreement on the l $~' day ATTEST: James P. Ward BY: ~ecretary of the CDD STATE OF FLORIDA ) COUNTY OF COLLIER) KEY ~ COMMUNI~VELOPMENT DIS~'RICT ~ /~ (_./fames M. Rei~rs, Chairman I HEREBY CERTIFY that on this day, before me, an officer duly authorized Florida and in the County aforesaid to take acknowledgments, the foregoing Agreement was acknowledged before me by James M. Reinders, the Chairman of Key Marco Community Development District, and thzit he, as such officer, being authorized so to do, executed the foregoing Agreement for all of the purposes therein contained, under authority duly vested in him by said District and that the seal affixed hereto is the true seal of that Distr/ct and who is personally known to me. or-has-pr~ua~,,4 ~ WITNESS mv hand and official seal /,w/O~~Ublic~~~ dayi of . in Collier County, Florida, thi } b t~oo~,,-,h~,2 ., 1998. ' Notar~ e '~ ~ My Commission Expires: William F. Snyder Ils'?~'~-~ ~C.O~M~t~SaOS~ l| Typed, printed or stamped name of Notary Public KEY MARCO DEVELOPMENTS, a Florida general partnership; By: RONTO DEVELOPMENTS KEY MARCO, a Florida general parmership, as general parmer of KEY MARCO DEVELOPMENTS; By: KEY MARCO DEVELOPMENTS TWO, INC. a Florida corporation,/a,s,~eneral partner of RONTO DEVELO~ MARCO By: on,' ~iesi~-ent STATE OF FLORIDA ) COUNTY OF COLLIER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Florida and in the County aforesaid to take acknowledgments, the foregoing Agreement was acknowledged before me by A. Jack Solomon, and that he, as such officer an in each of the respective capacities, is authorized so to do, and under such authorities he executed the foregoing Agreement for all of the purposes herein contained, under authority duly vested in him by the corporation on behalf of the two partnerships and who is_personalN known ta me or has produced r~/a_ as identification. Collierr,,~-dT~,..;.~.~' this~Y~'/~ day of WITNESS my hand and official seal in ~?'(~_J-T)~ , 1998. My Commission Expires: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Typed, p ~,, me~~%.~ Public BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT. By: PAMELA MAC'KIE, CHAIRWOMAN EXECUTIVE SUMMARY AWARD BID NO. 99-2990 FOR THE CONSTRUCTION OF LIVINGSTON ROAD (RADIO ROAD TO GOLDEN GATE PARKWAY) TO BETTER ROADS, INC. OBJECTIVE: To contract with the recommended bidder, Better Roads, Inc., for the construction of Livingston Road (Radio Road to Golden Gate Parkway). CONSIDERATIONS: On September 1, 1999 Collier County began advertising for bids on the Livingston Road (Radio Road to Golden Gate Parkway) construction project. This project consists of roadway construction and adjacent utility line construction. Two bids were received on October 19, 1999 from the following bidders: Better Roads, Inc. Ryan Incorporated Eastern $9,054,969.07 9,360,976.58 The engineer's cost estimate for the project was $9,081,256.00 After a review of the bids submitted, staff recommends Better Roads, Inc. as the lowest, qualified and responsive bidder. Staff recommends award of Bid No. 99-2990 to Better Roads, Inc. The City of Naples has a 36" raw water main within the construction area. The Board previously entered into an agreement with the City for the cost sharing of the relocation of a portion of this water main. In 1997 the City submitted an estimated payment to the County in the amount of $201,600.00 for their portion of the cost. This funding was placed in reserves and is available upon the completion of a budget amendment to transfer the funds to the active project. ('~'_FISCAL IMPACT: Funding for the road construction in the amount of$8,294,617.27 currently ~s available in the Road Construction CIP -Gas Tax, Impact Fee District 1, and Impact Fee District 2 funds. Funding for the County water main construction in the amount orS157,671.00 is currently available in the Water Impact Fees fund. Funding for the County reclaimed water main construction in the amount of $602,680.80 is currently available in the Wastewater Impact Fee fund. A budget amendment is required to transfer the cost sharing funding from the City of Naples in the amount of $201,600.00 received in 1997. This budget amendment will transfer the $201,600.00 from Reserves (331-919010-993000) to the project. GROWTH MANAGEMENT IMPACT: This Capital Improvement Project No. 53 is consistent with the Transportation Sub-Element of the Growth Management Plan. Execrative Summary Bid No. 99-2990 (Livingston Road from Radio Road to G.G. Parkway) Page 2 RECOMMENDATION: That the Board of County Commissioners take the following action: I. award Bid No. 99-2990, Livingston Road (Radio Road to Golden Gate Parkway) in the amount of $9,054,969.07 to Better Roads, Inc.: 2. approve the necessary budget amendment to transfer the City of Naples funding contribution in the amount of $201,600.00 from reserves to the project; and 3. authorize the chairwoman to sign the agreement on behalf of the Board. SUBMITTED BY: Rob~e~a~Wil~e~ E P.W.E.D. Project Manager III REVIEWED ~JeffBibby, P.E. ~z '"" P.W.E.D. Director Date: Date: REVIEWED BY: '~ · ~_L'Li*' ~' [ il Date: Stephen Y. Camell Purchasing Department Director APPROVED BY~ Date: Ed Ilschner Public Works Administrator AOENI;)A ~JEI~- No._ 0CI' 2 § 1999 Pg. ~ 0 .o 0 0 ?_ 0 ¢~ J 0 .o 0 0 h- r. 0 ._> 0 n- O 0 0 0 ._~ 1999 I ¢ ~ ~ ~ ~ A ~ D~ ITEM, ~ ~c~ A AGENDA ITEM'~ No.. !~ ~(,~-) OCT 2 ~ 1999 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT RECOGNIZING AND APPROPRIATING $58,581 OF CARRYFORWARD FROM A GATES LEARNING FOUNDATION GRANT RECEIVED IN FY99. OBJECTIVE: To place carry forward funds received in FY99 from the Gates Library Foundation into the FY00 budget. CONSIDERATIONS: The Board approved submission of grant applications to the Gates Learning Foundation on May 25, 1999 (Agenda Item :gl 6C7) and budget amendments recognizing $58,581 in revenue from the grant on September 14, 1999. Funds were deposited in Fund 612, the Library Trust Fund. The Library anticipated obligating these funds with purchase orders prior to the end of FY99. The specific equipments lists, however, have not yet been received by the Library. As soon as the Gates Library Foundations releases the specific equipment specifications, the Library will encumber the funds received through this grant. Equipment will include 19 workstations with software, 2 servers,4 hubs, 4 laser printers, wiring allowances and network accessory kits. FISCAL IMPACT: The Library Trust Fund Budget for FY2000 will increase from $58,000 to $116,581. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of accompanying budget amendment which recognizes the $58,581 in carry forward funds from the FY99 budget. Prepared by: //~]~::::c ~n'~/~/' ~.2 '~?-)t~2'<i~ DATE: /d; -//- ~ J) Mar'ilyn Matt'h~sl Assiktant Director Reviewed and ~~_~,j~ Appr°ved bY}ohs T ione~x~ibfary b-]rector ' DATE:IO'II"q and r k/ --- Reviewed ~~~ Approved DATE: R"5. I~:~o( 1 f 'Tho~na~--'. rvices Administrator '- | OCT 2 6 1999 EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 99-2978 FOR ANNUAL PAINTING CONTRACT OBJECTIVE: To have the Board awa. rd Bid # 99-2978, in consecutive order to: The Paint Doctor Inc. as primary, Spectrum Painting Inc. and Tyton Painting Inc. CONSIDERATIONS: On August 13, 1999, the Purchasing Department solicited bids for painting services. The bids encompassed comprehensive painting services for all Collier County buildings; i.e., interiors to any height or size, exteriors of buildings, and ground areas. The selection of vendors was based on a pricing a formula, taking into account cost of service labor hours for specific categories. Those categories included: cost per hour for skilled painter and general laborer. In addition, consideration was given for markup over actual cost for materials. A total of eight (8) bidders responded, three (3) were selected in the following order: Primary Vendor - Paint Doctor Inc. Secondary - Spectrum Painting Inc. Third Tyton Painting Inc. Painting services are utilized throughout the County for repairs, remodeling and new construction. Contractors will be utilized for the duration of the contract based on prices and their ability to do the work within the County's time frame. FISCAL IMPACT: Painting expenses average $210,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in FY 1999-20 project and operating cost centers. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board award Bid # 99-2978 to The Paint Doctor Inc., Spectrum Painting Inc., Tyton Painting Inc., for painting services, as addressed within the summary. 1999 _ Executive Summary Cont. On-Call Painting Contractor Page 2 of 2 Daniel R. Rodriguez, Facilities~n,~ Department of Facilities Maffagement REVIEWED BY: . }75, / Skip Camp, CFM, Director Department of Facilities Management REVIEWED BY: /.. :-,~ ~_~ ~1' ~tepherl Y. Camell, Director Purchasing Department Date: APPROVED BY: --' , ' :' Leo E. Ochs, Jr., Admi'~istrator Support Services Division Date: AO, E NOA ,TTEM No. J,: % / OCT 2 6 1999 PO....'::~ EXECUTIVE SUMMARY APPROVAL OF EXPRESS SCRIPTS, INC. AS THE PRESCRIPTION DRUG PROVIDER FOR THE COUNTY'S GROUP HEALTH INSURANCE PROGRAM OBJECTIVE: To seek approval of Express Scripts, Inc. as the County's over-the-counter and maintenance drug prescription provider for employees and dependents covered under the Collier County Group Benefit Plan. . CONSIDERATIONS: In January 1998 the Board commenced a contract with Florida 1st Health Plans as its group health claims administrator. Florida 1 st offers a pharmacy benefit management arrangement to their clients through a contract with Consultec, Inc. and Collier County has obtained prescription drugs for its covered members through that contract. While the current program with Consultec offers a competitive pricing structure, the usage of brand drugs when compared to generic drugs is very high, comprising 83% of total drug costs. This brought into question the effectiveness of plan administration, particularly the practice of generic substitution. In order to implement a more aggressive generic substitution program and to assert greater control through a direct contract with the pharmacy benefit manager, proposals were sought through the county's benefits broker, Willis Corroon. Proposals were sought from four companies. Three of these markets were responsive and were compared with the current provider, Consultec, Inc. A comparison of general pharmacy discounts off average wholesale price (AWP) and dispensing fees is as follows. Percentages and fees represent Network and Mail discounts or fees. Category. Consultec Express SysteMed Pharmacare Discounts off AWP: Single Source Multi Source Generic Network/Mail Network/Mail Network/Mail Network/Mail 12%/18% 15%/18% 13%/18% 14%/18% 12%/18% 15%/18% 13%/18% 14%/18% 20%/40% 30%/45% 13%/35% 14%/40% Dispensing Fees: Single Source Multi Source Generic Network/Mail $2.25/$1.00 $2.25/$1.00 $2.50/$1.00 Network/Mail $1.25/1.25 $1.25/1.25 $1.25/1.25 Network/Mail $2.25/$1.25 $2.25/$1.25 $2.25/$1.25 Network/Mail $2.50/$1.50 $2.50/$1.50 $2.50/$1.50 Administrative Fee: $.44/$.44 $.40/$.00 $.50/$.00 $.50/$.50 After a careful review of the proposals, it was determined that Express Scripts offered the most competitive proposal for the following reasons. First, the pricing structure below average wholesale price was lower than Consultec, SysteMed, or Pharmacare. Second, the dispensing and administrative fees were more competitive. Finally, the comparison of administrative support in the form of consultative advice, plan structuring capabilities, and reporting was more comprehensive. This is especially important given the significant increases in prescription drug costs over the past three years. OCT 2 6 1999 / Pg._ ,/ , Express Scripts is the Pharmacy Benefit provider for the Collier County School Board and a check of references revealed excellent satisfaction with the delivery of services under the program. The transition to Express Scripts will be transparent to employees. Employees will receive new prescription drug cards, however, they will continue to utilize the same pharmacies. The projected date to begin service is January 1, 2000. FISCAL IMPACT: Funds are budgeted within the Group Health and Life Fund for the purchase of prescription drugs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the selection of Express Scripts. Inc. as its prescription drug provider for the Collier County Group Benefit Plan and authorize staff to negotiate a contract for the Chairwoman's signature. RE QUE S TED BY: ,~.~~'~-"--- :le~ff Walker, CPCU, ARM Director, Risk Management APPROVED BY: '-- ' ~ ,~. ~. ~- .~ ~ Leo E. Ochs, Jr. Support Services Administrator DATE: EXECUTIVE SUMMARY APPROVAL TO COMPLETE REPAIRS AT THE MAIN COURTHOUSE PLAZA. OBJECTIVE: To gain Board approval to upgrade and improve the Main Courthouse Plaza. CONSIDERATIONS: Facilities Management staff had planned to replace the fountain and pump at the front of the Main Courthouse in FY 2000-01. The system has failed a number of times since it was installed ten years ago. Last week the pump failed again prompting staff to look at alternative systems. After consultation with a mechanical contractor, staff is recommending replacing the system with one that is not located within the pool itself. The proposed system would be located within the lawn area and provides a longer life cycle. Included within the proposal is the cost to cut the 6" concrete facilitating the new piping that tern~inates at the pump area. Once the fountain replacement system is in place, staff is recommending that the Bomanite (the concrete material in front of the Courthouse) be refinished as follows: pressure clean, acid wash, restore base color, restore accent color, and seal after painting. Total project schedule is approximately three weeks. FISCAL IMPACT: The cost for the fountain replacement is $14,900. The cost to refinish the concrete is Sl 1,000. Funds are available in the County-wide Capital Projects Fund Reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the repairs proposed for the front of the Main Courthouse and the necessary budget amendments as described within this summary. / Prepared By: ~ c.:)~ -.../ ~-~----'~ ~ ~ -~ Date: Darnel R. Rodnguez, ~es Manager The Depa~ment of Facilities Management Reviewed By: ~~/~c~',,~/'/ Date: Skip'--Camp, CFM, DireCtor The Department of Facilities Management Approved By: ' · c c.-'.~ ~"~/ Date: Leo E. Ochs, Jr., Administrator Support Services Division OCT 2 6 1999 EXECUTIVE SUMMARY APPROVE UNANTICIPATED EXPENDITURES RELATED TO MAJOR PLUMBING REPAIRS AT THE IMMOKALEE STOCKADE OBJECTIVE: To have the Board approve unanticipated expenditures relating to emergency plumbing repairs described within this summary. CONSIDERATIONS: Two holding cells in the Immokalee Stockade required complete replacement of the plumbing fixtures. These fixtures are located in the "Marchmar Act" cells that house individuals with special needs. The fixtures are stainless steel specialty units that have the sink and toilet combined in one unit. In addition, major plumbing line repairs were needed including; concrete flooring removal and sewer line replacement. Related expenditures were as follows: Plumbing Materials Total Labor Repair Concrete Cell (outside contractor) Welding Contractor Freight Charges Total $ 7,400.00 $ 6,300.00 $ 3,300.00 $ 300.00 $ 1,400.00 $18,700.00 Immediate repairs were necessary to bring the holding cells back into service. FISCAL IMPACT: Total costs for this project is $18,700. Funds are available in Countywide Capital Project Fund Reserves and would be transferred into the Capital Projects General Improvements cost center GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the plumbing expenditures as listed above, along with the necessa~ budget amendment (s) as addressed within this summary. SUBMITTED BY: ,,~.~..~.~.~./.~ .,~/--~.~-/__~.,,../' Date: ../~ ~~ Darnel R. Rodnguez, Fac~e~nager Depa~ment of Facilities M~agement REVIEWED BY: ~~,"~~ Skip ~"~1~, CFM, Director Department of Facilities Management APPROVED BY: _ .. :~ - ' ' . '.~ .-,~ i Leo E. Ochs, Jr., Administrator/.' Support Services D~ws~on Date: Date: OCT 2 1999 Pg' EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY. OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, November 20, 1999. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately 300 items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the dttached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the November 20, 1999 ~""'-;ction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received .bsequent to the preparation of this Executive Summary at the November auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list. SUBMITTED BY: '\",;'\-~,-~(5,C< .'~t \...w.[.<.~ ~b. ~onda L. Snell, Purchasing Agent Stephen~. Came~, Director Purchasing/General Se~ices Leo E. Ochs, Ad~is~ator Support Se~ices(~inistration APPROVED BY: Date: 1999 SURPLUS PROPERTY - INVENTORY 101-199 CPUs ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 101 470 ISA CPU 1993 Appears Somewhat Cannibalized 940129 Solid Waste 102 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940307 Elections 103 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940303 Elections 104 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Workin~l TRANSF 940304 Elections 105 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940300 Elections 106 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940302 Elections 107 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940301 Elections 108 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Working TRANSF 940306 Elections 109 080 AST Bravo 486 CPU 4/33mHz 16Mb RAM Workin~l TRANSF 940298 Elections 110 060 Dell PC 921125 Prop Appr 111 060 PC Systems PC 900815 Prop Appr 112 060 NCR 486 PC w/Pentium Overdrive 930865 Prop Appr 113 060 NCR 486 PC w/Pentium Overdrive 930867 Prop Appr 114 060 NCR 486 PC w/Pentium Overdrive 930862 Prop Appr 115 060 NCR 486 PC w/Pentium Overdrive 930855 Prop Appr 116 060 NCR 486 PC w/Pentium Overdrive 930861 Prop Appr 117 060 NCR 486 PC w/Pentium Overdrive 940661 Prop Appr 118 060 NCR 486 PC w/Pentium Overdrive 930849 Prop Appr 119 060 NCR 486 PC w/Pentium Overdrive 940662 Prop Appr 120 060 NCR 486 PC w/Pentium Overdrive 940727 Prop Appr 121 060 NCR 486 PC w/Pentium Overdrive 950318 Prop Appr 122 060 NCR 486 PC w/Pentium Overdrive 950319 Prop Appr 123 495 Di~lital PC 940583 Airport Auth 124 490 486 CPU 921195 EMS 125 490 486 CPU 921189 EMS 126 490 486 CPU 921197 EMS 127 490 486 CPU 921203 EMS 128 490 486 CPU 921201 EMS 129 490 486 CPU 921193 EMS ; 130 490 486 CPU 921198 EMS 131 490 486 CPU 981166 EMS 132 490486 CPU 921190 EMS 133 490 486 CPU 921202 EMS 134 490 486 CPU 921191 EMS 135 490 486 CPU IT 1550 EMS 136 490 486 CPU EMS 137 490 486 CPU 950727 EMS 138 001 Generic 486 PC 94-0251 Dom Anim Svcs 139 001 Generic PC Dom Anim Svcs 140 0101HyTech PC 95-1006 Clerk/MIS 141 010 HyTech PC 95-1003 Clerk/MIS 142 010,HyTech PC 95-1007 Clerk/MIS 143 010 HyTech PC 95-1005 Clerk/MIS 144 010~HyTech PC 95-1004 Clerk/MIS 145 010 Compaq Deskpro 2000 Clerk/MIS 146 010 Compaq Deskpro 2000 Clerk/MIS 147 010 Compaq Deskpro 2000 Clerk/MIS 148 010 Compaq Deskpro 2000 ClerkMIS OCT 2 $ pg. c~ 149 010 Compaq Deskpro 2000 Clerk/MiS 150 010 Compaq Deskpro 2000 Clerk/MIS 151 010 Compaq Deskpro 2000 Clerk/MIS 152 010 Compaq Deskpro 2000 Clerk/MIS 153 010 Compaq Deskpro 2000 Clerk/MIS 154 010 Compaq Deskpro 2000 Clerk/MIS 155 010 Compaq Deskpro 2000 Clerk/MiS 156 010 Compaq Deskpro 2000 Clerk/MIS 157 010 Compaq Deskpro 2000 Clerk/MiS 158 010 Compaq Deskpro 2000 Clerk/MIS 159 010 Compaq Deskpro 2000 Clerk/MIS 160 010 Compaq Prolinea 466 Clerk/MIS 161 010 Compaq Prolinea 466 Clerk/MIS 162 010 Compaq Prolinea 466 Clerk/MIS 163 010 Generic 386 Clerk/MiS 164 010 Premio PC Clerk/MiS 165 010 Premio PC Clerk/MIS 166 010 DEC PC LPv Clerk/MIS 167 010 DEC PC LV Clerk/MIS 168 010 Digital PC Clerk/MIS 169 010 Dicjital PC Clerk/MIS 170 010!Digital PC Clerk/MIS 171 010 Di~]ital PC Clerk/MIS 172 010 Di~iital Derep Clerk/MIS 173 010 DEC Celebris Clerk/MIS 174 001 Digital 286 PC Human Res 175 Toshiba Computer Tower 940177 State Attorney 176 001 DEC Station 910490 info Tech 177 001 Generic PC 961278 Info Tech 178 001 Dell PC 921153 InfoTech 179. 001 Gateway PC Info Tech 180 001 Gateway PC 960171 Info Tech 181 Gateway PC 940255 State Attorney 182 001 Compaq PC 88112 Real Property 183 001 Zeos 386 900832 Real Property 184 490 486 Computer EMS 185 490 486 Computer EMS 186 490 486 Computer EMS 187 001 Computer 900502 A~]riculture 188 001 ! Leadin~l Edge Computer 890347 Agriculture 189 010 Compaq Deskpro 2000 Clerk/MIS 190 010:Compaq Deskpro 2000 Clerk/MIS 191 010 Compaq Deskpro 2000 Clerk/MIS 192 010 Compaq Deskpro 2000 Clerk/MIS 193 010 Compaq Deskpro 2000 Clerk/MIS 194 010 Compaq Deskpro 2000 Clerk/MIS 195 ' 010!Compaq Deskpro 2000 Clerk/MIS 196 010 Compaq Prolinea 466 961134 Clerk/MIS 197 198!Acer Computer 88719 Museum 198 111,486 Computer 930632 Graphics 199 001 PC Systems Computer 920436 Judiciar7 No._ /&b.~ 0CT 2 6 1999 pg. SURPLUS PROPERTY-INVENTORY 201-299 Computer Monitors ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 201 470 Monitor 14" Unknown Condition, Appears Good None Solid Waste 202 495 TTX 14" Monitor None Airport Auth 203 495 Digital 14" Monitor None Airport Auth 204 060 NCR 14" Monitor None Prop Appr 205 060 NCR 14" Monitor None Prop Appr 206 060 NCR 14" Monitor None Prop Appr 207 060 NCR 14" Monitor None Prop Appr 208 060 NCR 14" Monitor None Prop Appr 209 060 NCR 14" Monitor None Prop Appr 210: 490 Samsung 14" Monitor None EMS 211~ 001 14" Monitor Dom Anim Svcs 212i 001 14" Monitor Dom Anim Svcs 213 490 True View 14" Monitor 940860 ~EMS I 214 0601Monitor 940729 iProp Appr 215 010 DEC Terminal 420 Clerk/MIS 216 010 DEC Terminal 420 Clerk/MIS 217 010 DEC Terminal 420 Clerk/MIS 218 010 DEC Terminal 420 Clerk/MIS 219 010 DEC Terminal 420 Clerk/MIS 220 010 DEC Terminal 420 Clerk/MIS 221 010 DEC Terminal 420 Clerk/MIS 222 010 DEC Terminal 420 Clerk/MIS 223 010 DEC Terminal 420 Clerk/MIS 224 010 DEC Terminal 420 Clerk/MIS 225 010 DEC Terminal 220 Clerk/MIS 226 010 DEC Terminal 420 Clerk/MIS 227 010 DEC Terminal 320 Clerk/MIS 228 010 DEC Terminal 220 Clerk/MIS 229 010 DEC Terminal 320 Clerk/MIS ; 230 010 DEC Terminal 420 Clerk/MIS 231 010 DEC Terminal 420 Clerk/MIS 232 010 DEC Terminal 320 Clerk/MIS 233 010 DEC Terminal 220 Clerk/MIS 234 010 DEC Terminal 420 Clerk/MIS 235= 010 DEC Terminal 320 Clerk/MIS 2361 010,DEC Terminal 420 Clerk/MIS 2371 010!DEC Terminal 320 Clerk/MIS 238 010 DEC Terminal 420 Clerk/MIS 239 010 DEC Terminal 420 Clerk/MIS 240 010 DEC Terminal 420 Clerk/MIS 241 010 DEC Terminal 420 Clerk/MIS 242 010 Sony Monitor Clerk/MIS 243 010 Sony Monitor Clerk/MIS 244 010 IifX Monitor Clerk/MIS 245 010 TTX Monitor Clerk/MIS 246 010 Mitsubishi Monitor Clerk/MIS 247 010 :Compaq Monitor Clerk/MIS 248 010 Compaq Monitor Clerlr'"~'"3~'"~ T ' 249 010 Compaq Monitor Clerk/MiS 250 010 Ccmpaq Monitor Clerk/MiS 251 010 Compaq Monitor Clerk/MIS 252 010 C°mpaq Monitor Clerk/MIS 253 010 Compaq Monitor Clerk/MIS 254 010 Compaq Monitor Clerk/MIS 255 010 Digital Monitor Clerk/MIS 256 010 Digital Monitor Clerk/MIS 257 010 Di~lital Monitor Clerk/MIS 258 010 Di~lital Monitor Clerk/MiS 259 010 Unisys U6000 Clerk/MIS 260, 001 Digital Monitor Human Res 261 21 VT 420 Terminals State Attorney 262 5 VT 320 Terminals State Attorney 263 001 9 VT Terminals Info Tech 264 001 Monitor 872084 Real Property 265 001 Zeos Monitor 900831! Real Property 266 001 Gateway IT-1224 Real Property 267 010 Compaq Monitor Clerk/MIS 268 010 Compaq Monitor Clerk/MIS 269 010 Compaq Monitor Clerk/MIS 270 010 Compaq Monitor Clerk/MIS 271 010 :Compaq Monitor Clerk/MIS 272 010 ~Compaq Monitor Clerk/MIS 273 010 Compaq Monitor Clerk/MIS 274 010 TTX Monitor Clerk/MIS 275 010 Di~lital Monitor Clerk/MIS 276 010 Di~lital Monitor Clerk/MIS 277 198 Acer Monitor Museum 278 198 panasonic Monitor 86017 Museum 279 681 Di~lital VT 420 Monitor Probation 280 681 Di~lital VT 320 Monitor 890142 Probation 281 681 Di~lital VT 320 Monitor Probation 282 681 Di~]ital VT 320 Monitor 890138 Pr°bation 283 681 ! Di~lital VT 320 Monitor 890139 Probation 284 681 Digital VT 320 Monitor 890140 Probation 285 001 Monitor Judiciary 286 001 q'TX Monitor Judiciary 287 681 Di~lital VT 420 Monitor Court Admin 288 NCR Monitor 920156 Tax Collector 289 NCR Monitor Tax Collector 290 NCR Monitor Tax Collector 291~ NCR Monitor Tax Collector 292 NCR Monitor Tax Collector 293 NCR Monitor Tax Collector 294 NCR Monitor Tax Collector 295 Digital Monitor Tax Collector 296 AT&T Monitor Tax Collector 297 AT&T Monitor Tax Collector 298 ADDS Terminal 8901005 Tax Collector 299 490 Goldstar Monitor 911191 EMS I A GE NOA ~TEM 0 CT 2 6.,J1999 1'9. SURPLUS PROPERTY-INVENTORY 301-399 Printers ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 301 101 HP Printer HP2686D Working Condition/VERY old) None Traffic Ops 302 060 HP Laser Jet III 921127 Prop Appr 303 5101HP Laser Jet II 890220 DOR 304 4951Digital Dot Matrix Printer None Airpor/Auth 305 490 Citizen Dot Matrix Printer None EMS 306 408 HP LaserJet III (unserviceable) Water Dist 307 010 NEC Spinwriter Clerk/MIS 308 001 Panasonic Printer (Not workin~l) Dom Anim Svcs 309 001 HP Desk Jet 680c/Not Workin~l) Dom Anim Svcs 310 010 Epson T-1000 Clerk/MIS 311 010 Citoh Printer 871926 Clerk/MIS 312 010 DEC Laser Printer Clerk/MIS 313 010 DEC Laser 2100 Clerk/MIS 314 010 HP Laser Jet II 88792 Clerk/MIS 315 010 DEC Laser 2200 911205 Clerk/MIS 316 DEC Laser 2200 920810 State Attorney 317 001 HP Laser Jet IV+ 960245 Info Tech 3i8 001 HP Laser Jet IV+ 960244 Info Tech 319 001 HP Laser Jet II 890107 Info Tech 320 001 HP Laser Jet II 890855 Info Tech 321 001 HP Laser Jet III Info Tech 322 001 HP Laser Jet III 900365 Info Tech 323 010 DEC Laser 2200 920593 Clerk/MIS 324 010 DEC Laser 2200 910544 Clerk/MIS 325 010 DEC Laser 2100 920984 Clerk/MIS 326 010 DEC Laser 2200 920811 Clerk/MIS 327. 001 Epson LQ 2500 88335 Real Property 328 001 Epson LQ 2550 891513 Real Property 329 490 Panasonic Dot Matrix Printer EMS ; 330' 1111Fortis Dot Matrix Printer 890361 Graphics 331 111 IBM Dot Matrix Printer 84057 Graphics 3'32 114 HP Desk Writer 560C Pollution Ctrl 333 681 HP LaserJet III 911176 Probation 334 001 HP Printer ,Judiciar~ 335 001 HP Laser Jet 891825 Judiciar7 336 001 HP Laser Jet II 90592 Judiciar~ 337 Citoh Printer 871773 Tax Collector 338 HP DeskJet 500 890980 Tax Collector 339 Texas Instuments Printer 920541 Tax Collector 340 Texas Instuments Printer 930390 Tax Collector 341 Texas Instuments Printer 900746 Tax Collector 342 Texas Instuments Printer 900743 Tax Collector 343 Texas Instuments Printer 920542 Tax Collector 344 Texas Instuments Printer 900688 Tax Collector 345 Texas Instuments Printer 900744 Tax Collector 346 Texas Instuments Printer 900745 Tax Collector 347 Texas Instuments Printer 900742 Tax Collector 348 Okidata Printer Tax Collector 0 C T 2 6 '1999 P~. ff-~ 349 Brother HL 645 Printer Tax Collector 350 HP DeskJet 500 Tax Collector 35i HP DeskJet 500 Tax Collector 352 HP DeskJet 500 Tax Collector 353 HP DeskJet 520 Tax Collector 354 355 356 357 358 359 360 361 362! 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 · 383 384 385 386 387 388 389 39O 391 392 393 394 395 396 397 398 399 OCT 2¢ 1999 . Pg.., . SURPLUS PROPERTY-INVENTORY 401-499 Typewriters/FAX Machines ITEM FUND ! ITEM DESCRIPTION/SERIAL # IASSET# IFROM 401 101 Typewriter Working Condition 'None Traffic Ops 402 408 Canon Typewriter None Water Dist 403 060 IBM Typewriter 880817 Prop Appr 404 060 Panasonic Typewriter 87-859 Prop Appr 405 060 IBM Typewriter None 'Prop Appr 406 516 Olympia Typewriter None Risk M~mt 407 001 IBM Typewriter 6389 Stormwater 408 010 Olivetti Typewriter 890444 Clerk/MIS 409 010 IBM Selectric III 82729 ~Clerk/MIS 4i0 010 Royal Typewriter Clerk/MIS 411 010 IBM Selectric 821126 Clerk/MIS 412 010 IBM Selectric III 821125 Clerk/MIS 413 001 Smith Corona Word Processor Dom Anita Svcs 414 001 Smith Corona Typewriter Dom Anim Svcs 415 001 Panasonic Typewriter Parks & Rec 416 001 i Brother Typewriter Real Property 417 001 IBM Typewriter 6391 Real Property 418 113 Panasonic Typewriter 86543 Bldg Rev 419 001 Typewriter Plannin~l 420i 001 Panasonic Typewriter 84421 Agriculture 421 198 IBM Selectric II Typewriter 7903 Museum 4221 198iPanasonic Typewriter 85855 Museum 423 198 Sharp Thermal FAX Machine 88697 Museum 424 001 Pitney Bowes Fax Machine Judiciary 425i 001 Fax Machine Judiciary 426 Xerox Memorywriter 87687 Tax Collector 427 Xerox Memorywriter 900881 Tax Collector 428 Xerox Memorywriter 89041.8 Tax Collector 429 Xerox Memorywriter 900350 Tax Collector ~ 430 Xerox Memorywriter 87688 Tax Collector 4311 Xerox Memorywriter 87844 Tax Collector 432' Xerox Memorywriter 900348 Tax Collector 433 Xerox Memorywriter 900236 Tax Collector 434 Xerox Memorywriter 900238 Tax Collector 435 Xerox Memorywriter- 890415 Tax Collector 436 Xerox Memorywriter 88759 Tax Collector 437 Xerox Memorywriter ' 890416 Tax Collector 438 439 440 441 442 443 444 445 446 447 448 ' N OCT 2 6 1999 Pg. .jr SURPLUS PROPERTY-INVENTORY 501-599 Other Office Equipment ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 501 060 SciNet CD Tower System 960196 Prop Appr 502 060 Pitney Bowes Mailing Machine 921053 Prop Appr 503 060 Mail Scale 921054 Prop Appr 504 060 Tektronix 2D Graphic Workstation 900676 Prop Appr 505 060 Tektronix Mapping Workstation 891617 Prop Appr 506 060 Tektronix Mapping Workstation 891619 Prop Appr 507 060 Tektronix Mappin~l Workstation 891200 i Prop Appr 508 060 Tektronix X-Server 900681 Prop Appr 509 060 Tektronix X-Server 900682 Prop Appr 510 060 Tektronix X-Server 900683 Prop Appr 511 060 Ima(:,lincj Scan Station 940660 Prop Appr 512 490 Unisys UPS None EMS 513 4901TrippLite UPS None EMS 514 010:NEC Laptop Computer 88531 Clerk/MIS 515 010 Westrex Slip Printer 82882 Clerk/MIS 516 010 Westrex Slip Printer 82881 Clerk/MIS 517 010 Westrex Slip Printer 83544 Clerk/MIS 518 010 Westrex Slip Printer 821184 Clerk/MIS 519 010 Simplex Date Stamp Clerk/MIS 520 010 Simplex Date Stamp Clerk/MIS 521 010 Simplex Date Stamp 0361 Clerk/MIS 522 010 Toshiba Copier 82160 Clerk/MIS 5231 010 Canon Copier 891175 Clerk/MIS 524 010 3-M Copier Clerk/MIS 525 001 Micronics 386 Laptop 920890 Dom Anim Svcs 526 001 Royal Addin~l Machine Dom Anim Svcs 527_ 001 Konica Copier 88119 Dom Anim Svcs 528 010 DECServer 200/MC 88950 Clerk/MIS 529 010 DEC Server 200 910206 Clerk/MiS 530 010 DEC Server 200 881082 Clerk/MIS 531 010 DEC Server 200 900529 Clerk/MIS 532 010 DEC Server 200 910207 Clerk/MIS 533 010 DEC Server 200 881163 Clerk/MIS 534 010 DEC Server 200 900170 Clerk/MIS 535 010 DEC Server 200 881165 Clerk/MIS 536 010 DEC Server 200 Clerk/MIS 537 010 DEC Server 200 Clerk/MIS 538 010 DEC Server 200 Clerk/MIS 539 010 DEC Server 200 Clerk/MIS 540 010 DEC Server 200 Clerk/MIS 541 010~DEC Server 200 Clerk/MIS 542 010 DEC Server 200 Clerk/MIS 543 010 DEC Server 200 Clerk/MIS 544 010 DEC Server 200 Clerk/MIS 545 010 DEC Server 200 Clerk/MIS 546 010 DEC Server 200 Clerk/MIS 547 010 DEC Mux II 88934 Clerk/MIS 548 010 DEC Mux II Clerk/~ Ar.~NOA .I TEI~ .o. 0 2 6 1999 549 010 DEC Server 550 Clerk/MiS 550 010 DEC Repeater 200 Clerk/MIS 551 010 Modem Rack Clerk/MIS 552 001 US Robotics External Modem 970754 Parks & Rec 553 001 Overhead Proiector (Not working) Parks & Rec 554 001 Add. in~ Machine Human Res 555 001 External Tape System 900830 Real Property 556 001 Mimeo~lraph Machine 85064 A~lriculture 557 001 Portable Computer 881326 Judiciary 558 Posta~le Scale 82374 Tax Collector 559 Receipt Printer 940403 Tax Collector 560 20 Receipt Printers Tax Collector 561 21 Receipt Printer Bases Tax Collector 562 Microfiche Viewer Tax Collector 563 Microfiche Viewer Tax Collector 564 Microfiche Viewer Tax Collector 565 Microfiche Viewer 900244 Tax Collector 566 Monroe Calculator 82130 Tax Collector 567 Sharp Calculator · 881018 Tax Collector 568 Monroe Calculator Tax Collector 569 Monroe Calculator Tax Collector 570 Monroe Calculator Tax Collector 571 Monroe Calculator Tax Collector 572 Monroe Calculator Tax Collector 573 Telephone Tax Collector 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596, 597I 598 599 0 CT 2 6 1999 / SURPLUS PROPERTY - INVENTORY 601-699 Miscellaneous Non-Electrical Items ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 601 408 3" Homelite Mud Hog Pump Not Working 86111 Water Dist 602 408 3" Homelite Mud Hog Pump Not Working 8238 Water Dist 603 408 Magnetic Locator 960706 Water Dist 604 060 Tektronix CADDPort Software 900678 Prop Appr 605 060 Imaging Software 940664 iProp Appr 606 010 Monitor Wall Mount ~Clerk/Ml'S 607 010 Monitor Wall Mount Clerk/MIS 608 010 Monitor Wall Mount Clerk/MIS 609 010 Monitor Wall Mount Clerk/MIS 610 001 Portable Projection Screen Parks & Rec 611 408 Pressure Washer Water Dist 612 613 614 615 616 6i7 618 619 620 621 622 623 624 625 626! 627~ 628 629 ; 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 ..~ ....... ITl=, 0 CT 2 6 1999 SURPLUS PROPERTY - INVENTORY 701-799 Miscellaneous Electronic I ~ms ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 701 060 Tektronix Graphic Tablet 891199 Prop Appr 702 060 Tektronix Graphic Tablet 900679 Prop Appr 703 060 Tektronix Graphic Tablet 900680 Prop Appr 704 060 Hergo Keyport 6 Server Switch & Cables 940457 Prop Appr 705 001 Floor Buffer 920684 Parks & Rec 706 001 Television/VCR Combo 88730 Info Tech 707 198 Panasonic Security Monitor 88516 Museum 708 111 Summagraphics 12" Digitizer Board 86596 Graphics 709 111 GTCO 12" Digitizer Board 86590 Graphics 710 Caere Reader 861889 Tax Collector 711 Caere Reader 861892 Tax Collector 712 Caere Reader 861893 Tax Collector 713 Caere Reader 900911 Tax Collector 714 Caere Reader 86022 Tax Collector 715 Caere Reader 861890 Tax Collector 716 Caere Model 562 900912 Tax Collector 717i Caere Model 562 86021 Tax Collector 718i Caere Reader 861894 Tax Collector 719i Caere Reader Tax Collector 720 Caere Reader Tax Collector 721 Caere Reader Tax Collector 722 Caere Model 562 861891 Tax Collector 723 Caere Model 562 861889 Tax Collector 724 Caere Model 562 Tax Collector 725 Caere Model 562 Tax Collector 726 Caere Model 562 861892 Tax Collector 727. Caere Model 562 860021 Tax Collector 728 Caere Model 562 Tax Collector 729 Caere Model 562 861893 Tax Collector 730 Caere Model 562 85905 Tax Collector 731 Caere Model 562 861894 Tax Collector 732 Caere Model 562 861890 Tax Collector 733 Caere Reader 861892 Tax Collector 734 Caere Reader 860021 Tax Collector 735 Caere Model 562 Tax Collector 736 Caere Scanner Tax Collector 737 Caere Reader !Tax Collector 738 739 740 741 742 743 744 745 746 747 748 0 CT 2 1999 ,,o. SURPLUS PROPERTY-INVENTORY 801-899 Office Furniture ITEM IFUND 1 ITEM DESCRIPTION/SERIAL # IASSET # IFROM 801 495 Wooden Desk, One Drawer Broken None Airport Auth 802 495 2 Bl.ue Office Side Chairs None Airport Auth 803 495 2 Burgundy Office Side Chairs None Airport Auth 804 495 Secretarial Chair None Airport Auth 805 521 Secretarial Chair None Fleet Mgmt 806 001 Printer Table 861468 Stormwater 807 113 'ypewriter Stand Comm Dev 808 Printer Table 871294 Tax Collector 809 810 811 812 813 814 815 816 817 818 819 820 821 822~ 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 A~tI~I(J'A ! I EM 0CT 2 6 1999 - SURPLUS PROPERTY - INVENTORY 901-999 File Cabinets~ Other Storage Cabinets ~ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 901 001 Double Door Credenza Good Condition None Parks & Rec Adm. 902 001 Two-Door Paper Supply Cabinet w/Electrical Outlet Good Cond None Parks & Rec Adm. 903 101 Large Metal Two-Door Supply Cabinet Fair Condition TRANSr None Traffic Ops 904 521 Small Safe None Fleet Mgmt 905 001 Card Files Parks & Rec Adm. 906 113 Ticket Files Comm Dev 907 681 Filing Cabinet for 5 x 7 index cards 81561 Probation 908 060 Map Filing Cabinet 3424 Prop Appr 909 681 Mail Sorting Shelves Court Admin 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 : 930 93'1 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 J~O~NOA ~ ITEM ~' ~o. OCT SURPLUS PROPERTY-INVENTORY 101A-199A CPUs~Monitors ITEM IFUND ] ITEM DESCRIPTION/SERIAL # IASSET# IFROM 101A NCR 486 PC 911032 ~Tax Collector 102A NCR 486 PC 900903 Tax Collector 103A 490 486 CPU 950729 EMS 104A 490 True View Monitor 940859 EMS 105A 490 True View Monitor 940861 EMS 106A 107A 108A 109A 110A 111A 112A 113A 114A 115A 116A 117A 118A 119A 120A EXECUTIVE SUMMARY APPROVAL TO UTILIZE STATE CONTRACTS FOR PURCHASE OF FURNITURE AND FLOOR COVERING OVER TWENTY-FIVE THOUSAND DOLLARS. OBJECTIVE: Seek Board approval to utilize State Contract pricing for capital projects and operating budgets for a twenty-four month period. CONSIDERATIONS: The County will require furniture and floor covering for multiple Board approved capital projects (Sheriffs Operations Addition, Golden Gate Satellite Government Center, Courthouse 4th Floor Project and others) in the next twenty-four months. Additionally, some operating departments may also require these commodities. The State of Florida has formally and competitively bid these items making the discounted pricing available to local governments. The County's Purchasing Policy provides for the utilization of these contracts, but purchases in excess of $25,000 require Board approval. Hence, staff is requesting approval to purchase furniture and floor covering: though State contracts for a period of two years. Under this recommendation, purch, sc ~ not to exceed the appropriation for each project or operating cost center. FISCAL IMPACT: Funds are budgeted in each project and / or operating cost center. GROWIH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve staff's recommendation to purchase State Contract commodities over twenty-five thousand dollars as addressed within this summary. Reviewed By: Reviewed By: Approved By: Skip Ca~np, CFM, ~3irector The Department of Facilities Management Stephen Carnell, Director Purchasing Department Leo E. Ochs, Jr., Admin~istr~i~r Support Services DivisiOn / Date: Date: no. EXECUTIVE SUMMARY APPROVAL TO RECOGNIZE $87,760.85 IN CASH REBATES FROM FP & L RESULTING FROM PERFORMANCE CONTRACTING. OBJECTIVE: To have the Board recognize $87,760.85 in cash incentives from Florida Power and Light for the completion of a Performance Contract negotiated with Johnson Controls Inc. CONSIDERATION: On May 19,1998, the Board approved a performance contract with Johnson Controls Inc., which irnplernented multiple cost saving measures reducing energy consumption on the main campus and satellite buildings. These cost saving measures included new lighting retrofits in 82 separate County buildings. Light fixtures (T-12 fluorescent lighting) were replaced with modern/more cost efficient electronic ballast and T-8 lamps. Additionally, the County's main chiller plant was expanded, increasing its capacity to generate more ice. This added capacity reduced the chiller plant's dependency on commercial power during peak demand hours. This reduction led to Florida Power and Light issuing several rebates for measurable energy savings. As part of this program, Florida Power and Light agreed to pay cash incentives to the County for energy load shedding above previous year's consumption. This load shedding was substantial and Florida Power and Light issued checks totaling $87,760.85. These funds have been deposited into the General Fund. In addition to the rebates received from FP & L, utility savings for the first two quarters have been substantial. During the first nine months (December 98 through August 99), the main Government Complex realized $ 59, 680 in utility bill reduction. These savings are a direct result of improved efficiencies in plant operations and the expansion of its ice storage capacity. FISCAL IMPACT: Funds totaling $87,760.85 have been deposited in the General Fund, GROWTlt MANAGEMENT: None RECOMMENDATION: That the Board recognize the project savings and the deposit of funds totaling $ 87,760.85 into the General Fund as part of Performance Contracting with Johnson Controls Inc. and Florida Power and Light. no. ,I /~ 0 CT 2 6 1999 / SUBMITTED BY: Daniel R. Rodriguez, Facil~as Manager Department of Facflmes Management Date: REVIEWED BY: Skip Camp, CFM, Director Department of Facilities Management Date: APPROVED BY: Leo E. Ochs, Jr., Admii~isttator Support Services Division Date: / :-: ,.,;, ?: OCT 2 ii 19,99 Q Q- §; 0 0 · 0 I~ 0 0 I0 0 010 0 0 I0 0 OCT 2 6 1999 EXECUTIVE SUMMARY AWARD OF RFP # 99-2969 TO NAPLES STUDIO FOR PRODUCTION OF A WEEKLY COUNTY GOVERNMENT CABLE TELEVISION NEWS PROGRAM OBJECTIVE: That the Board of County Commissioners approve a contract with Naples Studio, a television production company, to produce a thirty (30) minute weekly television news show, under the direction of the Public Information Department. CONSIDERATIONS: Notices were issued to forty-one (41) prospective vendors announcing the County's intention to contract with a television production company to produce a weekly thirty (30) minute television news program. Three companies submitted proposals. After careful review and extensive negotiations, staff'recommends the contract be awarded to Naples Studio. The company agrees to produce thirty (30) shows to be televised on Channel 54, the County's government access television channel. The Department of Public Information will approve the format and show content. FISCAL IMPACT: The cost of the contract is $65,000 for thirty shows. Funds have been appropriated in the Public Information Department's operating budget in this amount for this program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize the Chairwoman to sign a contract with Naples Studio to produce thirty weekly news programs in calendar year 2000, subject to County Attorney review for legal form and sufficiency. SUBMITTED BY: Jean Merritt Department of Public Information Date: REVIEWED BY: APPROVED BY: Steve Ua~ell Purchasing Director Leo E. Ochs, Jr. Support Services Administrator Date: Date: // ; .. /.. we? AGE NO~. I Tlr t4 OCT 2 6 1999 Pg. ; APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 10/26/99 Immokalee Median Beautification (Fund 156) Budget Amendment #00-010 Immokalee Lighting Landscaping $5,000 Reserves Reserve for Future Construction (5,000) Total -0- Explanation: Funds are needed for Change Order #1 for Immokalee Downtown Streetscape Beautification Phase II, Sub-Phase "B" Landscaping Project. Wastewater Capital (Fund 414) Budget Amendment #00-011 Capital Wastewater Capital Project SCRWWTP Cnt. #2 Reserves Reserves for Capital Outlay Total $9,000 (9,000) Explanation: Funds are needed for professional staff time in the FY-00 budget to perform and follow through on warranty inspections, resolve outstanding claims, and close out the construction contract. Wastewater Capital (Fund 414) Budget Amendment #00-012 Capital Wastewater Capital Project SCWWRF Reserves Reserves for Capital Outlay Total $9,600 (9,600) -0- Explanation: Funds are needed for professional staff time and other contractual services are needed in FY-00 budget to augment the ongoing SCWRF reclaimed water tank assessment work wl ich was negatively impacted by Tropical Storm Harvey. AGENDA ITEM No. /t t:o) 0 CT 2 6 1999 Pg. / General (Fund 001) Emergency Management Budget Amendment #00-020 Operating Expenses Project Y2K Outreach $9,948 .Reserves Reserves lbr Contingencies (9,948) Total -0- Explanation: Funds are needed to develop flyers, expo and copying charges for the remaining three months of the year for Y2K Awareness/Outreach. A portion will be used to pay overtime for BCC employees working from December 3 l't through the end of the threat. The Board approved this expenditure with the assumption that expenses would be incurred through the changeover date on January 1, 2000. AGENDA ITEM NO._/~ t~c., ) 0CT 2 6 1999 pg._ 52, APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 10/26/99 Immokalee Median Beautification (Fund 156) Budget Amendment #00-010 Immokalee Lightine Landscaping $5,000 Reserves Reserve for Future Construction (5,000) Total -0- Explanation: Funds are needed for Change Order #1 for Immokalee Downtown Streetscape Beautification Phase II, Sub-Phase "B" Landscaping Project. Wastewater Capital (Fund 414) Budget Amendment g00-011 Capital Wastewater Capital Project SCRWWTP Cnt. #2 Reserves Reserves for Capital Outlay Total $9,000 (9,000) Explanation: Funds are needed for professional staff time in the FY-00 budget to perform and follow through on warranty inspections, resolve outstanding claims, and close out the construction contract. Wastewater Capital (Fund 414) Budget Amendment g00-012 Capital Wastewater Capital Project SCWWRF $9,600 Reserves Reserves for Capital Outlay (9,600) Total -0- Explanation: Funds are needed for professional staff time and other contractual services are needed in FY-00 budget to augment the ongoing SCWRF reclaimed water tank assessment work wi :h wa~ negatively impacted by Tropical Storm Harvey. AGENDA ITEM - No. 0 CT 2 6 1999 Pg.,,, / General (Fund 001) Emergency Management Budget Amendment g00-020 Operating Expenses Project Y2K Outreach $9,948 Reserves Reserves for Contingencies (9,948) Total -0- Explanation: Funds are needed to develop flyers, expo and copying charges for the remaining three months of the year for Y2K Awareness/Outreach. A portion will be used to pay overtime for BCC employees working from December 31 't through the end of the threat. The Board approved this expenditure with the assumption that expenses would be incurred through the changeover date on January 1, 2000. AGENDA ITEM No._/~ ~,) OCT 2 6 1999 pg.. ,2, EXECUTIVE SUMMARY AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF SAID AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING MONIES AVAILABLE IN THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND OBJECTIVE: That the Board of County Commissioners accept and approve Agreement #00CP-05-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County for funds that would enhance emergency program activities within Collier County for FY 99-00. That the Board of County Commissioners adopt the attached Resolution indicating Board approval of the Agreement, authorizing the Chairman to execute and accept the Agreement with all understandings and assurances contained therein and to act in connection with the Agreement. That the Board of Commissioners approve the attached budget amendment increasing the Emergency Management operating budget by $3,677. CONSIDERATION: This is the seventh year that the State of Florida has made funds available to allow local governments to enhance their emergency management programs. These funds are available as a result ora surcharge of $2.00 for each residential insurance policy and $4.00 for each business policy. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment or hiring additional personnel. Each county must develop a 5 year Strategic plan which comprises the Scope of Work for the grant. Funds will be awarded only when all work in the previous year's Scope of Work has been satisfactorily completed. For fiscal year 99-00, the Department of Community Affairs has agreed to provide the sum of $105,806 to Collier County for program enhancements. From this sum, the State Division of Emergency Management will deduct the sum of $3,129. for the maintenance of the Emergency Satellite Communication System (ESATCOM) that is installed in the Emergency Operations Center and the 24 hour Warning Point at the Sheriff's Office Communications Center. As in past years, monies from this fund cannot be used to supplant existing emergency management programs nor be used to match funds from another program under this Trust Fund. FISCAL IMPACT: $99,000 was included as revenues for FY 99-00 during the original budget preparation. The attached budget amendment will increase the Emergency Management operating budget by $3,677. GROWTH MANAGEMENT IMPACT: None. AGENDA ITEM No. 1999 RECOMMENDATION: That the Board of County Commissioners approve Agreement #00CP-05-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County, adopt the attached Resolution authorizing the execution and acceptance of said Agreement, and approve the attached budget amendment that would increase the Emergency Management operating budget by $3,677. ~MITTE Ken~rmth_~_.~J~ifieau, Emergency Management Dti'ect0r SC :,--~,.,.~, ,,,, , 7:~.,%,,-~ Date: APPROVED BY: , .- , !,Date: Michael A. McNees, Assistant County Administrator AGEND~,"ITEM ' No tL'~ ~ OC [ 2 a 1999 1 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 34 35 36 37 38 30 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ~6 57 RESOLUTION NO. 99 o RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN TIlE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENItANCEMENT V~'HEREAS, the State of Florida Department of Community Affairs has funds available for Collier County to spend for emergency management program enhancements and, subject to execution of a Grant Agreement between the State and the County, is authorized to disburse Grant funds to Collier County, and V~'H E REAS, the State, by means of proposed Grant Agreement #00CP-05-09-21- 01-0ll is agreeing to prox'ide, by means of reimbursement for costs incurred by the County' in the satisfactory performance ofthat Agreement, up to $105,80600 for items of performance agreed to in said Agreement~ and V(HEREAS, the Board of County Commissioners of Collier County agree that performance of the subject Agreement is in the best interest of Collier County; NOV~', TItEREFORE BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the board approve lhe Agreement ~00CP-05-09-21-01-011 between the State of Florida Department of Community Aft'airs and Collier County' as presented to the Board for review, and hereby authorizes the Board's Chairman to execute the Agreement on behalf of Collier County This Resolution adopted after motiom second and majority' vote in favor of adoption this da'. of , 1999 BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA Pamela S Mac'Kie. Chai~.oman A-[ I'EST D~A'IGIIT E BROCK, CLERK Deputy CIe~k Approved as to Form and Legal Sufficiency': Thomas C Palmer, Assistant County ,Attorney' AGENDA ITEM EXECUTIVE SUMMARY AWARD BID #99-2987 FOR THE PROVISION OF MEDICATIONS FOR THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES. OBJECTIVE: That the Board of County Commissioners award the lowest responsive bid on medications to be purchased by the Department of Emergency Medical Services for Fiscal Year 99/2000. CONSIDERATION: On September 22, 1999 the Purchasing Department issued notices to 8 firms inviting bids for the purchase of medications for Fiscal Year 99/2000. A total of four bidders responded. However, only one bidder submitted prices for all of the medications listed. The lowest responsive bidder who could comply fully with the bid is Sunbelt Medical Supply. The Department of Emergency Medical Services recommends acceptance of the lowest responsive bidder, Sunbelt Medical Supply #99-2987. FISCAL IMPACT: The cost for the approximate quantity of medications for Fiscal' Year 99/2000 will be $72,000 which has been budgeted in Emer§ency Medical Services Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #99- 2987 to Sunbelt Medical Supply for the acquisition of drugs and medications used by the Department of Emergency Medical Services for Fiscal Year 99/2000. SUBMITTED BY: ~~Z~o~~ea:nd ~ REVIEWED BY: ~ t'~'N~ te:______,___._ 2 Diane B.'Flagg, Chief, Department of Emergency Services tA f~ Steve Carnell, General Services/Purchasing Director APPROVED BY ', , ~ Date: ~ M~chael A, McN~ees, Assistant Corn ty Aa~t~JI~c~iFEM No, itt 0Ci' 2 6 1999 Pg. I Iio I~' ~ ~ ~ , ~ ITl m AGENDA ITEM 0 CT 2 6 1999 Pg :.:: : BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 26, 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: mo Districts: Minutes: A° September 27, 1999- October 1, 1999 Eo October 4, 1999 - October 8, 1999 Golden Gate Fire Control & Rescue District - Agenda for October 13, 1999 Fo Immokalee Water & Sewer District - Meeting Notification Dates for 2000 North Naples Fire Control & Rescue District - Resolution for Final Millage Rate for District/Fiscal Year 1999-2000 Environmental Advisory Council - Minutes of September 1, 1999 meeting Code Enforcement Board -Minutes of August 26, 1999 meeting Historical/Archaeological Preservation Board - Minutes of September 17, 1999 meeting Bayshore Beautification Advisory Committee - Agenda for October 6, 1999 meeting and minutes of September 1, 1999 meeting Golden Gate Beautification Advisory Committee- Agenda for October 12, 1999 and minutes of September 14, 1999 meeting County Government Productivity Committee - Minutes of September 15, 1999 meeting Beach Renourishment/Maintenance Committee - Agenda for meeting )_Ct_0be_r_7~ 1_999 ITEM -- OCT 2 6 1999 / Pg.. Ho Jo Ko Lely Golf Estates Beautification Advisory Committee - Agenda for October 8, 1999 and minutes of ~.eptember 17, 1999 meeting Golden Gate Estates Land Trust Committee - Minutes of August 23, 1999 meeting Pelican Bay MSTBU Advisory Committee - Agenda for October 6, 1999 and minutes of September 1, 1999 Collier County Planning Commission - Agendas for August 19, 1999 and October 7, 1999 and minutes of July 15, 1999, August 19, 1999 and September 2, 1999 meetings AGEND~ ~-=F ~-M ..... No. / &~,,/__ _ OCT 2 6 1999 EXECUTIVE SUMMARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. OBJECTIVE: TO have the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report form. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations with the U.S. Department of Justice and. U.S. Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. The Departments of Justice and Treasury require a Federal Annual Certification Report be submitted within 60 days after the end of each fiscal year that indicates funds received and spent. The fiscal year 1999 Federal Annual Certification Report needs to be signed by the Chairwoman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for separately by the Sheriff's Office. Funds are used tq supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the Federal Annual Certification Report form. PREPARED BY: APPROVED DATE: a:XS. feac9 .... KiNZ'~I~, FINAN~ DIRECTOR BY: '~ SHERIFF October 12, 1999 AGENDA I!EM No. _ Pg. I FILE NO.: ROUTED TO: DATE RECEIVED: Date: October 12, 1999 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) To: From: Re: Office of the County Attorney Crystal K. KinzelC'~_~ _,._ (Name) (Title) Sheriff's Office Finance Division (Division) (Department) Federal Equitable Sharing Annual Certification Report (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give concise,and articulate). , Attention: Thomas Palmer, Esq. , Finance Director background information - be specific, The Sheriff's Office is required to submit a Federal Equitable Sharing Annual Certification Report within 60 days after the end of each fiscal year. The law enforcement agency head and the authorized responsible official of the -'~verning body are required to sign the annual report. Board approval is eded for Board Chairwoman Pamela S. Mac'Kie to execute the Federal Annual certification Report for fiscal year 1999. (Are there documents or other information needed to review this matter? yes, attach and Teference this information). If TI{IS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. ) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Divislon Head or Constitutional Officer. jh/a: lefe9 AGENDA ITEM No.~ b r 2 Federal Annual Certification Report Thll Annual Certification Report muir be lubmltted within ~0 days after the elo~e of your fl~cal year to both U.S. Department of JusOcelACA Program Asset Forfeiture and Money Laundering Section PO~ 27768 Washington, D.C. 20038 E-mail address: program.aca~usdoj.gov Fa~c. (202) 616-1344 Law Enforcement Agency: Collier County 0 Police ~m~nt (~ s~e~n' s Omce/~m~nent Contact Person: Attorney Danny Shryv~r Maili.g Address: 3301 Tamiami Trail East, (SU~et) Telephone Number: ( 94] ) 7Q.q-q9c)) Agency Fiscal Year Ends on: 9/30 (~o.m/Day/Year) Sheriff's Office U.S. Department of the Treasury Executive Office for Asset Forfeiture 740 15~ Street, N,W., Suite 700 Wamhinglon, D.C. 2022O Fa~, (202) 822-~10 0 Task Force' 0 Prosecutor's Office 00thor E-mall Addrees: N/A Buildinq J Naples Florida 34112 (cit~) (sta~) (zip cod~) Fax Number: ( 941 ) 7c)3-c)19~ NClClORi/'rracking No.: F1'.0.1.10000 Summary of Equitable Sharing Activity Juetlce Funde Tmaau~/ Funds 1. Beginning Equitable Sharing Fund Balance $ 0. O0 $ 0. O0 2. Feder~ Sharing Funds R~ived $ 5,848.80 $ 0.00 3. Otherlncome $ 0. O0 $ 0.OO 4. Interest Income Accrued $ 111.00 $ 0.00 5. Total Equitable Sharing Funds (total of lines ! - 4) 6. Federal Sharing Funds Spent (total oflines a- l) S ( 0,00 ). $( 0,00) 7. EquitablcSharingFundBalance(subtractline6fromline5) $ 5t959.~0 $ 0.00 8. Appraised Value of Other Assets Received $ 0.00 $ 0.00 Summary of Shared Monies Spent a. Total spent on salaries for new, temporary, not to exceed l-year employees $. 0.00 $ 0. O0 b. Overtime $ 0. O0 $ 0. O0 c. Total spent on informant and "buy money" $. 0. O0 $ O, 00 d. Total spent on travel and training $ 0, O0 $ O. O0 e. Total spent on communications and computers $. O, O0 $ 0,00 f. Total spent on firearms and weapons $ 0. O0 $ O. O0 g Total spent on body armor and protective gear $ 0.00 $ 0.00 h. Total spent on electronic surveillance equipment $ 0.00 $' ; 0.00 i. Total spent on building and improvements $ 0. O0 $ 0.00 j. Total spent on other law enforcement expenses (attach list) $. O. O0 $ ' O. O0 k. Total transfers to other law enforcement agencies (attach list of recipients) $ 0. OO $ O _ On 1. Total permissible use transfers (attach list of recipients) $. 0.00 $ 0. OO m. Total annual law enforcement budget for your jurisdiction for current riscal year $ 59 r 998 t 300 n. Total annual budget for non-law enforcement agencies for current fiscal year $ N/A o. Total annual law enforcement budget for your jurisdiction for prior fiscal year $ ~ p. Total annual budget for non-law enforcement agencies for prior fiscal year $ N/A Under the I~nilty of I~rjury, the undersigned hereby certify that the information in this r~,pon is aa accurste ~ounling of funds re~v~d and sp~t .by ti~ hw ~t'om~r, mt &g~,cy uad~r the fede~l eqmmble sharing program duriag ~is repot~ing pe~od. Don Hunter 10/12/99 Sheriff Representative Date Tide (Print or Type) Attach list o£member agencies with their addresses and indicate lead agency. Pamela S. Mme' ffi ~ N~,ne (l~nt or Type) Governing Body He. ad or Authorized (Signature) Chairwoman, Coll.ier Title (Print or Type) 0'ii' 2 6 1999 County Cor~nission This form~ p ~{~ ~is subject to the~Freedom~ F[~etg4~°f lnf°rmati°n~'dct and~t ~may be ~l~l~' [ff'e~ .released to requestS.~ vv.~,?l~ sJ44j.under EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A LEGAL SERVICES AGREEMENT WITH FIXEL & MAGUIRE AS LEGAL COUNSEL TO REPRESENT COUNTY RELATING TO COUNTY'S PROPERTY ACQUISITION INTERESTS INCLUDING EMINENT DOMAIN PROCEEDINGS, FOR THE RADIO ROAD IMPROVEMENT PROJECT (PROJECT NO. 65031). OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm of Fixel & Maguire as legal counsel to represent the county relating to county's property acquisition interests, including eminent domain proceedings for the Radio Road Improvement Project (Project No. 65031) between Airport Road and Davis Boulevard. CONSIDERATIONS: The use of expert outside counsel for the Radio Road eminent domain proceedings in coordination with the County Attorney and professional staff better assures that the project objectives be achieved in a timely manner in accord with prior Board directives. Attorney Joe Fixel and the firm of Fixel & Maguire have been counsel for Collier County on many capital improvement projects over the past several years. County Attorney staff will be utilized with the firm to reduce costs. The County Attorney has reviewed this approach/selection with professional staff, and has also received the support and concurrence from both the Public Works Administrator and the Public Works Engineering Director. Requested periodic legal services, as may be authorized by the County Attorney, will be compensated unto Fixel & Maguire at a discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Additionally, the firm shall be compensated at a rate of $60.00 per hour for paralegal services. '-,q~FISCAL IMPACT: Funding is available for legal services for Radio Road in road impact fe~ District 2. Fund: 333 - Road Impact Fees (District 2) Cost Center: 163650 - Road Impact Construction Project No.: 65031 - Radio Road Improvement Project GROWTH MANAGEMENT IMPACT: Radio Road is a Capital Improvement Element (CIE NOS. 15 and 16) of the Collier County transportation plan, and as such, the recommendations herein are consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approve the attached Legal Services Agreement with the firm of Fixel & Maguire and authorize the Chairwoman to execute same. Reviewed by: Micah Mas~i, Project Manager Date ~ Public Works Engineering Department Reviewed by: Bibby, P.E. PWED Director Date Reviewed by: Public Works Administrator Date( Approved by: County Attorney h:hennie/HFA/executive summaries/1999 Radio Road Improvement Project AC~NDA ITEM NO. OCT 2 6 1999 :Si:.Nl ~Y:Xerox lelecop~er 'l~lZ'i ;10-11-9~ ; 4;~J4P~l ; dub_ r-J. Xb.L-~ tU~,I'I'/~UZZg;~ '? 1941774~225 ~OL~Y RTTORNEY ?18 P~2 OCT 07 '99 15:44 THIS LBO~ S~~ AG~-~ ~e ~ ~ ~ ~ ~ ,~y of_ _, 199~, by ~ b~ ~ B~d of Co~ C~on~, ~=~ ~or "~W"), ~d ~e hw ~ ofNixel & M~, 211 ~ ~~ S~t, T~6e, ~ofida 32301. ~~ ref~ to ~ '~1'~. ~c p~ h~e~, in c~{d~on of~ p~mc: ~ m~y ~ ~ follow~: co~~ce, ~~ca~o~. etc. ~d to ~end ~ neBc~afio~ mc~$, 3. ~e Bo~d, ~u~ i~ Public ~ks Bn~n~ D~~t h~by ~ ~ pay Co~scl ~ compc~afion for leSal ~ce~ at Co~el'~te of$23~.~ p~ ho~ ~r all ~ wo~ ~ $2~.~ p~ ho~ ~r non-~al wo~. Co~l sh~l bc ~mp~sated at $~,~ p~ he~ for p~c~ls pm~d~g a~c~ 4. ~c Bo~ h~by ~e~ to rc~b~e Co~I for ~ of m~ling, c~ies, ~lcs, te[~hone cxp~= ~d docum~I ~~ e~s (e.~., '~ Exp~"', etc.) ~c~ p~t to ~ ~em~t, provid~ ~ auch co~ ~ ~~ by ~pwp~ate doc~fion submi~ed ~ ~e ~voice or ~t~t for leal se~ w ~e Co~W P~ 1 of 4 A~DA ITE~ OCT 2 6 1999 p~. -~ SENT BY:Xerox Telecop£er '/021 ;10-11-99 ; 4:05P1~ ; JOE FIXEL-* 19417740225;# 3 lCJ4177,~25 COUNTY ~TTO~I~Y 718 F~3 OCT A~torn~. Couasel's travel expgme~ are ~p~ly ~c~ ~m ~m ~t ~m S. A I~t or ~voi~ f~ 1~ ~ ~ ~ ~ ~~ by ~1 ~ bo bi~ ~ ~e ~ ~m~ ~ a m~y ~ q~y b~ at ~ ~~ of ~~. ~voi~ s~l ~ M a ~~ ~e follo~ ~~on: 1) ~ ~p~ ~e o~ pay~ ~ it ~ ~ ~c ~~t; 2) ~ ~e of~e ~voice; ~ 3) ~e d~p~on of~ ~d ~e ~e ~od ~ w~ch billable s~c~ w~ ~e~ ~1 p~ ~ ~ ~lu~on of ~y · ~ui~ ~~g such ~ ~bject to'~d sh~l be pmoess~ ~ ~~ce ~ ~~ 218, VH, o~c~isc ~o~ ~ '~ ~lofl~ Pr~pt Pa~ent Aol." ~c Co~W ~nU ~y ~ ~vote~ to pay ~y ~voicc for lc~g sc~c~ ~ ~e ~e p~ ~ifl~ ~ 8eoRon 218.74, S~tes, Co!m~el ~ have ~e g~t m ~volce for ~t~t on ~e ~p~d ~voice ~ ~e ~ of one pe~t (1%) p~ mon~ compo~ monthly comm~g ~ (30) ~ys ~ ~e ~ ~e. 5. Co~l shall be solely ~spo~ible ~ p~ ~ whom i~ ~1 de~ ~ ~ out te~s offs ~enl ~d s~l not su~on~ct its ~ongbiUg~ ~ ~ ~ ~ ~ ~~t. ~scl a~l ~ ~er's ~fession~ LiabiU~ ~ce In ~ ~o~ not l~s .. ~ $1,~,~0 per oc~ence. ~ ~ce c~iflcae ~d~c~ ~s L~'s ~fes~on~ Liabili~ i~n r~ment shall bc tend~ to ~e Colli~ Co~W ~ D~~t ~ fo~e~ (14) dsyn of~e date offs C~ v~id ins~ce poliw(i~) m~c~ ~e ~em~t h~ id~fi~ sh~l be m~ed by Co~el d~ ~e d~on o~s A~e~l. R~ ce~c~s) ~1 be ~ ~e Co~W ~ (3~) days prior to ~e cxp~ date(s) on ~y ~ch polio~i~). ~e a ~ (30) ~y nog~cati~ to the Bo~ ~ ~e ev~t o~c~cell~on or mo~fi~fl°n of~y gtpulatmt insurance eove~ge. AGENDA ITEi~' . No. OCT 2 6 1999 Pg. SENT BY:Xerox Telecopier 7021 ;10-11-99 ; 4:05PM ; JOE FIXEL~ 19~17740225;# 4 · 1¢J4177~5 ~ ~TTORNEY ?la F~4 ~ ~7 ~99 15:44 7. Coun~l ~dl pmteck dcfcnd, lndemnlf~. ~nd hold th~ Board md its or, cern. employee.. and aSents harmle~ from and asain~t any and all lo~es, pen~Q~ dam~es, prof~sional includtn~ attorney fees ~d all corn of l/til~t~n ~I ju~sraents ari~in~ out ofm~, willful intentional misconduct, negliSant acts or error or omission of Coun~l, its sul~nsultants, subcontractors, a~ents or cmployeea, arisinl~ out of or Incidental to the perfmmimce of this A~reement or work performed thereunder, includinl; any claim(i) brought aSiins! the County, its officer~, employees, or agents by any employee of Counsel, any subconsultsnts, subcontractor, or anyone directly or indirectly employ~ by arty of them. Counsel's oblitp~ton under this provision shall not bc limited in any way by thc asreed-upon total contract fee specified in this A~eement or the Counsel's limit of', or lack of, sufficierit insurance protection. The parties a~ree th~ one percent (1%) of thc total compensation to Counsel for performance or,trices authorized by this A~reement ii specific consideration for Counsel's Indemniflcatian of the County. 8. Counsel a~re~s to obtain and pay for all permits and liomaes necess,try for the conduct of its businesa and a~rees to comply with all laws l~ovemin~ the respo~ibillty of an employer with respect to persons employed by Co~m-~tl. Counsel shall also be solely responsible for payment of any and all taxes lcided on Counsel. In addition, Counsel shall comply With ail rules, re~ulatton~ and laws of Collier County, the State of l;lorida, or the U. S. Government now in force or hereafter. 9. It is mutually a~rced between the parties that all authorization for legal services shall ori~tte with thc County Attorney. 10. Either party rnsy terminate this ABrecrncnt for convenience with a mhlimum ofthizty (30) days written notice to thc other part')'. The partie~ shall d~l with each other in l~ood fkith dtuini the thirty (30) day period after any notice of intent to terminnte for convenience has Been OCT 2 6 1999 Pg. _5-' SENT BY:Xerox Tele¢op£er 7021 ;10-11-99_; 4:o6PM blX~L~ · 1941'~74~ COUNTY RTT~NEY ?lB PI~ OCT 07 '99 15:45 ~iven, Thc County ~mmm~v~m th~ ri~h~ to tmnin=te ~m A~reement immediately, for ;m~, upon written notice m C~ma~l. I 1. Thim A~mz'ment ~ be e~ectiw upon ox¢ou~Ion by ~ Bom. d end C~tm~l. IN WITN]~S ~REOP. Counsel nnd th~ Bom-d, ~tvo ~, ~vmly..~ ~ eu~ ~n or eS~ h~d~ s~ ~ hm~ ~d ~ ~ ~ ~e md y~ ~t ~ve BOARD OF CO~ COLLX~ COUNTY'. FLOR~A By: By:, PAMELA 8. MAC' _~m., CHAIRM,A.N Approvmd by:, leffBibby, Dtr~otor Public Works Dmpm-tmmnt P~tSe 4 of 4 AGE. NDAITEM NO._/~ ~" ~.~ OCT 2 6 1999 pg._ ~ EXECUTIVE SUMMARY TO RECOGNIZE AN ADDITIONAL GRANT OF $27,500 AND INCREASE THE IMMOKALEE T-HANGAR CONSTRUCTION BUDGET BY $55,000. OBJECTIVE: For the Board of County Commissioners to recognize an additional grant of $27,500 and to approve a budget amendment that will increase the Immokalee t-hangar construction budget by $55,000 with no additional funding required from the Board of County Commissioners. CONSIDERATIONS: The Airport Authority is preparing to construct a new set oft-hangars at the Immokalee Regional Airport which will increase airport revenues. The engineer's cost estimate for the project exceeds the budgeted amount by $55,000. The additional cost is a result of an increase in market conditions and an increase in the size and type of taxi lane required. The engineer recommends a 35 foot taxi lane with build-out drainage to improve the flow &traffic and to prepare drainage flows for future apron expansion. Staff has secured a $27,500 supplemental grant from the Florida Department of Transportation to cover the additional project costs. This supplemental grant requires a 50% match of $27,500 which can be transferred from capital reserves. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: No additional funding is required from the Board of County Commissioners as funds are available in the Airport Authority's capital budget. The proposed budget amendment will increase the Immokalee Regional Airport t-hangar project budget in thc Airport Authority Capital Fund (496) by $55,000. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed budget amendment. PREPARED BY: APPROVED BY: J~e Lr~ua er~~~~na~ t~n ~. Dry, ExeCutive Direr::, AGENDA ITEM No, itt ~L t 0CT 2 6 1999 Pg. EXECUTIVE SUMMARY PETITION PUD-98-07(1) KAREN K. BISHOP OF PMS, INC., OF NAPLES, REPRESENTING KENCO DEVELOPMENT, INC., REQUESTING A REZONE FROM "PUD" (WYNDHAM PARK) TO "PUD" TO BE KNOWN AS INDIGO LAKES HAVING THE EFFECT OF AMENDING THE PUD DOCUMENT FOR THE PURPOSES OF CHANGING THE PROJECT NAME, INCREASING THE PROJECT ACREAGE FROM 120.85 +/- ACRES TO 140.85+/- ACRES, CHANGING THE DENSITY FROM 3.66 UNITS PER ACRE TO 3.14 UNITS PER ACRE, AND CHANGING THE PROPERTY OWNERSHIP FOR PROPERTY LOCATED ON C.R. 951, SOUTH OF THE EXISTING OAK RIDGE MIDDLE SCHOOL, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to repeal the current Wyndham Park PUD and to adopt a new PUD in order to change the name from Wyndham Park PUD to Indigo Lakes PUD; to change the PUD boundary in order to add twenty (20) acres to the PUD; and to reduce the density of development from 3.66 dwelling units per acre to 3.14 dwelling units per acre without essentially changing the land use strategy. CONSIDERATIONS: The approved Wyndham Park PUD presently allows a mixture of single family and multiple family residential development. The maximum permitted number of dwelling units is 442, which computes to a gross density of 3.66 dwelling units per acre. The replacement PUD updates the PUD to the current formatting policy and references. It also seeks to change the name of the originally adopted Wyndham Park PUD to the Indigo Lakes PUD; to add twenty acres of land to the north side of the existing project; and to reduce the density from 3.66 to 3.14 dwelling units per acre. This petition does not propose to add additional dwelling units above the 442 which were approved at the original adoption of the Wyndham Park PUD. There will be no decrease in the size of the previously approved preserve areas. There will be no change in the location and numbers of access points originally approved under the Wyndham Park PUD. This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. Ar._,~ND~ ~TEM OCT 2 6 1999 PROS/CONS: PROS: This petition does not propose to add additional dwelling units above the 442 which were approved at the original adoption of the Wyndham Park PUD. There will be no decrease in the size of the previously approved preserve areas. There will be no change in the location and numbers of access points originally approved under the Wyndham Park PUD. The density will be reduced from the originally approved 3.66 dwelling units per acre to 3.14 dwelling units per acre. CONS: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off- set the impact of each nexv development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Future Land Use: The applicant is not requesting an increase in density or permitted number of dwelling units. For these reasons, 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 Wyndham Park PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. This rezoning action will do nothing to impact the Growth Management Plan. AGF~DA ITF_M OCT 2 6 1999 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The CCPC voted unanimously to recommend that the Board of County Commissioners approve PUD-9$-07(1). PREPARED BY: /SCUSAN MURRAY, AICP CHIEF PLANNER REylE%TEII ~Y: ,~,O~^L5 ~. ~0, ^ICP, n^N^CER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES /U--/2~ DATE APPROVED ~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE ' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-98-07(1) Indigo Lakes PUD This petition has been tentatively scheduled for the October 26, 1999 CCPC Meeting. ACtA iTF.~ ~o. OCT 2 6 1999 TO: MEMORANDUM AGENDA ITEM 7-K FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRON. SERVICES DIVISION SEPTEMBER 2, 1999 PETITION NO: PUD-98-07(1) INDIGO LAKES (WYNDHAM PARK) OWNER/AGENT: Agent: Owner: PMS, Inc. of Naples 2335 Tamiami Trail N., Suite 408 Naples FL 34103 Kenco Development, Inc. 255 East Drive, Suite D Naples, FL 34119 REQUESTED ACTION: The petitioner seeks to repeal the current Wyndham Park PUD and to adopt a new PUD in order to change the name from Wyndham Park PUD to Indigo Lakes PUD; to change the PUD boundary in order to add twenty (20) acres to the PUD; and to reduce the density of development from 3.66 dwelling units per acre to 3.14 dwelling units per acre without essentially changing the land use strategy. GEOGRAPHIC LOCATION: The subject site is located within the southern half of Section 27, Township 48 South, Range 26 East, on the west side of C.R. 951 just south of Immokalee Road, adjacent to and directly south of Oak Ridge Middle School. PURPOSE/DESCRIPTION OF PROJECT: The approved Wyndham Park PUD presently allows a mixture of single family and multiple family residential development. The maximum permitted number of dwelling units is 442, which computes to a gross density of 3.66 dwelling units per acre. The replacement PUD updates the PUD to the current formatting policy and references. It also seeks to change the name of the originally adopted Wyndham Park PUD to the Indigo Lakes PUD; to add twenty acres of land to the north side of the existing project; and to reduce the density from 3.66 to 3.14 dwelling uml per acre. This petition does not propose to add additional dwelling units above the 442 which were approved at the original adoption of the Wyndham Park PUD. There will be no decrease n 1 AGENDA ITEM /7,/t OCT 2 6 1999 Pg. /7y o, LNO,i iT. 2 6 1999 the size of the previously approved preserve areas. There will be no change in the location and numbers of access points originally approved under the Wyndham Park PUD. SURROUNDING LAND USE AND ZONING: Existing: The property is presently zoned PUD, is undeveloped and consists of wooded acreage and former agricultural land. Zoning Land Use Surrounding: North - Agriculture (A);Laurelwood PUD; Oak Ridge Middle School South - Agriculture (A); vacant Agricultural land East- C.R. 951 right-of-way West- Heritage Greens PUD; golf course GROVe'TH MANAGEMENT PLAN CONSISTENCY: The Indigo Lakes PUD is located on the west side of C.R. 951, approximately 0.6 of a mile south of the Immokalee Road/C.R. 951 intersection, abutting the Oak Ridge Middle School's southern and western boundaries. The site is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, which are authorized uses of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 3.14 dwelling units per acre and is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: 47 acres within activity center 'density band 93.83 acres outside activity center +7 dwelling traits/acre +4 dwelling units/acre Therefore, 47 acres ~ 7 du/acre= 329 units + 93.85 acres ~ 4 du/acre = 375 Total eligibility: 704 units The requested 442 units are well below the eligible maximum of 704 units. 2 A portion of the subject property (47 acres) is located within one (1) mile of an Activity Center located at CR 951 and Immokalee Road. Lands surrounding the subject site are developed with or are currently zoned to allow densities which range from one (1) unit per five (5) acres up to 5.96 dwelling units per acre for the Laurelwood PUD. Residential properties immediately abutting the subject site to the west are developed at a density of 2.10 and to the north, 5.96 dwelling units per acre. The approved land uses allowed in this PUD are consistent with the provisions of the FLUE relative to a Mixed Use urban residential land use designation. There are no proposed changes to the types of uses permitted or an increase in the permitted density or number of permitted dwelling units. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCH AEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FO R ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape ~lae content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planmng Commission, and the County's Board of Commissioners. The petition was administratively reviewed on behalf of the EAC and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. Because the additional twenty (20) acres are former agricultural land and already disturbed, staff did not feel that the original EIS needs to be modified. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land fi'om "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. The proposed amendment to the PUD is to change tl~ name from Wyndham Park PUD to Indigo Lakes PUD; to change the PUD boundary in order to add twenty (20) acrcs to the PLq3; and to reduce the density of development from 3.66 dw~llint~'::'-~-r umts per acre to 3.14 dwelling units per acre without essentially changing the land use strategy.c. 3 These proposed changes will not have a negative impact on the density or infrastructure internal or external to the project. For these reasons, 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 Wyndham Park PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. Relative to the addition of twenty (20) acres, staffs analysis reveals that the additional land area is compatible to adjacent properties. Specifically, the east side of the twenty (20) acre tract abuts an existing retention pond as part of the Oak Ridge Middle School development. The north side of the tract abuts the Laurelwood PUD. Laurelwood is a residential development approved for a density of 5.96 dwelling units per acre. The west side of the tract abuts the Ibis Cove PUD, also a residential planned unit development, approved at a density of 5.5 dwelling units per acre. A precursory review of all three PUD Master Plans indicate that residential tracts planned for the subject site will abut similar residential tracts proposed for the abutting properties. Building heights and types will be similar and compatible. Changing the project's name will not have an impact on surrounding properties, nor will it impact the development itself from a land use perspective. Those County agencies responsible for reviewing project names did not find the proposed change to have a detrimental affect on public safety. None of the proposed amendments will have a negative impact on traffic circulation or utilities. Transportation interconnection between the subject site and abutting properties does not appear feasible. The layout of the PUD Master Plans for the Laurelwood and Ibis Cove PUD's does not facilitate an interconnection to the subject site. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD- 98-07(1 ) being a petition to repeal the current Wyndham Park PUD and adopt the Indigo Lakes PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document). 4 OCT 2 6 1~99 PREPARED BY: .g0SAN MURRAY, AICP CHIEF PLANNER , VIEWED BYe: RO~ALD ~.'~INO, AI-CP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: / ~ o)//' ,"_ .// /. VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMU:XFITY DEVELOPMENT & ENVIRONMENTAL SVCS. DIVISION Petition Number: PUD-98-07(1) Staff Report for the October 7, 1999 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the October 26, 1999 BCC meeting. o= ssio : · ~, mm,. A ....,_, Eq', CHAIRPERS ON Petition Number Date -. :- -. APPLICATION FOR PUBLIC HEARIN FOR PUD AMENDMENT/DO AMENDM~ COMMUNITY DEVELOPMENT DMSI¢ -z-,--~,.. ; ca ~, &D k.? :'"--'~" ............. ' PLANNING SERVICES Name of Applicant (s) Kenco Development, Inc. Applicant's Mailing Address. 255 East Drive; Suite "D" City Melbourne State Florida Zip 32904 Applicant's Telephone number: Res: Bus: (407) 726-8990 Is the applicant the owner of the subject property? X Yes No X (d) ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. ~ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ~ (c) If applicant is a parmership, 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. ~ (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 K. Bishop Agents mailing address: City: Naples State: Telephone number Res.: Finn: PMS, Inc. of Naples 2335 Tamiami Trail North; Suite 408 Florida Zip: 34103 Bus.: (941) 435-9080 /7__/t 3. PUD ORDINANCE NAME AND NUMBER: WYNDHAM PARK / PUD #98-7 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 27 TOWNSHIP 48S RANGE 26E 5. Address or location of subject property: Ridge Middle School. Coun _ty Road 951, south of the existing Oak 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Not Applicable 7. TYPE OF AMENDMENT: __ A. PUD Document Language Amendment X B. PUD Master Plan Amendment __ C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: XX YES __NO If no, explain: :--:._...If 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? If so, in whose name? Yes PETITION #: PSP 98-16 - R.A. Gonzalez, PE c/o Banks Engineering, Inc. DATE: 11/19/98 PETITION #: PUD 98-7 - Michael R. Fernandez c/o Planning Dev., Inc. DATE: .11/19/98 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. XX No. If yes, describe: (attach additional sheets if necessary). AFFIDAVIT I, Kenneth P. Saund _fy, Jr. of Kenco Development, Inc. being first duly sworn depose and say that we are the owners of the property described herein and which is the subject matter of the proposed heating; sketches, data, and other supplementary matter attached to and made part of this application are honest and true to the best of our knowledge and belief. We understand this application must be complete and accurate before a heating can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. MgnatureSi~ature oofuOw~ej ! / Signature of Agent- ~ Kenneth P. Saund~ry, Jr., V.P. Karen K. Bishop, President Kenco Development, Inc. PMS, Inc. of Naples State of Florida County of Collier The foregoing Application was acknowledged before me this /~%ayof J~ , 1999 by ~81a %u~4 ~ i ~cl, rt34 ~:::~h~?who is personally ~own to m~ or has produced as identification and who did (did not)~ake an oath. Si~re of Nom~ ~blic I ~ !~~,~1 ~ ~i~~ / Nota~ ~blic Co~ission ~ My Co~ission Expires: 261999 ORDINANCE NO. 9% AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI2qCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 86275; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS INDIGO LAKES HAVING THE EFFECT OF AMENDING THE PUD DOCUMENT FOR THE PURPOSES OF CHANGING THE PROJECT NAME, INCREASING THE PROJECT ACREAGE FROM 120.85+ ACRES TO 140.85+ ACRES, CHANGING THE DENSITY FROM 3.66 UNITS PER ACRE TO 3.14 UNITS PER ACRE, AND CHANGING THE PROPERTY OWNERSHIP, FOR PROPERTY LOCATED ON C.R. 951, SOUTH OF THE EXISTING OAK RIDGE MIDDLE SCHOOL, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 140.85+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-9, THE FORMER WYNDHAM PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop, of PMS, Inc. of Naples, representing Kenco Development, Inc., petitioned the Board of County Commissioners to change the zomng classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development m accordance with the "Indigo Lakes" PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 86275, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWQ: Ordinance Number 99-9, known as the Wyndham Park PUD, adopted on February 9, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. ' .... 1999 /¥ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUD-984)7( 1 ), ORDINANCEJSM/ts -2- INDIGO LAKES (F.K.A. WYNDHAM PARK) A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Kenco Development, Inc, 255 East Drive; Suite "D" Melbourne, Florida Prepared By: PMS, Inc. of Naples 2335 Tamiami Trail; Suite 408 Naples, Florida 34103 941 ! 435-9080 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 7.14.99 Exhibit "A" 1299 TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS STATEMENT OF COMPLIANCE ii iii SECTION I II [] IV PROPERTY OWNERSHIP & DESCRIPTION 1-1 PROJECT DEVELOPMENT REQUIREMENTS 2-1 LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3-1 DEVELOPMENT COMMITMENTS 4-1 1-2 2-7 3-4 4-4 LIST OF EXHIBITS AND TABLES o EXHIBIT "A" - PUD MASTER PLAN TABLE I - INDIGO LAKES ESTIMATED LAND USE SUMMARY TABLE I1 - SUMMARY OF DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL 2-2 3-4 ii STATEMENT OF COMPLIANCE The development of approximately 140.85 acres of property in Collier County, as a Planned Unit Development to be known as Indigo Lakes will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of Indigo Lakes will be consistent with applicable comprehensive planning objectives of each of the elements of the Comprehensive Plan for the following reasons: The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project will be served by a complete range of 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. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. o The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE) and therefore is eligible for the base density as provided by the FLUE Density Rating System. The proposed density for the project is 3.14 units per acre which is less than the maximum density provided by the FLUE Density Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy 5.1. Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47 acres is within the one mile radius density band of the Immokalee/CR 951 Activity Center and therefore is eligible for an additional (3) units per acre. The project's eligible density is therefore is 47 acres at 7 d.u./acre' yielding 329 units and 93.85 acres at 4 d.u./acre yielding 375 units; the sum project potential is 704 units or 5.0 d.u./acre. In summary, the subject property has an area of 140.85 acres and is proposed to be developed with maximum of 442 units. The project site will have a density of 3.14 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. iii .... r 1 99 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND 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 Indigo Lakes. LEGAL DESCRIPTION The subject property being: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE NORTH 1/: OF THE SOUTH V2 OF THE NORTH V2 OF THE SOUTHEAST 1/4; THE SOUTH OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH 72 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THE NORTH V2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THE SOUTH V2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE PORTION THEREOF CONSTITUTION ROAD RIGHT OF WAY FOR COUNTY ROAD ~1¢951. SAID LANDS SITUATE LYING AND BEING IN COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM THE EAST 100 FEET OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, HAVING BEEN CONVEYED TO THE STATE OF FLORIDA FROM THE USE AND BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEED FILED UNDER CLERK'S FILE No. 37482 IN OFFICIAL RECORDS BOOK 13, AT PAGE 61. THE NORTH V: OF THE NORTHEAST ¼ OF THE SOI.YrHWEST ¼ OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, OFFICIAL RECORDS BOOK 1949, AT PAGE 976. PARCEL CONTAINS 140.85 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is under unified control through contracts for purchase agreements. The purchaser is Kenco Development, Inc., hereafter called "applicant or developer". GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27, Township 48 S, Range 26 E, Collier County. The parcel of approximately 141 acres is located adjacent to and west of CR 951 and approximately 0.6 of a mile south of Immokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. Bo The zoning classification of the subject property prior to the date of this approved PUD Document was PUD and A/Agriculture. 1-1 1.5 1.6 1.7 PHYSICAL DESCRIPTION The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is, therefore, generally clear of vegetation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity to CR 951 and the project's singular proposed access. The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3, 1986. PROJECT DESCRIPTION Indigo Lakes is a planned development consisting of a mixture of single family and multi-family units. Access to the subject parcel will be from the parcel's frontage on CR 951. SHORT TITLE This Ordinance shall be known and cited as the "Indigo Lakes Planned Unit Development Ordinance." 1-2 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project's 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 Regulations for development of Indigo Lakes shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Indigo Lakes shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other sections of the Land Development Codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo 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. 2-1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including and use of land for the iljustrated graphically by Exhibit "A", PUD Master Plan. acreage noted, is USE Residential INDIGO LAKES LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY MAX. D.U.'s ACRES 442 140.85 +/- (gross) Open Space @ 60% N/A (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 84.50 +/- Bo This acreage includes open space or recreational areas that may be located within residential acreage. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project's development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. 2-2 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The project shall be developed at a maximum density of 3.14 dwelling units per acre. 2.5 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, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. 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. Co 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 method for providing perpetual maintenance of common facilities. mo Except as provided herein, the 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. Fo 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 the 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. 2-3 2.6 MODEL HOMES AND SALES FACILITIES Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the residential development of said U'act subject to the following: A. Models may be constructed prior to recording of a plat. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. Co Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for single family dry models pursuant to this section. Do Prior to the recording of any plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks and the like as set forth herein. If platting is required, corrective deeds shall be recorded once the plat is recorded. Eo Temporary access and utility easements may be provided in lieu of dedicated rights-of-way for temporary service to model homes. 2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Indigo Lakes. ho LDC Section 2.4.7: The hedge requirement for a perimeter buffer along the Heritage Greens Golf Course may be waived by the Development Services Director subject to an approved landscape plan. The landscape plan shall depict landscape enhancements to the existing drainage canal along Indigo Lakes' western frontage. The hedge requirement for the perimeter buffer along the existing lake located at the Middle School to the north and east may be relocated onto the Middle School property as approved by the Collier County Public Schools. The relocated buffering shall create a buffer along the east side of the existing lake. 2.8 DEVELOPMENT SCHEDULE The applicant estimates completion of improvements to the property should occur by January 2004. ..... 2'99 2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2-4 OCT 2 6 199[ 2.10 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE 2.11 2.12 2.13 2.14 2.15 2.16 Whenever the developer elects to create land area and/or recreation 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 instruments for the establishment of a Property Owners' Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the Land Development Code. Open space shall include all pervious green space within development parcels and lots. AGRICULTURAL ACTIVITIES The site has previously been and is currently utilized for agricultural purposes. Agricultural activities, as defined in the Land Development Code, shall continue to be a permitted use throughout the project until such time as residential development has commenced. EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the Developer, their successor or assign. HISTORICAL/ARCHAEOLOGICAL IMPACT Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Indigo Lakes PUD. General permitted uses are those uses which generally serve the Developer and residents of Indigo Lakes PUD and are typically part of the common infrastructure or are considered community facilities. 2-5 A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. o Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and recreational facilities, community centers. o Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to the requirements set forth in the Collier County Land Development Code. Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. o Fill storage subject to the standards set forth in the Collier County Land Development Code. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - eighteen feet (18') except for guard houses, gatehouses, and access control structures which shall have no required setback. Sidewalks and bikepaths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. 2-6 1999 2.17 2.18 LAKE SETBACKS AND EXCAVATIONS The required setback to external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structure internal to the development or to any structure shall be zero (0') feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. FILL STORAGE Fill storage is generally permitted as a principal use throughout the project. Fill material generated may be temporarily stockpiled within areas designated for residential development. The following standards shall apply: Stockpile maximum slope: 3 to 1 (horizontal to vertical) Stockpile maximum height: Thirty-five (35) feet Fill storage areas shall be no closer than three hundred (300') feet from any developed residential properties, except as may otherwise be approved by Collier County Engineering Review Services pursuant to a submitted grading and filling plan. Soil erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. In order to properly utilize the fill excavated from the proposed lakes, the site may be filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC. 2.19 SUBSTITUTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: A. LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their right-of-way widths shall be fifty (50') feet except as necessary to accommodate turning lanes at the Project's main entrance. C. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived. The maximum length of a cul-de-sac street shall be 1,800 feet. D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. E. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. 2-7 1999 3.1 3.2 3.3 SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A." MAXIMUM DWELLING UNITS There shall be a maximum of 442 residential units developed within the project's residential tracts. USES PERMITI'ED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the Land Development Code's Type "B" landscape buffer. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (1) (2) (3) (4) (5) (6) (7) (8) Single family detached, single family attached, cjuster development and multi-family development. Duplex and two-family dwellings. Townhouses and garden apartments/condominiums. The cjustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. Open space or preserve area. Water management facilities and lakes. Guard houses and entrance gates. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 3-1 B. Accessory Uses: 3.4 (1) (2) (3) Uses and structures that are accessory and incidental to permitted uses, including private garages. Recreational uses and facilities such as clubhouses, swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. DEVELOPMENT STANDARDS (See Table II, for greater specificity) mo GENERAL: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word "setback" is used relative to a measurement between the buildings and a lot line ancL/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be an enclosed space. 5) When principal buildings front upon a common parking area, which in mm fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. 3-2 CCT 2 6 1999 3.1 3.2 3.3 SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A." MAXIMUM DWELLING UNITS There shall be a maximum of 442 residential units developed within the project's residential tracts. USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the Land Development Code's Type "B" landscape buffer. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (1) (2) (3) (4) (5) (6) (7) (8) Single family detached, single family attached, cjuster development and multi-family development. Duplex and two-family dwellings. Townhouses and garden apartments/condominiums. The cjustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County I.atnd Development Code. Open space or preserve area. Water management facilities and lakes. Guard houses and entrance gates. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 3-1 1999 TABLE II DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL AREAS Single Family Single Family Duplex Single Family Attached Multi-Family Detached Zero Lot Line Two Family and Townhouse Dwellings Standard Category I 2 3 4 5 Minimum Lot .Xxea 7,000 SF 5,000 SF 3,500 SF '2 3,000 SF *2 I AC .Minimum Lot Width *3 70 50 35 30 150 Front Yard 20 20 *1 20 20 25 Front Yard for Side l 0 10 10 10 15 Entry. Garage Side Yard 7.5 *4 0 or 7.5 0 or .5 BH 0.5 BH Rear Yard Principal 20 20 20 20 BH Rear Yard Accessory 10 10 10 10 15 Maximum Building 35 35 35 35 35 Height Distance Between 15 10 0 or 15 .5 SBH .5 SBH Principal Structures Floor Area .Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF NOTES; t: Building Height: Building height shall he the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: Sum of Building Height: Combined height of two adjacent Imildings for the purposes of determining s~back requirement~ AH distances are in feet unless otherwise noted. ,Minimum lot areas for any unit type may he exceeded. The unit type, and not the minimum lot area, shall define the development standards to he applied by the Cnslomer Servie~ Department during an application for a bailding permit. Fo, all zero lot line units, a conceptual exhibit ~owhtI ty~ bti~dln~ cenfl~uratlons shall he submitI~d to the Customer Services Department with the appik:ation for the first buJldin~ p~rmiL ~ ~ ~ahibit my be Walls and similar strnctur~ ~han have a setback of five (5) feet alon~ the development's boundaries along publk right-of-way and a ~ of two (2) feet along other pe~ tra~ b<mndary where not abutting internal development WnO_s and a maximum heist of 12 feet as measured Ii-om the lowest c~nterilne gn=ade of the neat~a Imb~: or private right-of, way or easement. *1 - Slngle-fanu3y lots located at an intersection or 90 degree turn my reduc~ ~ ~ack at the radius to 15' at 50' lot's only. *2 - Each hnif of a duplex unit requires a lot area allocation of 3,.500 SIr for a total minimum lot area of 7,000 SF; 3,000 square feet lot area allocation per dwMling unit for ~ Family attached and townhqmse dwt41ln~. IznJt8. *3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *4- Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') ymnl ~pl~n is utilized, the opposite side of the ~'ructnr~ shall have a ten foot {10') yard. Zero feet {0~) yards may be used an el~er side ofa strueture · _ provided that tl~ ~q~postte Mn foot (10') yard is provided. The Front yard on a lot ~ taro frontages shall he determined by the location of the driveway. The remaining lot lines shall be identified as defined by the Land Development Code for slde and rear lot linea' 3-4 Co MAXIMUM HEIGHT In order to provide a form of a compatibility within the context of existing residential development within Collier County, the maximum number of stories permitted shall be three (3) habitable floors for a maximum height of 35 feet. STREET TREE REQUIREMENT Street trees shall be provided throughout the development. A street tree plan shall be submitted for staff review and approval as appropriate. Street trees may be placed within residential lots and shall be installed prior to or concurrent with the construction of individual dwelling units or structures in proximity to the roadway or accessway. Do Bo DEVELOPMENT STANDARDS FOR RECREATIONAL STRUCTURES Setbacks for all structures except clubhouse: 1. Front Yard: 15 feet 2. Side Yard: 10 feet 3. Rear Yard: 15 feet Maximum Height: 35 feet Minimum Distance Between Structures 10 feet 3-3 O r'd',r 2 6 1999 4.5 4.6 TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: mo Arterial level lighting shall be provided at the PUD's access point to public right-of- way concurrent with the development of the entry road. Bo The Developer shall provide right tum and left mm lanes at the project's proposed access from CR 951 concurrent with the development of the entry road. The Developer shall bear the cost of these improvements which are not subject to impact fee credits. Co Under the present two-lane condition of CR-951, the project may enjoy unconstrained access to and from the north and south. Under any future four-lane or six-lane condition of CR-951, there may or may not be a median opening to serve the project. Nothing in any development order shall vest the project with any fight of access over and above a right-in/right-out condition. Neither shall the existence or lack of a future median opening be the basis for any future cause of action for damages against the County by the project developer, its successor in title or assigns. When requested by the County, and subject to the approval of the a Developer's Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to sixty (60) feet of fight-of-way along CR 951 for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes for determining yards, lot area or lot dimensions. This dedication shall occur within one hundred and twenty (120) days of the County's request. Fo Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. SIGNAGE Project identification signage for the residential component of this PUD may be developed at all project entrances in addition to other signage. All signage shall be subject to the provisions of Division 2.5 of the Land Development Code. 4-2 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 4.4 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 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 bound by the commitments within this agreement. PUD MASTER PLAN mo Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. 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 PROVISIONS The Indigo Lakes PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4-1 OCT 2 6 4.9 WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTFING PROPERTIES 4.10 4.11 4.12 The project is within the limits of the Harvey Drainage Basin Study, and, as such, will conform to the requirements set forth by the County Water Management Director for easements and discharge rates. Petitioner shall provide an outfall along or through portions of the project. Upon the request of the Collier County Watermanagement Maintenance Department Director, the petitioner shall provide all required drainage easements along portions of the project. The stormwater management system shall be designed in accordance with the Harvey Basin Stormwater Management Plan as is currently being revised as relates to Indigo Lakes accepting off site stormwater discharges from abutting developments to the north and east and passing said stormwater flows through the Indigo Lakes internal stormwater management system discharging via a control structure into the adjacent Heritage Green Ditch located along the west side of Indigo Lakes. A water management / drainage easement approximately thirty (30) feet wide (east o west direction) and seven hundred (700) feet long (north ~ south direction) to be located immediately south of Laurelwood PUD, and west of the Oak Ridge Middle School property shall be dedicated by the property owners of record within in sixty (60) days after the approval of this PUD. The westerly twenty-two and a half (22.5) feet of the above noted easement shall be temporary until such a time as the final water management design and discharge / outfall is designed, permitted, constructed and accepted by all concerned agencies. The northern one hundred fifty (150) feet of the above noted thirty (30) foot easement is temporary and will be vacated at the time of final plat approval. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the LDC. UTILITIES All required utility services are available for this project. Water and Wastewater Disposal: These utility services are to provided by Collier County Utilities. The Project is proposed to connect to an existing 24" water main on the west side of CR-951 and to a proposed 8" force main on the east side. Electric Power: This utility service is to be provided by Florida Power and Light Company. The Project is proposed to connect to an existing aerial feeder along the westerly boundary of the Project adjacent to the existing Harvey Basin ditch. Telephone: This utility service is to be provided by UTS/Sprint. The Project is proposed to be connected to existing facilities within the CR-951 fight-of-way. PEDESTRIAN SCHOOL ACCESS Subject to the approval of specific construction details by Collier County Public Schools, the proposed project improvements will include the construction of a 6' wide sidewalk and gate to connect the campus of Oak Ridge Middle School to the Project's pedestrian circulation-system ~t-..i~:~.,.?-- the approximate location shown by the PUD Master Plan Exhibit. The constmcti.on of. thes~,?~ improvements will take place as part of the first development phase of the Project. 4.7 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 4.8 ENVIRONMENTAL Petitioner shall provide twenty-five percent (25%) retained native vegetation as required by Section 3.9.5.5 of the Land Development Code. The location of the retained vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees, understory and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward from the edge of the wetland preserve in all places and averaging twenty-five (25') feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction approval. 4-3 2 6 4-4 ©CT 2 6 1999 EXECUTIVE SUMMARY PETITION CU-99-12, LOUIS H. STIRNS, REQUESTING CONDITIONAL USE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR A RETAIL NURSERY FOR PROPERTY LOCATED AT 2061 MOULDER DRIVE, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10 + ACRES. OBJECTIVE: To obtain a conditional use for operation of a small 10-acre retail plant nursery in an "A" Rural Agricultural zoning district. CONSIDERATIONS: The petitioner seeks a conditional use approval to operate a retail plant nursery on two five-acre tracts of land located in an "A" zoning district as described on the site plan. The plant nursery will contain a growing area, a residence, nursery office with handicapped accessible bathrooms, a 20-foot by 20-foot maintenance building, a gravel drive, and a parking area for ten vehicles constructed and landscaped to County standards. Access is from CR-846 via Moulder Drive, which is an unpaved privately maintained road. Surrounding properties are agriculturally zoned five to ten acre tracts. The properties on the north and south sides of the subject parcel are undeveloped. The property to the east, across Moulder Drive, is a palm farm that sells/resells palms and large decorative Florida Rock. The 10 acres abutting the west side of the subject parcel is also owned by the applicant. Staff's analysis of impacts to surrounding properties and residences along Moulder Drive show no adverse impacts are expected. It is considered compatible with existing adjacent uses and there will be minimal traffic impact on Moulder Drive or Immokalee Road. In addition, the applicant has agreed to repair the turnout at Moulder Drive and Immokalee Road, thereby reducing some existing safety problems at that intersection. PROS/CONS: Pros (1) This petition is consistent with the Land Development Code and Growth Management Plan 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) Traffic impact will not affect access negatively. (3) The property, being rural in nature, is buffered and separated from nearby properties. (4) A retail plant nursery of the proposed scale will have minimal or no impact. OCT 2 $1999 Cons (1) Any increase in intensity of traffic on Moulder Drive may be perceived as negative by existing residents. FISCAL IMPACT: The proposed plant nursery is located one-half mile south of CR-846 (Immokalee Road). At build out, based upon authorized uses and planned intensity of development, the following revenue is estimated. Impact Fees Residential: 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 2 du's = $180.52 per unit x 2 du's = $0.15 per Sq. Ft. of bldg. area ~ 3,000 SF x 0.15 = $1,778.00 per unit x 2 du's = $1,379.00 per unit x 2 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 3000 x 2 = $14.00 per unit x 2 = $0.005 per Sq. Ft. of bldg. area ~ .005 x 3000 x 2 = $2.00 per unit x 52 = 1,156.00 361.04 450.00 3,556.O0 2,758.00 30.00 28.00 30.00 4.00 Non-residential: Road Impact Fee: Fire Impact Fee: Radon Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $1,775 per 1,000 SF = 1,775.00 $0.30 per Sq. Ft. of bldg. area @ 1,000 SF x 0.30 = 300.00 $0.005 per Sq. Ft. of bldg. area ~ .005 x 1000 = 5.00 $0.005 per Sq. Ft. of bldg. area ~ .005 x 1000 = 5.00 $2.00 per unit x 3 = 6.00 TOTAL IMPACT FEES $ 10,464.04 The estimated total size of the two proposed dwelling units is 3,000 square feet. The non-residential component is estimated to be approximately 1,000 square feet total. Therefore, the estimated total amount of impact fees collected at build out will total $ 10,464.04+. This is a raw estimate based on current impact fees and proposed dwelling units and plant nursery structures. AGENDA ITEM OCT 2 6 1999 In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorem taxes. The amount of revenue generated by the ad valorem 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 valorem 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 housing 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 mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed 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 conditional use request will not affect or change the requirements of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING COMMISSION RECOMMENDATION: At the October 7, 1999 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously (7-0) to recommend approval of Petition CU- 99-12, Stirn's Plant Nursery, to the Board of County Commissioners. No OCT 2 6 1999 PREPARED BY: PRINCIPAL DATE EWED BY: )NALD F'. ~Tl~O, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition CU-99-12, Stim's Plant Nursery. Tentatively scheduled for the October 26, 1999 BCC meeting Summary Agenda. AGENDA ITEM 7-M TO: FROM: DATE: RE: PETrrlON NO: OWNER/AGENT: Applicant/Owner: COLLIER COUN'IT PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AUGUST 11, 1999 CU-99-12 S'I]RNS' PLANT NURSERY Louis H. Stirns 167 Mentor Drive Naples, Florida 34110 REQUESTED ACTION: To obtain a conditional use for operation of a retail plant nursery in an "A" Rural Agricultural zomg district as required by Conditional Use 21 m Section 2.2.2.3. of the of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 2061 Moulder Drive, which is approximately one-half of a mile south of Immokalee Road (CR-846) in Section 30, Township 48 South, Range 27 East. (See iljustration on the following page) pURPOSE/DESCRIlrrION OF PROJECT: The petitioner seeks a conditional use approval to operate a retail plant nursery on two five,acre tracts of land located -in an "A" zoning district as described on the site plan. The plant nursery will contain a growing area, a residence, nursery office with handicapped accessible bathrooms, a 20-foot by 20-foot maintenance building, a gravel drive, and a parking area for ten vehicles constructed and landscaped to County standards. Access is fi.om CR-846 via Moulder Drive, which is an unpaved privately maintained road. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject property is vacant and zoned "A" Rural Agricultural. The owner also owns an additional 10 acres on the west side of the subject property that extends to Rivers Road. That property is also zoned "A". Sable Palm Farms, located across Moulder Drive from the subject property, also sells trees and resells large decorative Florida rocks. - Surrounding: North - East - West- Undeveloped land zoned "A". S~ble Farms on ~ zoned "A". Undeveloped land zoned "A". Existing mobile homes and RVs zoned "A". AC-~_~IDA IT~ 0CT 2 6 1999 GROWTH MANAGEMENT PLAN CONSISTENCY: This petition was reviewed by staff for compliance with the applicable elements of the Growth Management Plan (GMP). Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The subject property lies within the Agricultural-Residential Mixed Usc Sub- district as designated on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This land use classification provides for those areas that arc remote l~om the existing development pattern, lack public facilities and services, and may be in agricultural production. This designation also permits a maximum residential density of one (1) dwelling unit per five (5) acres. This designation also permits non- residential uses such as telecommunications towers, agricultural uses, essential services, and conditionally authorized uses m the agricultural zoning district. Therefore, this proposed usc is consistent with the GIMP. Traffic Circulation Element: The proposed use will have negligible impact on roads and will not lower the level of service on any roadway segment within the project's radius of development influence. Staff estimates that the traffic generated will be approximately 54 average weekday trips and should exceed the significance test (five percent of LOS "C" design volume) on Moulder Drive or on CR-846. Therefore, this petition is consistent with policies of the Traffic Circulation Element. Other Applicable Elements: The parent tract is partially developed and disturbed and will not have an adverse impact on any environmentally sensitive area; therefore, the petition was not required to be presented to the EAC. Staff review indicates that this petition is designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations were developed, where appropriate, to ensure consistency with the GMP during the pcrrnitting process. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeolOgical probability as referenced on the official Collier County Probability Map. 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, if, during the course of site clearing, excavation or other construction activity a 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 Staff, engineering staff, and the Transportation Services Division staff. No significant impacts were found by staff, nor were any Level of Service standards determined to be affected by this request; therefore, the conditional use request is consistent with the Growth Management Plan. In addition, appropriate measures and stipulations will be used during the site plan and building permit approval process to assure the County's interests and safety requirements are maintained. OCT 2 6 1999 pg. CRITERIA EVALUATION: The Current Planning Staff has coordinated a compreh~.nsive 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. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiting 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 considerations identified dining 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. The subject property is located in the Agricultural/Rural - Mixed Use District, which provides for agricultural activities and low density residential development up to one (1) unit per 520 acres in areas that are more remote, lacking public facilities and services, are environmentally sensitive or are in agricultural production. The proposed plant nursery is considered an agricultural activity and is allowed in this district. Furthermore, Section 2.2.2.3 of the LDC provides for establishment of retail plant nurseries within "A" Rural Agricultural Districts by conditional use approval. Pro: · Con: (i) The requested plant nursery is consistent with the applicable elements of the GMP and provisions of the LDC. Potential impacts may be mitigated by proper use and adherence to the requirements of the LDC and/or stipulations in the conditional use. 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 permitted by an approved conditional use for sites located in the Rural Agricultural district. be 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 ease of fire or catastrophe. (i) The project's existing ingress and eg~'ss is from CR-846 (Immokalee Ro~d) via Moulder Drive an unimproved private drive. This access will not adversely impact traffic flow due to the low traffic demand for this use which is projected to be approximately 54 average weekday trips. (ii) Due to the low traffic volumes generated by the proj~t and the clear site ~ CR-846, the location of the access should not interfere with traffic saf.~y i cci 2 d. op~ational LOS. Con: (i) Repairs are needed to the turnout at the intersection of CR-846 and Moulder Drive to assure that there is no safety or operational deficit at the intersection. (ii) Any additional tra~c to this road could be perceived negatively by residences along Moulder Drive. Summary Conclusion (Findings): Stipulations in the conditional use should help mitigate any unsafe condition caused by a degraded turnout or access apron. Furthermore, the condition of low traffic volumes and clear site distance from the access point combined with upgrading the turnout should produce optimum safe operating eondifious. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) The nursery should not produce any glare, noise or obnoxious odors. (ii) The subject property is buffered by adjacent agricultural lands. In addition, an existing tree sales, landscaping, and Florida rock resale operation is located next to the proposed use. That existing operation could be considered more intensive than the proposed use. (iii) The site is well buffered and isolated from other residential uses, and the proposed location should have little impact on agricultural property values or on the nearby mobile homes due to its placement on the parent tract that gives it adequate separation from homes in the area. Con: (i) Most of the surrounding property is undeveloped and agricultural land. There should be little or no impacts from the proposed conditional use. Summary (?onclusion (F~ndin~): In the opinion of staff, the proposed retail plant nmsery will have limited, if any, negative effects on neighboring properties in relation to noise, glare, economic and odor effects, and it will be well buffered and removed from nearby residential Compatibility with adjacent properties and other property in the district. (i) A retail nursery for the most part represents a low impact use of land, is agricultural, and is, therefore, compatible with adjacent land uses. (ii) There are other uses near the subject property which could be considered more intensive (truck operation to the north, tree farm and Florida rock resale operation to ~st). (iii) Surrounding land use is predominantly undeveloped and rural agricultm'al and the proposed use should not produce any condition of incompatibility. AGENDA OCT 2 6 1999 P~._ q Summary Conclusion (Findings): The proposed use is deemed compatible with the n~qghboring properties. The proposed use should not create any condition which would be deemed incompatible if required LDC standards and stipulation are met. STAFF RECOMMENDATION: Staffrccommends that the Collier County Planning Commission forward CU-99-12 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions listed in the Resolution of Adoption. P~ BY: ~ONALD F. 1~r1~67 AICP, MANAGER CURRENT PLANNING SECTION RI~BERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE DATE APPROVE/D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMIJN1TY DEV. AND ENVIRONMENTAL SVCS. DATE Petition: CU-99-12 Staff Report for September 16, 1999 CCPC meeting. Note: This petition is tentatively scheduled for the October 12, 1999 BCC meeting. COLLIER COUNTY PLANNING CONIMISSION: STAFF REI~ORT/CU-99-12/DJM AGENDA ITEM OCT 2 6 1999 APPLICATION FOR PUBLIC HEARING FOR: CONDI~ CU 99-12 ~' ' Petition No.: Date Petition Receiv~:l: MAY 2 8 199B Commission District: Planner Assigned: DO/,--' ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address city /Y pb, Applicant's Telephone $$ State 'TI-L, Zip~q l! 0 Name of Agent Firm Agent's Mailing Address City State Zip Agent's Telq~hone # Fax # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941)~403=2400/FAX (941) 643-6968 FOR CoNDmONAL t~E - &~ P~ AC-~NDA ITF. M ~o../~' ~. OCT 2 6 1999 Pg. // Complete the following for all Association(s) affiliated with this petition. sheets if necessary) Name of Homeowner Association: (Provide additional Mailing Address City State Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip~ Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all partita with an ownership interest as well as the pexeentage of such interest. (Use additional sheets if necessary). Percentage of Ownership _-Ia~q~'LICITION ltOlt FUII.i~ ~ll~Rll~I4g II'OR CONI}ITIONAL I~E - ~ PAGE AGEI~A ITEM OCT 2 6 1999 OF 15 bo If the properVj is oWned by a CORPORATION, list the officers and stockholders and the percentage of stock oWned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Inter'est do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or panners. N~mae and Address I-f · Percentage of Ownership Date of Contract: PAC AGENDA ITE~ O--- OCT 2 § 1999 E3OF 15 If any contingency clause or contract terms involve additional part/es, individuals or officers, if a corporation, partnership, or trust. N~me and Address list all Date subject property acquired ~)qeased ( ): Term of lease yrdmos. If, Petitioner has option to buy, indicat~ date of option: and date option terminates: , or anticipated closing date -' Should any changes of ownership or changes ha contracts for purchase subsequent to the date of application, but prior to the date of the final public h?aring, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Dettiled le~_al deserintion of the properW covered by the ap_uHeatlon; (If space is inadequate, attach on separate page.) If request involves change to more' than one zoning district, include separate legal description for pwperty 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 pm-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an cnEineer's certification or sealed survey may be required. Section: ~ Township: Range: Lot: Block: Subdivision: Pht Boo~ Pqe #: ~/J" c/ Property I.D.#: c~/~/Z/'g/E;~ ~._~ . .Idd,q,~tm. uo~.tl lo~f4,,~ of sub_leer property: OCT 2 6 1999 ,A~B 4 (Ill 15 Pa. ~d_iaeent zonin_~ and land us¢i Zoning ~d ~c Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is in,adequate, attach on separate page). Section: ~ Township: ga-ge:7 Lot: Block: Subdivision: ~ of Conditional Use; This applicatjon is requesting conditional use # _g~ : of the district for frv~ o~ ~s~ ~ Present Use of the ~: ~,~,~ .~/t Plat Boo~ Page #: .~/ff~ Property Evaluation Crit~rim 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 Commie~ion and the Planning Commim~on's reconnnendat/on to thc Board of Zonin$ Appeals shall be based upon a finding that the srsntins of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and azrms, m~ have been msde concerning the following m,,tt~, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consist4~-[-wiff~_~~ (Attach additional pages as my be necessary). · [ OCT 2 6 1999 Describe how the project is consistent with the Collier County Land Development Code and the Growth Management Plan(include information on how the request is consistent with the applicable section or portions of the future land use elements. The proposed use is authorized in the Agricultural/Rural Mixed Use designated areas in the "A" Agricultural-zoning district, which provides for the requested uses as conditionally permitted uses. The property lies within the Agricultural/Rural Mixed Use designated are on the future Land Use Map to the Future Land Use Element (ELUE). This designation is for those areas that are remote from existing development, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted; therefor-allowable land uses are of a low intensity. A limited selection of land uses, other than low density residential, and agricultural is permitted. Such uses include: essential services, parks, open space, various recreational uses, community facilities, schools, fire and police stations, utility and communications facilities and earth mining. The use intended by this petition qualifies under the provision allowing for various types of recreational uses in the Rural/Agriculturally designed area B. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, and control, and in case of fire or catastrophe. 1. Access to the site is from Moulder Road, an existing private road that intersects Immokalee Road (CR846 ½ mile to the north. Ingress and egress to the site will be provided via a proposed driveway connection. The entrance is gated and automobile stacking is provided on site. Traveling to and from the site on Moulder Road, vehicular traffic will pass six residential driveways. Most of these driveways lead to' ' residences on the East Side of Moulder Road. 2. The driveway onto the site will be wide enough for large trucks, so fire trucks will not have a problem accessing the property. 3. The site plan shows one driveway leading into and out of the property. We anticipate NO danger to automobile or pedestrian safety. C. Describe the effects the conditional use will have on neighboring properties in relation to noise, glare, economic impact and color. 1. Properties immediately abutting the subject site are agriculturally zoned and consist of five acre parcels or larger. Private right of ways are contiguous to the western and eastern property boundaries and a majority of the property to the north and south is heavily wooded and undeveloped. Therefor the proposed petition should have minimal effect in relation to noise, glare, economic and order effects. AGEI~A ITEM OCT 2 6 1999 Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. 1. The proposed nursery is located on a 20 acre site and should not give rise to incompatible relationships with surrounding properties, and should be considered a passive use of the subject property in comparison to other more imensive permitted principal uses in the district. 2. It should also be noted that there are two other commercial type operations on Moulder Road. One of these operations sells large Florida rocks and trees and is directly across Moulder Road from the proposed site. The other operation looks like a trucking business a block north of the proposed site. ITl OCT 2 6 1999 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section 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 particular reference to automotive md pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: e. Please provide any additional information which you may feel is relevant to this AI)l~ICAIION ~ lqJl~lC ~)~]NG ~ CON~rTIONAL l~ . (flt~ PAGE, AGENDA ITEId OCT 2 6 1999 OF I$ 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use netitions on the sub_iect 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 Additional Submittal reauiremen~: In addition to this completed application, the following must be submitted in o/der for yot0' application to be deemed sufficient, unless otherwise waived during thc preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such aa the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the 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 including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC). AGENDA IT~ e e Whether or not an EIS is required, two copies ~f 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 (~S), tmle~s waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. PAGE AGENDA ITEM OCT 2 6 1999 8 OF 15 TRAFFIC IMPACT STATEMENT _(TIS); A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: ]~[D. iLT.~Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJ_OJLTLS_LRequired for all other conditional use iand rezone) requests. A minor TIS shah include the following: Trip Generation: (at buildout) Annual Average Daily Traffic Peak Hour (AADT) Peak S~ason Daily Traffic Peak Hour (PSDT) 2. Trip Assi~meut: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed i .mr~ovements (to the site or the external right-of-way) such as providing or eliminating an regress/egress point, or providing turn or decel lanes or other improvements. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezona Only: State how this request is consistent with the applicable policies of the Traffic circulation Element (TCE) of the Growth Management Plan ((3MP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TlS, and shaH also inclnde an analysis of the following: 1. Intersection Analysis 2. Backgrom~ Traffic 3. Future Trafl~ 4. T'-m-ough Traffic 6. Proposed Schedule (Phasic) of Developmeat PAl AGENDA ITEI~ OCT 2 6 1999 ;E 9 OF 15 TRAFFIC IMPACT STATEMENT (TIS_~ STANDARDS: The following standgr, ds shall be used 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 (RI)I) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS_~: The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Develonment Influence fRDI); The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments ~om the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,00O & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI thc TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. AI~LIC. A'rIoN ~ Iq~LIC ~ ~ CON~mONAL IJ~lg laterseettou Analysis: An intersection analysis is required for all intersections within the RDI where the sum of thc peak-hour critical lane volume is projecU~ to ex _ce~._ 1.200 Vehicles Per Hour (VPH). OCT 2 6 1999 PA¢ Pg.__~.~.~ e 10. 11. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of 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 (FLUE) and the Collier County Land Development Code._..This estimate shall be for the projected development areas within the projects RDI. A map or list. of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data .to support the estimation as well. PlannedfPronosed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of th/~ funding commitments shall also be included. Pro_iect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/IUM 10/17/97 AGENDA IIEM OCT 2 6 1999 3E ll OF 15 STATE1WENT OF UTILITY PROVISIONS FOR CONDITIONAL USI~ REOUEST o MAILING ADDRESS: ADDRESS OF SUBJECt PROPERTY (IF AVAILABLE): ~_t~ ~ ( LEGAL DESCRIFrION: Section: ~ Township: ~ 8 Range: Lot: Block: Subdivision: Plat Book ,~"X Page #: /7/ ,~'~ Property I.D.#:~~/~O~-~ Metes&BoundsDescrtption:~'/~ O~~_~~~ ~ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable s~tem): &. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM c. FRANCgLqED LrFIL~ SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GrD captor) · . SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CFFY U33I,FFY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) PAt: AGENDA ITEM OCT 2 6 1999 12 OP 15 I=I=L. Florida Power & Light Company, 4105 15th Avenue S. W., Naples, FL 34116 JANUARY 28,1998 LOUIS STIRNS 8473 BAY COLONY DRIVE NAPLES,FLORIDA 34108 TO WHOM IT MAY CONCERN: FPL WILL FURNISH ELECTRIC SERVICE UPON REQUEST TO A 20 ACRE PARCEL OF PROPERTY LOCATED BETWEEN RIVERS AND MOULDER ROAD,DESCRIBED AS THE NORTH 1/2 OF THE NORTHWEST 1/4,OF THE SOUTHEAST 1/4,LESS THE NORTHWEST AND EAST 10 FEET,OF SECTION 30,TOWNSHIP 48S,RANGE 27E,PLAT BOOK 53,PAGE 454 OF THE PUBLIC RECORDS OF COLLIER COUNTY. ELECTRIC SERVICE WILL BE SUPPLIED BY FPL TO THE CUSTOMER,BASED ON TERMS AND CONDITIONS OUTLINED IN THE GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE AS APPROVED BY THE FLORIDA PUBLIC SERVICE COMMISSION. IF YOU HAVE ANY QUESTIONS,PLEASE DO NOT HESITATE TO CONTACT ME AT (941)353-6050. SINCERELY, ~, CONSTRUCTION SERVICES REPRESENTATIVE SWT/lp AGENDA ITl OCT 2 6 1999 TOTAL POPULATION TO BE SERVED: 7 PEAK AND AVERAGE DAILY DEMANDS, A. WATER-PEAK ,c/'v co .~-a C_ ~i~AGE 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: . 10. I1. NARRATIVE STATEMENT: "Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written no~'ized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the-at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shallcontain shall contain an agreement to dedicate the appropriate utility casements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITy CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pm-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, ,a statement fi'om that provider indicating that there is adequate capacity to serve the project shall be provided. PAG. AC..~.NDA ITEM OCT 2 6 1999 CONDITIONAL USE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST- IS TO BE SUBMITTED .WITH APPLICATION PACKET! REQUIREMENTS # ov corms REQUIR~ D 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/minutes 11 Y Conceptual Site Plans 11 ~ Environmental Impact Statement - (ELS) 4 ' ~. Aerial Photograph - (with habitat areas identified) 4 ~. 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 zJ: ~ ~~%//' " ~ ' 13. Application Fee, Check shah be made payable to . Collier Connty Board of Commissioners 14. Other Requirements - Aa the authored agent/applicant for this petition, I attmt tl~t all of thejnfotmation indicated on this chockti~ ia inclnded in~s submitlxl package. I ondemat~ that failure to include all necessary subnxittal information may result A~A I'IT~ licant/Asent Signature ~ ~x ~/~--- OCT 2 § 1999 ~being first duly sworn, depose 'and say that we/I We~I, _ . ,- ..... a~/d~~owners Of~'~e property described heretn and whtch ts the subject matter of the pr~lSosed hearing; that all the answers to~.he questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belie~. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize ,~/[7 ~ A~ _~.r:~ .l:2 .~ to act as our/my representative in any matters regarding this Petition. ! Signature of Property Owner Typed or Printed Name of Owner Signat~ of Property Owner Typed or t~rinted Na~ne-of Owner The foregoing i~]~trument was af~n. o.wledged before me this /.,gl day of ~ 19 ~ , by .._.~,~_~ ~ /~w. ho is personally known to me or has prodltced as identification. State of Florida County of Collier (y~d~ature of, jgotary Public - State of 'Florida) I AGENDA IT~.M ~ / OCT 2~ ~99 [PAGE 15 ~ 15 MAY 2 CU 99-12 K.R. Sinfer GULFSHORE · I ~i L.E COMPANY. L.C. 3341 TAMIAMI TRAIL NORTH NAPLES. PLOR.IDA ~4103 Pmpe~ ~ Pan~ {demifimtitm CFolio} Numin~: 00~14440003 OrnteeI ,~ h:. 364523954 Imf 372~03263 SPACE ABOVE T/~$ LINE FOR, RECORDINO DATA THIS WARRANTY DEED, mdc the 2.d day of Feb.-m,, A.D..ag by IdfrJorie M. Hunt, the unremIrrled lurvJvfflg II~OUIO of dolm d. Hunt, deceIIed he~ called the grantor, whose post Offic~ addr~s is 5883 LnPtmta*4~oulevnrd,/i~1, Greta A~rm City, Florida 33463, to .., Looli H. SUrnl end Mary Id. Stlrnt. hUablnd end wife, II iff eltltl by the entfrety whose post office address is 8423 Bay Colony Drive, Naples, Florida 34108, hereinafter called Grantees: Oq~n~r ~ i~,in the t~rmt ' grvmtor° t~l 'tr~ntff'/nd~f ~/1 t/~/~fia to taint iJ~ftr~ ~ the/~D~. W I T N E S S E T Il: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby 'acknowledgecl, hereby grants, barLrains, sells, aliens, remises, reJea.~s, conveys and confirms unto grantee ali that certain land situate in COLLIER County, State of Florida. viz: THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF THE SOUTH~ QUARTER, LESS: THE NORTH TEN (I0) FEET, AND WEST TEN (10} FEET, AND THE EAST TEN (10) THEREOF, SECTION 30, TOWNSHIP 48. SOUTH, RANGE 27 KAST, COLLIER COUNTY, FLORIDA. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO ltOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantees that the grantor is/are lawfully seized .. land in fee simple; that the grantor has good right and lawful authority to sell and convey said ,...,~, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever: and that said land is free of all encumbrances, except taxes accruing subseqnent to December 31, 1997.. IN WITNESS WIIEREOF. the ~id grantor has signed and sealed these presents the day and year first above written. .- Signed, .,s~led and del, l~pT.e~l,,_in the presence of: STATE OF FLOi~DA COUNTY OF /"A~-.-t ,&r4ca, Th_e f~oregoing instrument was acknowledged before me this ~7 g day of ~,,~.,,.,e~./,. ' . ,. 19 ~_g'~ by Marjorie M. Hunt who is personally n~n to me Or bas proaugea ~'t' ~o/.= as identification. SEAL Fa.E t: ~ Louis H. CU 99-12 May 20, 1999 To Whom It May Concern: I would like to request a waiver of the Historical and Archeological Survey. The subject property is located at 2061 Molder road. Last year a study was completed and there are no sites on the subject 10 acres proposed for the conditional use permit Retail Nursery. Thank You AGENDA ITE. I~ .... OCT 2 6 1999 May 20, 1999 To Whom It May Concern: I would like to request a waiver of the Traffic Impact Study concerning this Conditional Use Permit request. We are requesting a conditional use permit for a Retail nursery on a private road with a TEN car gravel parking lot. Thank You AGENDA I~T~ OCT 2 ~ 1999 _ 7 8 10 11 13 17 ~4 $$ ~LUTION 99-.~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A RETAIL NURSERY CONDITIONAL USE 21 IN THE "A' RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CO~ .~.PAR COUNTY, FLORIDA. WHEREAS, the Legislatur~ of the State of Florida in Chapter 6%1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, ooordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and zoning of particular geographic divisions of the County, among which is the granting of Conditional U~; ~ud WHEKE~, thc Colli~r County Pl~nin$ Commi~ion, being thc duly ~mt~ con~itut~l plm~ing bo~d for thc ~r~ h~by ~q'~ct~i, ha~ h~ld a public h~n'in$ ~ n~fic~ ~ in ~id r~gulatior~ rnad~ and provide[, ~gi h~ con~id~nx[ thc ~lvi~bility of Conditional U~ 21 of S~ction 2.2.2.3.. in ~m "A" Rural Agricultxn~l Zon~ for a r~fil nursoy on thc ~ h~'t~lt~r d~crib~d, ~md h~ found ~ ~ matt~r of fac~ (Exhibit 'A~) th~ ~J~f~ctory provision ~md ~rr~ngem~t h~v~ m~l~ conc.,~ning ~11 ~plic,~bl~ ~ ~ by ~id r~gul~tion~ ~nd in ~,~,ord~m~ with Sub~ction 2.7.4.4 of tl~ I.,~nd D~q~n~ ~ ~ ~ Collier Counly Pl~min~ ~ ~ " NOW, THEREFOKE BE IT RESOL~, BY THE BOARD OF ZONING APPEALS of Collier Coumy, Florid~ ~ OCT 2 6 !-°.99 ! 2 3 6 7 8 9 10 11 12 13- 14 15 16 17 18 19 24 BE IT FURTHER RESOLVED that this Resolution be recorded in the minm_~_~ of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, CHAIRWO~ Approved a~ to Form and Le~ Sufficiency: Matjo~e M. Student' Assistant County Attorney g/admm/sue/CU-99-12 RESOLUTION -2- AGE~A OCT 25 ,999 Description as Furnished The east iA of the north ½ of the northwest ¼ of the southeast ¼ less the east and north 10 feet of Section 30, Township 48 South, Range 27 East and as described in Plat Book 53, page 454, consisting of 10 acres. Exhibit "B" -- AGEND~,~_~.'~ OCT 2 6 1999 ILl STIRNS' P~NT NURSERY .Exhibit "C" OCT ~ 6 1999 Conditions for Approval of Conditional Use CU-99-12 (September 16, 1999) The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, oftbe Collier County land Development Code (Ordinance 91-102). The applicant will provide repairs and upgrading of the turnout at the intersection of CR-846 (Immokalee Road) and Moulder Drive prior to commencing the retail nUrSery operation to insure that there will be no operational or safety deficit at this intersection. All work will be done to County standards and subject to the County Transportation Services Department review. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Cm~ent Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. An appropriate portion of native vegetation shah be retained on site as required in section 3.9.5.$.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, shah be submitted to Current Planning Environmental Staff for review and approval prior to f'mal site plan and construction plan approval. Exhibit "D" AGE~T~ OCT 2 6 1999 FINNING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-12 The following facts are found: Section 2.2.2.3. 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 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 recohm~ended for approval DATE: CHAIRMAN: f/FINDIN~ OF FACT CHAIRMAN/ Exhibit "A" Page 1 of 2 No. ~ OCT 2 6 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-12 The following facts are found: Section 2.2.2.3. 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 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: MEMBER: E/FTI~DII~ OF FACT MEI~BER/ Exhibit"A" Page 2 of EXECUTIVE SUMMARY PETITION NO. CU-99-21 WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING REPRESENTING RICHARD AND JEAN YAHL AND TERESA YAHL FILLMORE, REQUESTING CONDITIONAL USE "2" OF THE "A" ZONING DISTRICT FOR A SAWMILL, PER SECTION 2.2.2.3., FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain approval for Conditional Use "2," Sawmills, specifically to expand the land area upon which they currently operate a horticultural mulching/recycling facility in the Rural Agricultural "A" zoning district, which was granted Conditional Use approval on January 27, 1998. CONSIDERATIONS: The subject site consists of approximately ten (10) acres. Conditional Use approval to operate a horticultural recycling facility was granted on the front five (5) +/- acres in January, 1998. The petitioner wishes to expand the land area upon which to operate, while minimally expanding the current mulching operation, on to the rear five (5) acres of the site for a total site area of approximately 10 +/- acres. The site has 686 feet of frontage on the south side of Washburn Avenue and 329 feet of depth. The manager of the recycling operation plans to reside in the single family dwelling unit which exists on site. During the initial Conditional Use petition, the petitioner advised staff that the project would initially generate approximately 20 dump truck trips per day and about 24 to 30 medium duty trucks per day, for a total of 44 to 50 trips per day. Additionally, they advised that as the business grew, traffic generation would likely increase. At a maximum, staff was advised that traffic could generate 60 dump truck trips per day and 72 to 90 medium duty truck trips per day, for a total of 132 to 150 trips per day. New traffic that will be generated by the proposed expansion of the Conditional Use will not go beyond the maximum traffic advised during the initial Conditional Use. A maximum of 20 dump trucks and 45 roll-off containers will be stored at the rear of the site. A tub grinder will remain on the site and will be utilized to grind trees and limbs. Larger trees will be stockpiled on site and hauled off at a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on- site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment. AGENDA ITEM b OCT 2 6 1999 PROS/CONS: The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The negative effects associated with heavy truck traffic on residences located on Washburn Avenue will be minimized by the site's location. An existing six (6) foot high opaque wooden fence along Washburn Avenue located on the east and west sides of the site; trees planted 25 feet on center along Washburn Avenue and on the east side of the site; and the natural vegetative buffer which exists on the south, east and west sides of the subject site will substantially buffer the views of the subject site from neighboring properties. An existing sprinkler system on site can be used to reduce the dust generated from the mulching operation. According to the manufacturer, as an option, the tub grinder can be equipped with a water spray dust suppression system to reduce dust. Additionally, the equipment involved in the daily mulching operation will primarily operate on the eastern half of the site towards the rear, away from residential uses to the north. Since the original conditional use approval, the petitioner has paved Washburn Avenue from Landfill Road to just beyond the driveway entrance to the site. Surrounding properties have an agricultural zoning designation. Agricultural uses typically involve the use of heavy equipment and machinery. Agricultural production typically yields some type of return in terms of a product produced which is either used on site, or has a need to be stored on site and/or transported from the site to be used elsewhere. These are typical characteristics of the proposed use and are not unusual from other types of similar agricultural uses which may occur on the subject site or surrounding properties. CONS: Although heavy equipment operation is typically associated with Agricultural uses, the surrounding land uses are more residential in nature than agricultural. For this reason, noise from the operation of machinery and noise associated with dump trucks coming and going from site could be obtrusive to surrounding property owners. Dust results from the production, storage and transportation aspects of the process. Waste, other than horticultural, could potentially be dumped and stored on site. There will be negative visual impacts from the storage of horticultural debris and mulch. Operation of machinery (specifically the tub grinder) may create a safety hazard to adjacent property owners. Different from the larger properties which are typically associated with agricultural production, the surrounding properties are primarily divided into five (5) acre tracts. If the proposed use was surrounded by agricultural properties of a larger size, the negative effects associated with the proposed use might be better mitigated. I999 FISCAL IMPACT: This conditional use request 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 a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject site is designated Urban Residential on the Future Land Use Map of the Growth Management Plan. This district permits residential and commercial uses, including a mixture of residential and commercial uses under specific Commercial zoning classifications as described in the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential type of land uses at low densities coupled with uses which are Agricultural in nature. The Agricultural zoning district allows for a range of traditional agricultural and agricultural related activities, including single family residential land uses. The Land Development Code establishes a procedure which may result in approving a development order for sawmills in agriculturally zoned districts. This type of development is permitted under the Final Order issued to the County from the State Department of Community Affairs (DCA) regarding development outside of the urban area. To that extent, this petition is consistent with the FLUE. Traffic Circulation Element: The trips generated by the proposed use should not have a significant effect on the adjacent roadway network. Other Applicable Element(s): All development must comply with surface water management requirements invoked at the time of site development plan approval. 1999 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: At the October 7, 1999 Planning Commission meeting a motion was made to forward a recommendation of approval for the requested conditional use, subject to the stipulations in the resolution of adoption. The motion passed unanimously. OCT 2 5 19~o9 PREPARED BY: ,,SUSAN MURRAY, AICP CHIEF PLANNER DATE ~/~IEWED BY: RONALD F. NINO, MANAGER CURRENT PLANNING SERVICES DATE ~AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION I~ATE ~ Petition Number: CU-99-21, Yahl Mulching Facility NOTE: This Petition has been tentatively advertised for the October 26, 1999 BCC meeting. ACW_NO~ ITL OCT 2 6 1S99 AGENDA ITEM 7-N MEMORANDUM TO: FROM: DATE: RE: AGENT/OWNER: Agent: Owner: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION SEPTEMBER 1, 1999 PETITION NO: CU-99-21-Yahl Mulching Facility William L. Hoover, AICP Hoover Planning 3785 Airport Rd. N., Suite B Naples, FL 34105 Richard and Jean Yahl and Teresa Yahl Fillmore 1918 40th Terrace SW Naples, FL 34116 GEOGRAPHIC LOCATION: The site is located on the south side of Washburn Avenue SW, approximately ¼ mile north of 1-75 (Alligator Alley) and 2 ¼ miles east of C.R. 951, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. REQUESTED ACTION: The applicant is seeking to obtain approval for Conditional Use "2," Sawmills, specifically to expand the land area upon which they currently operate a horticultural mulching/recycling facility in the Rural Agricultural "A" zoning district, which was granted Conditional Use approval on January 27, 1998. PURPOSE/DESCRIPTION OF PROJECT: The subject site consists of approximately ten (10) acres. Conditional Use approval to operate a horticultural recycling facility was granted on the front five (5) +/- acres in January, 1998. The petitioner wishes to expand the land area upon which to operate, while minimally expanding the' current mulching operation, on to the rear five (5) acres of the site for a total site are of approximately 10+/- acres. The site has 686 feet of frontage on the south side of Washburn Avenue, and is 659 +/- feet of deep. Presently, a single-family dwelling unit and an out-build,,ing exist on the site. Prior to the original Conditional Use approval, the front 5 acres of the 1 OCT 2 6 19 o9 I [ i 2 6 1~°99 were utilized as a wholesale plant nursery/potted plant operation. For this reason, they are nearly devoid of trees. The manager of the recycling operation and his family currently resides on site. During the initial Conditional Use petition, the petitioner advised staff that the project would initially generate approximately 20 dump truck trips per day and about 24 to 30 medium duty truck trips per day, for a total of 44 to 50 trips per day. Additionally, they advised that as the business grew traffic generation would likely increase. At a maximum, staff was advised that traffic could generate 60 dump truck trips per day and 72 to 90 medium duty truck trips per day, for a total of 132 to 150 trips per day. New traffic that will be generated by the proposed expansion of the Conditional Use will not go beyond the maximum traffic advised during the initial Conditional Use. A maximum of 20 dump trucks and 45 roll-off containers will be stored at the rear of the site. A tub grinder will remain on the site and will be utilized to grind trees and limbs. Larger trees, suitable for making lumber, will be stockpiled on site and hauled off at a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on- site, but all other repairs will be conducted off-site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment directly involved in the mulching- recycling operation. The mulching operation generally operates in the following manner: Horticultural debris is dumped from trucks onto the site in windrows. Operating in conjunction with an endloader (the endloader maintains the piles of debris and mulch) the tub grinder's loader arm grasps horticultural debris from the piles, feeding it into the tub, which rotates and grinds the debris into mulch. The mulch end-product is discharged into piles via a 36 inch wide by 26 foot long heavy duty belt conveyor, at a discharge height of approximately 15 feet. The tub grinder is generally stationary while it operates but must be moved by the endloader as the windrows of horticulture are consumed and convened into mulch. Mulch is stockpiled and/or loaded onto trucks for disposal off site. SURROUNDING LAND USE AND ZONING: Existing conditions: The site currently contains one (1) single family dwelling unit, located on the western half of the site and one (1) out building. There is one (1) driveway from the single family structure to Washburn Avenue and an additional driveway east of that which provides access to the mulching operation. ZONING LAND USE Surrounding: North- Agricultural South- Agricultural East- Agricultural West- Agricultural ROW and two single family homes and mobile homes on 5-acre lots. Vacant wooded. Single Family home on 5-acre lot. Single Family home on 5-acre lot. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use 2 I CET 261999 (FLUE). This land use classification provides for residential type of land uses at low densities coupled with uses which are Agricultural in nature. It is important to note that the interim development provisions found in the Final Order No. AC-99-002 issued by the State of Florida Administration Commission, relative to development in the Agricultural/Rural Future Land Use designation does not prohibit "Sawmills." The Agricultural zoning district allows for a range of traditional agricultural and aghcultural related activities, including single family residential land uses. The Land Development Code establishes a procedure which may result in approving a development order for sawmills in agricultUrally zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will generate approximately 60 dump truck trips per day and 72 to 90 medium duty truck trips per day for a total of 132 to 150 trips per day. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Washburn Avenue. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Although the petitioner plans to add land area to the existing sawmill operation, the truck traffic is not proposed to increase over what was approved with the original Conditional Use application. The TCE lists C.R. 951 as a 4-1ane arterial road. The current traffic count north of Davis Boulevard is 33,075 and the road is operating at LOS "C". It should be noted that this road segment within the project's RDI is not projected to be deficient within the next five years. Therefore, no road improvement to this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Elements: Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight to the above referenced areas of critical concern. This primarily includes a review by tls[ 3 related AGENDA IT~, OCT 2 6 1999 Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide 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 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC including the interim development provisions found in the Final Order No. AC-99-002 issued by the State of Florida Administration Commission, which do not prohibit Sawmills. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: The proposed use is authorized in the Agricultural/Rural Mixed Use Industrial designated areas in the "A" Agricultural zoning district, which provides for the requested use as conditionally permitted use. be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safeW and convenience, traffic flow and control, and access in case of fire and/or catastrophe. Pro: Access to the site is from Washburn Avenue, an existing private road which intersects Crawford Avenue which intersects the end of Landfill Road, just past the entrance to the County landfill. Ingress and egress to the site will be provided offof Washburn Avenue via an existing driveway connection located 105 feet east of the existing driveway to the single family residence. Traveling to and fi.om the subject site on Crawford Avenue (from Landfill Road) and Washburn Avenue, track traffic will pass two (2) existing, habitable single family residential structures, one of which is located on the north side of Washburn Avenue and the other on the south. The dwelling unit on the south side of the street is owned by the petitioner. Therefore, the effects of in 4 OCT 2 6 1999 track traffic on Washburn Avenue and those residences on Washburn Avenue will be minimized by the site's location and the minimal development (two single family structures) along Washburn Avenue fi.om Landfill Road. Since the time of the original conditional use approval, the petitioner has paved those portions of Crawford Avenue and Washburn Avenue from Landfill Road to the project's entrance. Con: Excessive truck traffic may damage and/or cause maintenance problems to the access road from Landfill Road to the project's entrance. Summary. Conclusion: Based on the layout of the approved site plan coupled with the condition of low traffic volumes and clear sight distances fi.om access points, the access driveway from Washburn Avenue currently produces sufficient operating conditions. Any changes to access geometry and on site traffic circulation will be subject to approval at the time of Site Development Plan approval. Since Washburn Avenue functions as the primary access to residential and less intense agricultural land uses located in Sections 35 and 36, the addition of large trucks hauling horticultural waste may have a detrimental effect on Washburn Avenue in terms of increased maintenance requirements which could negatively affect other users of the road. For these reasons, stipulations in the resolution of adoption are recommended in order to limit the amount of truck traffic generated from this use on Washburn Avenue. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Properties to the south and west are vacant and wooded. The properties north and east are developed with single family dwelling units, and the property owners of these sites have previously written letters of no objection to the proposed use. Due to the proximity of the subject site to the County landfill, it is likely that the property owners in the neighborhood presently experience the smell of offensive odors, depending on prevailing wind patterns, heat and humidity. The addition of the proposed use will not increase the probability that surrounding properly owners will experience offensive odors, provided horticultural waste is not stored in piles for long periods of time. The natural smell of mulched horticultural waste may actually mask the unpleasant smell, to some degree, from the neighboring landfill to the west. Noise and the potential for surrounding property owners to experience glare or unsightly visual effects resulting from the use will be mitigated by the following: An existing six (6) foot high opaque wooden fence along Washbum Avenue located on the east and west sides of the site; trees planted 25 feet on center along Washburn Avenue and on the east side of the site; and retention of a portion of the existing natural vegetative buffer which exists on the south and east sides of the subject site. Properties north of the subject site appear to meet, at a minimum, the fifty (50) foot front yard requirement for an Agricultural zoning district. There is an existing sprinkler system on site which can be used to reduce the dust generated from the operation. According to the manufacturer, as AG£r,,D,k tTEN~ OCT 2 6 1999 an option, the tub grinder can be equipped with a water spray dust suppression system to reduce dust. Additionally, the equipment involved in the daily mulching operation will primarily operate on the eastern half of the site towards the rear, away from residential uses to the north. Con: Although heavy equipment operation is typically associated with Agricultural uses, the surrounding land uses are more residential in nature than agricultural. For this reason, noise from the operation of machinery and noise associated with dump trucks coming and going from site could be perceived as being obtrusive to surrounding property owners. Dust can be problematic and results from different aspects of the process. Dust will be produced as trucks dump the horticultural waste on site and the mulch by-product is loaded and carried off site. As the horticultural waste is picked up and placed in the tub grinder, and as the waste is ground into mulch, dust is produced. Dust also blows from the mulch when it is stored in piles. There exists the potential for waste, other than horticultural, to be dumped and stored on site. There may be negative visual impacts from the storage of horticultural debris and mulch, Also, it is not unusual for debris or objectionable material to fly out of the top of the tub grinder as the machine operates, creating a safety hazard to adjacent property owners. Summary Conclusion: With conditions placed on the operation of'the business, most of the negative impacts associated with the use should be able to be significantly mitigated. Compatibility with adjacent properties and other property in the district. Pro: Surrounding properties have an agricultural zoning designation. Agricultural uses typically involve the use of heavy equipment and machinery. Agricultural production typically yields some type of return in terms of a product produced which is either used on site, or has a need to be stored on site and/or transported from the site to be used elsewhere. These are typical characteristics of the proposed use and are not unusual from other types of similar agricultural uses which may occur on the subject site or surrounding properties. Con: Although surrounding properties have an Agricultural zoning designation, they are primarily residential in nature. Different fi'om the larger properties which are typically associated with agricultural production, the surrounding properties are primarily divided into five (5) acre tracts. If the proposed use was located within a larger area, or surrounded by agricultural properties of larger areas, the negative effects associated with the proposed use might be better mitigated. Summary Conclusion: The petitioner has previously agreed to limitations which will reduce the negative aspects associated with the use. Significant expansion of track traffic associated with the use is not proposed. Staffhas supplemented these limitations with additional stipulations which will further mitigate the negative impacts associated with the proposed use. AGENDA IT~91 OCT 2 ~ I~9 STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU-99-21 for Conditional Use "2" Sawmills (including horticultural recycling) of the Agricultural (A) zoning district as described in the Resolution of Adoption and Exhibits, and subject to the stipulations attached hereto. PREPARED BY: ,~ c c~-W / 72~c~c JSUSAN MURRAY, AICP CHIEF PLANNER CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVE, D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. DIV. Petition CU-99-21 Staff Report for the October 7, 1999 CCPC meeting. Tentatively scheduled for the October 26, 1999 BCC meeting. COL~~~YT~~G COMMISSION: MqCILAEL J. BRUET, CHAIRPERSON 7 OCT 2 6 1999 C(H~dUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION CTJ 99-21 PETITION NUMBER: ~-,F~,r-~m~ ~.~ DATE OF APPLICATION.~ !i l COMMISSION DISTRIC~I.[~.=~_~= , , · ,!~J PLANNER ASS~SNED: ~qSAM r~</~,t¥ / ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR rUBLIC HEAaING FOR: CONDITIONAL USE General Information: Name of Applicant(s) Applicant's Mailing Address City /~ ~' i¢$ State ,~:r ! Applicant's Telephone Name of Agent~////~ City /~%z;/e 3 State F~_ Zip 3~/6~ Agent's Telephone #: ~J- F~P2 Fax #: ~O3- 2690 0C]'2 6 1999 Disclosure of Interest Information: a. If the property is owned fee .simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with ~n ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ! i If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address 2 Percentage of Interest 1999 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and~or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership 3 Date of Contract: / OCT 2 6 19 9 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or .trust. Name and Address Date subject property acquired (~/leased ( ): /~-/7~Z Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered b~ the a~plication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal CCI 2 6 1S99 description, an engineer's certification or sealed survey may be required. Section: 2/ Lot: Plat Metes Book & Bounds Block: Page ~: Township: ¢ 2~- Range: Subdivision: Property I.D.#:~0~75~06~O~ Description: Total Sq. Ft. --~ Acres /~, ~ Address/~eneral location of subject property: 6. Adjacent zoning and land use: Zoning Land use ! 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). Y~.$) '~A~...~o..¢,,,-~.~. ~,~../-;.;,~ "ILo '~"~e 5 OCT 2 6 1999 Section: .~/ Lot: Block: Township: ~- Range: Subdivision: Plat Book__ Page #: Metes & Bounds Description: Propert~y I.D. #: O~D~/a ~ ~ O O 4{ Type of Conditional Use: This application is requesting conditional use % ~ of the ~r.rq. district for (~Z oF Present Use of the Property: ..~'~{,~.~3F~;// ~t3/l=' /~¢ ~. /~/. 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 and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response ~ each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as maybe necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land ,use element): 7~~ Cr~w~ /~f~e~ ,'~I~A 'F~ '~'~--~)~,_l~,~~'.:~:~T7.'~' Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ ~ ~ Z~ ~'// /~<, ~/~ ~l do Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: Describe the site's with adjacent district: and the proposed use's compatibility properties and other properties in the OCT 2 6 1S99 ! e. Please provide any additional information which you may feel is relevant to this request.~ e Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearin.g? ¢ , 11. Additional SUbmittal rec~uirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8h" 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 ! 0CT251S99 8 ~,~...~/ CamMe~tio~: S 140.000.00 ~.~ s~o.~o 2240162 OR: 2357 1)G: 2150 t. IC~BI)iD ~.i O~IClIL IBCOIDS of COLLIil ~, fl, 11/2¢/~7 at II:it,u HIG~ 1. Bl0Cl, COILS lI1010. H IIC m ii.51 ,/j ,/J 2263537 OR: 2375 PG: 2775 L1/II/~ at I~:~1 ~ i. BBKI, CL~K Bi: ~ It,M WARRANTY DEED C~ ,~ and h4ar~i Jomm Speuc~, husbefld and wife Imnsimd~ c~bd ~be ~amcr, to Richard D. Yahl and Jean Yahl, Husi~fld and Wife as Io an undivided ~ll~:tinterest and Theresa YahL a single ~ ~s Io m m~livi4ed ~ interm~ 1918 lOth Terrace SIi N~plels, 1~ 3&116 up,uenmives md milM or ~ msd the ,uccesmrs ,,xl milm of coq)or-~jouL) WITWE~FFH: Thru the pumor, for and in couskierutioa of the nun of SlO.00 md odin' vuJusbie No: 00337:520004) .'tbs Na~dmt eoo-qum~ 0~ 1/4) oftbe SoudrwNm oM-qnmsr (SW I/4) of the Soudm, m m,e-,pmur (SW I/4) *Tills IX)C'mJlmE~ TS BEING P.K-~CORZ)EI:) TO ~ TRE CIRAIFr~ PIULCENTAGE Am) ADDBZSS. *s'~HIS DOCIIMK]IT IS BKIBG re-re-recorded to correct address of Srlncee. ~/ ~ 2251254 GB: 2365 Lq: 3363 u/n/~ at .:. Bum ,. smcs, 1999 *** OR: 2357 ?G: 2451 ~ C~'t T~ ~ 1/4 of Ibc Southwest I/4 of the Southwest 1/4 of Soct~n 31, ToM.hip 49 South. P~t~e 2'/East wrl'kll~ ~o. 2 (ix-~ ~mc bdaw) ILrrU~q TO I~L~AIt~R: NOTARIZED LETTER OF AUTHORIZATION RE: Conditional Use Petition and Site Development Plan for Expansion of the Yahl Horticulture Recycling Facility, Located on Washburn Avenue SW, in Section 31, Township 49 South, Range 27 East, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that the Hoover Planning, 3785 Airport Road N., Suite B, Naples, Florida 34105; Collier Environmental Consultants, 3880 Estey Avenue, Naples, Florida 34104; and Keene Engineering, 538 Ninth Avenue S., Naples, Florida 34104 have been engaged by the individual(s) below to act as authorized agents and to request necessary applications during the Site Development Plan review process and Conditional Use Petition process for expansion of the existing subject facility. si e,y, ~ignature Signature STATE OF ~-~:~~ COUNTY OF ~-~-I ~ The foregoing instrument was acknowledged ~,,.fore me this / day of who is (are) pe.~_.morially known..., to me or has produced as identification and who did (did not) take an oath. ~l~(~ta ry Public Printed Name My Commission Expires: SEAL MY ~ISSlON # CC 791245 EXPIRES: Novem~r 18, 2002 OCT 2 6 1,~99 NOTARIZED LETTER OF AUTHORIZATION RE: Conditional Use Petition and Site Development Plan for Expansion of the Yahl Horticulture Recycling Facility, Located on Washburn Avenue SW, in Section 31, Township 49 South, Range 27 East, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that the Hoover Planning, 3785 Airport Road N., Suite B, Naples, Flodda 34105; Collier Environmental Consultants, 3880 Estey Avenue, Naples, Florida 34104; and Keene Engineering, 538 Ninth Avenue S., Naples, Florida 34104 have been engaged by the individual(s) below to act as authorized agents and to request necessary applications dudng the Site Development Plan review process and Conditional Use Petition process for expansion of the existing subject facility. Sincerely, /~ ~ s~nature ,/ Signature ,/ STATE OF ~/(~ ~ COUNTYOF The foregoing instrument__v~as ac~, owledged who is (are) ~-personally'- kno~to (did not) take an oath. before me this day of me or has produced as identification and who did Printed My Commission Expires: SEAL CC-506 TAX DEED FILE NO R.10/97 PROPERTY INDENTIFICATION NO. 10274 00341040004 *** 2497806 OR: 2563 PG: 2980 UCO~D in O~ICIU, RICORD$ o[ COLLI~il COUli?T, FL 06/28/1999 a~ 02:29P~ D~IGH? l, BROCK, CLIH ¢0i~ 32500.00 UC fll i.O0 DOC-.?0 227.50 iet, n:RXCH YAHL JIUIII YAHL & ?HIilSA FILLIIOII 1918 ~0?H ?Ill SV Itt'LiS FL 24111 TAX DEED STATE OF FLORIDA COUNTY OF COLLIER The following Tax Sale Certificate Numbered 434 issued on June 1, 1996 was filed in the office of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the 28th day of June , 1999, offered for sale as requirec by law for cash to the highest bidder and was sold to Rich Yahl, Jeanie Yahl, and Teresa Fillmore whose address is 1918 40th Terr SW, Naples, FL 34116 ,being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. NOW, on this 28th day of June , 1999, in the County of COLLIER , State of Florida, in consideration of the sum of [~_~3-%~500.00) Thirty Two Thousand Five Hundred and 00/100 ............ Dollars the amount paid pursuant to the Laws of Florida does hereby sell the ft. Jwing lands situated in the County and State aforesaid and described as follows: Section 31, Township 49S, Range 27E, E 1/2 Collier County, Florida. Nitness: rerr~}{ar~: ~oni Butts STATE OF FLORIDA COUNTY OF COLLIER OF NW 1/4 .OF..~T~ 1/4 OF SW 1/4, .. ....... . San~-a Yo~ 'D~y ~ler~ COLL ~.E~ -. :,/C~n~y, .: F 1 g~ ida , -.. . __ . On this 28th day of June , .,- ,~?~, ~erore me Terri Hart personally appeared S~nd~_ young '..~ ~. Clerk of the Circuit Court in and for the State ~nd ~_~u~y'~wn to me to De the person described in and who executed the ~or~gc~i~q~rft, and acknowledged the execution of this instrument to'{be :h~~e6 ~ and'deed fc~' he use and purposes therein mentioned. =.~ '. ~ 0. ~ =~ : -- . . . , ',, - .- ~ ~ ~-1-~ Witness my hand and official seal '~ , ~1 .,,--~ AG~IT=~, date aforesaid. ~~'~.." ~. /~ :his inst~ment was prepared by Terri H~E"Deputy ~ 999 ?erri Hart , Deputy Clerk Eollier County, Naples, Florida 1 2 3 4 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 35 36 37 38 39 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A HORTICULTURAL MULCHING FACILITY (SAWMILL) CONDITIONAL USE 2 IN THE RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Leg/slature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Colher 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 th~-to 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 sai regulations made and provided, and has considered the advisability of Conditional Use 2 of Section 2.2.2.3 in a Rural Agricultural Zone £or a horticultural mulching facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WI-IEREAS, 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 William Hover, AICP of Hoover Planning representing Richard and Jean Yahl and 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 2 of Section 2.2.2.3 of the Rural Agricultural Zoning District for a horticultural mulching facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions as described in the attached Exhibit "D". 1 2 3 6 7 8 9 10 11 12 13 14 15 16 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. ATTEST: DWIGHT E. BROCK, Clerk 17 18 Approved as to Form and 19 Legal Sufficiency: 20 21 Marji~rie M. Student 22 Assistant County Attorney 23 f/CU-99-21, RESOLUT1ON/SM,t~ 24 25 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman -2- Exhibit A CU-99-21 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2.2.3.2. 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 Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o 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 reco..nended for approval DATE: CHAIRMAN: f/FINDING OF FACT C/{AIRMAN/ ~ CU-99-21 Exhibit B The NE 1/4 of the SW 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. AND: The S 1/2 of the NE 1/4 of the SW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. :i :I ill .Ii. Ii_ .. :ii,ii, CI~Ni)ITION~U. Exhibit D o o The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage of solid waste on site. The tub grinder shall not be operated within 150 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (1 O) feet. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. There shall be a maximum of twenty (20) dump trucks and forty-five (45) roll-off containers stored on site. The mb grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. Maintenance and repair services to dump macks, roll-off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement ofwaterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. OCT 10. 11. 12. 13. 14. 15. 16. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing, and steam-cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, drams and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repalnting. (n) The removal of engineers, transmissions, rear differentials and 4-wheel drive units shall not be permitted. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on site sprinkler system in order to reduce dust. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. The tub grinder will be equipped and operated with deflectors to minimize flying debris. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 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. OCT 2 17. 18. 19. 20. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator 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. The existing natural, native vegetative buffer along the southerly 5 acres southern property boundary of the site, shall be retained as it currently exists, to no less than a minimum width of the twenty (20)' feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. The existing eight (8) foot high opaque fence and existing landscape trees planted 25 feet on center adjacent to the northern five (5) acres' northern and eastern property boundary, shall be continued along the southern five (5) acres' eastern property boundary. There shall be a maximum of 60 dump tnack trips per day and 90 medium duty truck Irips permitted per day, to and fi'om the site. EXECUTIVE SUMMARY PETITION V-99-13, THOMAS F. LONG REQUESTING A 10-FOOT VARIANCE TO REDUCE THE REQUIRED 25-FOOT FRONT YARD SETBACK TO 15 FEET FOR PROPERTY LOCATED AT 216 FIFTH STREET, LITTLE HICKORY SHORES UNIT 2, IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain a dimensional variance reducing the front-yard setback of 25 feet to 15 feet in order to allow the petitioner to enlarge the existing one-car garage to accommodate an additional mid-sized vehicle. CONSIDERATIONS: If approved, this variance will allow enlargement of the one car garage to allow parking of two vehicles, end-to-end, inside of the garage. The 1 O-foot variance is the minimum variance needed to accommodate two vehicles. The 7.8-foot side-yard is too small to allow the garage to be expanded into it and an existing power pole partially blocks any use of the side-yard. The most logical and aesthetic solution is to allow the garage to be extended into the front-yard setback. An extension of the existing garage at this location will not create any impact to neighboring properties. The subject property is one of a few homes in this subdivision which has a one-car garage. Therefore, approval of this variance will not grant any special privelege to the owner that is denied to other properties in this zoning district. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, an Historical and Archaeological Survey and Assessment is not required. OCT 2 6 1999 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission voted unanimously to recommend approval of V-99-13, as provided for in the attached Resolution of Adoption, to the Board of Zoning Appeals. PREPARED BY: RE~/'IEWED BY: R~i rNALD '~CP CURRENT PLANNING MANAGER DATE DATE R~M1~HERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE ED BY: vr~CENT A. CAUTERO, ~dd~, ADMn, r~ST~,~TOP, COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition V-99-13 Thomas F. Long. This petition has been tentatively scheduled for the October 26, 1999 BZA Meeting. 2 AGENDA ITEM OCT 2 6 1999 AGENDA ITEM 7-F EMORANOtrM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRON. SERVICES DIVISION OCTOBER 7, 1999 V-99-13 Thomas F. Long AGENT/OWNER: Agent/Owner: Thomas F. Long 216 Fifth Strut Borfita Springs, FL REQUESTED ACTION: The petitioner is requesting a dimensional variance of 10 feet from the required front-yard setback of 25 feet in order to reduce the front-yard setback to 15 feet. The reduced setback will allow the petitioner to change the existing one-car garage to accommodate an additional mid- sized vehicle. GEOGRAPHIC LOCATION: The subject property is located at 216 Filth Street in Little Hickory Shores in Section 5, Township 48 South, Range 25 East, Bonita Springs, Florida (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this variance in order to enlarge his one-car garage to accommodate two cars. The reduced setback, if approved, would allow enlargement of the interior of the garage to 18 feet, which would allow parking of one large vehicle and one mid-sized vehicle. Ttds request is the m/n/mum variance needed to accommodate the petitioner's needs. The owner purchased the subject property in 1995, whichwas constnmted in 1965 as a single family vacation home with a one-car garage. Since 1965, the area has developed with single family homes mostly with two-car garages. The homes located next to and along Fifth Street are similar in s/ze but have two-car garages. This is one of the few homes in this neighborhood that has only a one-car garage making it unique. The owner was also informed that outside parking or storing of vehicles and trailers are not allowed per deed restrictions on the property (seq OCT 26 1999 attached); therefore, the applicant is faced with parking his second c,r elsewhere during long periods of time. The lot is small, only 75 feet by 116 feet, and has small side yards, only seven to eight feet in width, which does not allow room for the expansion needed to create a two-car garage. Futhermore, access to a wider garage expanded to the side yard would not be feasible due to an existing power pole located in the northwest comer of the lot. The front yard is the only logical area left to expand the garage. View of home facing southward toward garage SURROUNDING LAND USE AND ZONING: Existing: Surrounding: Single family home in RSF-4 zoning district North - tennis court, Phase II of Hickory Harbor Condos PUD South - canal and single family, zoned RSF-4 East - vacant, zoned RSF-4 West - single family, zoned RSF-4 2 OCT 2 $1999 GROWTH MANAGEMENT PLAN CONSISTENCYi~ The requested variance does not have an impact on this proPerty's consistency with the County's Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located outside an area of historical and archaeological probability and has already been developed. Therefore, no Historical/Archaeological Survey and Asses~n~t is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. Future road widenings or expansions of Fitth Street will not be hindered by granting approval of this variance request. Another view of the front yatd ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) throu~ (h) which are general guidelines to be nsl~d to assist the Commission in making a determination. Responses to items in this Subsection are as follows: a. ~Fe theFe spechl conditions find ciFcumstmtce~ e~isting which fu'e peculim' to the Ioc~tion, size and chm'scteFistics of'the In(l, m-uctuFe, OF building involved? Yes, special conditions and circumstances exist in that the site is small and ther~ is little room for expansion of thc garage except in the front-yard setback. Thc existing power pole precludes a side-yard expansion without incmrins additional costs, and altemt~n OIAGENDA ITEM the ~arag¢ roof would be mor~ difficult and comfy.~ No. ,/~' ~ 3 OCT 2 6 1999 Ce Are there special conditions and circumstances Which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? The house was built in 1965 as a vacation home and a one-car garage was only necessary for the owner. The owner bought the home to establish a permanent residence but has need to park an additional vehicle on site. This is not a problem by itself, but the owner was informed that outside parking or storing of vehicles and trailers are not allowed per deed restrictions on the property (see copy attached); therefore, the applicant' is faced with parking his second ear elsewhere during long periods of time. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicuat? If this request is denied, a literal intmpretation of the provisions of this Land Development Code could work unnecessary and undue hardship on the applicant and would deny him similar privileges as conferred upon neighboring property owners. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Thc variance requested is the minimum variance that will allow thc petitioner to reasonably expand his garage to an adequate size to meet his needs. The additional ten- foot depth added to the garage will allow parking of a mid-size ear but will not detract from the neighborhood, nor degrade any County standard which promotes health, safety, and welfare. wm granthag the variance requested confer oa the petitioner any special privilege that is denied by these zoning regulations to other lands, buflding~, or structures in the same zoning district? No. Granting the requested variance could be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or structm'es in the same zoning district; however, granting the requested variance to extend the garage into the front-yard setback only allows the property owner to enjoy adequate covered parking which most other residents of the Little Hickory Shores already enjoy. Will grm~ti~g the vmtanee be in hmmmuy ~ ~ general introit -md pnrpose of this Land l)eve~pment Code, and uot be injnrlo~s to the neighborhood, or otherwise detrtmeutal to the public welfare? It is staff's opinion that granting this variance will be in harmony with the general intent and purpose of the RSF-4 Zoning District. After camsi~g all possible impacts, 4 granting the requested variance would not be injurious to the area and it we, fid not be detrimental to the public welfare. Therefore, Staff considers this request minimal and in harmony with the general intent and purpose of the Land Development Code. ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Only the narrow side yard and the power pole located in the northwest comer of the property impact the feasibility of meeting the setbacks of the Land Development Code. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recomm_ends that the Collier County Planning Commission forward Petition V-99-13 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. AGENDA ITEM OCT 2 6 1999 PREPARED BY: DATE /~),'[EWED BY: )NALD F.'~-(~,, AICP CURRENT PLANNING MANAGER DATE R I~RE, AICP PLANNING SERVICES DIRECTOR DATE VINC~ A. CAUTERO, AICP, ADMINISTRATOR COMMLrNITY DEV. & ENVIRON. SVCS DIVISION DATE Staff Report for the October 7, 1999 CCPC meeting. Note: This petition is tentatively scheduled for the October 26, 1999 BZA meeting. COLLIER COUNTY PLANNING COMMISSION: - ' ':' - DA'vqg, CHAIRPERSON STAFF REPORT/V-99-13/DJM 6 ' AGENDA ITE. OCT 2 6 1999 VARIANCE PETITION Petition No. (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) MAY 2 8 1999 D D - ] ~ Date Petition Received: ........ Commission District: Planner Assigned: ! f ABOVE TO BE COMPLETED BY STAFF GENERAL INFOltd~IATION: Petitioner's Name: Peiitioner's Address: Thomas F. Lonq 216 Fifth St. Bonita Springs, Fla. (Little Hickory Shores) Telephone: 941-498-2575 Ageut's N.~,ne: Agent's Address: Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. IIORSESIIOE DRIVE - NAPLES, FL 34104 PIIONE (941) 403-2400/FAX (941) 643-6968 Application for Variance l'effiion - 8/98 Page I of 8 ~ ~CT 26 1999 Complete the lbllowing for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Not Available Little Hickory Shores, Inc. City State __ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Nmne of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCILIPTION; Legal Description of Subject Property: Subdivision: Little Hickory Shores Unit Section s .Twp. 48 Range 2 Lot ~) 3 Block ~) 25 PropertyI.D. # 55900120006 D Metes & Bounds Description: See Attached Survey - Exhibit "A" Application for Variance Petition - 8/98 l'a~e2ofa! £iC7 2 6 1999 ! II Address of Subject Property: 216 Fifth Street (Little Hickory Shores) (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: RSF - 4 Single Family Residence Adjacent Zoning & Land Use: ZONING S RSF - 4 W RSF - 4 E RSF - 4 Tennis Courts-Phase I1 (Hickory Harbour Condos Lot 3 & 4 (6th St.) $inole Family Homes Lot 4 (5th St./ Sinqle Family Home Lot 2 (5th St.) Vacant Minimum Yard Requirements for Subject Property: Front: 25' to set Back Comer Lot: Yes [] No [] Side: 7 1/2 Ft. (Each) Waterfront Lot: Rear: None Yes [] No [] Application for Variance Petition - 8/98 AGEI~A ITEM ~./~F_ Page 3 ,f8 OCT 2 6 1999 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce `front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. I am proposin~ addin~ to the dwellin~ to create a 2 car garage in lieu of existin~ one car ~ara§e. To accomplish this will require buildin~ 10' into the'25' setback. This will create an 18' (Interior) ~ara~e to accomodate a mid-size vehicle in the addition. This is a "minimum" request to serve this purpose. This property was purchased as a vacation home in 1995 by the present owner. The residence was built in 1965 when I car family's was'common. The encroachment is necessary to have a 2 car ~ara~e consistant with, and equal to the other homes on the street. A second vehicle cannot be extended.parked or covered in the driveway under the existin~ covenant ("Exhibit B") at this property, thus creatin~ a hardship not applicable to the adjoinin~ dwellings on the street. The present dwellins is functionally obsolete, and this request is necessary to make this dwellin~ a permanent residence. The situation and the street is unique, in that the property directly across the street is not buildable (Tennis courts and recreation park for Hickory Harbour Condos). ("Exhibit D") The variance approval will create no effect on the use of value or that property. Application f~.. Variance Petition - 8/98 AGENDA ITEM' OCT 2 6 1999 Pa§e 4 ~f 8 [ Please note that staff aud the Collier County Planning Commission shall be guided in their recommendation to tile Board of zoning Appeals, and that Ihe Board of zoning appeals shall be guided in its determination Io approve or deny a variance petilion by Ibe below listed criteria (1-8). (Please address this criteria t,sing additional pages if necessary.) Aretherespecialconditionsandcircumstancesexisling wbicharepeculiartothelocation, sizeand characteristicsoflheland, stn~cture, orbuildingmvolved. Cannot have a second vehicle at this location, and cannot have a 2 car ~rage without infringin~ on the set back rule. Are there special condilions anti circumslances which do nol result from Ihe action of the applicant such as pre-existing conditions relative to Ihe property which is the subject of Ihe variance request. This home was built and used as a vacation home by the previous owners and present owner to date. The present owner wishes to make this a permanent residence which makes this property functionall-y obsolete (A.K.A. Functional obsolence) with the present 1-car ~ara~e. Will a literal interpretation of Ihe provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difliculties on Ihe applicanl. Yes Will the variance, if granted, be the mininmm variance that will make possible Ihe reasonable use of the land, bnilding or stmclure and which pronmte slamlards of health, sal~ly or wellhre. Ye~ - The eastern "new" side of the ~ara~e will be 18' deep inside to accomodate a mid-size auto onl¥~ (A-minimum) (Exhibit "C") Application for Variance Pelilion - 8/98 Page 5 AGENDA ITEM OCT 2 6 1999 Will granting the variance requested confer on tl~e petitioner any special privilege that is denied by these zoning regulations to other lands, bt':ldings, or structures in fl~e same zoning district. None - It will only brinq this dwellinq up to "equal" with "all" other homes on the same block street which have .2 car ~araq.es. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental lo the public welfare. Yes - This house would become consistant with "all" houses on this ~e~k, .(2 car garage) and with most houses in the area. Extension into the set back will not damaqe the asthetics of the nei9hborin~ h~nes, (A picture, is enclosed with corners staked for addition). Exhibit "E" attached. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. .NoDe 8. Willgrantingthevariancebeconsistentwiththegrowthmanagementplan. The covenant Exhibit "B" governing this subdivision is 39 years old. (1960) ~]is home was built in 1965(approx.) when 1 car families was prevalent, a 2 car garage will be consistant with the block street, and the neighborhood. Application for Variance Petition - 8/98 -- AGEI~A ITED~ PaRe6 8 OCT 2 6 1999 EXHIBIT "A" Certified Survey 8/26/95 EXHIBIT "B" Little Hickory Shores Covenant Page 421 or Book 71 Little Hickory Shores (Item 4 - Storage Limitation) EXHIBIT "C" Survey with proposed "addition" EXHIBIT "D" Subdivision Plot Plan EXHIBIT "E" Photograph of dwel]in~ on property AGENDA ITEM OCT 2 6 1999 'OCT 2 6 1999 O. R. Book 71, page 421.......%2) Inc., when satisfied that the general restrictive plan will not be advcrseley affected. The "front line" of a lot as here used means the front line as the lo$ faces a strZ~t shown on the plat of She. subdivision. ~. No alcoholic beverages ~!]all be sold pn any of Che land, nor shall tho land. be used for night club or J_lke Joint purposo~. AI~ buildings sh~ll be Supported by adtquate piling foundations and must be erected of new materials and no buildings Of ar4V character shall be moved onto tho land; pr~vlded that Little PLickory ~31ores, Inc. may waive any of those requirements by written lnst~ament when satisfied that t] e resulting strlActure will be safe and o£ neat and sig~ ~ly appearance and in ketping With the general develop~,~nt of the subdivision. No corrugated metal roofing, or ~oll ~oofing excepting on flat roofs, shmll be used nor shall tho exterior walls of any buildl~ bo covered with wood substitutes, sheet metal, building paper, fell , roll roofinE or other slm~lar ~aterlals. Tho main res~ denco must be erected prior to, or simultaneously with tho erection of any other structures and the exporio~~ of all structures must be completely finished and palnt,d within six months. after' the beginning of const~ct on. Use of any lo~ as an automotive trailer park, or f,.~ a service garage, or for a junk yard, or for open sto.agu purposes, is expre%s- ly p~ohiblted. Nor shall any au~omotive trailer be parked on any lot excoptln~ during course of construction of a m~ln. rosidence thereon and then ,nly during such time as Little Hickory Shores, Inc. sha] expressly grant a writt~ pe~l$ therefor. ~ 5. No outside toilets, wat:r closets or privies are permitted. For ali. structures t ~ere must be provided adequate plumbing fo~ waste ware, and sewage which shall be disposed of by septic tank, o, other means, meeting th~ requirements prescribed by the h~alth authorit~ having Jurisdiction thereof. 6. No poultry or llvest0c~ shall be allowed or kept on the premises. Nor shall any ~all fence or other type of fence exceed two feet in heiH it; provided tha~ ~his l~mltatlon shall not apply to o~mental wire fences. 7. No boat houses are perm [tted but boat ports as hereinafter defined and restric~ ~d are permitted on the water side of the lot. As here ~sed the words "boat port' mean: (a) A structure primarily ['or use in docking boats n AC, ENO~ OCT 2 $1999 FIFTII STREET NAPL E~, FL gRIDA . .~ ..__'~_~-"~ 'ALE 1' = 2tY I.i 7,':i', fi/)' ' D// ........ % ........ ?..:_:".~*_ ~? : ........ . ', ?'5,~0' </./) ~ '., . ";-.I '~""~" ' [*('It. lC ', ,ii'L~ , ,~,' ,~ ~., ,,, I J .!71 IICI: ii'l...? .... Id. fi' i? 9.,'?' /,'? I 1;7,. . u) ~, ,7-~ '.. ~ ~-..) 9 I I [It? 1/.(?' , I"il',' IR J OCT 2-6 4999 el © WEST AVENUE V4Li, 6y VARIANCE' PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CIIECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Loca~on map depicting major streets in area for 1 reference 7~ Application fee, checks shall be ~nade payable to . Collier County Board of Commissioners 8. Other Requirements - . As tire authorized agent/applicant for this petition, I attest that all of thc information indicated on this checklist is included in this sub _m~tal package. I understand that failure to include all necessary submittal information may result in the deiay~f~0rocessing of this ~etition. / ~pi~li~:a~nt/Agent Signature ~ Thomas F. Lon~ Application for Variance Petition - 8/98 Page 7 o AGENDA ITEM ~ /?~' OCT 2 S 1999 RESOL~ON NO. 99- Rm-ATING TO PETITION NUMBER V-99-13, FOR A VARIANCE ON PROPERTY HEREIN~ DESCRIBED IN COLLm'CR COUNTY, FLORIDA. 6 7 WHEREAS, the ~ of the State of Florida in Chnpter 125, Floridn Sts~es, 12 (Ordinance No. 91-102) ~ ~ regul~tiom for the z~.-,k~ of :4 divisions of the County, among which is the granting of vamnces; and 15 WHEREAS, the Bo~d of ~oo ~ bein8 the duly d~:~t om~imt~ Bo~d of 18 setl~.k of 25 feet to 15 fe~ as shown on the attached plot plan, ~ 'A', in an RSF-4 19 Zone for the property hereinath~ described, and has found as a matter of fnct that ~ilfactory 20 provision and arrangement have been made concerning all applicable ~ required by said 21 regulations and in accordan~ with Section 2.7.5 of the Zoning ~ of said Lar 22 Development Code for the unincorporated area of Collier County; and 24 Board in public meeting assembled, and the Board having considered all matt~ presented; 25 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS 29 30 Lot 3, Bloc, kD, Lime Hickory Shores Unit 2, as mc, ord~ inl~ 3~ Book 3, Pase 79, ~'the Pu/gic Records of Collier C. mn~, Floddn 33 of 25 t~et to 15 t~t as drown on tl~ madmi plot pla~ Exlibit "A', oi'tlm ~ql~-4 Zmin~ -I- f - AGENDA ITEk 'OCT 2 6 1999 ~ Comli~bm for Variam~ for Petiflo~ V-99-13 2 4 ~ as dep~___~_.on the ~ pl~ p~ ~ =A' ~ ~ ~ 5 ~~~ 10 ~ ~o ~ ~-~ ~ 6 7 BE ~ ~OL~ ~ ~ ~~ ~ to ~ ~ V-~13 ~ ~0 ~ ~of ,1~. A~ST: ~ OF ZO~ ~ D~ E. BR~ ~ CO~ CO~, ~A 11 12 13 14 15 16 3.'7 3.8 19 2O 21 22 23 24 25 26 27 28 P~.& S. MAC'KIP., Chnirwoman Marjorie M. Student Assistant County Attorney . --7" =2- - AGENDA I~-bM 2 6 1999 STREE r ADDR£$,?, FIFTH STREET ~/. ~ NAPL£$, FLORIDA RIGHT OF I:/A I~0' (P & I.I) - FIR I)R I VE _L. f !~61z l?f' i~it v'I'.'I41_'N}'..,~ EXECUTIVE SUMMARY PETITION V-99-16, ANTHONY P. PIRES, JR., AND J. CHRISTOPHER LOMBARDO OF WOODWARD, PIRES & LOMBARDO, P.A., REPRESENTING THE NAPLES ITALIAN AMERICAN CLUB, INC., REQUESTING A VARIANCE OF 10 FEET FROM THE REQUIRED 50-FOOT FRONT YARD TO 40 FEET AND A VARIANCE FROM THE OPEN SPACE REQUIREMENTS OF LAND DEVELOPMENT CODE SECTION 2.6.32.1 FOR PROPERTY LOCATED AT 7035 AIRPORT-PULLING ROAD NORTH, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 10-foot variance from the required 50 foot front yard setback for a principal structure, along the north property line to allow for the expansion of Orange Blossom Drive. The petitioner also requests that the land being used for the right-of-way easements be credited as usable open space required by Section 2.6.32.1 of the Land Development Code. CONSIDERATIONS: Collier County acquired right-of-way easements across property owned by the petitioner for the widening of Orange Blossom Drive. Since setbacks are measured from rights-of- way or access easements, the front yard along the north property line is now non- conforming. In the acquisition of easements, the open space required for any future construction was also impacted. The Land Development Code requires that open space shall not include rights-of-way, therefore the petitioner requests a variance to use the entire 5 acre tract in the open space calculation. The existing building would not be affected, since it will become a legal non-conforming structure. Future structures however would have a required yard 10 feet greater than if the taking had not occurred, and an open space requirement greater than if the taking had not occurred. FISCAL IMPACT: Approval of this petition would have no fiscal impact to the County apart from those normally associated with development. AGENDA ITEM OCT 2 6 1999 GROWq'H MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan and is consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 7, 1999, and by a unanimous vote, forwarded Petition V-99-16 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions in the resolution. FREO ~.~EISCHL, SENIOR PLANNER CURRENT PLANNING 'REv~EWE~ BY: RONALD F'. I~1~'~, AICP CURRENT PLANNING MANAGER DATE DATE RO~~ERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPRO~D BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-99-16 AGENOA ITEM OCT 2 6 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER 17, 1999 SUBJECT: PETITION V-99-16 AGENT/APPLICANT: Owner: AGENT: The Naples Italian-American Club, Inc. c/o J. Delfino 317 Lambton Lane Naples, FL 34104 Anthony P. Pires, Jr. and J. Christopher Lombardo Woodward, Pires & Lombardo, PA 801 Laurel Oak Drive; Suite 710 Naples, FL 34108 REQUESTED ACTION: The petitioner requests a 10-foot variance from the required 50 foot front yard setback for a principal structure, along the north property line to allow for the expansion of Orange Blossom Drive. The petitioner also requests that the land being used for the right-of-way easements be credited as usable open space. .o./,cF OCT 2 6 1999 GEOGRAPHIC LOCATION: The subject property is located at the southwest corner of the intersection of Orange Blossom Drive and Airport Road North. PURPOSE/DESCRIPTION OF PROJECT: Collier County acquired right-of-way easements across property owned by the petitioner for the widening of Orange Blossom Drive. Since setbacks are measured from rights-of- way or access easements, the front yard along the north property line is now non- conforming. In the acquisition of easements, the open space required for any future construction was also impacted. The Land Development Code requires that open space shall not include rights-of-way, therefore the petitioner requests a variance to use the entire 5 acre tract in the open space calculation. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Naples Italian American Club; zoned A with a Provisional (Conditional) Use Orange Blossom Drive ROW, across which is vacant land zoned A (proposed site of the North Collier Library) Airport Road (CR-31) ROW The Carlisle ALF; zoned A with a Conditional Use The Carlisle ALF; zoned A with a Conditional Use 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, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. AGENDA ITEM OCT 2 6 1999 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ao Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The property is located at the intersection of an arterial road (Airport Road) and a local road that functions as a collector road (Orange Blossom Drive). The variance request is due to the County acquiring property being used to widen Orange Blossom Drive. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The building was constructed with conforming setbacks. The setbacks became non-conforming when Collier County acquired the right-of-way easements. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The existing building would not be affected, since it will become a legal non- conforming structure. Future structures, however would have a required yard 10 feet greater than if the taking had not occurred, and an open space requirement greater than if the taking had not occurred. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? A reasonable use of the land currently exists as the Italian American Club. As a result of the taking for road right-of-way, however, the future use of the property may be further restricted. AGENDA ITF.~ OCT 2 6 1999 Pg. eo Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller front yard than would be permitted for a similar lot in the A zoning district and less usable open space than if the easements were not acquired. However, this situation was not a result of the petitioner's actions. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. Approval will be injurious to the neighborhood only aesthetically. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. However, future structures will be required to meet landscape requirements at the time of Site Development Plan approval. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Because the situation was caused by a taking for public right-of-way easements, staff recommends that the CCPC forward Petition V-99-16 to the BZA with a recommendation for approval. AGENDA ITEM OCT 2 6 1999 PREPARED BY: PLANNER DATE ONALDVIEWEIBY: F~. ~I~NO, AICP CURRENT PLANNING MANAGER DATE F~~LHERE, AICP PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number: V-99-16 Collier County Planning Commission: MkCHAEL J. G,~U.'-T, CHAIRMAN AGENDA ~. OCT 2 6 1999 VARIANCE PETITION (VARIANCE FROM S:TBACK (S) REQUIRED FOR A PARTICULAR !O~'~I~'~{5~ iii'"[ Petition No. Date Petition Received:[ ............... Commission District: ~ Planner Assigned: /~-~ ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: The Naples Italian-American Club, Inc., a Florida corporation Petitioner's Address: c/o J. Delfino, 317 Lambton Lane, Naples, Florida 34104 c/o Anthony P. Pires, Jr. and J. Christopher Lombardo Telephone: (941) 566-3131 Agent's Name: Anthony P. p. ires, Jr. and J. Christopher Lombardo Agent's Address: Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 Telephone: (941) 566-3131 Facsimile: (941) 566-3161 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8~98 Page 1 of 8 /?F OCT 2 6 1999 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Master Association' N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: SubdMsion: N/A Unit N/A Section 2 Twp, 49S Range 25E Lot (s) N/A Block (s) Property I.D. # 00237960007 N/A Metes & Bounds Description: See attached Exhibit "A" Application for Variance Petition - 8/98 Page 2 of 8 OCT 2 6 1999 q Address of Subject Property: (If differen! from Petitioner's address) 7035 Airport Pulling Road N., Naples, Florida 34109 Current Zoning and Land use of Subject Parcel: The parcel is zoned "A" - Agricultural, with an existing use of a social and fraternal club, along with cultural and recreational facilities. Adjacent Zoning & Land Use: ZONING N A S A E A LAND USE Vacant; County Animal Control The Carlisle of Naples assisted living facility The Carlisle of Naples assisted living facility Airport Road/nursery Minimum Yard Requirements for Subject Property: Front: 50 Corner Lot: Side: 30 Waterfront Lot: Rear: N/A Yes [] No [] Yes [] No [] Application for Variance Petition - 8/98 Page 3 of 8 /TF OCT 2 6 1999 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. This variance petition involves a request for a variance from two sections of the Land Development Code ("LDC"). One variance requested is a variance from the otherwise required front yard setback requirement alon~ a portion of Orange Blossom Drive. This will be referred to as the "front yard setback variance". The other variance is a variance from the usable open space calculation provisions and this variance will be referred to as the "open space area variance". Both variances are bein~ requested as a result of the taking by the County of road ri~ht-of-xvav easements in an eminent domain (i.e. condemnation) proceeding;. The requested front yard setback variance is requested along a 300 foot long portion of the subject property (see Exhibit B-2). The requested open space area variance is requested for the entire 5.0 acre subject property. See attached Narrative, Attachment "1". Application for Variance Petition - 8/98 Page 4 of 8 AC'~-NDA Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. See Attached Narrative, Attachment "1" Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. See Attached Narrative, Attachment "1" Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. See Attached Narrative, Attachment "1" Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. See Attached Narrative, Attachment "1" Application for Variance Petition - 8/98 Page 5 of 8 OCT 2 6 1999 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. See Attached Narrative, Attachment "1" Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See Attached Narrative, Attachment "1" 7. .Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. See Attached Narrative, Attachment "1" Will granting the variance be consistent with the growth management plan. See Attached Narrative, Attachment "1" Application for Variance Petition - 8/98 Page 6 of 8 AGENDA I', OCT 2 6 1999 AFFIDAVIT WeJT, of the Naples Italian-American Club, Inc., a Florida corporation, bemg first duly sworn, depose and say that weJ7 am/are the owners of the property described herein andwhich is the subject matter of the proposed hearing; that all the answers to the questions m this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made apart of this application, are honest and true to the best of out' lmowledge and befief We/I understand that the information requested on this appfication must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Pubfic hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further attthorize Anthony P. th'res, Jr. and J. Christopher Lombardo of Woodward, Pires & Lombardo, P.A. to act as our/my representative in any matters regarding this Petition. NA£L£S I ?ALL4N-AA4ERICAN CLUB,/NC. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner State of Florida CourtO, of Collier The foreg~ instrument was ac/mow/edged before me this~ day q ~O{ , 1999, by ~ ~ ~,~ ~, n 0 of the Naples Italian-American Club, Inc., a Norida co~7~oration, who is personally ~wown to me or has produced _~ L ~N~ ~'b 1~ c ~q5~ as identification. Stephne Lynette Watts MY COMMISSION # CC63~726 EXPIRES Apdl 22, 2~1 IOND~D THF:U TRtY FAIN INSURANCe. IN(: Application for Variance Petition - 8/98 (S~a~ttre of Notary Public - State of Florida) (Print, ~ype, or Sta~p Commissioned Name of Notary Public) Page 8 of 8 AGENDA ITEM OCT 2 6 1999 EXHIBIT "A" TO VARIANCE PETITION DESCRIPTIONS OF LANDS Commencing at the Southeast comer of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 2, N 02° 14' 00" W 2038.10 feet; thence parallel with the North line of the S ½ of the NE 1/4 of the SE 1/4 of said Section 2, S 89° 51' 42" W 100.07 feet to the West Right-of-Way line of State Road 31 and the POINT OF BEGINNING of the parcel herein described; thence continuing parallel with the North line of the S ½ of the NE 1/4 of the SE 1/4 of said Section 2, S 89° 51' 42" W 660.00 feet; thence N 02° 14' 00" W 330.00 feet; thence parallel with the North line of the S ½ of the NE 1/4 of the SE 1/4 of said Section 2, N 89° 51' 42" E 660.00 feet to said West Right-of-Way line; thence along said West Right-of-Way line, S 02° 14' 00" E 330.00 feet to the POINT OF BEGINNING; being a part of the NE 1/4 of the SE 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. Containing 5.00 acres, more or less. EXHIBIT "A" TO VARIANCE PETITION AGE. NDA ITFJ~ OCT 2 6 1999 NARRATIVE (VARIANCE PETITION / NAPLES ITALIAN-AMERICAN CLUB) By virtue of an Order of Taking dated July 23, 1999 in condemnation case Collier Coun _ty, Florida vs. The Naples Italian-American Club, Inc., Case No. 98-1672-CA in Circuit Court, Collier County, Florida, and the depositing of the funds in the Registry of the Court on August 11, 1998 in that case, Collier County acquired right-of-way easements across the northerly and easterly boundaries of the subject property. Sketches depicting these easement areas are attached hereto and made a part hereof as Exhibit"B". The effect of the easements is to create a road fight-of-way of varying widths along the northerly and easterly boundaries of the subject property. The easement taken as Parcel # 106A along the northerly property line is sixteen (16) feet in width and 360 feet in length; the easement taken as Parcel #106B along the northerly property line is twenty (20) feet in width and 300 feet in length; and the easement taken as Parcel #806 along the easterly property line is fifteen (15) feet in width and 310 feet in length. By virtue of the taking of easement interests as opposed to acquiring fee simple title interests, the Applicant retains ownership of the entire five (5) acres. This variance application is for the purposes of obtaining the following variances: ^) a variance from the otherwise required front yard setback requirements along Orange Blossom Drive by reducing the otherwise required front yard setback for an existing structure from 50 feet to 40 feet along the entire width of the aforesaid parcel # 106B; and B) a variance from the open space requirements of Section 2.6.32.1 of the Land Development Code ("LDC") which otherwise precludes the ability to count street rights-of-way in determining the otherwise required thirty percent (30%) usable open space area. The granting of both variances will be consistent with the Growth Management Plan. IAC\Var-PetLNarrative ATTACHMENT "1" TO VARIANCE APPLICATION ITEM OCT 2 6 1~o99 FRONT YARD SETBACK VARIANCE The subject property is a comer lot and thus has two (2) front yards and two (2) side yards. By virtue of the taking of the easement, as yards are measured from the "street right- of-way" as per the definition of"setback line" in the definitional section of the LDC found at page LDC6:51, the existing Italian-American Club main structure, which previously was located sixty (60) feet from the Orange Blossom Drive road fight-of-way, is now located only forty (40) feet from the Orange Blossom Drive road right-of-way. The required setback is fifty (50) feet. The current location of this structure after the taking of the easement interest is depicted on the attached Exhibit "B-2". Pursuant to Section 2.1.13 of the LDC, a reduction in a required yard is prohibited. However, if a reduction in a yard below the minimum requirements is caused by action of a governmental body, such as by condemnation, then the otherwise required yard may be reduced by the amount so taken. As the reduction in the required front yard setback along Orange Blossom Drive for the existing structure was not a product of the Applicant's actions nor anyone on behalf of the Applicant, but instead was caused by actions of the County in its taking, this property thus is amenable to the granting of a variance. The variance that should be granted in this instance is a variance that runs with the land as the activities leading to the variance were not caused by the Applicant and in fact as it was a ta ~king through the eminent domain, condemnation process, it was not a transaction between a willing buyer and a willing seller. The granting of the variances will not be injurious to the neighborhood or surrounding properties. The existing structure will still be set back a substantial distance from Orange Blossom Drive road right-of-way and no setback vahance is being requested along Parcel # 106A and Parcel #806. The variance requested is the minimum necessary. Be OPEN SPACE AREA VARIANCE As to the open space area requirement, again, this is not a situation where a private land owner, in developing lxis land, provides a street or driveway system that should otherwise not be included or calculated as part of the required open space area. This was a forced acquisition, an acquisition precipitated by the local government and therefore it is IAC\Var-PetLNarrative ATTACHMENT "1" TO VARIANCE APPLICATION OCT 2 6 1999 .._ I? appropriate the prohibition against including street right-of-way fi:om the open space calculation not be applied in the instant case and a variance be granted fi:om that provision of the LDC. This variance would allow the areas encumbered by the road/street right-of- way, i.e. Parcels #106A, 106B and 806, to be counted in determining the subject property's usable open space area. The total area included within these three (3) easement parcels is as follows: Parcel 106A Parcel 106B Parcel 806 · 1322 acres · 1377 acres .1067 acres Total .3766 acres Thus the variance is to allow the .3766 acre of street right-of-way easement area to be included in the usable open space area calculations for the five (5) acre tract. IAC\Var-Pet~qarrative ATTACHMENT "1" TO VARIANCE APPLICATION OCT 2 6 1999 COLLIER COUNTY 3301 '[amiami '[raii East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: 1941) 774-0225 EmaiJ: attorney@ napJes.net DAVID C. WEIGEL COLLIER COUNTY ATTO~ Heidi F. Ashton Ramiro MafiaJich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M. Student MeJissa A, Vasquez Robert N. Zachary September 16, 1999 Fred Reischl, Planner Collier County Planning Services Department 2800 Horseshoe Drive Naples, FL 34104 Re: Variance Application for Naples Italian-American Club, Inc. Petition No. 99-16 Dear Fred: I am writing this letter to support the application by the Naples Italian-American Club, Inc. for a 10 foot front yard setback variance from the 50 foot setback along Orange Blossom Drive. As you may know, Collier County acquired various easements from the Naples Italian- American Club, Inc. as part of the six-laning of Airport Road. The approval of the 10 foot variance is a condition to our Stipulated Final Judgment. Please convey to the Planning Commission and the Board of County Commissioners that the Office of the County Attorney supports the 10 foot variance. Very truly yours, Assistant County Attorney Attachments cc: David C. Weigel, County Attorney Julio Ordonez, Design Engineer Micah Massaquoi, Project Manager Tony Pires, Esquire h:'uVublic~hg'iffa"Jetters',Reischl-lt Am Club OCT 2 6 1999 RESOLUTION NO. 99- RELATING TO PETITION ,NUMBER V-99-16, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. the .Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the prover 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) ~vhich establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS. the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heanng after notice as in said regulations made and provided, and has considered the advisability of a 10 foot variance from the required front yard of 50 feet to 40 feet along the north property line as shown on the attached plot plan, Exhibit "A'. in a "A" Zone and a variance from the provisions of Section 2.6.32 of the Land Development Code. to utilize 0.3766 acres of roadway easement in determining the subject property's usable open space requirement tbr the property hereinafter described, and has found as a matter of l:act that satist~actorv provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County: and WHEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida. that: The Petition V-99-16 filed by Anthony P. Pires. Jr. and J. Christopher Lombardo of Woodward, Pires & Lombardo, P.A.. representing The Naples Italian-American Club, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 10 foot variance from the required front yard of 50 feet to 40 feet along the north property line as shown on the attached plot plan, Exhibit "A", of the A Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachments depicted in Exhibit "A AGENDA ITEM 2. Any other encroachment shall require a separate variance. No. / ~'~-" -2- OCT 2 g ' 099 Pg. BE IT RESOLVED that this Resolution relating to Petition Number V-99-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority, vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marjorle M. Student Assistant County Attorney PAMELA S. MAC'KIE, Chairwoman f/'V-99-16 RESOLUTION/FR,'ts AGENDA ~TEM OCT 2 6 1999 EXHIBIT "A" A(~.ND A ITEM ~./?,~ OCT 2 $1999 Ps. ~ EXHIBIT "A' TO VARIANCE PETITION DESCRIPTIONS OF LANDS Commencing at the Southeast corner of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 2, N 02° 14' 00" W 2038.10 feet; thence parallel with the North line of the S V2 of the NE 1/4 of the SE 1/4 of said Section 2, S 89° 51' 42" W 100.07 feet to the West Right-of-Way line of State Road 31 and the PO1NT OF BEGINNING of the parcel herein described; thence continuing parallel with the North line of the S ½ of the NE 1/4 of the SE 1/4 of said Section 2, S 89° 51' 42" W 660.00 feet; thence N 02° 14' 00" W 330.00 feet; thence parallel with the North line of the S ½ of the NE 1/4 of the SE 1/4 of said Section 2, N 89° 51' 42" E 660.00 feet to said West Right-of-Way line; thence along said West Right-of-Way line, S 02° 14' 00" E 330.00 feet to the POINT OF BEGINNING; being a part_ of the NE 1/4 of the SE 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida. Containing 5.00 acres, more or less. Exhibit "B" AGENDA ITE' OCT 2 6 1999 EXECUTIVE SUMMARY PETITION OSP-99-2, WILLIAM L. HOOVER, AICP OF HOOVER PLANNING REPRESENTING CRAIG D. TIMMINS, TRUSTEE, REQUESTING APPROVAL OF AN OFF-SITE PARKING PETITION ON LOT 70, PALM RIVER SHORES TO SERVE A COMMERCIAL DEVELOPMENT LOCATED ON TAMIAMI TRAIL NORTH DIRECTLY TO THE WEST OF THE SUBJECT PARCEL ON LOTS 71, 72, 73, 74, AND 75, PALM RIVER SHORES. OBJECTIVE: The applicant is requesting approval of 10 off-site parking spaces on Lot 70 Palm River Shores, which is zoned "RSF-4" to serve a commercial development located directly to the west of this parcel on Lots 71,72, 73, 74, and 75, Palm River Shores zoned "C-3". CONSIDERATIONS: The petitioner owns a 2096 square foot dilapidated vacant commercial building with no parking. The building is very old and was constructed below the required flood elevation. Due to the small size of the property and the fact that the property is a corner lot requiring two larger front setbacks, and adjacent to residential on one side requiring a third large setback, redevelopment of this parcel is not economically feasible. Therefore, no redevelopment activity has ever taken place on this commercial development. The applicant, who owns the commercial parcel along Tamiami Trail North and the residential lot behind it, is proposing to remove the buiiding and build a 4700 square foot commercial building in full compliance with all County Codes an~l Regulations. The applicant is proposing to build 10 of the required 20 parking spaces on the residential property. It should be noted that across the street from this project on the north side of Shores Avenue, there is another parking lot on a lot zoned residential that serves an existing furniture store. The proposed parking on the residential lot will directly face the furniture store's parking lot across the street. The intent of the Code was to allow existing non-conforming commercial developments to use an adjacent residential lot to alleviate an existing parking problem by installing up to 33 percent of the required parking spaces off-site. However, in several occasions in the past, requests, which differed from the strict requirements of the Code, were approved by the Board of Zoning Appeals. OCT 2 6 1999 The Collier County Planning Commission (CCPC) reviewed this petition durin~ their public hearing of October 7, 1999. The CCPC by a unanimous vote forwarded petition O$P-99-2 to the' Board of Zoning Appeals with a recommendation of approval. In addition, staff has not received any letters in opposition to this petition and no one spoke against this petition during the public hearing. As a result, this petition has been placed on the Summary Agenda. FISCAL IMPACT: The Commercial/Industrial impact fees for retail land uses include the following categories: (1) Roads; (2) Fire; (3) EMS; and (4) Surcharges that include: a) Radon Gas; b) Building Code Administration; and c) MicroFilm. These impact fees are based on the total square footage of any new commercial structure or addition thereof. Should this petition be approved and the site redeveloped. The new building will be 2,604 square feet larger than the old one therefore; the impact fee will apply to the area above and beyond the existing area of the building. The Impact fee with the exclusion of the Utilities Impact Fee will be approximately $5720.00. GROWTH MANAGEMENT IMPACT: Section 2.3.4.11 Locational Restrictions, states that where off-site parking is proposed for commercial uses, all of the lots proposed for off-site parking must meet the Locational requirements for commercial uses as identified in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) or be designed to serve water- dependent and/or water-related uses described in the GMP. Approval of this petition does not constitute a rezone, but rather will only permit the off-site parking as depicted on the attached site plan labeled Exhibit "A", or any use which is permitted in the RSF-4 zoning district, should the off-site parking agreement be rescinded at any time in the future. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals (BZA) approve petition OSP-99-2 subject to the conditions of approval as described in the Resolution of Adoption and Exhibits made a part of this executive summary. OCT g 6 1999 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE R~3NALD F. NI I~O, _ATCP,~ MANAGER CURRENT PLANNING SECTION DATE R(~BEI~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APeD BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 3 AGENDA ITEM OCT 2 6 1999 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: SEPTEMBER 13, 1999 SUBJECT: PETITION OSP-99-02 OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road N. Suite "B' Naples, FL. 34105 Owner: Craig D. Timmins, Trustee 3255 N. Tamiami Trail Naples, FL. 34104 (Craig Timmins, William Gonnering, Todd Gates & James McVey) REQUESTED ACTION: The applicant is requesting approval of an off-site parking petition on Lot 70, Palm River Shores in Section 22, Township 48 South, Range 25 East to provide for 10 parking spaces for a commercial development located directly to the west of this parcel on Lots 71, 72, 73, 74, and 75, Palm River Shores. GEOGRAPHIC LOCATION: The property proposed for off-site parking is located on the south side of Shores Avenue approximately 100 feet east of Tamiami Trail North. (See iljustration on following page). PURPOSE/DESCRIPTION OF PROJECT: AGENDA ITEM OCT 2 i299 Pg- F j! The petitioner owns a 2096 square foot dilapidated vacant commercial building with no parking. The building is very old and constructed below the required flood elevation. Due to the small size of the property and the fact that the property is a comer lot requiring two larger front setbacks, and adjacent to residential on one side requiring a third large setback, redevelopment of this parcel is not economically feasible. Therefore, no redevelopment activity had ever taken place for this commercial development. The applicant who owns the commercial parcel along Tamiami Trail North and the residential lot behind it is proposing to remove the building, build 4700 square feet of commercial building in full compliance with all County Codes and Regulations. The applicant is proposing to build 10 of the required parking spaces on the residential property. It should be noted that across the street from this project on the north side of Shores Avenue, there is another parking lot on a lot zoned residential that serves an existing fumiture store. The proposed parking on the residential lot will directly face the furniture store's parking lot across the street. The intent of the Code was to allow existing non-conforming commercial developments to use an adjacent residential lot to alleviate an existing parking problem by installing up to 33 percent of the required parking spaces off-site. However, in several occasions in the past, requests which differed from the strict requirements of the Code were approved-by the Board of Zoning Appeals. SURROUNDING LAND USE AND ZONING: Existing Conditions: The property proposed for off-site parking is currently vacant and is zoned RSF-4. Surrounding: North - East - South - West - Castro Convertibles parking lot, zoned RSF-4. Single-family residential under construction and : zoned RSF-4. Collier's Reserve Golf course and is zoned PUD. The commercial parcel belonging to the applicant for which this Off-Site Parking petition was filed and is zoned C-4. GROW'rH MANAGEMENT PLAN CONSISTENCY: Section 2.3.4.11 Locational Restrictions, states that where off-site .parking is proposed for commercial uses, all of the lots proposed for off-site parking must meet the Locational requirements for commercial uses as identified in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) or be designed to serve water- dependent and/or water-related uses described in the GMP. Approval of this petition does not constitute a rezone, but rather will only permit the off-site parking as depicted on the attached site plan labeled Exhibit 'A", or any use which is permitted in the RSF-4 zoning district, should the off-site parking agreement be rescinded at any *~-'" ;- "- ...... A~'J¢~TEM future. N~ /~'~-~ OCT 2 6 1999 EVALUATION FOR INFRASTRUCTURE: ENVIRONMENTAL. TRAN SPOF~ rATION AN D This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official 'Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, 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 histodc 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. There are six requirements which must be satisfied in order to be granted approval of off-site parking. These requirements are as follow: All of the lots are under the same ownership; All lots are under the ownership of Craig Timmins, Trustee. No off-site parking space is located further than three hundred feet (300.~) from the building or use they ars intended to serve, measured by the shortest feasible walking distance, unless special circumstances exist under Section 2.3.4.11.5; The furthermost off-site parking space is within approximately 60 feet from the existing and proposed commercial building. c. The lots are not separated by an arterial roadway as designated in the Traffic Circulation Element of the Growth Management Plan; The lots are not separated by an arterial roadway, there are adjacent properties with a common property line. At least sixty-seven percent (67%) of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under Section 2.3.4.11.5; A~A ITEM OCT 2 6 1999 p~. ,~' Of the 20 parking spaces required for this property, 10 are on the residentially zoned p,operty, and as allowed under Section 2.3.4.11.5 three of those parking spaces are labeled "employee parking". Therefore, the application is in compliance with this requirement. e. The off-site parking will serve an existing structure or land use.. The off-site parking will serve a new commercial building. However the property was being used for commercial purposes in the past and it will be used for similar commercial uses in the future. fo All of the lots proposed for off-site parking meet the Iocational requirements for commercial uses as identified in the Future Land Use Element of the Growth Management Plan as described in the Urban Residential SubdistHct of the Future Land Use Element of the Growth Management Plan. This petition is consistent with the Iocational requirements as designated in the FLUE of the Growth Management Plan. The off-site parking facility shall be designed to mitigate any negative effects of this parking facility on neighboring residentially zoned property. Mitigation shall include, unless specifically determined by the Board of Zoning Appeals not to be necessary: 1. No vehicular egress shall occur on local streets opposite of residential homes or within the building lines of unimproved single-family = residentially zoned property. No access point will be within the building lines of the adjacent properties. The egress point will face a ddveway for an existing off-site parking on the north s!de of Shores Avenue. 2. Lighting shall be shielded, pointing downward, and not over 20 feet in height so as to prevent glare upon all neighboring properties. This requirement has been incorporated into the resolution. 3. A 15 foot wide landscape buffer strip shall be provided around the entire perimeter where it directly abuts residentially zoned property. A six foot high fence, wall (architecturally finished), hedge or berm combination and 10 foot tall shade trees spaced no more than 20 feet apart on center shall' be required. The conceptual site plan indicates that the petitioner has designed lot in accordance with those requirements. It will be staff's duty to 4 OCT 2 6 1999 that the approved SDP is in full compliance with the requirements the Land Development Code. REVIEW CRITERIA: Staff's recommendation to the Planning Board, as well as the Planning Board's recommendation to the Board of Zoning Appeals shall be based on the following review criteda set forth in Section 2.3.4.11.6 of Land Development Code: a. The proposed off-site parking facility, including the ingress and egress is safe and convenient for motorists and pedestrians; The proposed parking lot will provide a driveway connection onto Shores Avenue which safely directs ingressing and egressing traffic onto the adjacent public street. The proposed off-sEe parking facility does character and quality of the neighborhood development of surrounding properties; not adversely impact the nor will hinder the future Where off-site parking is proposed adjacent to residentially zoned property, enhanced buffering and landscaping are required pursuant to Section 2.3.4.11.4(g) of the Land Development Code. In the opinion of staff, this enhanced landscape buffer will provide an adequate buffer between the proposed off-site parking facility and the residentially zoned properties adjacent to the said parking facility. c. Approval of the petition will not create parking problems for any neighboring property; Approval of this request will do nothing to create parking problems. d. Other more viable parking solutions are not available to the petitioner. There are no other more viable parking solutions available within the neighborhood to provide adequate parking for this building. As discussed above, the property to the north of this parcel has a similar off-site parking. STAFF RECOMMENDATION: That the Collier County Planning CommissiOn (CCPC) forward Petition OSP-99-01 to' the Board of Zoning Appeals with a recommendation of approval subject to the stipulations listed on the Resolution of adoption and Restrictive Covenant. AGENDA ITEl OCT 2 6 1999 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE R~WED BY; CURRENT PLANNING SECTION DATE [OBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE AP P/~O,~D BY: VINCENT A. CAUTE-RO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for the October 7, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: M!C.U.~.'-L,,.' =7,L;~i-, CHAIRMAN 6 AGENDA I'rE~ OCT 2 ~3 1999 RESOLUTION 99- RELATING TO PETITION NUMBER OSP-99-2 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of off-site parking, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public heating al~er notice and has considered the advisability of Off-Site Parking at Shores Avenue on Lot 70, Palm River Shores, to serve the existing business, located at 11980 North Tamiami Trail and Off-Site Parking as shown on the attached plot plan, Exhibit "A", in an RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning ail applicable matters required by said regulations and in accordance with Subsection 2.4.11.4, Section 2.7.5 and Division 3.3 of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 William L. Hoover, AICP, of Hoover Planning, representing Craig D. Timmins, Trustee, with respect to the property hereinal~er described as: Lot 70, Palm River Shores, as recorded in Plat Book 3, Page 27, Official Records of Collier County. be and the same hereby is approved for Off-Site parking as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the following conditions: Exhibit "B" AGENDA ITE OCT 2 6 1999 BE IT RESOLVED that this Resolution relating to Petition Number OSP-99-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, CHJffRWOMA~ Approved as to Form and Legal Sufficiency: Marjc~ M. Student Assistant County Attorney ~'admin/OSP-99-02;<> RESOLLrFIONICI?dim -2- OCT 2 6 ~, ?M ~w (u.S. 4momH) "\ /'''- C'F. AI~i I;2. flMMON5 CONDITIONS OF APPROVAL OSP-99-02 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on October 7, 1999. a. The applicant shall bear the cost of recording the restrictive covenant in the public records of Collier County, and shall prOvide a copy of the recorded document to Planning Services prior to the final SDP approval. bo Lighting shall be designed to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. c. The proposed parking shall be surfaced with asphalt or concrete and stdped accordingly. d. A 15-foot landscape buffer shall be provided along the residentially zoned property. This shall include a six-foot high opaque masonry wall. The wall stipulated in condition "d" above shall be continued along the northern property line between the northeast property corner and the access point to the parking lot. EXHIBIT "B" A~.~IDA I~ OCT 2 6 1999 RESTRICTWE COVENANT AND OFF-SITE PARKING AGREEMENT This agreement is made and entered into this day of ,1999, by and between Craig D. Timmins and the Collier County Board of Zoning Appeals (the "Board"). RECITALS WHEREAS, Petitioner is the owner of 11980 North Tamiami Trail, Naples, Florida (hereinafter the "subject property"), more particularly described as: Lots 71-75 Palm River Shores as recorded in Plat Book 3, Page 27, of the Public Records of Collier County, Florida; and WHEREAS, the Petitioner wishes to operate off-site parking facilities on land more particularly described as: Lots 71-75 Palm River Shores as recorded in Plat Book 3, Page 27, of the Public Records of Collier County, Florida comprised of RSF-4 zoning; and which petitioner also ownes; and WHEREAS, the proposed off-site parking facility does not adversely impact the character and quality of the neighborhood nor hinder the proper future development of surrounding properties; and WHEREAS, the proposed off-site parking facility is in conformance with all of the crite" set forth in Section 2.3.4.11.4 of the Land Development Code; and WHEREAS, the proposed off-site parking facility will provide Ten (10) new parking spaces which will serve to provide the necessary parking for the subject property; and WHEREAS, the Board of Zoning Appeals has passed Resolution No. 99- attached hereto as Exhibit "A", relating to Petition OSP 99-2 approving the proposed off-site parking. NOW, THEREFORE, in consideration thereof, the Petitioner agrees in his qapacity as the owner of the subject property as well as the owner of the property which will provide the off-site parking to the following: 1. The above recitals are true and correct and incorporated herein by reference. 2. That the proposed off-site parking areas shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the subject property and use so long as the lease for the off-site parldng facilitates are required and that this Agreement constitutes a restrictive covenant. 3. That the petitioner shall bear the expense of recording the Agreement in the. Official Records of Collier County wl~ich shall bind the property owner, his heirs, successors and assigns. 4. That the petitioner abide by all of the conditions and stipulations described in the Resolution No. 99- and by the Site Plan noted as Exhibit '~A" attached her by reference herein. OCi 2 1999 5. That all of the requirements for a Board of Zoning Appeals determination for off-site parking referenced in Petition OSP-99-02 have been met and approved by Plarming Staff. 6. This Agreement supersedes and modifies any prior Parking Agreement which may have been executed between the Board and the then or current owner of the subject property and the property which will serve as the off-site parking area. 7. This Agreement shall remain in full force and effect unless and until terminated by the Board under Items 8 or 9 below. 8. This Agreement shall be voided by the Board if other off- street parking facilities are provided in accordance with the requirements of Division 2~3, Collier County Land Development Code. 9. That upon failure to conform to any of the provisions of this Agreement or the attached Agreement Sheet, this Land Reservation and Off-Site Parking Agreement shall be voided by the Board and the Petitioner shall be required to conform to all zoning regulations as contained in the Collier County Land Development Code. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above whtten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Witnesses: PETITIONER AND OWNER OF LAND UPON WHICH OFF-SITE PARKIrNG FACILITIES ARE TO BE LOCATED: CRAIG D. TIMMINS, TRUSTEE Witnesses: Approved as to form and legal sufficiency: Marj°rl~ Mi Student ' Assistant County Attorney -2- .o._/?G OCT 2 S ;,399 EXECUTIVE SUMMARY PETITION VAC 99-003 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TH~ 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 way 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., requesting 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 pertinent agencies except for the Collier County Transportation Department. Zoning is P.U.D. At the time of rezoning of the adjacent commercially zoned parcel to the north of Falling Waters Boulevard, the residents of Falling Waters objected to a proposed vehicular interconnection from Falling Waters Boulevard to the abutting commercial property. As part of the stipulations for rezoning for this commercial tract, the Falling Waters residents agreed to a pedestrian interconnection from their property to the abutting commercial tract. The requirement for a pedestrian interconnection was approved as a stipulation to the rezoning of the aforementioned commercial tract. 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 cop)' of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: i~-~_ ~ c_,~_ _~-~k-~' ~ ~_~-~5~ DATE: Rick Grigg, P.S.M. Planning Services REVIEWED BY: ~~~t,~ ~.. 'J~A DATE: Thomas E Kuck, P.E., Engineering Review Manager /5- ?? REVIEWED BY:r~ou.,t.~~~'"u-l~ere, AICP Pl~ann~g Services De~ctor APPROVED BY: ~f-~ ~' - Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE:/~P -" /.) DATE: OCT 2 6 1999 . / 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ,-2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 43 RESOLIJTION NO. 99- RESOLUTION FOR PETITION VAC 994)03 TO DISCLAIM, RENOUNCE AND VACATE TI-IE COUNTY'S AND THE PUBLIC'S INTEREST IN TIdE 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. WHEREAS, pursuant to Sections 336.09, 336.10 and 177.101, Florida Statutes, Douglas A. Wood, Esq., of Siesky, Pilon & Wood, P.A., as agent for the petitioner, Falling Waters Recreations, Inc., docs hereby request the vacation of the East 565.38 feet of the 84' wide Road Right of Way platted as "Falling Waters Boulevard, Tract D" on the plat of''Falling Waters Replat" as recorded in Plat Book 19, Page 7, Pubhc Records of Collier County, Florida and being located in Section 8, Township 50 South, Range 26 East; and WHEREAS, the Board has this day held a pubhc hearing to consider vacating said road right of way, as more fully described below, and notice of said public hearing to vacate was given as required by law, and WHE~, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following road right of way is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOA.RD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Utility Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted; and BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to adve~ise the adoption of this Resolution once in a paper of general circulation in the County within 30 days following its adoption. BE IT FIYRTH~R 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 pubhc hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal He~'""~i F. A"~ht~6n ' Assistant County Attorney BY: PAMI~.I.A S. MAC'KIE, Chaimatom~ AGEJqDA ~TF_.~ OCT 2 6 1999 Pi. - VAC 99.oo3 AGENDAIT~ '-- ~ OCT 2 6 1999 UTILITY EASEMENT Exhib~ "B" VAC THIS EASEMENT, granted this ~f- 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 dollars ($10.00) and other valuable consideration paid by the Grantee, r, ipt of which is hereby acknowledged, hereby conveys, grants, b, ains 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. ITEM OCT 2 6 1999 IN WITNESS 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 $~ 2 of 3 VAC 99~3 STATE OF NEW YORK COUNTY OF WESTCHESTER The foregoing instrument was acknowledged before me by Albo J. Antenucci, Jr., as President of Falling Waters Recreations, Inc., this 2~--° day of j~l, 1999. ANTHONY J. KUNNY Notlry Public, State of New York No. 01KU5035078 Qulllfll~l In Wlstchaster County ¢omml,~lon Expl~el O~t, ~4, ~ ID produced This instrument prepared by: DOUGLAS A. WOOD, ESQ. Siesky, Pilon & Wood 1000 N. Tamiami Trail, Suite 201 Naples, FL 34102 (941) 263-8282 F: \APPS \WP51 \FORMS \UTILITY\vaceas. doc AGENDA iTEM OCT 2 6 1999 ,51~'L-- T£1.t ¢¢ EgSE'h'IE:-MT 5~mlg 3 or' 3 VAC 99003 COLLIER COUNTY 15 FOOT UTILITY EASEMENT Commencing at the Southeast corner of Tract "A" Falling Waters Replat as recorded in Plat Book 19, Pages 4 through 7 of the Public Records of Collier County, Florida; thence South 00° 13' 05" East 67.0 feet to Point of Beginning of a 15 foot wide easement lying 7.5 feet each side of the following described line; thence South 89° 01' 59" East 565.38 feet. [I 0 T g S: Bearings based on center line of Falling Waters Boulevard, being S. 89°01'59'' E. P.t).C. = Point of Commencement P.O.B. = Point of Beginning BRUNS & BRUNS, INC. ' .... 2 Sixth Avenue, North _es, FL 3&102 941-261-5965 DAVID B. BRUNS, PLS Fla. Cert· No. 4520 Date: 2-10-99 Corporation No L ~ I OCT 2 6 1999 JUN-II-1999 14:J6 2002 P.02~02 A~F~s~! 100 ~____Bed~ord Road 'CJt'y/~t:A~; Mt, KiSco t New York ~%m~: Douglas ~. wood, A~$: ]fi00 T~m~a~i ~Fail N~r~h, .Suite ~201 , C Tel~hou~.914.-241_-9090 T~l~phone:. 263~8282 ROad Name. Portion of Fall£n~ Wate=s Bo. ule~ard (East 565.38 feet) . Location: Section ' ' 8 Townihlp . 50, ~ 2.~ . ~lat Book 19 ~lze(s) 4-7 Legal D~eripflon:~ast 565.38 f~et Dr..Tract D, Failing Waters Ca. eat ~ing: PUD Bar.fa Boulevard. / __~ , Friedland socre~ary Pal: ,t Name " ~lde) ~lease sM ~oHey and ~roc~ure on ~e ~o~ng and Vsc~on of Road ~af-Wa~ for the I~ of suppe~ive m?~ab which must ac~mpany Chh pe6fio~ ~d d~er ~ Co~u~T~ Development & En~omm~ Se~c~ Dillon · hu~ug S ~ 2800 No~ ~Q~hoe Dr. ~npl~ ~e~da 341~ (2) If sppl~nt is n ~rpo~on ot~er ~ a public cn~n~ in~te th~ n~m~ of o~cers ~d' major ~old~, A~ "A" Pa, S~: 4 o.f4 AGFJ~)A ITEk OCT 2 6 1999 TOTAL P.O2 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number IDate IP°st Date IPayment Slip Nbr 117984 02/24/1999 2:52:31 PM 02/24/1999 MS 49327 FALLING WATERS DEV. CORP. New or Exist: N Payor' FALLING WATERS DEV CORP Fee Information I Fee Code 1 Description { GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Total Amount Waived $1000.00 $1000.00 IPayment Code t Account/Check Number CHECK 010230 Payments Total Cash Total Non-Cash Total Paid Memo: Easement Vacation VAC ~99-003 Check #010230 Amount $1000.00 ] $0.00 $1000.001 $1000.00 1 Cashier/location: TERILLA_J / 1 User: KENDALL_M Collier County Board of County Commissioners CD-P/us for Windows 95/NT Printed:02/24 199¢J~;~~L.- OCT 2 6 1999 COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C-1 NAPLES, FLORIDA 34112-4997 (941) 774-8171 C. F.C. CERTIFICATE OF NO TAX DUE vnc. qq-¢ TO: Dwight E. Brock Clerk of the Circuit Court And Doug Wood 1000 Tamiami Tr., N #201 Naples, Fl. 34102 Falling Waters PUD ID# 32400025750 Desc: East 565.38ft of Tract D at Falling Waters Replat 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 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. seal Guy L. Carlton Collier County Tax Collector OCT 2 6 1999 SIESKY, PILON & WOOD lAMES A. PILON, P.A. Board CertJdied Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. a partnership of professional associations ATI'O~YS AT LAW SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 qq.oo June 3, 1999 Heidi Ashton, Esq. Assistant County Attomey 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. OPINION 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 Kecords 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 TELEPHONE: 941-263-8282 FACSI :iL..: BE o 1999 SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW Ms. Ashton, Esq. Page Two o 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 FAAPP~-~WP5 l~Fdli~g Wat~.-va~fio~O~inio~t of T'~I~- ,time 3, 1999.w~1 Douglas A. Wood 2021.276 OCT 2 6 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 Johil Abele, et ux c/o Schmitt 8 Patton Drive Loudonville, NY 12211 48 Jeannie Miltner 2415 Hidden Lake Drive, # 1 Naples, FL 34112 Agerbjer Panners 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:x~r'PS\WP51 L2021 kabutt Stephen J. Chelekis 2415 Hidden Lake Drive, #9 Naples, FL 34112 Carl and Elise Marion 2415 Hidden Lake Drive, # 10 Naples, FL 34112 OCT 2 6 1999 COLLIER TRANSPORTATION DEPARTMENT November 11, 1998 Douglas A. Wood, Esq. Siesky, Pilon & Wood i000 Tamiami Trail North, Suite 201 Naples, FL 34102 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (941) 774-8494 FAX (941) 774-5375 A CERTIFIED BLUE CHIP COMMUNITY 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, / // TErda~as 'ecs Director CCi 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) OCT 2 6 1999 COLLmR COUNTY GOVERNMENT pUBLIC WORKS DIVISION October 29, 1998 ~:-~-~ Mr. Douglas A. Wood Siesky, Pilon & Wood, P.A. The Fairway Building, Suite 201 --~. ~' 1000 Tamiami Trail North Naples, FL 34102 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (94 I) 732-2526 Re: Vacation of a Potion of an Easement - Falling 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 free to contact me. Sincerely, Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Paul Mattausch, Water Director Rick Grigg, Land Surveyor, Community Development OCT 2 6 1999 MEMORANDUM RECEIVED FEB 2 ~ 1999 DATE: TO: FROM: SUBJECT: February 23, 1999 V ma qq...~o Rick Grigg, Land Surveyor, Planning Services /'l .-~,..,/,, - Cindy'. ~ubli¢ 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 AGENDA ITEM ~o. OCT 2 6 1999 SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, EA. RICHARD S. ANNUNZIATA Mr. Tom Kuck, P. E. Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 October 26, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAM] TRAIL NORTH NAPLES, FLORIDA 34102 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 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 yo'.a 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, Collier County Engineering Review Services has no objection to the vacation of said easement. Signature __ _ ~ ~ ~/'~doz /,~/o ~vfi' ~ ~d~ Name and TiUe, ' ~/~/, ~ ~ ~LEPHONE: 941-2~282 FAO 1999 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 ATFORNEYS AT LAW October 26, 1998 RICHARD S. ANNUNZIATA SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Mr. Ron Nino Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 RE: i: ailing Waters Deveiopment - Falling Waters Boulevard - 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 th~ letter to my office at your earliest possible convenience. I have enclosed a return envelope for your convenienc~ 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 Collier County Planning Services has no objection to Date: [~' ZC~'~ TELEPHONE: 941-263-8282 Name and Title ~ v - ' FACSI~ AGENDA ITl 1999 JAMES A. PILON, P.A. Board Certified Real Estate Attorney · JAMES H. SmSKY, P.A. DOUGLAS A. WOOD, P.A. SIESKY, PILON & WOOD a partnership of professional associations ATrORNEYS 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 - Bdg 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, Douglas A. Wood DAW/cb enclosure TELEPHONE: 941-263-8282 Collier County Water Management ha~objection to the vacation of said easement. Name and Title JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, EA. DOUGLAS A. WOOD, P.A. RICHARD S. ANNUNZIATA SIESKY, PILON & WOOD a partnership of professional associations ATTORNEYS AT LAW / No'~ember 9, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Ms. Bridget Ladd Collier County Sheriff's Department 3301 E. Tamiami Trail Naples, FL 34112 RE: Vacation of Easement - Falling Waters Boulevard Dear Bridget: RECEIVED CCSO/LEGAL tf' Enclosed, please find a copy of Conceptual Drainage Plan for the Falling Waters PUD. This plan accurately reflects the existing development along with proposed future development in the back section. Although the plan shows Falling Waters Boulevard ending at future Santa Barbara Boulevard Extension, please be advised that the current PUD does not require Falling Waters Boulevard to connect to furore 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. _ j'- 5,,,,..-e 7 , Douglas A. Wood cb /J C~ 7//'~ enclosure TELEPHONE: 941-263~282 AGENDA IT E.:M No. /~J-7/ SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SrESKY, P.A. DOUGLAS A. WOOD, P.A. RICHARD S. ANNUNZIATA a partnership of professional associations "ATrORNEYS AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 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, Wood DAW/cb enclosure Sprint United Telephone-Florida has no objection to the vacation of said easement. Date: //r~//...._~- ~ Signature Name and Title TELEPHONE: 941-263-8282 FA( AC.-~k ITF..~ ,o, .Ar 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 October 26, 1998 SUITE 201, THE FAIRWAY BUILDING 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 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, Dougla~tA. Wood DAW/cb enclosure Florida Power & Light has no objection to the vacation of said easement. Date: ,Ij~./f2{f' . .~~~'~~ TELEPHONE: 941-263-8282 Signature' Name and Title AGENDA ITF..~ ' ' OCT 2 6 1999 FACSI 4[LE: 941-263-7611 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. RICHARD S. ANNUNZIATA 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 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: 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 nay 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. Stephen W. Hill~ Construction Name and Title FACSIMI[2 ,,,. [ 2 6 1999 : 941-263-7611 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. DOUGLAS A. WOOD, P.A. RICHARD S. ANNUNZIATA 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 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 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. 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, ood DAW/cb enclosure Water Crest, Inc. has no objection to the vac '~6T'~ ,~se,~j~ Date: ~V~ ~m3\'kt['~¥' · ---~ignature ( Name and Title TELEPHONE: 941-263-8282 AGENDA ITEM OCT 2 6 1999 JAMES 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 ^~rOP, NEYS ^T L^W V,'9 C SUITE 201, THE FAIRWAY BUILDING 1000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 October 26, 1998 RICHARD S. ANNUNZIATA 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: 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 d° not hesitate to contact me or my legal assistant, Susana Smith. DAW/cb enclosure Sincerely, Rosewood of Falling Waters, Inc. has no objection to the vacation of said easement. Date: TELEPHONE: 941-263-8282 bl,]hqm ~. LL,c'TI.t'~.~ N-a~e'anci Title ~0 [~'8~, ~e ~ FACSI OCT 2 6 L°99 8ILE: 941-263-7611 JAN-II-1999 16:01 FROM TO 77459~? P.001×001 SIESKY, PILON & WOOD JAMES A. pILON, P.A. Board Certified Real Fa;tam A~omey JAMES H. SIZSKY, E,~ DOUGLAS A. WOOD, P.~. a p~-t~end~ip o~ professional ATI'O~ AT LAW October 26, 1998 SUITE 201, THE FAIRWAY BL/I'LDING I000 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 Jasmine 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 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, Susans Smith. DAW/cb enclosure Jasmine Court, Inc. has no objection to the vacation of said ??_ ! emit. 'gn Name and Title TELEPHONE: 941-263-~282 PACSUvIILE; TOTAL SCT 2 6 1999 SIESKY, PILON & WOOD JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. 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 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. Sincerely, DAW/cb enclosure Falling Waters I, Inc. has no objection to the vacation of said easement. Date: TELEPHONE: 941-263-8282 Signature Nam~ ~.r~d T~lff ' - - / FACSII~ A~A IT~ 1999 JAMES A. PILON, P.A. Board Certified Real Estate Attorney JAMES H. S1ESKY, EA. 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 TAMIAM/TRAIL NORTH NAPLES, FLORIDA 34102 RICHARD S. ANNUNZIATA 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: 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 i* meets with your approval, please sign this letter of no objection to the vacation of said easement and return th~ 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. Date: /9//5/q ~i~ TELEPHONE: 941-263-8282 Name and ~e ~c_.~.~A ~5G~ - ,, 1999 FA( ~IMIL~:~94~ -2~-~6H SIESKY, PILON & WOOD JAMES A. PILON, EA. Board Certified Real Estate Attorney JAMES H. SIESKY, P.A. 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 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, ood DAW/cb enclosure Cascades of Falling Waters, Inc. has no objection to the vacation of said easement. TELEPHONE: 941-263-8282 FACSIMI A C.~2N~ A ITEM OCT ? 6 1999 E: 941-263-7611 1 i ! TRACT (~). I'IqACT D ~CTC FALLING NATERS II :T 2 6 1999 OCT 2~ ., -;:: -- STATEMENT OF GENERAls PUBLIC'BENEFIT The Falling Waters PUD,-as amended by Collier County' OrdNance' 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 ~eneral public since it cannot be acc¢'s~ed'by-ihe-Public and also dobs 'nOt SCr:v'e an5' pu~ose for the residents of Falhng 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. ' AGEN.Z~A