Agenda 11/09/1999 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
Tuesday, November 9,1999
9:00 a.m. .
NOTICE: ALL PERSONS WISIDNG 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
IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M.
1. INVOCATION - Minister Art Holt, Unity of Naples Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROV AL OF CONSENT AGENDA.
B. APPROV AL OF SUMMARY AGENDA.
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C. APPROVAL OF REGULAR AGENDA.
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November 9, 1999
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4. APPROVAL OF MINUTES
A. October 12, 1999 - Regular Meeting
B. October 14,1999 - Emergency Meeting
C. October 20,1999 - Special Meeting
5. PROCLAMATIONS AND SERVICE A WARDS
A. PROCLAMATIONS
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1) Proclamation proclaiming Tuesday, November 16, 1999 as Neapolitan
Civitan Day. To be accepted by Mr. Sydney Fishman, Past International
President, Civitan International; Mr. Ronald Estabrook, President,
Neapolitan Civitan Club; Mr. John Lawson, President Elect, Neapolitan
Civitan Club; and Ms. Corinne Hartfield, Founding Member, Neapolitan
Civitan Club
2) Proclamation proclaiming the Month of November as Collier County
Adoption Month. To be accepted by Ms. Theresa Iamurri, President,
Adoption Task Force of Southwest Florida
3) Proclamation proclaiming November 21-27,1999 as Farm-City Week. To be
accepted by Mrs. Liesa Priddy, Chairman, Farm-City Committee.
4) Proclamation designating November 20,1999 as Free Day, State Park
Recognition Day within Collier County and proclaiming November 1999 be
celebrated as Florida State Parks month, voted America's best. To be
accepted by Greg Toppin.
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November 9, 1999
B. SERVICE AWARDS
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COMMUNITY DEVELOPMEl'TT
Janet Go, Pollution Control
Sonia Grafton, Building Review
10 Years
10 Years
EMERGENCY SERVICES
Maureen Matthews, EMS
5 Years
PUBLIC SERVICES
Clair Oss, Library
10 Years
PUBLIC WORKS
Stephen Nagy, Wastewater
Marc Frazzano, Wastewater
Michael Farrell, Transportation
15 Years
10 Years
10 Years
C. PRESENTATIONS
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1) Recommendation to recognize John Augustyn, Plant Operator II, Water
Department, as Employee of the Month for November 1999.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request by Jeanine Novello representing the Exceptional Student
Education Office of Collier County Public Schools for a waiver of the
application fee for a Temporary Use Permit.
2) Street name revision for Landfill Road to White Lake Boulevard.
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November 9, 1999
3)
To present the Bayshore/Gateway Triangle Redevelopment Plan
prepared by Landers-Atkins Planners Inc. and to direct staff to begin
implementation of the plan.
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B. PUBLIC WORKS
1) Report on additional Landscaping Improvements for the recently
completed Davis Boulevard Phase II Beautification Project (Airport-
Pulling Road to County Barn Road), Project No. 60013.
C. PUBLIC SERVICES
1)
Review options relating to lease between Collier County and the Gulf
Coast Skimmers Water Ski Show, Inc. (GCS), including possible shared
use of Lake Avalon and other leased facilities by two factions within GCS,
suspension of Lessee's operations, or termination of the lease agreement.
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2) Approval of a personal grant from the Friends of the Library to institute
a formal literacy program within the Collier County Public Library
system.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1)
Adoption of Policies and Organizational Changes to enhance the
efficiency of future road projects.
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November 9, 1999
2) Request to enhance vacation time to promote longevity and employee
retention.
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F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
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10. BOARD OF COUNTY COMMISSIONERS
A. County Administrator's Evaluation.
B. Appointment of member to the Mfordable Housing Commission.
C. Appointment of members to the County Government Productivity Committee.
D. Discussion and possible direction regarding the Immokalee Road design and
water quality swale. (Commissioner Mac'Kie)
11. OTHER ITEMS
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November 9, 1999
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WlLL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1. Petition PUD 98-16(1) David R. Underhill, Jr., P.E., of Banks
Engineering, Inc., representing U.S. Home Corporation, requesting a
rezone from "PUD" to "PUD" known as Cedar Hammock PUD for the
purpose of amending the PUD document having the effect of revising the
roadway cross sections and applicable text of the PUD document to
substitute two, four foot wide bike lanes for 2l required five foot wide
sidewalk on one side of Cedar Hammock Boulevard, a local street and to
allow sidewalks required on both sides of a local street to be placed on
one side of Cedar Hammock Boulevard, for property located south of
Davis Boulevard and west of C.R. 951, in Section 3, Township 50 South,
Range 25 East, Collier County, Florida, consisting of 418+/-acres.
2. Petition PUD 99-12, Mr. Michael R. Fernandez of Planning Development,
Inc., representing Marian H. Gerace, Trustee, requesting a rezone from
"A" Agricultural to "PUD" Planned Unit Development to be known as
Banyan Woods PUD allowing for 342 dwelling units and conditional uses
for a church and/or assisted living facility (ALF) for property located on
the east side of Airport Pulling Road (C.R. 31) and south ofthe Carillon
PUD, in Section 13, Township 49 South, Range 25 East, Collier County,
Florida, Florida consisting of 48.87 acres more or less.
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November 9, 1999
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C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1. Petition CU-99-08, Emilio J. Robau, PE, of RW A, Inc., representing Jassy Real
Estate Investments, Inc., requesting conditional use "17" of the "A" zoning
district for a golf course in Section 24, Township 50 South, Range 27 East,
Collier County, Florida, consisting of 313.56+/- acres.
2. Petition CU 99-16, R. Bruce Anderson representing SR 846 Land Trust,
requesting the approval of a conditional use for an earth mining activity on a
parcel of land zoned "A" Agricultural located on the west side of Immokalee
Road approximately 1.5 miles north of the County fair grounds and further
described as Sections 1 and 2, Township 48 South, Range 27 East and Sections
35 and 36, Township 47 South, Range 27 East, Collier County Florida. This
parcel consists of approximately 2,564 acres.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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November 9, 1999
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-99-10, Terry Wolfson, President, Collier County Agricultural Fair
and Exposition, Inc., requesting a permit to conduct the annual Collier County
Agricultural Fair on January 7 through 15, 2000, at the Collier County Fair
Grounds located on Immokalee Road (SR-846) North Golden Gate.
B. PUBLIC WORKS
1) Approve Change Order related to the Reclaimed Water Back Pressure
Sustaining Valves Project, Contract 98-2874, Project 74020.
2) Approve a Budget Amendment to transfer funds to cover Construction
Management and Inspection in fiscal year 2000 for the Proposed Pathway on
U.S. 41. Project #61009.
3) Recommendation that the Board of County Commissioners approve the staff
selection of firms, authorize staff to negotiate Agreements with firms for the
Fixed Term Material Testing Services (RFP 99-2962) and extend the existing
Agreement (RFP 95-2388) for sixty days.
4) Approve Professional Services Agreement with Tilden Lobnitz Cooper, Inc.
and Anchor Engineering Consultants, Inc. for the Fixed Term
MechanicallElectrical Engineering Services (RFP #99-2929).
5) Approve Amendment to Work Order TLC-ME-98-2, to provide additional
Engineering Services for Master Pumping Stations Motor Control
.- Renovations, Project 73044.
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November 9, 1999
6) Accept a Utility Easement for irrigation facilities for the beautification of the
Immokalee Road median.
7) That the Board of County Commissioners (BCC) direct staff to initiate
Amendment of the County-Wide Lighting District Ordinance for the purpose
of providing street lighting in certain areas of Collier County.
8) Approval of a Budget Amendment in the Clam Bay Restoration Fund.
9) Approve Work Order Amendment #WMBP-FT-99-03-AOl for Fixed Term
Professional Engineering Services related to the Signalization Design of
Livingston Road (Radio Road to Golden Gate Parkway).
10) Approve Change Order No.1 (C) (Final) to Contract No. 97-2771, Removal of
Non-Specification Material from the Naples Beach.
11) Rejection of Bid 98-2851 for purchase of chemicals for Odor and Hydrogen
Sulfide Control.
12) Recommendation to execute the Notices of Claim of Lien for the enforcement
of the Notice To Pay Sewer Impact Fee for certain properties located in the
former Rookery Bay Sewer Service Area.
13) Approve an Agreement to purchase a Wind Based Odor Control System for
the Naples Landfill and authorize the Chairwoman to sign the Agreement.
C. PUBLIC SERVICES
1) This item has been deleted.
2) Approve an agreement for sale and purchase for additional property needed to
complete the future North Naples Regional Park.
3) Approval of additions to agreements and run-time Library use License
Agreement between Data Research Associates, Inc. and Collier County Board of
County Commissioners.
4) This item has been deleted.
5) Approve a budget amendment for the purchase of the Roberts Ranch property.
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November 9, 1999
6) Approve a budget amendment to fund construction of a neighborhood park.
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7) Approve a resolution establishing policies and procedures for indigent burials
and cremation and direct staff to negotiate an agreement with willing area
funeral homes.
D. SUPPORT SERVICES
1) Authorization of Work Order VL-OO-l Under the County's Annual
Architectural Contracts for Victor J. Latavish, AlA to Design a Satellite
Building at the Golden Gate Government Center Complex.
2) Approval of Robey-Barber Insurance Services, Inc. as the County's Group
Health Claims Administration Company.
3) Approve a Budget Amendment for Accessibility (ADA) Requirements for the
Fourth Floor of the Courthouse and to Provide a "High Technology
Courtroom" .
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report - Budget Amendment #00-023; #00-024; #00-038;
#00-037.
F. BOARD OF COUNTY COMMISSIONERS
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November 9, 1999
G. EMERGENCY SERVICES
H. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed
I. OTHER CONSTITUTIONAL OFFICERS
1) A Resolution authorizing the borrowing of an amount not to exceed $3,060,000
from the pooled commercial paper loan program to construct a Domestic Animal
Services facility.
J. COUNTY ATTORNEY
1) A Resolution authorizing as a valid public purpose, expenditures of funds for
County Commissioners to attend functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations / organizations.
2) To provide a legal defense for a county employee pursuant to Collier County
Resolution No. 95-632.
K. AIRPORT AUTHORITY
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
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November 9, 1999
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MFMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR
THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING
ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM.
A. Approval of an Ordinance amending Ordinance Number 99-46 (The Land
Development Code) to correct a scriveners error due to the omission of an
amendment to facilitate the administrative approval of preliminary subdivision
plats heard and approved at a Public Hearing on June 16, 1999.
B. Petition PUD 95-12(1), Mr. Robert Duane, AICP, of Hole, Montes & Associates,
Inc., representing the First Baptist Church of Naples, requesting an amendment to a
previously approved "PUD" namely the First Baptist Church of Naples PUD for the
purpose of increasing the maximum building height and to add a museum as an
accessory use for property located on the west side of Livingston Road and the east
end of Orange Blossom Drive in Section 1, Township 49 South, Range 25 East,
Collier County, Florida.
C. Petition CU 99-24, Jerry Neal of Purse Associates Inc., representing Capri Christian
Church, Inc. requesting approval of a conditional use for the expansion of an
existing church located at the corner Capri Boulevard and Hilo Drive on Isles of
Capri.
D. Petition V-99-17, Ana L. Aleman, representing Irais and Nancy Pando, requesting
an after-the-fact variance of 5 feet from the required side yard setback of 30 feet to
25 feet for property located at 4860 Sycamore Drive, further described as the east
half of Tract 120, Unit 34, Golden Gate Estates, Collier County, Florida.
E. Petition V 99-18, Jim Titsch, of Titsch & Associates Architects, representing
Freeland & Schuh, Inc., requesting a 10-foot front yard variance to 15 feet from the
required 25-foot front yard setback for property located at 1229 Airport-Pulling
Road, known as Freeland Nissan Automotive Dealership in Section 36, Township 49
South, Range 25 East, Collier County, Florida.
F. Petition V AC 99-13 to vacate a 10' wide drainage easement on Lot 5, according to
the plat of "Bayfront Gardens", as recorded in plat book 14, pages 114 through 117,
Public Records of Collier County, Florida and to accept a 10' wide drainage
easement as a replacement easement on said Lot 5, located in Section 6, Township
48 South, Range 25 East.
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November 9, 1999
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
AN EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING
ISSUES WILL BE HELD IMMEDIATELY FOLLOWING THE REGULAR
BOARD MEETING.
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November 9, 1999
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PROCLAMA TION
WHEREAS, the Neapolitan Civitan Qub was chartered in 1989, ten years ago; and,
WHEREAS, the Neapolitan Civitan Qub is part of an international organization with the
motto, "Builders of Good Citizenship"; and,
WHEREAS, the Neapolitan Civitan Qub is to be recognized as an Honor Qub of
Excellence; and,
WHEREAS, the Qub participates in a variety of programs and projects aimed at meeting
the needs of the community such as funding scholarships for summer youth,
fund-raisingfor public television, buiMing playgrounds for children and
scholarships for Step by Step,' anti,
WHEREAS, the Qub's emphasis is helping people with developmental disabilities locally
with 100 percent of its Candy Box Project proceeds going to help indilriduals
with developmental disabilities; and,
WHEREAS, Civitanfunds the Civitan International Research Center, a research and
treatment facility for individuals with .alSabilities located at the University of
Alabama at Birmingham;lIni!, ',>f.t: ) ~:;/
WHEREAS Civitan p,.'ovities direct support to t,,;ra'tai lirtfgr~nisDf Special Olympics and
to the programs of TECH of Come~ Count)', asiar!tJlits major emphasis;
an~ .i'i....... ......./t/'.;...... i\,//~....,;.{~*\~i~;jt<ii.>;
WHEREAS, thttNtUlpo1itan Cilritan C/~h ,~ilI cele'b,aie its 'tendtan"iV_" on November
thuixteeilth by awarding grants tolocllrorga"izatit!nswh(Jsupport and assist
;~dMduals with det'elopmentalllis~b;l;d~s. . ~.ij '~:::;~>>k:~
NOW THEREFlJim, oj't procr~r;ned ;"tT.~ Boa;~/; c~:~: com~l~ of comer
Cpunty, Florida, that Tuesday, the If/'. of NOl'ember1999 be designated as
.' .. ',( v\.\.J"i':;'
.. NEAPOL!TAN CIVlT AN DA Y./f\,:;/,,'::;{
::i/<:::~A'-:
DONE AND ORDE~D THIS9TJ(1j,ojNOlre~rbl;~~i~1:~{;ft;,'
:t';",,;,... '",,:,," \:_:~:::::::
if B{)A$ iJ'A(}/jriNiYCOMMlSSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MACKIE, CHAIRWOMAN
A 1TEST:
DWIGHT E. BROCK, CLERK
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AGENDA ITEM
No. .5A-1
NOV 09 1999
Pg. I
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PROCLAMA T/ON
WHEREAS, every child has the right to grow in a secure,lovingfamily and adoption is a
positive way to build a family; and,
WHEREAS, the Adoption Task Force of Southwest Florida, Inc. is a collaborative effort of
community agencies and individuals to create and increase awareness of
adoption; and,
WHEREAS, the Adoption Task Force of Southwest Florida,lnc. 's purpose is to provide
resources and education on ti,e various aspects of adoption and to promote
positive attitudes towards adoption,' and,
WHEREAS, adoption brings untold benefits to Collier County residents that are affected by
the adoption process. This includes benefits to birth parents, adoptive parents
and the children placed in adoptive homes as well as their extended families;
and,
WHEREAS, crisis pregnancy is a problem in Collier County and adoption is a positive
option that is not always considered due to a lack of awareness and education.
NOW THEREFORE, be it proclaimed by tT,e Board of County Commissioners of Collier
County, Florida, that the MOllth of NovemberJ999 be designated as
:'<,:. ., ;_'.. '.. i ::' ..' n,:..,,-,, .._;-~.~_.} i
COLLIER COUNTY ADOPTION MONTH .
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InhonoroftTlis even, we ell courage citizens, community agencies, religious
(Jrganizations, business, and otTlers to celebrate adoption and honor the
families that grow through adoption.
DONE AND ORDERED THIS 9th Day of November 1999.
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BOARD OF COUNTY COMMISSIONERS
COLLIER CouNTy,nORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
AGEN~A!.iM
No. L-
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NOY 09 1999
Pg.
I
PROCLAMA TION
WHEREAS, November 21-27;s National Farm-City Week, a time set aside to recognize
and lIOn or the contriblltions of our co I", try 's agriculturalists atld to
strengthen the bond betweenurba" and rural citizens; and,
WHEREAS, in Collier County the higllpoint of Farm-City Week is ti,e annual Farm-City
Barbecue, sponsored tllrouglr tire efforts of Collier County's University
Extension Service, Collier County Farm Bureau, tI,e Barron Collier
Compallies alld tI,e Golden Gate, Immokalee and Naples Area Clrambers of
Commerce; alld,
WHEREAS, agriculture is an important elemellt in Collier COllnty's ecollomic maclrine,
witlr total economic actil'ity of over $300,000,000.00 a",,,,ally; atld,
WHEREAS, Collier Cmlllty rallks 21" nationally Ollt of the IIation's 3,150 counties in total
value of crops sold; and,
WHEREAS, the Board of Collier Cou"ty Commissioners supports local agricultllre
tlrrough programs illdllding cooperation witlr tire University of Florida's
c,ooperative Extmsion Service;alld,
;0:'-.
WHEREAS, ..,eencourage all citizens to pause to recognize tire contributions of our local
farmers and rancllers to our eC(Jllomy, ollr food supply and our Socie(l'.
,
NOW THEREFORE, be it prodaimetl by tire Board of Co II "t)' Commissioners of Collier
County, Florida, tllat on belralf of ti,e citizellS of Collier COllnty, great
appreciation and /ronor;s owetl to all of tllis comIty's agriculturalists, and tllat
November 21-27,1999 be designated as
FARM-CITY WEEK
DONE AND ORDERED THIS 9tlr Day of November 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
l'AMELA S.l\1AC'KlE, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
N:~E~ ~TE"
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NOV 09 1999
Pg.
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE JOHN AUGUSTYN, PLANT OPERATOR II, WATER
DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR NOVEMBER 1999.
OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
County.
CONSIDERATIONS:
John has worked for Collier County for over 15 years. After working 10 years as a Chemist in
the Water Laboratory, John joined the Operations Section as an Operator Trainee at the North
Water Plant, where he has been an asset to the Operations Section ever since. John achieved
his "C" certification well within the specified fime limit, and has gone on to obtain his "B"
certification and soon will be taking his "A" certification in Water Treatment. John is responsible
for a number of assorted duties that go beyond his responsibility as Plant Operator which
include bi-weekly well field runs and additional water quality control.
Johns time with the County, along with his background in chemistry, operations, safety and the
fact he consistently goes above and beyond the call of duty helped him earn the title of
November's Employee of the Month.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the Department Budget Cost Center.
RECOMMENDATION: That John Augustyn, Plant Operator II, Water Department, be
recognized as the "Employee of the Month" for November 1999.
PREPARED BY:
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OATE:~
APPROVED BY:
'~.I~A 0 I11WlLoATE It +10
· Mithael A. McNees, Assistant County Administrator
Staff Liaison to the Employee Advisory Committee
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AGENDA ITEM
No. :::-1', i
NOV 09 1999.
I
Pg.
EXECUTIVE SUMMARY
REQUEST BY JEANINE NOVELLO REPRESENTING
THE EXCEPTIONAL STUDENT EDUCATION OFFICE
OF COLLIER COUNTY PUBLIC SCHOOLS FOR A
WAIVER OF THE APPLICATION FEE FOR A
TEMPORARY USE PERMIT.
OBJECTIVE:
For the Board of County Commissioners to make a determination to either waive or not
waive permit fees for a Temporary Use permit. The Petitioner requests a waiver of the
required $75 application fee for a Temporary Use Permit. 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 Temporary Use permit is $75. The Exceptional
Student Education Office of Collier County Public Schools requests the fee waiver
because the Temporary Use was a fund raiser for special needs teenagers at Barron
Collier High School.
FISCAL IMPACT:
The required application fee for a Temporary Use permit is $75. 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.
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AGENDA ITEM
No.~
NOV 0 9 1999
PI. /
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.
PREPARED BY:
EISCHL, SENIOR PLANNER
NT PLANNING
1~.~.93
DATE
(0< ;l.J.{rpf
DATE
R~ULHERE, AICP
PLANNING SERVICES DIRECTOR
rC) --< r-t1
DATE
~. VED :Y: /J
0f!!L /I( ~ l~ jrJ-( (~I
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
EXECUTIVE SUMMARyrrEMPORARY USE FEE WAIVER
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AGENDA ITEM
No.~) I
NOV 0 9 1999
2
PI. ~
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AGENDA ITEM
No..~) I
NOV 0 9 1999
.-
THE COWER COUNfY - '8
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10911 Tamiami Trail North · "aples. Fl3..-IOX. PhonclFax 9..-1-Sn-..-O..-o
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COlliER COUNTY
TEMPORARY USE PERMIT
SPECIAL EVENT
~90499
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o * Sign Only
o Temporary Seasonal Sales: ~~hristmas~; 0 FireWOrkS;.D PU1Pkins
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Event Dates:
Property Owner:
Name: :.....> H-1l')(<;.\:r:::""I\(,
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Phone: ~ '7), ~ 0'4 ()
AGENDA ITEM
No. ge) I
NOV 0 9 1999
Pi. ./
t)fficial Receipt - Cotlier County Board of County Commissioners
CDPR1103 - Official Receipt
'Trans Number ---=:=] Date I Post Date '-~-_.~TPayment Slip Nbr
' 15]56.?'~ ~__~-._- . _.iJ_QL! 2/1999 8: 11 :4~ ~M_~11~1.~~~___ J~~~08.93
. NAPLES FAN CO.
10911 TAMIAMI TR.N
Payor: JEANINE NOVELLO
Fee Information
; Fee Code I Des~!~.!i~~_ GL Account
11Y!:_US~.J SPECIAL ~'{~~TS TEMPORARY USE 11313890034394000000
Total
Amount Waived I
$75.00 I
$75.00
1
Payments
Total Paid
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Total Cash
Total Non-Cash
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temp. use #99-499
Cashier/location: TERILLA_J / 1
User: FRONT _DESI<
--
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
11
EXECUTIVE SUMMARY
STREET NAME REVISION FOR LANDFILL ROAD TO WHITE LAKE BOULEVARD.
OBJECTIVE:
To change the name of Landfill Road as directed by the Board of County Commissioners.
CONSIDERATIONS:
Ordinance 97-9 (i.e. Street Naming, etc.) provides for renaming streets that were originally named by
some legal instrument, typically a subdivision plat. Landfill Road is a name inherited by custom
usage, and is not the result of any legal instrument establishing the name. Given this set of
circumstances, a change can occur by administrative action. Staff has been in contact with staff of the
Economic Development Council of Collier County, Inc., who raised the concern in the first instance
that Landfill Road was not a name conducive to the economic development interests of White Lake
Industrial Park, the principal land area associated with Landfill Road. EDC staff recommended
renaming the street to White Lake Boulevard with which staff concurs.
FISCAL IMPACT:
If the County's Transportation Department is made responsible for erecting the street name SIgn
structure, a cost of approximately $100.00 will be borne by the County.
GROWTH MANAGEMENT IMPACT:
None.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners officially name the street customarily
referenced to as Landfill Road asWhite Lake Boulevard.
-
N:~END~Tt1J-) ~
NOV 0 9 1999
Pg.
/
,
REVIEWED BY:
~ MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
AP~. ~~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
White Lake Blvd/Ex SumlRFN/im
'-,
to- l~.q1
DATE
Jq- /(p -?.?
DATE
1(/;;'-r/cr7
DATE (
N~GEND~~)} ~
I~OV 0 9 1999
Pg.
c:Q
EXECUTIVE SUMMARY
TO PRESENT THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT
PLAN PREPARED BY LANDERS-A TKlNS PLANNERS INC. AND TO DIRECT
STAFF TO BEGIN IMPLEMENTATION OF THE PLAN.
OBJECTIVE: To have the Board of County Commissioners review the redevelopment
plan prepared by Landers-Atkins Planners, Inc. and direct staff to proceed with
implementation as recommended in the plan.
CONSIDERATIONS: In 1998, the Board of County Commissioners identified their
support for community planning in the Bayshore and Gateway Triangle areas by
authorizing the selection of a planning consulting team led by Landers-Atkins Planners,
Inc. to develop a redevelopment plan for the areas. The County's goals for the project
included the following:
1. A coordinated vision for the areas that can be achieved in incremental steps
2. Improvements to streetscapes, open space and infrastructure
3. Involvement of residents, property owners and business owners in the visioning
process
4. Improvement of the housing stock
5. Revitalization of the appearance of commercial areas
6. Development of appropriate funding and implementation strategies
7. Development of land use tools to facilitate improvements
As a basis to achieve these goals, a community-based vision for the Bayshore/Gateway
Triangle Redevelopment Plan was developed. Four community workshops were held and
a series of interviews were conducted with residents, business owners, property owners
and civic association representatives. As a result of these meetings, interviews, and
workshops, the Redevelopment Plan's recommendations for Land Use and an Urban
Design Framework to facilitate improvements in the area were developed.
The Bayshore/Gateway Triangle Redevelopment Plan also provides implementation
strategies to include the establishment of a Community Redevelopment Area as provided
for in Florida State statutes.
FISCAL IMP ACT: The recommendations identified below will have a fiscal impact
with regard to drainage improvements, road improvements and staff resources for a
Community Redevelopment Agency (CRA). The funding sources possible for these
items would be the general fund, Community Development Block Grant, Neighborhood
Revitalization grant and tax increment financing in conjunction with the CRA. One of
the key components of the Redevelopment Plan to be adopted by the CRA is the budget
to implement the Plan.
,'..,""""",,
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element
states that the Board of County Commissioners may consider redevelopment plans for
several areas including the Bayshore/Gateway Triangle area. This preliminary
AGENDA ITEM
No. e{1fJ g
NOV 0 9 1999
~
redevelopment plan and implementation would meet the policy ofthe Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners accepts the
Bayshore/Gateway Redevelopment Plan and authorizes Planning staff to coordinate with
other Departments to prepare a work plan and budget for implementation of the
following:
1. Prepare a Finding of Necessity Study as defined in Chapter 163.335 of the
Florida Statutes.
2. Prepare and adopt appropriate Ordinances.
3. Prepare and adopt Redevelopment Plan pursuant to Chapter 163.335, F.S.
4. Prepare and adopt Amendments to the Future Land Use Element.
5. Prepare and adopt zoning overlays.
6. Revise Gateway Triangle drainage plans to reflect improvements proposed in
the redevelopment plan and identify funding options.
7. Prepare a design plan for traffic calming on Linwood Avenue.
8. Design Gateway Features and Streetscape Plans.
9. Interconnection of streets within the Gateway Triangle to service the Flex
Warehouse/Office Space area.
10. Develop the Neighborhood Focus Initiative for the Bayshore and Shadow lawn
Neighborhoods.
11. Proceed with dredging Haldeman Creek and identify funding mechanism.
PREPARED BY, ~
~4: '.
ARBARA A. CACCHIONE, AICP
COMPREHENSIVE PLANNING MANAGER
/0 -;; 7--1'7
DATE
REVIEWED BY:
~ -
BOB MULHERE, AICP, DIRECTOR
PLANNING SERVICES DEPARTMENT
/6 ''''7.9.'
DATE
V A. AUT , P, MINI STRATOR
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
AGENOA ITEM
No. ~) ~
NOY 0 9 1999
Pi. ~
SA YSHORE AND
GA TEWA Y TRIANGLE
REDEVELOPMENT PLAN
October 15. 1999
Executive Summary
-(
PREPARED FOR:
COLLIER COUNTY
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PREPARED BY:
LANDERS-A TKINS PLANNERS, INC.
WITH
HAMMER-SILER-GEORGE-ASSOCIA TES
AND
WORKPLACE PARTNERS
AGENDA l.-c
No. f{A\ ~
NOV 0 9 199~
PI. .$
BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COLLIER COUNTY
I. Executive Summary
The Board of County Commissioners of Collier County determined that the Bayshore and Gateway
Triangle areas of the County merited public attention to determine means through which economic and
physical redevelopment could alter the negative image of the areas and generate conditions that are
commensurate with their very favorable location. The County selected a planning consulting team led by
Landers-Atkins Planners, Inc., including Hammer-Siler-George-Associates for economic market analysis
and Workplace Partners for a community visioning process.
The study area, located in the southeastem sector of the County, immediately east of downtown Naples,
is part of the larger East Naples Planning Community (Illustration 11I-1 - Project Location). The Gateway
Triangle is defined by three major arterial roadways - US-41/Tamiami Trail, SR84lOavis Boulevard and
CR-31/Airport Pulling Road - and received its "gateway" name from its relationship to these important
County and regional thoroughfares. The Triangle contains approximately 291 acres, 402 residential units,
and 900 residents. The Bayshore area lies immediately south of Tamiami Trail and focuses upon
Bayshore Drive, which extends north-south through the length of the neighborhood. Bayshore contains
approximately 1,448 acres, 4,335 dwelling units and 7,705 residents. The entire area is characterized by
a great variety of land uses, often with inappropriate proximity relationships, and the deterioration that is
common with older fringe areas. Widening projects on Tamiami Trail and Davis Boulevard have
eliminated the front yard setbacks of many of the abutting properties.
The study has been prepared in response to the following goals which the County had established:
. Definition of a coordinated vision for the area that can be achieved in incremental steps.
. Improvements to streetscapes, open space and infrastructure.
. Involvement of residents, property owners and business owners in the visioning process.
. Improvement of the housing stock.
. Revitalization of the appearance of the commercial areas.
. Development of appropriate funding and implementation strategies.
. Development of land use tools to facilitate improvements.
Study Proce..
This study has been undertaken through the use of an intensive community involvement process. Four
community workshops were held, in each of which over 100 residents, business owners, property owners
and non-profit group representatives participated. A series of interviews was conducted with several
residents, business owners, property owners and non-profit group representatives. Through these
processes, opinions as to the future vision of the area was developed and refined. Altemative
development strategies were presented and articulated through the process.
Need for Redevelopment
The analysis process finds clear support for the County's earlier determination that the area is in need of
improvement. While the study was not intended to provide a determination of substandard conditions as
defined by Florida law, it is clear that numerous factors will support such a definition: Inadequate
stormwater facilities; deteriorated structures; inappropriate land use relationships; inadequate sites to
accommodate their intensity of use; lack of sidewalks and street lighting; inappropriate traffic flow in
residential areas; fragmented land ownership; and general lack of property upkeep. Fortunately, there
are also several factors that will support redevelopment: A strong local economy; a desirable location;
excellent service by roadways; a major quality residential community - Windstar; a major proposed new
development - Sabal Bay (Hamilton Bay); and a highly motivated resident and business community.
AGENDA ITEM
No.lf4.i3
P~a~'d"f'1999
LA98096JREPORT I
Landers-Atkin
Pg. f-
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Coller County Commle8lon
Coller County Planning
Depertment
ILLUSTRATION 11I-1
Project Location -
Regional Context
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---
Pi. ,t"
BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COlliER COUNTY
Economic Analysis
The analysis of real estate market forces in Collier County and the Bayshore/Gateway Triangle study
area found that there is adequate market demand to support a successful redevelopment program and
recommends pursuit of a ten year program as outlined in five year increments in the following table:
TABLE 17. RECOMMENDED DEVELOPMENT PROGRAM, BAYSHOREI
GATEWAY TRIANGLE, 1998-2008
Retail
Multi-Family Housing
Motel
Office
WarehouselFlex
Square Feet
Units
Rooms
Square Feet
Square Feet
1998-2003 2003-2008 1998-2008
78,500 172,700 251,200
120 220 340
250 0 250
16,000 24,000 40,000
87,400 204,400 292,400
Building Use Measure
Source: Hammer, Siler, George Associates.
Redevelopment Plan
..-,
The overall redevelopment vision for the project area is defined in Section VIII, and represented by
Illustration VIII-1, Redevelopment Plan - land Use, and Illustration VIII-2, Redevelopment Plan -
Urban Design Framework. These plans provide the basic guidelines for redevelopment. The Land Use
Plan sets forth land use patterns that are responsive to the vision as expressed by the community
participation process, the existing conditions, and the defined market capacity. The Urban Design
Framework Plan is also responSive to the community Visioning process as well as the County's objectives
of promoting a livable community. Both plans are provided in this Summary for ease of reference.
Redevelopment Recommendations
The study recommends, in Section IX, that the County implements the Land Use and the Urban Design
Framework Plans by undertaking an intensive redevelopment program through the creation of:
1. A Community Redevelopment Agency and Area as enabled by Chapter 163 Florida Statutes, with the
Board of County Commissioners sitting as the Community Redevelopment Agency (CRA), to
implement intensive redevelopment activities; and
2. A Neighborhood Focus Initiative located in the Community Development and Environmental Services
Division to coordinate the direction of a variety of public and quasi-public services to enhance major
residential portions of the project area.
Community Redevelopment
The economic forecasts as presented above support a set of recommended strategies to reduce the risks
faced by private developers and lenders seeking to build projects. These strategies include:
Strategy 1.
Strategy 2.
Strategy 3.
Strategy 4.
Improve private investment climate.
Move ahead with catalyst projects.
Support aggressive promotion.
Phase program recommendations.
-
I..A98096IREPORT I
AGENOA ITEM
No. {( /1).3
'-3
, c8 1999
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ILLUSTRATION VII1-1
Reve/opment Plan
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BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COLLIER COUNTY
STRATEGY 1. IMPROVE PRIVAT~ INVESTMENT CUMATE
The overall business environment should be improved through the following types of actions, several of
which are recommended as specific improvements.
Rigorously enforce codes to require that buildings and grounds be maintained in a safe
and sanitary manner and pursue tax delinquency.
Create a community redevelopment area to set in motion a process to redevelop blighted
properties.
Acquire and upgrade buildings, which come into County ownership through tax
delinquency and condemnation.
Improve facades through one or more design themes consistent with zoning
requirements.
Make sure the real estate investment community is fully aware that businesses are
committed to creating and maintaining a sound investment climate.
Assist private developers assemble developable sites meeting or exceeding County
standards.
Make storm drainage improvements to reduce water damage.
Improve the streetscape of the major thoroughfares - Davis Boulevard, Airport Pulling
Road, Tamiami Trail and Bayshore Drive - utilizing the precedent being established
currently on Bayshore and the theme lighting being utilized on Tamiami Trail.
Deepen Haldeman Creek to increase its capacity for pleasure craft to Bayshore Drive.
Increase permitted densities of real estate development through Comprehensive Plan
and zoning amendments and zoning overlays to better reflect land values.
Increase police foot patrol presence to help reduce the perceived fear of crime.
Underground utilities to improve vehicular and pedestrian safety and to improve the
neighborhoods' appearance.
STRATEGY 2. MOVE AHEAD WITH CATALYST PROJECTS
The Tamiami Trail and Bayshore Drive corridors have a number of sites which would be competitive for
new investments as the economic development climate is improved and as available incentives are
mobilized. It is recommended that the redevelopment process commence with implementation of four
-catalyst" projects that have been defined to redevelop key properties that will in tum stimulate further
development on adjoining properties. These catalyst projects are:
1. Hotel and Restaurant: Redevelopment of the western apex on the Triangle should commence
with a hotel and restaurant. This project's high priority is bottomed on the need to reserve the
best site at an early date and to bring the project to market prior to development of competitive
projects located near the Bayshore/Gateway Triangle area. A hotel will provide jobs to nearby
neighborhood residents and to others. (See Illustrations IX-5, and IX-6 at the end of this
Summary.)
2. Flex OfficelVVarehouse: In order to further energize the redevelopment effort in the Triangle, a
first increment the Flex OfficeNVarehouse facilities immediately east of the HotellRestaurants
project should also be pursued as an early Catalyst Project. The high priority of this project
results in demolishing undesirable building uses, assembling developable sites, providing job-
generating land uses for neighborhood residents and others, and retaining and increasing the tax
base upon its implementation. (See Illustrations IX-5 and IX-7.)
3. Town Center: The third Catalyst Project that is recommended is the Town Center, encompassing
redevelopment Gulfgate Plaza, and construction of supporting parking to the west. The project
will result in the reprogramming of an older center that is experiencing a high degree of
vacancies. (See Illustrations IX-6, IX-9 and IX-10.) j
AGENDA ITEM
. No.~
LA98096IREPORT I unders-AtJcln I :/a~r'rfng.1999
L PI. lit
.-
SA YSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COLLIER COUNTY
4. Entertainment Center: The development of the Entertainment Center around the Bayshore Drive
Bridge over Haldeman Creek constitutes a community attractio' focused upon the creek and its
boating activities as an amenity. This project will follow proposed improvements to Haldeman
Creek and Bayshore Drive and will require some building demolition and site improvements. (See
Illustrations IX-8 and IX-11.)
An initial analysis of the costs and anticipated returns from the catalyst projects provides an indication of
the level of public funding that may be required to initiate these specific activities.
TABLE 20. CATALYST PROJECT LAND VALUES, BA YSHORElGA TEWA Y
TRIANGLE, 1999
Development Hotel and Flex OffIcel Town Entertainment
Factor Restaurant Warehouse Center Center
Total Acres 8.4 6.4 28.5 9.0
Net Acres 6.3 5.4 21.4 7.7
Sales Price Per Acre $435,600 $304,900 $435,600 $217,800
Sales Proceeds $2,744,300 $1,646,500 $9,321,800 $1,677,100
Site Improvement
Costs $2,895,200 $7,275,200 $2,186,800 $166,300
Marketing 84,000 64,000 285,000 90,000
General
Administration 260,000 260,000 260,000 260,000
Taxes 332,600 146,000 438,500 180,000
Contingency 173,700 436,500 131,200 110,100
Interest 8,816,800 15,404,600 16,113,800 3,078,900
Developer Project 411.600 247.000 1.398.300 251.600
Total Estimated
Development Costs $12,800,200 $23,833,300 $20,813,600 $4,136,900
Value Remaining
For Land -$10,055,900 -$22,186,800 -$11,491,800 -$2,459,800
Deficit Per Acre $1,596,200 $4,108,700 $537,000 $319,500
Note: Data in 1999 dollars.
Sources: Landers-Atkins Planners and Hammer, Siler, George Associates.
STRATEGY 3. PROMOTION
LA98096IREPORT I
To overcome some aspects of East Naples' image, promotion initiatives will be required. Components of
this strategy include:
Continued promotion by the Chamber of Commerce of its members doing business in the
BayshoreJGateway Triangle area.
Generation of publicity by the Economic Development Council of Collier County upon the
expansion or opening of an area business.
Chamber, County, and Council co-sponsorship of one or more ethnic festivals annually in
the area.
Multi-media joint advertising of retail and professional services businesses located in the
area.
Produce and distribute to target households a .Shop Bayshore/Gateway TriangleW card
providing discounts at participating businesses whose names are printed h back of
the card. AGENDA ITOIl
No. ~)3
Landers-Atkin Pla'm1~' ~~. 1999
Pg. //
SA YSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COlliER COUNTY
Produce specialized marketing products to target nearby local government employees,
students, and senior citizens to alert thell. ~o the area's goods and services likely to be of
special interest to them.
There is a need to host promotional activities both indoors, when encouraged to do so by the weather,
and outdoors.
Strateav 4. Recommended Phasina
The opportunities and constraints of the private market and financial and staff capacities of existing and
proposed public agencies and special purpose authorities suggest the following phasing of program
recommendations:
A. Continuing priority
Strategy 1: Improve the private investment climate.
B. Begin when County commitment is in place (one to three years)
Strategy 2: Move ahead with catalyst projects.
Strategy 3: Support aggressive promotion.
C. Begin after Phase B priority projects are underway (two to eight years)
Strategy 2: Implement the remainder of the recommended development
Program following the catalyst projects.
Strategy 1: Continue improving the private investment climate.
Within the first three years demolition of obsolete buildings should be undertaken, following code
enforcement. to improve the built environment and clear sites for warehousing/flex buildings and a motel.
These projects will also generate employment opportunities for neighborhood residents and others.
During the three-to fIVe-year period, the recommended multi-family housing initiative should be
undertaken, taking advantage of cleared sites and responding to market demand for dwelling units. From
three- to 10-years out, the retail demand will develop, including replacement and rehabilitation of the least
competitive existing retail locations. The office space market will occur after job and population growth of
East Naples gains momentum in year three. Over time these priorities may change in response to the
availability of resources and publiC policy commitments.
Neighborhood Focus Initiative
As discussed in Sections III and VI, the Shadowlawn and Bayshore Drive neighborhoods, while beset by
several problems, exhibit several strong neighborhood characteristics that should be strengthened. While
the specific redevelopment activities will generate benefits for these neighborhoods, further action is also
recommended. The County has already made efforts to coordinate some services aimed at improvement
of the Shadowlawn area. It is recommended that the BCe fonnalize this process and expand it through
the designation of the two areas as Focus Initiative Neighborhoods and by establishing a Neighborhood
Focus Initiative Team (NFl) made up of representatives of all County departments that provide human
and physical services that may affect the quality of life in the neighborhoods. It is also recommended that
other independent agencies (such as the Collier County School Board) and private organizations (such as
the neighborhood churches) be extended an invitation to participate in the Team efforts. The program
could be modeled on Jacksonville's Intensive Care Neighborhoods program and Palm Beach County's
Target Area program. Collier County actually has some beginnings of such a program with the
assignment of Planning Staff to each of the sub-areas and the initiation of a code enforcement reporting
activity. These would be expanded upon by creating a Focus team of County agency representatives that
would meet regularly for the coordinated targeting of County efforts in the neighborhoods. Potential areas
of action include:
.
Support of Neighborhood Organizations for planning and action on a variety of fronts such as
community policing, clean-up activities, informational workshops, home ownership programs,
finance and employment counseling, etc. AGENDA ITEM
No.f/~
unders-Atklns P nnm~cn 9 1991
lA98096IREPORT I
Pl. /,,2
BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COLLIER COUNTY
· Code Enforcement: Vacant property cleanup, removal of abandoned automobiles, building code,
zoning codes, parking, etc.
. Home improvement loan programs.
. Infrastructure improvements: Drainage, utilities, sidewalks, street paving and repairs, street
lighting, etc.
. Neighborhood School programs and activities.
. Community development corporation.
. Acquisition of vacant and dilapidated sites, and of tax delinquent properties.
. Home-builder/developer orientation programs.
These activities would include the utilization of normal County programs and the other implementation
programs suggested herein.
Redevelopment Organizational Structure
In Section IX, the study also recommends a Redevelopment Organizational Structure which provides a
framework for managing the activities and relationships of the several entities that should be involved in
an overall County Community Planning and Redevelopment program (see Illustration IX-4, repeated on
the following page). The Board of County Commissioners (BCC) will clearly have overall policy
responsibility, including designation of itself as the Community Redevelopment Agency. It is
recommended that staffing for the program be situated in the Planning Services Department of the
Community Development and Environmental Services Division. Community Redevelopment and the
Neighborhood Focus Initiative (NFl) represent the two arms of the program. The BCC sitting as the CRA
would retain a Staff Director with redevelopment and economic development experience and other staff
as required to execute the redevelopment program. To provide policy advice and community response,
the Commission would appoint three Policy Advisory Boards. A Bayshore/Gateway Triangle CRA
Advisory Board would assist the CRA Board and staff in the establishment of policy and the execution of
all redevelopment activities. A Neighborhood Advisory Board would be appointed for each neighborhood
- Shadowlawn and Bayshore.
The Community Redevelopment arm of the Community Planning and Redevelopment Section would
manage and coordinate all normal redevelopment functions. There are several CRA's in the State that
can be viewed as models for redevelopment activities.
The Neighborhood Focus Initiative arm of the program would coordinate the efforts of County Agencies,
Other Public Agencies and Private Neighborhood Institutions as needed to focus on the particular needs
and opportunities of each neighborhood. The NFl arm would establish (with BCC approval) and work
closely with a task force of County agencies that provide services that can affect the community, and add
others if and as the program expands. Both Palm Beach County and Jacksonville operate neighborhood
focus programs.
The creation of a CRA is paralleled by the recommendation that the County utilize Tax Increment
Financing (TIF), as also permitted by Chapter 163 Florida Statutes, as a major funding tool to be used in
concert with general revenues, Municipal Service Taxing Units (MSTU), Municipal Service Benefit Units
(MSBS), and other sources, to fund the redevelopment activities.
These plans and recommendations are supported by the analytical sections of the report. Section II
reviews the public participation process. Section III presents an analysis of the physical conditions of the
study area. Section IV contains an extensive market analysis. In Section V the visioning process is
summarized. Section VI presents an analysis of the assets and opportunities. Finally, Section VII
contains an analysis of viable plan alternatives for the land use plan.
LA98096IREPORT I
AGENDA .A'
No. ((IJ 1 ?
1-
Landers-Atkins PI. n.~(!N. 0 9 199!
Pg. L1
.
BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN
COLLIER COUNTY
Illustration IX-4
Redevelopment Organizational Structure
COLLIER COUNTY
Board of County Commissioners
(Community Redevelopment Agency)
Community Development
and Environmental Services
Division
Bayshore/Gateway Neighborhood
CRA Advisory Advisory Boards
Board - Shadow/awn
. Bayshore
Planning Services
Department
I
Community
Planning &
Redevelopment
Section
I I
Community Neighborhood ~.,
Redevelopm ent Focus Initiative I
I
I
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County Agencies~-------I
I
I
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Other Public -II
-------
Agencies I
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I
------_.&
N~~E~t~M .3
--
Private
Neighborhood
Institutions
NOV 0 9 1999
P.
IX-1
Landers.Atkins Planners, Inc.
LA98096/REPORT IX
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AGENOAIL
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PI. ..23
BAYSHDRE / SA7FWAY TRIANGLE
PROPOSED COMMUNITY REDEVELOPMENT STUDY AREA
D D~~m~
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SCALE
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PfII:EPMED BY: QRAPHtCS NIl:) tEQtrftCAL SUPPORT SEC'nON
CQlrAllIIl'TY ~T AJC) DlwtC)NWENTAL SEINlCES DlVtSION
DAlE: 10/11 f'LE:: CATElA.'m.DWC
lIiOllASSON DRIVE
N~~E1r~'~
NOV 0 9 1999
Pg.
Memorandum
Date:
Board of County Commissioners
Robert F. Fernandez, County Admlnlstrator~
November 3, 1999
To:
From:
Subject:
Add-on Agenda Item for November 9,1999. Proposed Legislation for
Administration of Telecommunications Flat Tax at State Level
Staff has just learned of legislation being quietly proposed by the telecommunications industry
that has the potential of negatively impacting municipalities and counties in the state. Few
details are known of the proposed legislation other than the information contained in the attached
correspondence obtained from Orange County staff and the shell of Senate Bill 218.
The proposed legislation seeks to combine State Sales Tax, State Gross Receipts Tax, Local
Option Sales Tax, and Local Franchise Fees on telephone and cable entities by administering a
"Telecommunications Flat Tax" at state level.
Staff plans to brief the Board on this issue during the Board's November 9, 1999 regular
meeting.
au~:
N~~E~M.fj
...H \.l';' 1999
Office of the County Administrator
Pg.
Florida Senate - 2000
By the committee on Regulated Industries
SB 218
315-257-00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
A bill to be entitled
An act relating to telecommunications;
providing legislative intent relating to laws
and regulations governing local
telecommunications services; providing
legislative intent relating to the taxation of
telecommunications services; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. It is the intent of the Legislature that
laws and regulations relating to competition among providers
of local telecommunications services, access charges for
long-distance companies' use of local telecommunications
networks, and the universal availability of local
telecommunications services should promote competition, treat
all telecommunications services providers fairly, and serve
the best interests of the public.
Section 2. It is the intent of the Legislature that
laws and regulations relating to the taxation of
telecommunications services should be fair to all service
providers, encourage competition, and speed the development of
advanced technologies.
Section 3. This act shall take effect upon becoming a
law.
*****************************************
SENATE SUMMARY
Expresses legislative intent relating to the regulation
and taxation of telecommunications services.
1
CODING:Words stxicken are deletions; words underlined are additions.
le/28/1999 15:48
407-835-5754
ORANGE COUNTY AUDIT
PAGE 83
'.
AUI-la-;a 03:34D~ Fro.-NA8ORS CIBLIN , N'CKERSON.P A
ISOZZ.'OU
T-II' P,Dl/OS F-SSO
SIMPLIFIED TELECOMMUNICATIONS TAX PROPOSAL
Florida's multi-layered taxatjon of the various components of telecommunications
services brings to mind a wireless telephone conversation where the airwaves are
crossed-what you hear is a mishmash of voices. all trying to spealt at once. Instead of
communication. there is noisy confusion. The telecommunication industry's desire to
simplify taxes--making them easier to administer and understand-will have dramatic
effeets on State and on local governments.
THE CURRENT CRAZY QUIL T OF TAXES
ON TeL ECOMMUNICA TIONS SERVICES
The industry proposes to replace the six eXi$ting state and local taxes it collects with
a singlo tax collected uniformly statewide. Currently, the state and local governments in
Florida impose six different types of taxes and fees on telecommunications services:
. The State Sales Tax which makes up the bulk of the State general revenue fund
and provides revenue sharing for municipalities and counties through the half-cent
sales tax program. The State Sales Tax is imposed statewide and collected by the
Florida Department of Revenue.
. The State Gross Receipts Tax which is pledged to bonds to fund public school
construetion. It is imposed statewide and collected by the Florida Department of
Revenue.
. The local Option Sales Tax which may be levied in various forms by school boards
and counties and which may be shared with municipalities. This ta't is optional and.
if imposed. Is collected by the Florida Department of Revenue.
. The Public Service Tax which municipalities and charter counties may levy. This
ta't is collected by the local governments which Impose It.
. Franchise Fees On Telephone Companies which may be levied by municipalities
and charter counties. An argument can also be made that non-dlarter counties
may also Impose a franchise fee. Franchise fees are collected locally.
. Cable Television Franchise Fees which may be levied by municipalities and
counties. regardless of whether the county is a charter county or not. Franchise
fees are collected locally.
NMORS. GIBUN Co NICKERSON. Pol.. ;)15 $. CALHOUN ST" SUITE lOG TALLAHASSEE. FL 3~S01 CllOt 224-4070
1
,16/28/1999 15:~8
467-836-5754
ORANGE COUNTY AUDIT
PAGE 04
AUI~la-~g OJ.J4p. From-NABORS CtSllM l NICkERSON.P A
1502U40Tl
T-114 P 03/0~ F-SSO
THE TELECOMMUNICA TION INDUSTRY'S PROBLEMS WITH CURRENT TAXES
Administering these six separate taxes has presented compliance problems for the
industry. Each of these taxes has a different tax base-that is, they each apply to different
services and offer different exemptions. The State Sales Tax, for example. applies to
commercial telephone service. but not residential service. The State Gross Receipts Tax
applies to both. Consequently. a determination of whether a new service Is subject to a
particutar tax, and if so. at what rate presents problems and expense for the industry In
determining whether something is taxable.
Additionally, the industry has found that customers do not understand their bills with
the numerous line items for the myriad or taxes and fees. It is almost impossible for a tax
lawyer, with knowledge of what is taxable under each source and the applicable rate, to
calculate the taxes owed on a given bill. Compounding the confusion caused by the
appearance of state and local taxes are the federal taxes and fees. The industry would like
to reduce the number of taxes so their customers can better understiJnd the bills.
Another industry problem concerns the determination of the talC situs for the
provision of a telecommunication service. Of the six taxes and fees imposed on the
industry, only the State Sales Tax and the State Gross Receipts tax are levied on a
statewide basis. In contrast. the Public Service Tax. which applies to certain utility services
and to certain telecommunications services, is levied by some. but not aU municipalities
and some. but not all charter eountJes. Non-eharter counties have no authority to levy the
Public Service Tax. Similarly, the local option sales tax is leVied in some counties and not
in others.
It can be difficult to determine whether a service originated in a taxing jurisdiction.
Consequently. the Industry experiences difficulty and expense in determining the rate of
taxation to apply to a given transaction, because it is difficult to determine whether the
transaction took place in a jurisdiction that taxes the event. The indUStry believes that if
taxation were the same statewide. it would save money on tracking the location of
transactions to determine the tax situs and the jurisdiction entitled to the tax revenues.
A singte statewide tax would also reduce the cost and number of audits. Some
industry offtcials report more than 150 audits in a single year are conducted by Florida
munidpalities. A reduction in the number of audits to one-the Department of Revenue-wiU
save the industry millions of dollars in administration costs.
NABORS. GlBUN & NICKERSON. P.A. 31$ S. CALHOUN ST., sum: 100 TA\.LAHAS5E;;E. FL 32301 (NO) n4-40TV
2
10/28/1999 15:48
4137-836-5754
ORANGE COUNTY AUDIT
PAGE 05
Au.-lD-Ii D3:J5~ FIOI-NABORS CISLIN & NICKERSON,P A
150zzuon
T-l1~ P O~/D5 F.5S0
EFFECT ON STA TE AND LOCAL GOVERNMENTS
Several policy issues arise in determining whether local governments should support
the industry's proposal to eliminate the six state ~nd local taxes on the telecommunications
industry in Florida in favor of a single. simplified tax collected by the State uniformly
throughout Florida.
One issue is determining the basis for apportioning the revenue among the state
and local governments. Some local governments levy each of the local option tilxes listed
above. some levy none of the local option taxes, and some levy some of them. But a
single, simplified tax means that residents and businesses in every part of Florida will pay
a single tax rate. How should the revenues from the taxes be divided among the klcal
governments? Should every local government receive an amount that assumes they have
levied the highest lellel of taxation even in circumstances where the local government Is
not currently authorized to levy the tax? What about growth factors - should the
distribution scheme make special provi5ions for growth in usage? If so. how will usage be
determined give the industry goal to eliminate establishing the situs of a service?
Another issue presented is how to protect the bondholders of debt issued by the
State and local governments and backed in part or full by telecommunication taxes. The
State has pledged the State Gross Receipts Tax to the retirement of debt issued for the
construction of public schools. The Local Option Sates Tax and the Public Service Tax
have also been pledged to the repayment of debt for the purpose of building infrastructure
or purchasing environmentatlv sensitive land. Both the United States Constitution and the
Florida Constitution prohibit governments from impairing contracts. which indude c:;ontracts
betweeo bondholders and the local governments who issue debt. Consequently,
bondholders have a right to receive the revenue generated by the various taxes on
telecommunications services. How can this right be protected when the six current taxes
are collapsed into a single tax collected on a statewide basis and redistributed to local
governments?
Local governments currently collecting telecommunications taxes and fees ~t the
local level may also fear a loss of control. Replacing local taxes with a statewide tax will
mean that there will be a reduction in local tax administration. Some local governments
will need fewer employees. since an important tax administration function wm be taken over
by the State. A transfer of tax collection to the State will also mean local governments can
no longer use audits to assure they get the taxes owed. These are the fears of some local
governments evaluating the prospect of a single, simplified telecommunications tax.
STA TUS OF THE SIMPLIFIED TAX PROPOSAL
The industry appears somewhat unifsed in its desire to simplify its taxes through a
single statewide tax adopted during the 2000 Legislative Session. It has been seeking a
NABORS, GIBLIN & NIC1tERSON. P.A. 315 S. CAUfOUN ST.. SUITE 8CI0 TALlAHASSEE. Fl.. 32)01 ('1012%Ao4OYQ
3
. 16/28/1999 15:48
467-835-5754
ORANGE COUNTY AUDIT
PAGE 06
Au.-IO-" 03:35~ Fro.-NA80RS CIBLlft l NICkE~SOH.'.A.
150ZU40n
7-11' P.OS/OS F-550
simpUfted tax system since February 1997. When the Florida Telecommunications Taxation
Task Force appointed by then-Governor Lawton Chiles recommended such a proposal.
Recently. representatives from all the major land line companies, long distance companies.
cable television. wireless services. and others have been meeting with representatives of
the Ftorida League of Cities and Florida Association of Counties to discuss the form of
such a tax.
None of the focal government members have endorsed the idea. so the meetings
have bean preliminary discussions focused on defining a tax base, addressing the knotty
problem of distribution of revenue among local governments, and protecting bondholders.
As the concepts are firmed up, local governments wil1 be called upon to evaluate the
proposal and decide whether to support it, change It or reject It outright.
Sarah M. Bleakley
August 10, 1999
~"A.......~ ~... ...-.-.-.0
NA8ORS. G'.UN" "ICI<ERSON. P.A. )11 S. CAlHOUN ST.. SUITE 100 TAu.AHASsee. Fl '2300' (060) ~o,o
4
EXECUTIVE SUMMARY
REPORT ON ADDITIONAL LANDSCAPING IMPROVEMENTS FOR THE
RECENTLY COMPLETED DAVIS BOULEVARD PHASE II BEAUTIFICATION
PROJECT (AIRPORT -PULLING ROAD TO COUNTY BARN ROAD), PROJECT NO.
60013.
OBJECTIVE: Board consideration for staff to install additional landscaping and irrigation
improvements along the easterly segment ofthe Davis Boulevard Phase II beautification project.
CONSIDERATIONS: The Davis Boulevard Phase II landscape project is substantially
complete. On 26 October 1999 under Agenda Item No. 7(A), public member Mr. Scott Bonham
spoke before the Board and expressed community concerns on aesthetics and safety of
landscaping accomplished along the easterly segment of the project. The Board directed staff to
present a follow up report on this matter.
--
The safety concern enunciated by Mr. Bonham relates to sight distance, and is located at the u-
turnaround lane just east of the Hess Service Station. This safety concern was fully resolved by
staff on October 29, 1999. Prior to receiving any public complaints at this location, staff directed
the contractor to install Buttonwood shrubs to the south of the original design position to create a
wider sight distance window. Subsequently, upon receiving public complaints staff conducted
several inspections and field measurements, and determined that the sight distance met all FDOT
design criteria. However, to account for the difference in perception of motorists resulting in not
stopping at the same relative position at the designated stop bar, staff decided to remove all
obstructing shrubs.
During the past six weeks, the Public Works Engineering Department (PWED) project
management staff has received approximately one dozen phone calls from citizens that reside
along the corridor east of Kings Way. These public inquiries all relate to apparent
inconsistencies in landscape character and aesthetics east and west of Kings Way.
The specifics of these public inquiries are provided below along with background design
information, several responding options, and staff recommendation.
The one dozen phone calls received by PWED were from residents of the Moon Lake, Crown
Pointe, Whittenburg Villas, and Glen Eagle communities. It is noted that our Transportation
Department, FDOT, and the project consultant also received separate phone calls. These
residential communities border Davis Boulevard and are all located east of Kings Way (i.e.,
Foxfire Subdivision). As a single voice, these telephone calls express public disappointment on
two components of the landscape improvements:
(A) Aesthetic value of landscaping between Kings Way and the County Barn Road area is
r- substantially less than the ornamental trees and accent plantings installed west of Kings Way.
The residents consistently mentioned a desire to have Palm Trees installed. The residents appear
to have a perception that the west half of the landscape project is aesthetically superior to the
NO. AG~~e )(1)_
NO V (J 9 1999
PG. I
Executive Summary
Page 2---Davis Boulevard Landscaping
easterly segment. The east part of the project (approximately 3,000 feet) primarily consists of
Oak Trees and Pine Trees with minimal accent plantings. A perception of unequal landscape
quality, value, and treatment exists.
(B) The 700-foot Davis Boulevard median segment west of the County Barn Road intersection,
which is completely devoid of landscaping, should be planted as part of the current project. It is
important to note that this segment was not included in the Davis Boulevard Phase II project for
several reasons. The first is that funds were not available to support a project extending to
County Barn Road and staff had to negotiate the final contract amount to match the available
project funds. A second reason is that the character of the roadway changed from a raised curb
urban section to a rural section. A rural section would not allow landscaping trees or palms to be
planted in the median without first installing raised curbs. Another reason was that extension of
the project to County Barn Road would have prompted the need to effect symmetry by
landscaping a similar 700 foot length to the east of County Barn Road. This would also require
reconstruction of the roadway and the associated cost would not have been subject to grant
reimbursement.
......--
Landscape Architecture designs as applied along the entire Phase II project (2.2 miles) was based
upon two principal concepts that are set forth in the Streetscape Master Plan. The first concept
broadly states that roadways pass through regions that vary in character, and hence should reflect
immediate surroundings. For example, an area with minimal urban density and development,
although within the urban boundary, would be considered rural and median plantings would
reflect the native flora in the area. The converse is true where higher density exist reflecting an
urban environment. In this case, special accent and/or ornamental plants not existing in the
general area are employed. On a detailed level, the second concept employs the use of
Streetscape zones against a background of existing land development, land zoning, and the
County Comprehensive Plan. Along Davis Boulevard, the Streetscape zones include Activity
Center Zones, Urban Residential Zones, and Residential Zones. A structured or ornamental
design methodology is typically applied in Activity Center Zones such as at the Airport-Pulling
Road area, and then graduates to a soft and natural landscape theme at suburban and rural areas
along Davis Boulevard such as east of the Moon Lake subdivision.
If we were to try to meet the community's aesthetic expectation as stated in paragraph (A) above,
the preliminary scope and cost of additional landscaping would be:
",--
NO. AGk(iJ )1U-
NOV 0 9 1999
;).
PG.
Executive Summary
Page 3---Davis Boulevard Landscaping
Option 1 (Additional Landscaping Within Original Project Limits):
. 18 Royal Palms; 51 Sabal Palms; mulch; accent ground cover plants, and miscellaneous
irrigation modifications.
. Removal of approximately 21 Buttonwood shrubs and 3,400 SF of sod.
. $25,000 for additional landscaping east of Moon Lake area (approximately 3,000 LF).
. Project would still stop 700 feet short of County Barn Road.
If we were to try to meet the community's expectations to expand the project limits stated in
paragraph (B) above, the preliminary scope and cost of additional landscaping in Option 2 below
could be combined with Option 1 to yield a total improvement to County Barn Road.
Option 2 (Extend Original Project Limits To County Barn Road):
. Fill embankment; drainage structure modifications; 8 Live Oaks; 11 Royal Palms; 12 Cassia
Trees; 1,750 ground cover plants, 11,000 SF sod; mulch; 900 LF concrete curb and gutter;
irrigation system; topsoil; and miscellaneous work.
. $58,000 for expanded landscaping 700 (+ ~ LF to the County Barn Road intersection.
. Project limit would extend to the western boundary of the County Barn Road intersection.
. The total probable construction cost to make both of these improvements would be
approximately $83.000.
--
In summary, there are several basic options for addressing the public concerns:
1. Adopt only additional landscaping ($25,000).
2. Adopt additional and expanded landscaping ($83,000).
3. Continue to educate interested parties on the design concept utilized and approved for this
project. This should include the fact that a third phase project from a point 700 feet west of
County Barn Road to a point east of Santa Barbara is planned for construction in FY2003.
No additional landscaping proposed at this time.
Staffs recommendation is to complete the project in accordance with its original design as stated
in option 3 above.
,-
FISCAL IMPACT: Based on staffs recommendation, there is no fiscal impact.
However, should the Board decide to proceed with additional median landscaping described
NO. AG~Y._ 810-
NOV 0 9 1999
.3
PG.
. ,
Executive Summary
Page 4---Davis Boulevard Landscaping
under options 1 or 2 above, staff is hereby authorized to effect a construction change order and
Budget Amendment commensurate with the selected scope and cost of work. This Budget
Amendment would be needed to transfer the appropriate fund amount from Road Construction
Gas Tax Reserves into the project budget. Funding source is Road Construction Gas Tax, Fund
313.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staffs recommendation is to complete the project in accordance with
its original design as stated in option J above.
SUBMITTED BY:
Vladimir A. Ryziw, P.E., B
Public Works Engineerin
oject Manager III
epartment
Date: /1 /~/c;?
/ '
,-
REVIEWED BY:
:7/1 '
Date
///3/99
effBibby, P.E., Director
Public Works Engineering Department
APPROVEDBY~~.
Ed I1schner, Administrator, Public Works Division
Date II h./tt?
/ /
.-
NO. AG~U( eJll)-
NOV 0 9 1999
PG. tf
EXECUTIVE SUMMARY
REVIEW OPTIONS RELATING TO LEASE BETWEEN COLLIER COUNTY AND THE
GULF COAST SKIMMERS WATER SKI SHOW, INC. (GCS), INCLUDING POSSIBLE
SHARED USE OF LAKE AVALON AND OTHER LEASED FACILITIES BY TWO
FACTIONS WITHIN GCS, SUSPENSION OF LESSEE'S OPERATIONS, OR
TERMINATION OF THE LEASE AGREEMENT
OBJECTIVE: That the Board consider what, if any actions will be taken in response to
events relating to the Gulf Coast Skimmers Water Ski Show, Inc.
CONSIDERATIONS: Circuit Court Judge Hayes will issue a Court Order with regard to
sharing use of Lake Avalon between two factions within GCS. That Order had not been
issued by the time required for this Executive Summary to be forwarded for inclusion into
the Board's Agenda. A follow-up report will be distributed to the Board prior to the
meeting, following staffs receipt of the Court's Order. That report will outline alternate
options available to the Board, including having the two factions within GCS share use of
the leased facilities, suspension of the Lessee's operations until a final decision is
reached to determine which faction has control of the corporation, or decide to issue a
notice of termination of the Lease Agreement.
Regarding these issues, court ordered non-binding arbitration with retired Judge Carlton
is scheduled to begin and conclude in December. In the meantime, a motion for
~ summary judgment has been filed with the court requesting that the court summarily
decide which faction within GCS has effective internal control of the Corporation. A
hearing on that motion is scheduled for December 4, 1999. Should the issue not be
decided at that hearing, it will remain for possible resolution by means of the arbitration
process. Finally, should resolution of these issues not be settled through the motion for
summary judgment or the arbitration, the court may eventually have to make the
dispositive decision.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consider the options
available to it with regard to recent acts by persons within Gulf Coast Skimmers,
including an interim decision by the Circuit Court and other pending proceedings related
to the lease between Collier County and the Gulf Coast Skimmers Water Ski Show, Inc.
Prepared by:
Thomas W. Olliff, P . Services Administrator
Reviewed by: ,~e ~L
David . Weige, 0 Attorney
,,-..
~~~nd~(dJj
~! (J V 0 S 1999
P9. f
-
EXECUTIVE SUMMARY
REVIEW OF OPTIONS REGARDING THE lEASE BETWEEN COLLIER
COUNTY AND THE GULF COAST SKIMMERS WATER SKI SHOW, INC.,
(GCS)
OBJECTIVE: To determine what action, if any. the County will take in response
to a recent court order that provides access to both factions of the GCS to Lake
Avalon at Sugden Regional Park.
CONSIDERATIONS: Currently there are two parties that claim to be the duly
elected President and Board of Directors of the GCS corporation. This is the
primary issue that is working its way through the court system and is scheduled
for non-binding arbitration in December. For purposes of this executive
summary, the group that has had access to the Park led by Mr. John Gursoy, will
be called the GCS. The other party led by Mr. David Reinertson will be referred
to as Southern Extreme (a club name taken during this interim period). Neither
reference is intended to make any judgement, and is a differentiation only to help
describe the events and issues involved with less confusion.
Since the last executive summary was prepared, the court order has been
received and a copy is attached. The order in essence provides access to Lake
Avalon for the Southern Extreme group contingent upon the provision of
sufficient insurance coverage as required by the County. Upon receipt of the
court, staff verbally relayed to the Southern Extreme group that a letter from the
County would be prepared in conjunction with the County Attorney's office that
would outline what the County would require prior to the group being allowed
access to the lake. A letter from the group's attorney was then received and two
subsequent letters from the County provided. Copies of each are attached to
bring the Board up to date as to all written communications since the court order
was received.
Since the last correspondence, which indicated that the required insurances had
in fact been delivered, the Southern Exposure group was provided access to the
lake on Saturday morning and the GCS had access later on Saturday and
Sunday in accordance with the court order.
Today the options provided for Board consideration include a continuation of this
arrangement as per the court order (shared access); a suspension of the lease
until such time as the court makes a determination as to which group is the legal
President and Board of Directors. and termination of the lease.
Shared Access: The positive considerations associated with this option include:
1. The opportunity for a larger number of participants to have access to the
Park's lake than has been afforded for several months per GCS.
~~~n1?(~p
NOY 0 9 1999
pg.-L-
1
-
2. The expected period of time under this arrangement would be relatively short,
as the issue will either be decided during a summary judgement hearing
scheduled for early December, the non-binding arbitration in December, or a
court decision should arbitration not result in a resolution of the issues.
The negative considerations associated with this option include:
1. The recent history between these two groups has been exceptionally
contentious. During the summer when both groups were in and around the
park, the Sheriff's department was called in on at least 15 occasions (copies
are attached). There were issues including alleged boat and motor thefts,
alleged boat tampering, multiple altercations with the Ranger staff that
resulted in several Rangers resigning and several being reassigned. There
were at least two incidents that occurred where there were legitimate
concerns regarding the safety of Rangers or group participants. While it
cannot be assumed that this type of activity would continue, the staff has
serious concerns that this type of environment could again result.
2. At worst, as a result of the above history, the staff has a concern about being
able to ensure the safety of either group's participants and to a lesser degree
a safety concern for the general public that uses the park. At best, there is a
concern about the negative image that this type of environment leaves with
the public using the park.
3. While the expected short period of time was listed as a positive consideration
above, it is also a negative consideration as there would seem to be little real
advantage to risking a continued contentious situation and possible safety
concerns if there is a final judicial decision regarding this issue to be made
soon.
4. Finally, should this option be selected, the Ranger staff schedules would be
altered to ensure that a Ranger was present during any such time as either
group would be using the facility. This requires more Ranger hours than
would normally be required for this site and would remove Rangers from other
duties throughout the system.
Termination: The lease does not provide many opportunities for termination.
The only clause within the lease that provides for termination reads as follows:
"ARTICLE 11. Default bv LESSEE
Failure of LESSEE to comply for ninety (90) days with any material
provision of covenant of this Lease shall constitute a default, LESSOR may, at its
option, terminate this Lease after thirty (30) days written notice to LESSEE,
unless the default be cured within the notice period (or such additional time as is
reasonably required to correct such default). However, the occurrence of any of
~~~ndtt~j'
NOV 0 9 1999
pg. ;)
2
the following events shall constitute a default by LESSEE, and this Lease may be
immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE's
operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required
to be furnished to LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or
bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this lease to be taken under any writ of execution.
(g) If LESSOR is named in a litigation suit as a result of LESSEE'S use at
the Demised Premises, and LESSEE is found to be at fault at the time
of final judgment, LESSOR will have the right to terminate this lease.
In the event of the occurrence of any of the foregoing defaults in this
ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have,
shall have the immediate right to re-enter and remove all persons and property
from the Demised Premises. Such property may be removed and stored in a
public warehouse of elsewhere at the cost of and for the account of LESSEE, all
without service of notice or resort to legal process and without being deemed
guilty of trespass, or being liable for any loss or damage which may be
occasioned thereby. If LESSOR so directs LESSEE, LESSEE shall remove all
property from the Demised Premises in a time allowed by LESSOR. If LESSEE
does not remove that property by the LESSOR'S specified time, LESSOR shall
have the right to enforce its right as stated above in this paragraph.
The LESSOR may at its option terminate this Lease after receipt by
LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold
interest of the LESSEE, and not removed within thirty (30) days, pursuant to the
Florida Mechanics Lien Law."
However, should the County Commission believe that this agreement creates a
true public safety concern, the Board can take appropriate actions exercising its
responsibilities for the public's health, safety and welfare on County property
under Chapter 125 of the Florida Statutes and the broad exercise of home rule
powers authorized by the State Constitution. Clearly, in this case, the decision to
terminate would be based on the record of events to date, and that neither party
to the lease contemplated operations in this manner, or the burdens im osed
~~~~~j
NOV 0 9 1999
pg. J
3
thereby, and would be a judgment call on the part of the County. It would be
assumed that there would be a risk of suit being filed by the GCS.
Suspension of the Lease: As in the option above, there is little specific
language in the lease document that provides an opportunity for the Board to
suspend. However, as with the termination option above, the Board could
recognize the history of these two groups and based on a concern for the safety
of the participants, many of whom are children and the general public that uses
the park, exercise its statutory and home rule authority and suspend the lease in
the interest of the health, safety and welfare of the public. Should this option be
selected, there may also be a risk of suit from either the GCS or the Southern
Extreme group. However, a suspension until such time as the courts determine
which group is in fact the legal administrative body for the GCS would be for a
limited period of time and would potentially result in, if any, real damages to
either group. In fact, it could be argued that a short term suspension for safety
reasons may in fact be in the best long term interest of both groups.
Given the options available, it is staff's recommendation that the activities
associated with the GCS lease be suspended until such time as the court
determines which group is in fact responsible for the activities of the lease.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
FISCAL IMPACT: While there is no direct fiscal impact associated with any of
the specific actions outlined above, there is a risk of court action. A loss in court
may result in the payment of any damages that either group could claim as a
result of either a termination or a suspension and/or specific performance of the
lease.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
upon a finding of concern for the health, safety and welfare of the public,
including park staff and skier-participants and the changed circumstances of
Sugden Park lake usagellease administration not contemplated by the parties to
the lease, suspend the lease between the Gulf Coast Skimmers Water Ski Show,
Inc., until such time as a judicial or other final determination is made regarding
the President and Board of Directors of the organization.
Prepared by:
Thomas W. Olliff, P . Services Administrator
ReViewedbY:~ t!tfI'J~
David C. Weigel, Co y Attorney
~~~nd~(~e;
NOV 0 9~999
pg.
4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
C0LTJER <;QUNTY. F~ORTl)A r:IYIL ACTION
GULF COAST SKlM1v1ERS
WATER SKI SHOW, INC.
a Florida not-for-profit
corporation
CASE NO. 99-880CA
Plaintiff,
vs.
JOHN V. GURSOY,
Defendant.
I
OllQER
THIS MATTER came before the Court on Monday, October 25. 1999, on Plaintiffs
Motion LO Permit Access during the Pendency of Litigation and the Court having considered tbe
plc:.adings, hc.ard argument of counsel and being otherwbe fully advised in the premises, it is
ORDERED that:
l. t-J~tute ofHooni, The Defendant., JOHN GURSOY. objected to the nonr;videntiary
nature of the hearing and sought to present :estimonial evidence. The Court finds that
the nature of the hearing is such th~t only argument of counsel may be presented.
2. Jbe Access tD tl1~ L&lcl;i. Upo~ hell.ting ugllments of counsel the Court hereby orders
the {cHowing:
A. The Plaintiffs Motion to Permit Access during Pendency of Litigation is
hereby GRANTED for the days of Monday, Tuesday, Wednesday. and
Saturday morning so long as the Plaintiff satisfies the following conditions:
B. The Plaintiff must submit to the Landlord, COLLIER COUNTY, evidence
~~~nd~(~
NOV 0 9 1999
".-
P~. ~
of liability coverage for the plaintiff' s organizatio~ County against any
personal or property damage which might occur during the Plaintiff's usage
of the lake and the surrounding leasehold premises.
C. The key to the premises shall be maintained by the COLLIER COUNTY
Rangers, who shall open the lake for the Plaintifrs practice on Monday,
Tuesday, and Wednesday (all day) and Saturday mornings until 12:30 P,M..
I
I
I
. I
I
I
If the Rangers are un~vailable for such duties, the key will be maintained at
the CoIlier County Sheriffs Office headquarters.
D.
All personal property of the organi:z:ation shall remain under the possession
and control of the Defendant, JOHN GURSOY and his Board of Directors.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this III ~+
, ,
day of
N{l1dA~AJ
."'("\"'"'
. J.i:?:I.
~~~
HO ~ D. HAYES
CI CUlT COURT JUDGE
conformed copies to:
John F. Hooley I Esquire
Terrence F. Lenick, Esquire
Agen~( f~Ivm m
No.~/
NaV 0 9 1999
Pg.
. -., '---' .VI'VI I.,.......'V_I
JOHN R HOOLEY; P. A_
Boud CcrIiGcJ T riJ AtirxDey
rrn'\t At;O lJUSIW:$S LAW
IMMIOHA flON <.I N.::. TIOI'iALfTY
GC'IERAL Pf<AC neE
SUITE 401
4S32 T AMIAMI TRAil EAS T
NAPLES, FLA. 34112
November 2, 1999
Mr, Thol'l\:\S 'N. OllifT
Oirl.:Clor oi' Pl:blic Services
Colli~f COl::1!/ Governmtnt Center
3301 Ea:;t T,!miunU Trail
viefax: 7J2-2525
i'Ja~)i~~;, !:!(:i~d:l 341 ) 2
i(.~: (,:;;(/ Cuw;! S/t.ill:mers l', 10/11I V. GM~:':':i'
t..;..;!li....,. CUlJn~i' C{L5~ No. 99-880-CA
D::i.!f IviJ' Olli!r
The ord~r ~m:.:n:d by Judge Hayes was delivered to you. 1 am complying with the order by
liOli!'yinS t h(; COUllly thaI all insurunce is in place for the Gulf Coast Skimmers Water ski Show,
lll~ ::!id lbl ::1I proof or such insurance has been delivered.
1\tf [':l::1:(;:l5(:11 ddivt.:rcd proof of insurance to the County during the summer and all sllch
p:'{I,,;/": ~ OJ! ti:~ ',',.il h r!~k management Mr. Reinertsen delivered the Court Order today and
no!!r:d ~,':)l! ~:Iit :ill i!l~\lranCe proofhad been filed The Court order is self explanatory tmd tht
S:~:~r:::!.;r:-: \.,.;:! L1cg:1I using the lake immediately. There is no need for n letter ti'om any county
~n'J~;;'=/ ! .tppn;ciatt: you cooperation and am confident that you will comply with the Order
~:!i,j nor s\;l,;~, ~o delay a.nything.
1,11'. :,:,~ir:l.;m,::! and his group :>hull now use the lake on the assigned days
~inc~r~ly.
~- ,~//~~'j
./~ ~"~ /'
.. JOIU1 F. Hoolt:y
J!'l~.1 ~~:n
(" '{);.; :'.":.'.. :'\\' :.'. ,,_'I~.T::;\';K:''':'''IEH:;''')lIiI11
TELEP~orH~: (8':1) Y;'S-~JOl~
INTERNET ADDRESS. JFHOOLEYCAOl.COM
FAX:
Agendt; t~6("
No.~/
NOV 0 9 1999
Pg.
COLLIER COUNlY GOVERNMENT
DIVISION OF PUBLIC SERVICES
ADMINISTRA TION
HEALTH AND COMMUNITY SERVICES BLDG.
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 77 4-8468
FAX (941) 732-2525
November 3, 1999
John F. Hooley, Attorney
Suite #401
4532 Tamiami Trail East
Naples, FL 34112
^ CERTIFIED BLUE CHIP COMMUNITY
Dear Mr. Hooley:
Thank you for your letter reQarding the order entered by Judge Hayes. It is clear
that the court order pro',I!d~s c::>nditiona! access to the lake subject to,
"... evidence of liability coverage for the plaintiff's organization and the County
against any personal or property damage which might occur during the Plaintiff's
usage of the lake and the surrounding leasehold premises". Until such time as
the Landlord, Collier County is satisfied that there is sufficient insurance
coverage in place, you will not be allowed use of the lake.
It is a consensus opinion, including the County Attorney Office and Risk
Management Office, that a determination cannot be made from the policies on
file with the County that the coverage required by the lease document extends to
your client. Therefore, prior to your client being allowed access to the Lake, a
certificate from a separate insurance company certifying coverage as specified
by the lease, or a letter from the current policy issuer stating that the insurance
on file includes the activities of your client, will be required. In addition, the
County will require that a listing of all boats and motors that 'Nill be used on the
lake be provided and that a certificate of insurance with coverage as specified by
the lease shall be submitted to the County's Risk Management Department for
each. A copy of the lease is enclosed that has had the sections highlighted
specifying the required insurance coverage to ensure that you and your client are
clear as to the coverage requirements.
Please understand that these conditions are not contrary to the court order. In
fact, requiring that insurance is in place complies fully with the court order.
Further this condition is not intended as an impediment, but as a means of
ensuring the safety and adequate protection of all parties involved, especially the
children that participate and the public that uses the park.
n~~ndK (~
POV 0 9 1999
Pg.- ~
r ... --------
.----.
Please ensure that your client, or you as their representative, provide the
requested insurance information as soon as possible.
Sincerely,
\~~~
Thomas W. Olliff
Public Services Administrator
TWO/jb
cc.: The Honorable Judge Hugh D. Hayes
Board of County Commissioners
Bob Fernandez, County Administrator.
Terrence F. Lenick, P.A.
David Reinertson
John Gursoy
David Weigel, County Attorney
('lada Ramsey, Parks and Recreation Director
~~~~erj
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J\.1Iil'nnH:~1 3nd Sllhlt'clin~
!..F.SS!:::f covenants and agrees f101 10 lIsslen this Lease or 10 sublcllhe whole or any part of the Demised
i'r~/11i$~s. or ~() permil "ny other persons to occupy some without the wrillen consent or LESSOR. MY such
::;\iZ~'/ll':,l: or $llblclling, e"en wirh thl: cOllscnl o(LESSOR, shall not relieve LESSEE (rom liability for paymelll
0:' r',,:: c: ut:\n s:.:ms herr.in Plovided or from Ihe obligatio'n tf) keep and be bound by the terms, conditions and
~C'''~:l,:::~ -.;: this Lc~sc. 'n~c accep/aIlce of rent from any olher person shall nJt be deemed to b~ a waiver of any
Ct' \1,,: ~,::)\i~icns of thi" Leasc or 10 be u consent to the assignment or this Lease or sublclling of the Demised
p(~."1~i~l;~..
/'.:>.":':::!.. ;:, ~,
ulilf.! II ni I II
;,:>:~:~:;, i:1 consideralion of Tcn Dollars (SIO.OO), lht n:ceipl :lnd sunicicncy of which is hereby
::~'.;,~..\:::::.':,;, ~h~1I indel1lnify, defend and hold harmless LESSOR, its :lsenls and employees frOnl and against
:~!. "::.J ::'! k,~:iily (s\.1IulUry orOlhc'rwi.ic), d3rr.as,=!.c1air,u, SUh1, demands, Judgmenls, COlts, inlerest :lnd
::'.;:.:n1':\ (:::~:l:dir.:,.. b..:1 nOI limited to, ~ttorneys' fees .Ind Jisbursenlllms bOlh,:lt Iri~1 and appellnle levels)
.:::,;::::: :::~~I:Y Of i~di:ectl)'_ from any injury to, or dealh of; any person or persons or damage 10 properlY
(::::!~,'::-:: ::~,: c[ I:SC thercof) relaled 10 (1\) LESSEE'S use of the Dernised Premises. (6) Dny work or ,hinS
.....::~ :::~ ~ <':~ :!0n~, or ;0.:1;' condition cr(~led (alher In3n by LESSOR,)1S c:mpJoyec$" 8&e/1IS, or ~onlraclors) by or
:=:: ~~!I~;"::::" LESSeE in or ~baut the Demised Premises, (C) any conClhionof lhe Demised Premises due to 01
:":::::i,-:.; :''':1:: w:, default by LESSEE inlne performance of LESSEE'S oblir,ati~lns under Ihis Leasc, or (D) any
:~:, :;':'".:\':1:.' 0: ncglillcncc or LESSEE or ilS agentS, contractors, employees. subten~l1ls, licensees or invitees In
c :,' ::1::' ;"-.: i::n cr \.Iloc..:ce!inS is broul1ht ugAinst LESSOR by re3S0n or llny one or more thereof, LESSEe. shllll
;,~ ,,:! (:::!:';, ai!(;rnr;ys' fees, expenses ~nd liabilities resulling lherefrom IIno shall defo::nd such action or
;;r::':e~:i:"i: If LESSOR sh:,l1 so requesl. 31 LESSEE'S expe~;:, hy .:.ollnsel..e.3S0nllbly satisfaClory to LESSOR
'r::,; ~:.:SSOlt shollIllOI be li~bll: for any injury N d3m~e~ 10 pcrs.::a or properly cau~cd by Ih: clemerllS cor
.) :::,~: ~,~:\:;If~, ill the Dcndscd Plerniscl. or from Ihe streel or sub.surra~, or from ~uy 01 her place, or for allY
':::::~.C!~I::~ :::':!d by op,retions by 01 for it gOll"nmental authority in construclion or any public or C)\lisi.public
....0: f. ~
'!'::: ~.;;SS:;E 3grccs to hole! the LESSOR harmless flom any eI3ir,;s for damages, except where such
:::'-":;.: ~.: :::.;,.:c~., i$ Ir.C result oflhe BIOH neGligence ot willful misconduct oflhe LESSOR or its cmployees,
/..!}.T!C~:..~: ~ ~.'J!l:)f.C
!..?.';S!2l: ~1i,~1I pro\'id~ :lnd m~inlJin ceneral lb.bilily 3nd propllriy Iiabilily insurance policy(ies), 3ppro...ed
ty I:l~ C(;!~i(;r CU\Jlll:-, Risk !\hn'\!lemenl Departmenl, for not less Ihan One tvlillion Oollals :Iud Note!;IIIS
(5 \ ,(jO(',IYJO vO) combind ~ins\c Iilllils during Ihe Icrm of this Agreement, Also, LESSEE sh~l1 provide and
:::~;:\:~::II: .'.lIli:c:~, \'.';il~'rcr~n liJbilily coverage of Five Hundred Thou,and Dollars ~nd No/Cents (S500,OOOOO)
c,~:::::i::,;'j ~i::<;k lim'>IS ~Id poilu lion liabilily coverage or One MiJlion Dollars and No/Ccnts (S I ,000,000,00)
CO::l~':::~:1 :in':'.1c lilllil~. In ilddition, Lf2SSEE sl-all provide :Iud mair,tllin Worker's Compellsation Insurance
('-',;;II~:'; ~:: "111J.'IQYC.C~.llI.~,~lina .StalulOl')i.1.imil:Lir. GOJl1f'I;'nee "lith lhe ~~plic3blc state ilnd red era I. laws, The,
CC\ \: :;~:~ ::: ,\' ii;ch:oc EmplOj'ds Liability with a minimum limit or aile Hundred Thousand Doll:lrs and Noll 00
CO'::'. :~!~1'.1.:-;:)O 00) och :'.ccidcnl.
:~'.::" 1::ilJf~ncc paliey(ies) sholll lisl Collier County as an additional insured thereOIl. Evidence of such
i":'.I::,,:c,- S!II:/1 bc pro'/ided II) lhe Collier COUIlIY IUdc Man:lgclllenl Dcp1rtmenl, ))01 East Tarniarni Trail,
A:Ji:,irli\ll"~;on fhJilllillZ, Naples, florid.,. ))')62, for 1ppro'o':\I prior 10 Ihe commencemellt of this LClSe
r\;:' t':I\I'::<:: ~II:J ~h~11 inc!lJde a provision requirins len (IOrdays priOl written no lice 10 Collier Coullty c/o County
!ti:k :':,;I1"":::l1CIII Dcr.~nor.cnt in the even! o(clu:ccl;;Ltiono(c.ha.lIges,ir\'f,QHc,'J(ies) coverage.
, T~~,; Ll'SSOR re!elves 111\: riglll 10 rCHonably IImend lite insur,U1Cf, re'luirelllenls slaled in Ihis Leuse by
i\:ll~ll':: cC :lo:ice in wriling to LESSEE, '"hereupon r~::c;p. or s;Jch noriCe, LESSEE shall have Ninely (90) d3YS
III '.'Ir,i:~ 10 cb~,':1I such r.ppropriale insurance. S~id amended insurance coverage shall reOecl those slandMds ror
!::.:: t',~:!..: C~'''d':Cld wirhin Ihe Uniled Sl~les of Amer}ca.
rJtT!CL.S iO ~0},i:l!Cfl;1I1C:: 111'9 Jrnrr(WCIT1(;f1IS
LESS!2[: ~!I~II. 111 ils ~ole cost and expense, keep Ihe Demised Premises clean ill ~llli!1lcs, if said Demis~d
jl~ ~1l:1:n :lrr r~:ll. ~:~flt C"'~1l in, Ih~ opinion of lESSOR, LESSEE'S nlanager will. be so advist:d ide
:C~~';:::',~:'.:'!.;~n l~ nOI l:-~c!' Wlllllll twenty (10) days oflhe receipl ersllch nOlice, LESSOR 1.10':11 CJ se Ihe nend~tll\e,
:~ I:: ."~:i,;" :~\\! ;;~\:lt:::!~d ~f1d LESSEE ~Iu\l assume a,nd pllY,all necessary cleaning COSIS 3nd suc cosu shai~
NOV 0 9 1999
J
:'~.1 ':.~;. 1:- ~ ~ I
I,E~€~ IS
I'!':~l ~.t:.l ,,~-,tt'l~9.
COLLIER COUNlY GOVERNMENT
DIVISION OF PUBLIC SERVICES
ADMINISTRA nON
November 3, 1999
HEALTH AND COMMUNI1Y SERVICES BLDG.
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8468
FAX (941) 732-2525
Mr. John Gursoy
Gulf Coast Skimmers
4002 Cindy Avenue
Naples, FL 34112
^ CERTIFIED BLUE CHIP COMMUNITY
Dear John:
In response to the recently issued court order, the insurance certificates on file
were reviewed again for compliance. The commercial general liability certificate
on fila has expired. Telephone conversations with the policy writer, the Sullivan
& Strauss Agency, indicate that the policy has been renewed and is in effect.
However, there is no current certificate on file with the Risk Management Office
as is required by the lease. In addition it would appear that there is an insurance
certificate for a Carolina Skiff (Hull 1.0. EKH14212B797) which expired on
October 25, 1999.
Plea~a ensure that an updated certificate is provided for the general liability
coverage as is requirgd by the lease. If the Carolina Skiff is still being used,
please provide a current certificate for that as well. If this boat is not being used.
please provide some indication of that so it may be removed from the listing of
active equipment.
Plaaue t3~<:& this as notice that yOU must cease any and all activities within
the c!emis0d premisos lI~....:,u~iL!!me !~ the ir~surance certificates are
providc:d. We appreciate your compliance with this and look forward to your
bringing this matter into compliance as soon as possible.
Sincerely,
--t-- ~/rr--(J/
\ rGWJ8t'._,J:...,~
Thomas 'yV. Olliff ~)
Public Services Administrator
TWO/jb
ce.: Bob Fernandez, County Administrator
David Weigel, County Attorney
Jeff Walker, Risk Management Director
Marla Ramsey, Parks and Recreation Director
Agend~ f)i~~
No.~
NOV 0 9 1999
Pg. / r
COLLIER COUNlY GOVERN:MENT
DIVISION OF PUBLIC SERVICES
ADMINISTRATION
HEALTH AND COMMUNI1Y SERVICES BLDG.
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 77 4-8468
FAX (941) 732-2525
November 5, 1999
John F. Hooley, Attorney
Suite #401
4532 Tamiami Trail East
Naples, FL 34112
^ CERTIFIED BLUE CHIP COMMUNIIT
Dear Mr. Hooley:
This is being sent in follow up to the previous letter sent November 3. 1999. regarding
your client's use of Lake Avalon. Please be advised that the County's Risk Management
Department has indicated that your client has provided insurance certificates that have
satisfied the requirements of the lease. Based on this. please relay to your client that in
keeping with Judge Hayes' Court Order. access to Lake Avalon will be provided
Saturday, November 6, 1999 from 8:00 a.m. until 12:30 p.m. Please ensure that only
the single Mastercrah Barefoot 200 for which insurance certificates have been provided,
are used. In addition, it is requested that your client be completely removed from the
leased premises by 12:30 p.m. or earlier to ensure that this works as smoothly as
possible.
Thank you for your assistance in this matter.
Very truly yours,
~0.
Thomas W. Olliff
Public Services Administrator
TWO/jb
cc: BCC
Bob Fernandez, County Administrator
Terence Lenick, PA
David Weigel, County Attorney
Dave Reinertson
John Gursoy
Marla Ramsey, Parks and Recreation Director
Jeff Walker. Risk Management Director
~g~n~(tfX
NOV 0 9 1999
P9._ I~_
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fo'ced Enlrt 0 u,,:.:"'..pon
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6 Juv"".leINo CustOdy Qt1ense 1
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o
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f6=l SUS~OEO
LJ I~YESn NO
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5",&~h!N ~>-\l'(C:./'L..~'!<(:' AV.l,LC.\J
Location 01 ONense
c::>O \ '\ \ J l-z.. ... \
In Service I ~,iohlc Ina?c.lo, \ Relaled Incldenl Numbe"'1
16 SfOl~" :0 Aftt.qIOLl' BIdq ~. 01"'" ')"UCt"".. ZI L.....,W-l1Crw.ly
t1 r.oyllPtA)!< 8'Oq 2' AI'I)O" ~~ P......nttlOIoC.'...,.. Z'I UOfOI' 'i'!'ft<M
tIS Sc.f\ooCIUr\f'lrIW......., 22 Bu"PI.'1II r........,"... :1Ii Hoq.....I'I' Ro...,...... 'Q Ot.....~..
I') J..."P,t1Ot'I 23 COtI"lrudOOt' 'So'. ~l ".II"''WQtWtI..'''d\.''~ ,,0t'Ntf
~ · Premises G.:;] · Onende" W · "nesled [2].
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-=
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o yes
.. W NO
\ ";.
stlV"'~t\S
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fVflr:f>L~ F \...- 3 L{ II 2- Inlury Ty....
C.ry :>lolln Z,p r-
eD 1~.~~~~/32-C57C 1&(_:~.~u_>'4 C( -ZQ3f ~ ~=
\, - .~- Ir...--. ~ OJ Lolcerat'or. 99 O1ha,
rSocla' s.c:u,.,., Number O~ UnconscIOuS
"? 0 \ \ , \ \ OS Poss B,ok.n Bones
'- C \ - /') - 06 Poss Inlern.lln urv
I J Sludonl 16 Boy/G," fll.ncl I ~ s,n.IIDay C~'. 22 Landlo'dIT .n~nl
14 ruc"",, 11 Fllend 20 Em~'oyee 23 ,t.cqu.n,nl.anc:.
IS Cnild of BoylQirt Fnencl 18 N"ltlhbo' 2' EmOloye, 99 O1ne' Known
Elhnoe O,oo,n \ R~ce S... \ O~I' 01 B",II
O"enM Indlcato' Injury Extenl 0 Nor.ll
l..1 :\,8oth 0 I l.4,no,
2. .2 2 SellOut
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OQ, NlA 02 SI,.nQd' OS C.,.H.C,I.nl 08 Cn.ld
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j I Undftle'm.,.~ 0) SpolJ~e
t).c EJ Spcu~t!
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2. .2 I
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2. Senous
3, f~lal
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08 Bu,ns
09 Abbr~'t.on,,'Bf\lis.s
IEYO Colo,
Sla'.
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I SOc,.1 Security Humbe'
16 Boy,G,,1 F"eno .,
17 FII"nd n
1 B N"'9hbor "
01 """.. .....
De e-..
09 Al:Jof.l$lOt""\oh.Mt
Injury Ty~
OQ No"
01 GURS",al
02 Slab\)e<l
OJ Lac~'aloOn
o~ UnconSCIOUs
OS Poss Brooen Bones
06 Pass Inlernalln,urv
Sln'tO.Jy C.altr' 22 Land10fcj.ll!n,a"c
ttrplOYP.8 2 J .ACQuanlnl.1t"ce
Employe' )9 O1ne' Kno..n
ReSidence Phone
19 Oo:hItr
N.me (Last. F"':.I. ~I~I"", BU~lnP'S"J
10 3'~ ......' "d IJ ~luC:P."1
1 1 Ir... rill lot T e.1ct"lp'1
12 00-.,.. :."'.Iy IS CMd 01 BoyIG"1 Fllencl
I Race
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Se. \ Dale 01 BIrth
fV"'\ \0- cS' -1 ~
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FL 3 ~ l \ -z.-
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A-S'Sc (... ,J--C'E:" cf=. \J \.C -<W''''
d 8 ~~::: \ '/IN. No. \ '/~. ,... \ M.ke Model \ SIY'e (. . \ Color
~ ~ Subl'!':! \ C<>n<I.hon ho Ho. \ SI.le \ 'fu, \ Owne' " . ~ '.._
~ Does this CllS'! "-"I'lll SU$~CI1 DNO [8 Yes IOe~c'~ ~usceCI on W, hess S-Hc;,t ~~,i
~ R.po~'~~'~~:;~l _H_______ <62. d------t t' X.rr \.t1ft: Invul. Name NOV 0 Q 1999
-z Report,no ONoc.. '",.n'l ___ 10 ~ ~'oc' Ed 1 ~\ \ 10
~ 'r- ~\~~---- c\\)---" 1\~T:~:':::~Respo1l'9'. 10 1-'7
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COlliER COUNTY
t~PlES. FLORIDA
'Cy O~._...
FL 0110000
t-l F~ /IJn f1r. O^J
CJ f-JLcf
EXCEI'OON TYPE 1 ..... "" ........, on.- -
t e... ~ s.tCllndr.lf' y or...... WfPQA
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CASE SUSPENDEO
YE NO
c....
14 QIf'W $ltUCIl.tl'~
150 PwtI", lOl/G.w.IQIIP
~~ :::7~_
. ",..alIod
~
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Injury 1'r1>>e
00 HI"
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Colot
Administr
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(CONTf~UAT,ION 0 SUPPLEMENTAL 0~A~ %1!Cdff ~1l1t ~iltlth'r
~ Collier County Govt, Complex 8h:lg . J
FL 011 0000 3301 Tamlami Trail. East Naples, FL 3-1112
lency ORI Number Tel hone AC 941 774--1-13-1
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COlLIER COUNTY
NAPlES. FLORIDA
I~~ ORI P-l11f"t:::1M .
FL 0110000
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10
CON r1NUATION
o SUPPLEMENTAL
o
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I. ~ _ _
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JnCY ORI Number FL 0110000
r:::::;l Vlctlm's N e
3. unlounded \.LJ A If
Exceptional Type 2, a,reSI on P"mary Offense ~. Dqalh 01 Offender 5 Prosecullon Declined G3
I ElI,adlllon Secondary OffMse Wllhoul 4 '/IW Relused 10 6 Juvenile/No Custody
Declined ProsecutIon Coocer:ltlt
Collier Counry Govl. Complex Bldg, . J
3301 T.lmlaml Tra.I, East Naples. FL 34112
Tel hone (AC 941) 774.4434
INe ode
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SWORN STATEMENT
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STATE OF FLORIDA
ke-^-t (o.J"" \j 1~
Name
Jo,",,,,,
G-u r .5 Co '7
~1..1 S-1~ Av~
Date of Birth
l\..flr/C2..
Business Address
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I
C. : ~.J " A.J eN" /4 ~ J 72-\
,
T etephone 6'. '/ I - 1. T J Y
Telephone 7.1 ~ - or? 0
, LI
Home Address 0 <:;I 1...
who. being. duly sworn, deposes and says that on the ~ day of 0vt'\ ~
A.D., 19 19 . in Co \" ~:r County. state of Florida. that Ie -{~ -1 c.c,,/' ly/ ~
i....-a.f fee ~ b ~ ~ vve;r,.., .t\ v\ /I A4.
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1 (LJl. .(~c..-{. C~.I\r'{)O'\.V v..:/J Jr?. P('(,fJ';"'') (,~q""J~J-
I
Sworn to and subscribed before me
Q!,d
, /
I
this -5- day ot -:J.:.JL . 19 ~
~
/t ;otary PUb~~~~r F.$.S. 117.10"
My Commission Expires:
Case No.
-0 (... y 9
(oilier (')Unl
It m
,
NOV 0 ~ 1999
pg.fJO
/
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.~~::-: :;;:E~)~;~~ ::~':__.. r'. ..:: ...., .
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SWORN STAtEMENT
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, ~ $rAtE OF EtOr:uOI& ';}:-'~?~:':.'
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whe. ceing.duly swem. deposes cnc $CYS thcr en the 'S dc,! cr
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got ~.A1"-
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My Commissien E;q:ires:
Ccse No.
. ".
..
~
<(
a
FL 0110000
C IV,-L.
;5~rriff' 15 Cl}ffict
COLLIER COUNTY
tlAPlES. FLORIDA
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SubjKI Code
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COLUER COUNTY
NAPlES. FLORIDA
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BeHAVIOR:
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{CONTINUM TION
o SUPPLEMENTAL
e
,~ip~riff ~ on ~q unh'r
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~oncyORl Number' FL 0110000
r.:il Victim's Name
, "'rreol 3 Unfounded L2:J
Exceptional Type 2, arresl on Primary Offenoe 3 Dealh of Offender S ProsecullOn Declined ~
I. Ed,ad,lion Secondary Offense W,lhout ~,VNi Refused 10 6. Juven"lIINo Custody ,.-
DeclIned Proseculion Cooper ale :>
,Jlrl
To
Original Offense
C!f V II 'b,s
Suspended
DYes 0 No
~arratlveJSupplemenlal (Print Neatly)
i)~! S :'.n.i:~~ll :', '(, t) :i..~~).';~) , ..d.' APtJKt)~:<. ( .> _~ t .1; t ~ .!.\.:..! ,_'-....11:."', l. (....:.1.:..1'
P.\RK ~r REFE7'ill~C~E 11{J .\ POSSIBlE Bu~GLAR~{ 'IT,,' 'PR()\.~;&:f~~~S. DC';l:!." r(~E{
.wvrsED T!l.\T TUE CAlLEF. (GrJRSOY, JOHN) STATED TLUr SO~:!EU~\:l~ \,' AS
ir'-; AKiNG i1-ll'O TTIE P..\R..iZ. DISPATCII im\1SED THAT TITE SUSPECT VWl(lE
I~/.~,~) .\ GREF.N' FORD PIC~:.CP. CPO~ A..~JaVAL, A r .U)I;'ROX. Ol)t~) m~s, ( W.\~~
c\ ,TC; 0 BY ~lR. GTJRSOY. Fm STYfl':n TU.\.T THE
P.\.RK RANGER NEEDED BACIa:p FOR SO:?ffiONE BREA...Till'/G INTO THE GCl.FCO.\ST
PC;' ORn l"Rr(~ OM TFfF Hf'",.H'Tf
~r:;\.R THE WATER A.J.'.!!) MR. CAR.L1:'1..E ;\l-.l"D MR. PERNA1IDUCO I:~ :\. BOAT THAT
1" Ul 1?
,~, '''T 'V'TT.' '~m 'lIT) nT.'T),r ,'")'fTr'n \or,' ""'"
ALLOWED THERE J\l'.4TJ HE W AJ.'-4"TED THEM TO BE REMOVED. I ASKED MR.
,...
.
r.... ...,...
S!IT~f{JF!"S OffICE, BE TOU) ~ TIl:\.T HE DID. I ADVISED W...:'.1: OF 'HIE D~\)r':JER
,..
.'
,
TIIAT HE CAUSED \VHF.N HE 5T ATED TO OUR DISPATCH THAT TEIERl~ WA~~ A
l.i
1__ J_..
TIlEY STATED THAT TIIEY VlERE LA{JNCHIN G THE BOAT IN THAT LoeA nON
BECAUSE MK GUP..50yaID TI!E OTHER GA E C U'..~ .
;\L\R.SII WAS PRESENT Ai"ID STATED THAT \VIii\.T THEY nffi WAS A VIOLATION OF
TIrE PARK RULES TO L\UNCH TIlE BOAT THERE" MR. GlJRSOY W .:-~s INSISTENT
WE REMOVE MR. PER.J,'liLW3UCO AND MR. CARLiLE. HE STATED THAT
TIlEY STOLE A BOAT MOTOR UST ~'IGHT .AJ.'ID THAT HE ALREADY TILED A
l?f"'Pnl?Tf'lN ilT IPr Vel ,tt'1nWb" 'V'Fi\T)Vr"FT1.ur
CONCERI\j"ED THAT TillS IS A C1VIL1\LATTERiu'ID THAT luE S.O. \VILl. NOT (-;ET
n..nT("\T vr.n T1l\TT r.~~ ~ TQ1.-,;l 17 \1T .\ ~ " ("l;\T'\.n:;o,.. " " ,\ l? F ^
AN!) DOCu~fEi'\fTE1J T~ [\j'(;1DEN""T.
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e
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kONTINUATION
. .
%11criff ~hnt ~111lttl'r
loncy onl Numbe; FL 0110000
W Victim', Name
I. ArreSI 3. Unfounded \J...l.l J-. (; ci OJ Fyo~
Excephonal Type 2. arrest on Pnmary Oftense 3, Dealh 01 Qftender
1. Exuadllion Secondary Qftense Wllhout 4, IJfIN Refused 10
Declined Prosecullon Cooper:\le
InrrallvelSupplemental (Print Neally)
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10 qo (
o.S1. 3
Editing Supervisor
,......-......,....r-.
lancy ORI Number FL 011 0000
~l!l~riff 13 on ~1ulttrr
Collier Counly GoVl Complex Bldg. . J
3JOl Tam.ami Trail. East Naples, FL 34112
Telohone lAC 9411 n4.4434
Clelrlnce Code 01\ Victim'. Nlme INC Code I I
o Ollen 2, Excellhonal - I . -. . Ch F ,.1'~' .
, ArreSI 3,Unfounded I:. 1:.t1..._L:::'l) FI:::I-Il..lnlJ Ii Inge rom .~~"'I
Excepllonal Type 2. arresl on Pflmary Onense 3. Oealn 01 Onender S Prosecut,on oeclln:EJ \,orlglnl. Otlense I rOtlense Chlngod To
" , Extrad"lOn Secondary Onense W"noul 4. V,W Refused 10 6, Juvenol8lNo CuSIO I 1'1 F' 0 \:" M :".... I 01'1 .':~~"r. "\ "I'~ '.:-
'Declined Prosecuhon Cooper...e \ I'~ I . .~ r\ ,. I I . - ..)
o SUPPLEMENTAL
e
\lnc10ent Numcer", -, ,~ -, -, ,n '~r::
-~. -~.. ...1
] CONTINUATION
IDale
Time
]
~} - '" '...
... :) .:..
To
Suspended
DYes ONe
4arratlvelSupplemenl11 (Print Neatly)
.. 'OJ I!,') ,..2r;..... ::;;~,' '. r (~h:.; '::i bIN (,:.';) ,::,::;:3 I Cii',li:::,~) :\1::: s ens i:~: j:' D;~: :=- ::i i_.i.. ;,::'J ...:... i::j: ',.!:; ::~..:::n ~ GiH :r. m.l.
.'~ ;;i..IH \3U:::,~) Dr' CCii'j': ':leT c:n :3 [3 I' " j D h:! :; CJH l~: EF Ei~:i:::i'IC;:: I) (,)1-1 D~;L I SI'1 T C) ,::, F .:::i-;':.n :..lJC I~) TED r.T
OULFCOAST SKIi~~~RS AT SUGDEN PARK. GURSOY ADVISED THAT rJDD FI~LA TORE THE
FEHCE DOWH TO MOVE HIS BOAT.
,'IF:. GUF~SO,( ?~DI)H~ED THE :=-EI-ICI::: IiD::::::; ,"IG;' :~:;;:L..OHlJ TC
::;~..;I..-::-~U::::3i' ::;i,:,r;;I..;li:::;~..3 C,UT TC :iGE\ ;:,:::i'IP WHG \.oj,~-.I'iTS TlJ :::';::;;::33 '::-ic-.;'::(:,:::,.:; i:i:.;',::,':;D' 3UPPLIEI
'3GT.
JCHH30i'l (:'I-iCHE i-iUiTi,C,E::r::S r']I~: V.EI'II-'.
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t:.....
3C,"r ..
JOHI-13\JH CDHTnCTE:" i:1[)n Ki::i"iP (.~ i
2',5 (~-':l '~'7').
n i'l:::::: Ti. i-j C; :,.; j.'t:;; t:. j':;r-:: ::1 i'l C1 E r
~:!ETtAiEEi'l !30T.
JOHNSOH AHD BOB KEMP TO MEET AT GULFCOAST SKIMME~3 AT SUGDE~
!:' Ai~:i':..
J. 30T. JOHNSOH COHTACTED TOnD FIALA AT PX>> G49-0076. FIALA ADVISED THAT
OVER THE WEEKEI-ID HE WAS AT 3UGDEH PARK SKIING WHEH A BAD STORM STARTED.
FIALA ADVISED THAT CURSOY BLOCK~D THE GATE WITH A FRONT
[I'-ID LORDa:: 1'.:\1'-10 Hi:
COUL0 NOT LEAV~.
j:: I(.~U~ :;;:"1; I 5ED HinT HE ej.~REFLlLL '( cu. THE j:'i:::I'.ICE TO LEt'iVE THE
r,;::EH..
FI(')LA ADVISED TH(')T HE BELIEVED THE FEHCE BELONG TO THE GULFCOAS
I
~3 i'~ I i'1 iTI :::: i~: S ..
FIALA IS ~ MEM~~? O? fHE GLlLFCOAST SKIMMERS.
~. AT APPROXIMATELY 1400 HR5 SGT.
J 0 H '" S 0 rI A I,ll) DE T. W ILL A F: D I" r::. T v; :: T H BOIl K E I'll'
I
! OWNER OF ALLIED FEI-ICII-IG AT SUGDEH PARK. IT WAS DETERMINE THAT KEMP IS TH..
I
I
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\
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OWNER OF THE FENCE, NOT THE GULFCOAST SKIMMERS.
THIS CONSTRUCTION FENCE I!
=-
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Assigned t
:~:E :':; I :~: /UYE< [)l~: THE F EHCE:: (ll'i Ii ::, r~::: '3 joIOT :,J (II"IT T () EeE C (J1'IPOI~l:::j TED
Reporting Ontur (PM')
SGT. JOE JOHI-ISON
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I Editing Supervisor
Referred 10:
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COlLIER COUNTY -. ,
NAPlES. FLORIDA
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1''''_ 3_,
, ..... _ Ro_
fmploy..' Sdlool
(
o
~ ~tt......,... To 0Ifendet
00 HI" 01 SIr__
o I ~ Cl3 "....
00 h.!oaoM
~oc.._
oe_
~'fmplaofIt'Schoal
PflOPEIlTY Tn'(
StllJUS
COOE
11
r; ~OR
~
II
%
J
-.
.LItPtW'I.......,.
Aelldenc. "'-
0'_1_
oe CMl
""Sooo,"'_
10 _<hOd
., "'-'-"'-
11 Otw'_
'" _'0.. c-
lOl_
" E_
D
13_
.. 't.a.
" Chld of &o,/Go1 ,._
U......,..,/_
lJ_
\1'1 0.... """'"
Se.
Dele ollllr1ll
.
E,", Color
PIec. ollllt1fl
SIll. D,L No.lS"..
AeeicIIInce "'-
5<:...., Mow1<.o' TIlI_ Ilocatov o...croe I
8IlNCO
DAn OF IlECOYtRT
ITEM AGE
0AMACiE
COOE
o
Color
r"\
I'
I ;' "-:~.1
r-
--.
C
Admi
N~:. 0 ~ 1999
"CONTIN.UA TION
o SUPPLEMENTAL
e
~hcriff Don 3Hulttl'r
C' . ~ _
Clearanca Code ,
o Op"n ,2 elcephonal
1 "'''''01 3 Unfounded
excephonal Type 2. a"est on Pnmary Onense - 3. Death of Onende'
I, Exlrad"'"on Secondary Onense Wllhout 4 VfW Refused 10
Dechnnd ProseclJhon CooDor:lte
~ \ >Ilctlm's Na"j.JOjJ A-;
Collier Counly Govt Complex Bldq 'J
JJO 1 Tamlaml Trail, East Naples, FL Jol1t:2
Telphone lAC 941 77 4.JJJJ
INC Code I
Change From I
5, ProsecutIon Declined lrJ I :~rl~na Of1e~se"l J I Offense Changed T,O
6, Juvenile/No Cuotody '" . , ~
. UAJ~--V
r
'rc:~8'i'J2f ,- f7
p'l~73~7'tt
\ To
J
~ncy ORl Number
FL 0110000
elloo
I
Suspended
DVes ~
arratlvelSupplemental (Print Neatly)
.~" "1' ., I J FU'~'r' ,~.)t " -.... ." - ~. , ,
lv.ll l~ u1\d:~;ll,'::alHP~ an: .Il:;u ca~,l: ;,'~'()J~.. ,~; '.'11 IL, ~~I;t. ;Il .,il.':il.4'dl ,~11 ", :1,)1.; il
(itl1':1J1( \-...hl) \1.'cJrkj ti)t, t.hl~ (illlfCl);l:.;t Sl.imrnllr<; ~:1tl~d Ihat lJll~ (,()Ilil~r C.mulv l"':u'!,
L\.;iil'-:S':f ..Iati~t ~~i1;jf~1 U l;uihifluallY i,'d'i(ifi:.$ ihifl~iiig U(;I{":l~111j liilll ,hiu Iii:; '1,ju{.i. n;;
:11h~':~~~~ that Sl!tbr:~ i:-: dl)in::r thi:; to h~r:1::;:-; him and hi:'; f,'1'oun .Hl :} r;!'~ula:' !i;t~i,j,
'n,i,,~ j';~;O:'h' ~t~m'~ fl.,,", :HI l',nf)'I"I;nV lii'mllh" ('Vl"r thll 11.:~t' ,~fl'lw rll'Mlt'rhr h,'lt'lI"'" lh,'
--- .---- .u__ .- - - -. -'-:r--~ --'-c --- -' ,----'. ,--- -,- '-' C" "(' -.., . - ,-, . .,. --,"
i-I .:i....,r-!,' .. ";,,- .... I ,"'~ .::~ "". ....I...\~r.....;...... .....,..4 ~., ."-,,,1: ..~ Tl"r"ut'r" -\1'1'
'-'.~....... ~J~~'.......~.. ,4............
n
c:
~
z
3
C'
~
A"Ic;n4l!(J to:
~
~
Agend~ ((i1m ~
No.
,
NOV It 9..,1999
Pg.d- ()'!J.O )
~!rlng 1';:;;::- If
I) --I T 'I.r/~d,r-
R.poru'} O~:JJ':,t ,
.,.q
-w. -,
'Ol]JCf
0.." ~
Editing ,
~.?-
I Ffe"'e"ed to:
\':S-7' r
.1. 1t.
...., r~ 1
:f"""t":l'.t ..".1....(:":?'1
r--:ro("'lOr'l
SWORN STATEMENT
../JI -," '" ..: -
- /.. /
1
~' .(
, .'
STATE OF FLORIDA
-vs-
Neme
r: a .J" ~~ "" v"
1\ '\ ,~J- k~ ~
Cere ct 6ir.h
~". I :;.. \ I s 9-,
Susiness Aceress i elechene
~ei.'.e ,~.c:::~eS5 I 3 (". / ;;L C) 1- k. 5" 1- ~,l~, i elechene '3" s: 3 - Y c { 7
, " ! J,'-c-l /J\ t ..
wr,c, =etnc;.cu'( swcrr.. ceccses cnc SC'/S the en the ~ ccy cr rr ,-'--, .)
(
~
C~{lt'-rr
C:l:nry. S:c~e ct Fierlc=. ~~c P..,,- K t<( ~v~p,
'-~ \
o I.. E.
~'C-1-) ,
Ihe -l.. l c-e (''f"' ~. .
j, ,'c9 <'G(j ck-u.;p'L {he SCJ.t-,-Iff-<1c
S......cr~ :0 -:::iC :L.:::s:;~itec ::etere rne
LL 'Id ~L.
': ~ ,..-...____ ///i<- ~ / I
M'I C:::m~i::icn t.x:Jires:
C=se No.
.~B !j(J
I
NotC'1 ?''':t:''~c "Per F .S.S. 11 7. ~ 0"
SWORN STATEMENT
/ / A ) ,".,
.s i~", - ...,' ..;
" , ~ '
51 A T'E OF FLORIDA
-vs-
Ncme A " d (' e.1.J ~~. (' no-.. 'f\ C e -z.
Susiness Accress ~
q (- ''', Ci
. :-:cr."'.e .:'.c::ress \0 ~..J
Dcre cf Bir.h
L 1 / I 7 I r ~:
ielechene
16\.~e..W(106 \.;\ v~ I
ielecncne
7C-[ 3 - :? (4 S '(
wnc. =eing.culy swcrr.. ceccses cnc scys thc~ en the II ccy of 1v1CA..i
I
,:'.0.. ~9~. in Lo\'\\e.., Dum'{, S:cte ot ~ierjc::. ~~c: T~~ Vc'..f\- ~C-.~c'f
'\ ~ ~u..<.., e ~ -\ () ~e..\ 'Q 'ftle. \....) ~e '("\. '\' l,..J c>-.<., \. '0.. '" e ~ ~ ~ S ~ e
\'0\\e..'c l,,~ "'-e.., ~)~~CoW '\.1'P c.o...\\ec \"'-e.. V\j\\(f' w~e:'~
(A\\. \,0~ 'l(\e..e~e.A .Wf1.-S 0- 0~'mV S\n.~+-._ <Sh~ {~o...'S no\:: ~(')\'T\j
~ e.. " ~ j(') 'b u) \\.C<'\. cJ ~ . \Q.r f\ t'" t' >-- e d. '" P.\ Y"
.'
Swcr:'1 :0 cnc sut$c~itec tefcre me
cZ'(,~L~~ ~~IU~~
, t7
Ih~ c: 71J~ . " 99
_ Wc-. 1J..;'j
NOlerl Pu......:c "Per" S ~ ~ '7 · r","
"-~ r. 00..,1, . I . .,I
MI Commission Expires:
C~se No,
5fL(C1-1t
Colli
,.. .-
~'~~nd8 (t~})
NOV 0 9 1999
"").a
)~FEN$E'/I.N~IDENT REPORT. A
w
InCld~'!r'l1 Numtnr
58/08
Will Victim
Proler Charges
C
A
w
U
Z
<
a:
<
w
.J
U
~gDE ~ t1()Lt (P
Z e.cepllOnal
J unfounded
EXCEPTION TYPE
1 e.U.ldlllOn
Dechned
A"p.~t on Ptlm,uy Olhm~o
S.,condJry Ollp.n,.. W,thoul
Proo;eCLJtlon
DeJlh 01 Ollender
VlctlmiWlrness Rolu500 to
COODer ""
5
6
Prosecution Declined
Juvenole,No Custody
C commllted
A attemp,ed
D1SUSPENDED
. nYES
3'1ID OL~,L:>'(, 10o..Pl-eS FL 34 il2.
Locallon at Olfense I I
In IJrvfce <1 Ceo ra \~icalor Relal~ "::cl~/; Number s
If) 5101'311" 20 P411Q00l.l,81d1J 2. O'''er SlfU(t\Jf. 28 Lolke.'Nllr,..OI.,
11 Go."t POD1< BId'1 21 A..po" 25 P~''',1''I1 L:t:C.a,.)t}" 21 UOIOt './'l'n<~e
~; ~~~~:::IV'!'~I~ g ~~;:r~T;~S~:' ~~ ~:~~~;~~~:=:I-ff'" ~ g:; YOb,le
IHC,
CODE
OHense 1
o
Olfense 2
NO
S-IS-C}q- 5-.9,;t-Y11.).CbO- 0"330 50-+ - 8o:t-
Oale allnClden' ITime Da
< ~-~:;l-9 9 IOis ~~ i./-7 IC5Zc
I-
<
C Oale 0 Re rrlval
I- Lacallon Type o. HoteLYolCt O. a.lt Noqn, O...D 12 Ot\IQ C;IQr8,HOSQ,t,ll
J' ;aClo~c"c.e S"'q1e 05 Con~L6noftf'lc. SrOtl! 01 Supefm,'''''''1 0] 8011"'" F,ndnc"ll'n'il
Z ":2 "';).lr::'T'~l COI1(Jo 06 C.lS $lo1tIO,," '0 O"CI O''!\COunl $IOUt ,. '=ommttfcraLrC'hcn Bk11
W ;] ~'~"<ce Cll'~' O~ lIQuor $.lle\ II $O"C:~ltv 'itQ', '5 I~USIf'3"MIQ
> ~p::"eapon 05 )(n,lo C..."If\q 10 F.,,,.lnce"<1tarv
W F O,Ced Entry [QJ ,"""urn.."t II Tt-I,,,.,,lnl,ml(folllC)n
:1 .... J' t-'4ol"IJr,I.i" C6 iJ:unl OtJIPGI 12 S.mulated Wl'tapon
, "'''!', 12 R.I" 07 H.lna~..FI~ISiF .,..., .] O'uq,
:: ~o l] SP'lOIQun o~ P,>'\Qn sa U".,.Own
;. F"p.1"" 01 EIDIO'ONflS 1'1 01"'."
~
1001 · Promises ~ . OHenders ~ . Arresled
(E]
HRS COnlaCled
DYES
~NO
Name \L.1St First, M,de''! or BuSlne~SJ
Oa.. 01 Birth
\ AlOe
Residence Phone
a:
w
I-
a:
o
0..
,W O,,,.r Conlacllnlo. (T.."e A.J.taDle. Employ~e. .tc I
a:
C,1y
Z,p
Business Phone
Synopsis 01 Involve men I
Ul
~ .L~-:rt'S Slrf:~t. /lpt .~:...:-~q
Z
I-
~ I ';.'r.., :,nlacllnlo. I r,n'~ ..".I.]t!~,
\ ~\-
I ~I
I
VictIm Type
0, itA
, J"....""...
2 L E C!f'Cer
3 "'cu~
~ Bus.ress
5 I Gey,rr.menl
Nem. ILas!. F,rst. M""'le or Buslnessl
<
I-
.<
C
1t
~
f= )
~ .
> OccupatIOn
FIO'Id,
"t'I.11
~ K-bro \:'e.v Employer'School
rn.eyy,'/J
VlC1lm Relationship To OHender ()oI E"SPOu5o 07
:.<: '10\ 02, Stranger C5 Co.HaManl 08
00 L:r.c.."rmlned OJ Socuse O? Parent 09
Name (Last. F"st, M""'I. or Bus.ness)
3 Non,
R't1Idfl",
Injury Type
00, NJA
o L Gunshot
g3' E~~=on 99 Other
0.& UnconSCIOus
05, Poss B,ok.n Elones
06, Pass, Inlemal In u
19, S.ner,Day CJre 22, Landlcrd,1'en.tnt
20, Employe" 2J ~uan,nlolnce
21, EmOIO.er 99 O1~,er Known
Race S... Date 01 Bor\l'l
07 Loss 01 T eelh
08 Burns
09, Abbra.s.onsIB,u,ses
Vlcllm Type
o r~'"
1 ;'':i~''1e
2 l E O"<lff
J '~~1
~ 3-...s.t"\4SS 6 Churcn 0
G-:....'!'~r,"'enl 9, 01her
"d(l'"s Slree!. Apt. NUn'\le1J
Hel~hl
<
I-
I~
,.
I:::
f=
~
>
o r~QDB
\ Minor
2 SenC<n
3 Fatal
_oOora ,,,.
~ 0...
. :., ] F'lo,olj.J
(: :~, f OtJf-OI.31..l!'
..C1..lOolIl0n
o
Inlury Type
CO N.'"
01, Gunshot
02, SlJOlled
03 Lacerallon
O~ UnconSCIOUS
05 Pass 8rOk.n Bones
06 Pass Inte,nal1nlLJ
':11 lo.... Of It'Itt1'l
~ Bun""S
C'9 At:b MO'"'I. 8t-.n4'I
I'l C,,,,,,
no!
o
'/ct:m ~elatlanshlp To Offender
~~: '" J. ' 02 S~' anQcr
-~. ... "r:J}'~fmu'\l!d OJ Spouse
~. Et,Spouoe
':5 CO.H.ltllIJnt
';'5 Parenl
07 8rott't~ Y"':i:""
08 Child
09 $1.p,P....,..1
16 Boy G.rl FrI.nd 19
17 F"..nd 20
Neighbor 21
~ 'T C.tQl~~, ~tC )
Synopsis at Involyemen1
Slue' 03Y C.lre :!2 L.]~dlorc1 "T ~"'.a"1
Employe':! 23 Aa:uan'f'll.a:'ce
Employer 99 C'h~r Know~
\ ~esidence p;one
BUSiness Phon~
-qrr... .. H:. Flr~t. M.d(:'o! 'j' BU~ln~~~,
z.p
\ Veh. Year
Slate
""'-
\)
~
3:olen \ 'IIN, No,
1~:lm \
_ Candlllon
,';OIt,lCI
Make
Slyle
, Calor
VI
ex:.
; Wi
! ~ I
I ~; P~"'..r.r'\ tVictlm'" Su;nature)
1~I~i58re.n.~' ka-/-heyne. I 909
\ ~ ;~":"'" 0"." ',..... J I' - 1 ~ .__.J
_~ ~~z~f:~\! 'ru.. ?ClJShO- \p~:-.~
"
-"
..s..
, a..o;iflnl"d II]'
:I,....
In..,,,,.~t
PROPERTY REPORT
rj., CONT'INU..\TIoN 0 SUPPLEMENTAL
e
1'~5gi08- 99
\ oe'e5;:?~ -99 A
Agency ORI Numbe,
FL 0110000
~itrriff' s (1)fficr
COLLIER COUNTY
NAPLES. FLORIDA
VIctim'. Ne....
k/..l r .sOU
Property Type , .
A, Auto Accessory/pert
III C, Came,81PholO Equlpmenl
w O. ONg
g E, Equ,pmentITool
U F. Food/Liquo,/Consumable
G, Gun
1'l)1~ (" ti ICCC/'~)
:-\^),., Y"\
IN relY v,. 01 Otlenee - Inc ,lde'Dnt A
. ,_/\ ....1 '"f':'"
"YVlI ry 1 J <;::/ r II r T
Statu. Code
1. Slolen
2. Reeovered
J Slolen and Reeo.e,ed
4 Reeo.e,ed 10' 011>8'
5 Losl
6 Found
7, Safe Keep"'9
a, E.,dene8lSe,ze<l
9 Ollie' (Fo, Arsonl
SERIAL NO,
~IA
OWNER APPLIED NOJMARKS:
N/A
Demeve COde
O. N1A
1. Arson
2, Cnmlnal
Mlsetllel
J. During OIhe,
O~ense
9, Othe,
Recovery Code
Stole<llAeca'el~
1, Localiloul
2. LocaVOtne,
J, OII>8,llocal
H Househokl Appliance/Goods
I, PlanllC.INs
J J....elry/PrecIOUs Metal
K. ClotlllnQiFu,
L, lNeslock
M MuS>Co11 Instrumenl
N, ConslNCtlon MachInery
0, Office EqUIpment
p, Ar1ICollechon
Q, Computer Equipmenl
A. RadroiSle,eo
S, Sports EqUIpment
T, TVNtdeoNCR
U Cu"encyINegolieble
V, C,edll Ca,diN'on.Negohable
W Boat Moto,
X StNCtu,e
'f. Fa,m EqUipment
Z, M'scellaneous
'"-- PROPERTY TYPE
, 5o..{.k,1..
STATUS ~~
CODE M
; f>(irni ~ 3-
~ COLOR
- Nhi+elRed
~
OTY,:
.uooaNO~"I.<~
<6 70()M r=
RECOVERY ~
CODE t::::.J
BRAND
bei::a, ,.uo..Yt~€.
DOLLAR VALUE \ RECOVERY V~UE
Ji S-D~ ~
MISC. DESCRIPTION ISlze, caliber, ,'e,1
bi.-Ur- \.f1n<i I - I (\"'li're5,("rt'lc:~I'l.,..kl-Prll
DATE OF RECOVERY
/
ITEM AGE \ DAMAGE
r-; milS CODE
"
~
S~RIAL NO.
151') '1
-
L
G]
OTY,:
I
BRAND MODEL NO,
Bora tUlrnr'( f'o\,t",'t"'r ~'lxt
\OAT!'\:)F RECOVERY RECOVERY r71
~ CODE ~
N/~
PROPERTY TYPE
Tr' /1 (\ ~ Ivu ~'S \ Z, V'\
STAT!I!(fl' 'N!G:il DOLLAR VALUE I RECovERY VALUE
; CO~I~ .,~:1LJJ .$10000.Q. ,/
~ COLOR MISC. DESCRIPTION (Size, calibe', ell: I
Meta..l -r(J'I--<lIM~SS I~n .friy- 1.-
PROP&;f Mo-tDy \ wI Q1:
STATUS .,;-"'t~ em DOLLAR VALUE \ RECOVERY VALUE
.. CODE}JA-,...t- -/ c LlCfXje2. ./
'-' _ .AI Q I /
:::I
~ COLOR MISC, DESCRIPTION (s.ze, calibe" e\C,1
b..H't'V'c. ilY''("P t'..u.+ -;- -h'("ci -wa{"1-h.-.,,-')+rl,,<,J .'M'''~.''V'
D \ OTY.: BRAND MOOEL NO. /
o DOLLAR VALUE I RECOVERY VALUE \ DATE OF RECOVERY ~~~~7"
MISC. DESCRIPTION (SIze, caliber, e1C,1 /
STY;
OWNER APPLIED NO./MARKS:
-'--
3
oy..f ( (11'- l 1
emu-tun.,
IOATE7COVeRY
ITEM AGE I DAMAGE
,J +r ~ ~ . . .I' ~ I --" '\ L\.I rs. CODE
MODEl. NO. SERIAL NO,
tf() YrtJrS,t't:i'lt (v D6 u I u q 5; ()
RECOVERY h OWNER APPLIED NOJMARKS:
CODE ~ ~/t\
ITEM AGE
{ lit".
I l31~
\ DAMAGE
CODE
I
PROPERTY TYPE
SERIAL NO,
STATUS
CODE
o
OWNER APPLIED NOJMARKS:
:I
~ COLOR
ITEM AGE
IDAUAGE'
COOE
MAKE I BRAND
STATUS 011 DOLLAR VALUE
CODE
..
w
dOWNER APPUEO NO./MARKS:
,.
u
iii
-\IoIOOEI. (NAME-NO,)
RfCOVERY VAI.UE
RECOVERY CODE
10.JIALE
o FEMALE
TYPE;
['--
SERIAL NO,
OAT; RECOVERY
7AME COLOR
FRAIl E SIZE
GEARS
\ LOCK
o NO 0
ITEM AGE
YES
\=GE
BY
FENDERS COLOR:
0 YES 0 NO
ENTRY:
u
U DATEfTIME:
~
U
z BY:
Ac1lvlty R. SmuQqle
P Possess D. Delivc,
S. Sell E, Use
~. ~r~hiC K. D.spenselD,stnbvle
F'. Found
ACTIVITY TYPE
III
Cl
J
a:
0
\ RIM
SIZE:
COLOR
. \
!~
I
/
/
ITEM NO'S REMOVED:
10 CHARACTERISTlCS:
REMOVAL:
DATE/T1ME:
ITEM' _
NIC ':
ITEM' _
NIC .:
ITEM' _
NIC .:
ITEM I _
NIC I:
M, ManUlac1UfeIP'~~JII pe
Culh'/ate
C. Consporacy i
U. Unknown I
Z. Olne' i
Unit
1. Gram
2, M.hQram
3, KIlogram
4. Ounce
5 . p '>I;nd
6 Ton
7 L.....
a IJ,i.."....
3 C"""" \JnrVItem
A. Amphetamin.
8, 8arbrtu,ate
C, Cocaine
D. Crack
E, He""n
H, HalluelnoQen
M, Manluana
O. Oplum/Den.allve
p, Pa,aphernalla!
EqUIpment
5, Synll'\e11C
U. UnKnown
Z, Othe,
/
/
7
/
R~~~~;~'h' MtJ,~(,. nP
Dl1nll 7~ (IrafU,aI ~.' ~
_____1?..., YlhU' ^ LYl.tm.lLQ.tY1 J 9
DESCRIPTlON
OTY.
UNIT STIlUT VALUE
10
qqq
DIal.
~ 2:>
~ ~I;~CECOJAGENT
"'"Z!i'b I Aulgned 10:
A end~).t~m
N. ~,\ V J I
"V'- - I ,
..,.... 1'\ 1'\ 4nnn
" v, U.I ..........
P<]. ?J~
\~~
'7
..
1
1
~
~
~
o
o
U\
CO
-
()
cO
,
~
..()
..,.-: 0.-.---
,;..:...
( CONT~~UATI~N
o SUPPLEMENTAL
e
~l!crHf J30lt ~1tt1ttcr
]
leney OAI Number
FL 0110000
. ,r
["';:l V ctlm'. Nama
1. ArreSI 3, Unfounded lQj G
Excepbonal Type 2, arrlSI on Primary Onln.1 3,Oealh tlndl'
1 ElI,ad,liOn Slcondary Onense Without 4 VIW AlluSld to
Declined P,oseculion COOlllmll
Orlglna' Often.e
Suspended
DYes DNo
larr.Uve/Supplemental (Print Neatly)
J.!.n.khC\~ Y\ sv.~-pecl(s.)
JA)'(t'S U)P('.p~
:\-n H ~ th.t.JcooA- iY\t U.H'('f S
)
101-1l Lo.wrOX \' yy\tJ.::\-e- (lVY\1) (
5'
n
i5.
Q
;?
Z
S
C
ro
~
Mend
No.
q99
Assigned ta:
NOV 0 ~ 1999
Pl).
olSl,
3
=r;R'.' :e.'.t r:~;R'l
RECORn
lFF'ENSE liNe/DENT REPORT. A
" .
w
[)eyq~ -- 9 r
\ Wdl VoCllm
P'p'lm Cha,'1'~';
l
INC,
CODE
CJ<6
lJ
~
~ ~ e1cept1on,11
~ ) unfoundeO
.lJ
..J
~
0SQdl-
~ ,uhf c e ~~,Jr- z;.( -he:. e ,-(.
J O~dlh of Qt10nder ') P'OSP.Cuhon O~chn.!d
.. \I'C:lmIWlt"H~S Rt!hJ~I~d 10 ., Ju",p.f\lIp'I~~O Cu~IOdy
COOOHf ,1111
ct
ct
:::)
Tlmd /00
OISPi} I D .3
-
~
.LI
>
.LI
t)~ "'0.,.1, Uott!l
Jol) C.:Jnvf''''''nc., Slo''!
"1\ I~.I" SIJIllln
,);" ~.t1uO' $.Ilf!''\
au A.II N.qht C.uh
01') Sl~p.I''m.1(101'1
10 O.OOf 0''''':0''1'l1 ~hJ"~
II Spt!'C."lt.,. f~IO'1'
OS Kfllt'I,Cwnll>tJ
In~tu~m.."1
1.16 On;nl (:.o,~:'
01 ".J"d~Fl'SI",F.!'ft1
as P"....on
ll? eIOln,;""".
INe,
CODE
Ollense 1
Ollense 2
NO
I
lo~ Itrzu?tJ4-L
~",~ 10'/
0(1;-1 'iIOtl~."trv.Qtl.ll
1 J A.ln,,-F,n.lnr...lll"'.1
'4 C.)m"'o',r;I.II.Ollor.l" IlIc1q
... 1'1fllJ..If','l~tQ
. 'J (,"lIlnt.on(Jl.\tlf
'I rhrn.U.lnt,mod,II'QI1
'j.,nul.lh" WI,apon
'1 0""1\
~" Ut1l.nll."
l') '~""f
;~ ~'~~:,.~I~~:G.':' ,I'l"'
.:fl, '."1r'''I.,.H..,.IIr-~,
~ ," ,. I'''. W''lOII11.vlt1..~ ~ ...,""
28 L.1....'N.l1C,...-lY cfl)
:'? "'11"" '/01''''<<:1_ I.
10 ~,.., ''-OO,If!!'
~,') ......"''!'f
If) '".10I,'1'1"
I ~ r.o....' P'~DlW: Ak:q
1'1 ')(.:'It)(}I.IJ'''''''''".ll.,
1'1 J...a.P,'''oO"
~
. P,.ml.es [QI]
O'L\
, Otten de' s I () \ I 'Arrested
@J
HRS Contacled
DYES
C8NO
N.me IL~~~:;!~O' B~~' Vl' IA-'~J
Add,eu (S"081. Ap' Numtl<l'l
Co'y
Business Phon"
:I:
.lJ
::t
o
0..
w
a:
OIh., Conl.Cllnlo, I Tlmo AV~II.ltlle, Employe.., ole I
0.1. 01 Birth
Aoe
ReSidence Phone
SI.118 ZIp
Synopsis ollnvolvomonl
air Color
~ Nor..
I M.....or
2 501100<;'
3 F~r~1
Vlcllm Ty~
o NIA
1 Juyenlle
2 L E on.ce,
3 /\dull
.. Bus,nf)'S$
~ S, Gov.,nmenl
oct.
o
DaI8oll::!,nr
C8~ ,.;~
-
10011661
~
--
/5/Jf JJt1t'~ 6/JJ C'ly
W: (
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'hI ....,,,,., R.t.hM"u Pl\otw
l~"SchOOI
E. SpOu~o Df!; ~,~o,,~~t::"hl
COH~boIJnl 08 Chold 11 In L.lw
01 IJndewmoned 03 5 0& P,,,"nl 0' 51" p,,,." 12 Oro... F,m.1
Name tL.:Isr. F'f~l. Mld(jh~ or Bu'ilnflS';l
Injury Type
CO N.A
01 GunshOI
02 SI.lbOOO
03 L~ce'~hoh 99 Ofr..,
04 UnconSCIOus
O~ Poss Brok~n Bono,
06 Pass Inlornal Inlur
19 5.11(1' D-ly C:ue :!2 Landlord,. T~n."1
20 Employ.. 23 I-CQu,ln'e'~he&
21 Emo1ov,., 1)1) Ottl~, Kr"o.....n
R,J(e So. 0.11801 B,ron
AQd
,~
Vlcllm Ty~
o N.I-
I Ju...p.f11Ie
'- L E CH,co'
1 ~d,,\1
oct. 4 Bus,e.~s 6 Chulch 0
... ~ Go,.rnm.nl 9 0100'
~ I-dd,... ,S".&I, "pI rlumbo,,}
N
..
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~ I) N/....
I C,'t'
~ ~ Co",,.1/
>
,...
'] Flt)tol1..
.. '-;1.1 ~I ';1.114
o
cup.tlon
Victim Rel.llonshlp To ON.nde,
~O rl'A 02 SI'ang')'
1')1 U~~,!'~riT'n~d 1')1 Spt:)u";,l!
at. E' ~pcu~u
05 ~O.H.lb,I"nl
I')Jj P.lfl'?nl
Hlme 'lJS~ F 'f':.1. M.rjrj!1! I)' el..t~lne~')1
L- 3~tJ0
8~.9!:!LM>S53 -()(O(
01 Lo~' 01 T ~lh
08 Bu,es
09 AbOt3t\I()f"ls"BrVlses
I J 16 Ooy Go" F".nd
IJ 17 Fllond
15 Child 01 90 l(jlll F,.und 18 Nt,. hbar
t: 1hnlC Oll']ln
W.iOhl
l) Nor,!
I Mlrc,
2 SelO\. ~
J F.!.,
Slale
1'(
L A4-cHMnc. Phone
j: \"0'-'7 ........,
".& Ov-'
':'1 AU')la '<r1. 81\.."""
Inlury TVpe
00 NA
o 1 Gun~"'OI
02 Slabbed
OJ L.lcerJIoOn
O..l UnconSCIous
OS Pass 8rOJl.en Bon~s
'::f; PI1~S Inlefl'1.,Jllr.t,lr(
~" Q:l'\oool
:--iD
' I
o
07 O,a,"p." S,-...".....
08 Chold
f)') Ste:p PJ'~""
l,p
Business Phone
~~
13 ~Iut.:j.:rf
14 react",~'
1 ~ Chold cl Boy,G,,1 F".nd
16 Boy ~,rl ~(If~"(j
17 Frlt:!nd
16 N'!'lJhtlOl
l'l Sollo' 0,)( C,l/.
20 Emplov"~
,71 Ernplo-,.:f
22 LJrcj1otr: - ~...:trr
23 "\CCY.)r' "~4~'=0!
lJi) C1"'.~r .r~:...,.
'0
"
. 2
0.1. 01 Birth
I-q.
ReSldef'\ce Phone
lJl
~ Add,... ':;''':.' "Pi rtoJm",,,I ~Stt \J., ~ 0€
:: O'her Cont.ct Inlo. nlm~ .A,,;'III.)r..I~_ Em"lf)'f'!'!. .!tC)
W
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J:
W
>
o S:ol~n
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VIII. No.
Condition
n S"I:;I~CI
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>
~ ~oporte'.!!f!Jlom's 519n."u..!.~_ _._
, ~~~~J1-:__
~ R.;L.102/i!lff----
"-
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,"'--_. .
\"010'
(, -
Style
\ Make
Taq Moo:. r Slale
I O~ 'I'l., case have iI suspect? 'JNO (D"~c"bl! SUSPl!Cl
-'ll,~}~J..".;3\- ]-'''~rJZ~40':;':'
R,~S:.~ ~~ ...~~_A ,~. '.... ~ech, Na
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C::NiINL.;A-ICN
...
SUPPlEMEr-rrAl
j- ~ erift' 5 <l}ffiu
COLLIER COUNTY
NAPLES, FLORIDA
l'W"'<<:.....l~f:tI~ln'\Df!If'
fL 0110000
.::JA',Jcr
~{\\Pr(S
::i-S IS
VIctim . Na....
e.lL-
.
. Add.... \
~ C.C.O
ou- Contact Inlo, I Tn"" AY,lIl.1b1u, E~ P.le I
Coty
3
~
i
3uOject Code
A ..",51
Heo9/lI
OI1en.. Indicator
1'" J QonoI
1 '1
C,ly
t
r OccI4)a'-/ElI"Clloyer/School
~
Nlckneme/SI,.., Na_
Clolh,"ll (!ll:SC"llcl
s.:a...,Ma,kaITallDo.lloc3IonlQ.,scrollcl
0( So.o-,-1I>J1.A:
~
GlASSE s: 01 FACIAL HAIR: 01 HAIR LENG~:
O' ~,.,.t 01 0.." "'-'-' 01 Shoo.
01 "''''' 01 ........,..... 01 E",
OJ "'- 4')3 SllS~/~ OJ Co'"
O. ~..- 02 Q' FIJI bt'I.:i'" 02 O' ~
1~ ....... I)~ c,.".1~ M 0.-".,..,...
00 06 -."'" 06 !I.lld/boo"""l
11 ft~ '>!'t.:flt)<< 01 S6..'CJuf~ 11r""41 C)Q l,.IrW.nowr.r'l
00 ~...~" l)9 Qft.~ 1de'K11ib1!'
1'1 Ol"""~~'~
BUILD:
2 0' "''''j,.....lII~
Q TEE~: 01 ....""""
EYES: 0' ~I Gool 01 OJ ~.rwy
~ 1)7 Ct'\CIOe'd I 1Jr'Jl'@f'\
i Ot :r..-.,.,.... O' r.ll/OC)l:oW
<.) 02 -;....... OJ M.,~ 05 ...."""'.
.. ~J :.-...~ I)" G.lD<<.'d 00 Uulol'll)lwn
'.u
a o' ;-'?.... 02 Q~ FJlloP.'eJ.ClC:)P.'I'::I 02 ~ O,....~tI')C'\C..OO!'
-' C~ ~...'W 'n PtOln.o~
-( 0'1 v,,-. 01 o..lyloeca~ DEXTERITY:
'..! 06 Graeu al RI'I.lrn.'(I
'" 'JJ O~ l "'....JI!d
11 :":,,,-,!,,~....O'! '/I .~.., ...""'~
10 tlOlm.ll
I)() Unkf"lQlW"
1q O"..."c)I>v;,......
AP!>E.lP.lJooC E: 8~ SUSPECT WORE: 81 "....M
CI .... ~...... 01 Sk.,",.\Sl'l 01 &ut.1'
'J1 " "...-et 01 SIOCkllYJ ~y 01 Ptol.)nll!'~
~J ""r. ,...... 01 H.., 2 ~~ ::,;:u'
a. /.~"""''t O' W'"
'It; ?'!t C~rv-.t ()~ Ant..1'1IC
1'il .#...- ~.-C- 'l'I E'''~t~, 06 c..o...A/<:.aIm
01 Untlor'" 07 N"...",
"J') Vn.f'lQllllll" 00 ~A')W"
,q Ot'-,~'W:.,....-. ')q O"",,!f/~'\Cltbf!
10
1311
0.." -:)
/
e
o
Social Secunty Numt><t,
51.11e
O,L Na.lSlAle
So.o-, -2 I>JI.A:
OHAIR STYLE:
1 ~; ~':~~y
OJ Aho/b.cshv
O (I..."",..
2 ~ r....
~, O.,.,G
01 Sl"~>>~
04 CII..""""'l:IJt
00 U""/"lOWr'I
'1 On...../~"'-='~
B~
;~ ~.-~
D ':IJU""l"I(JWn
1 "'"J'~,./"""'''''..
D2
81 UNUSUAL:
'J I BtxJ, 0lJ0f
j1 Phy\.ColI h.v'.""'-lQ
2 ~~ ~~~~co
~, E"emV\,]t~/';J1
'l. ~<<lf'"
':I) Un"l'"oQ'llIon
..~1 0'.....
AM PUTE E:
(II """
C~ Aim
OJ l.t.oq
~4 ~f')I?I:
';5 F,",'1-"
10
.r7J
AoloQned to:
'7/2
'''''
l+-
Ae.ldenee P""".
1ltI,,""U Phone
~
~~
RelKHnce Phone
(q&-/[ )35J--3.l,~
lltI"nus Phone
Ao""""". Phone
e.n."... Phone
'ttC-1,cerat.d
-~
o Ves
o 7lO
O COMPLEXION'
1 01 r. q1
Ol~
~J 0..-
O a'~,
2 j~ "'-:11~
06 k.......
01 P':r...-.....,....;
I)Q ""_rY,..-
91 ~ >V.l~
0'
02
SPEECH
01 P.t:.-:
J2 l..'1C
)) -;""J.,,,
c, ....... ~
:~ "1' ....._.,...'.
,';.oj ::tlo(.l,
.' 50"
:~ ~--:,.._.
;~ A.::_.
,() '..., -..
.):) /..,..~
.~ ~.-... -:.o--v....
Aqe
AulhOl'lly
01
o
01~
D~
1
2
\
~
~
laney Of\l Number FL 0110000
earance ode [QJ ct,-;ame
o Open 2. Excepllon.' 0
,. ....".Sl 3. Unfounded ~-r-
Exceptional Type 2, arnl$! on pnmery 0Il.1IM
" Exl,ad,loon Secondary OIlenl. Withoul
Oeellned Prosecution
larrIUve/Supplementl' (prtnt Neatly)
ct' ~l!criff ~Olt J:IUltter
,}Jq'. Collier County Golll, Complex Bldg, . J
3301 Tamiami Trail, East Naples. FL 34112
Tel hone AC 941 n4.4434
lode
Change . . To
-,
Offen.. Changed To
No
] CONTINtJATJON
o SUPPLEMENTAL
On OS/22/99 L D~~p, Rapit131'da along with Sgt Lee were di~atched to Sugden Park
. . . .. ...
t.... ) V on . 111 rl~ Cl'cnce 0 a l~ anee C" t. W C 11.1 . eel.
J
Upon an'ival I met with Gut.soy, Jvhn., who WOtKs fOt, the Gulf Coast Skimmet's. Sgt ue
mad~ cont;.Jct with Collier Connty P3rk EnfOrcement 0 cer :met e ar~.
",'11~ <d'~h'ct th~t !l:hp. h~ct r.nmf~ II hp.hinn twn vphidf'!l: whi P. !l:hp. W~!l: 'n thp. ornr.f'~!l:
of closing the park and informed them that the park was closing at sunset (2012 hrs).
-",T _ ," ~ . t. l'
6 & ~ , 0
them e:<dra time. Gursoy stated that he would need about lOminutes. .~ this time Sell31'~
.. -
e area 1
U J
still there. SellCll'S stated that she arked her Park Ranger vchicle behind Gursoy' s
vehicle, the equipment, and the loader to wait for them to leave. Sellar's states that at this
. .
speed, putting her in fear that he would hit her. She states that he then stopped the loader
. L .' . .. . ." '
by not giving him time to get all of his equipment out of the area so that thc park could be
1 'd,.... '. d l.1.. L: . to t. -.! 1'" . loL Lt. -' . t...: i '.! . I.' · . .!!-_ L'
C OSC . ~m,)oj' ~lC1~ U1M &.US ~'Vne ua", ,en Wtlu LU<Otr VemCle ana a JC..-3K1 Bfta .....01\ 1
home. came back and parked it \Vhen he tried to hook up the rest of the equipment to
.e orne, e ve c e W()U DO S
the ark and retrieved a front-end loader and brou it near his vehicle and the other
equipment He then pt'oceeded to hook up all of the remaining water equipment to it
, t,... . UT t,.o" . co
had returned and ~ere able to take. the equipmeD:l home with their vehicles, m~g it
..,
stated that he raised the bucket on the loader so the headlights were visible, b.1rned it
31'OUn om w ere was an e owar e b
wait.in2 for him to lcave. H(~ said he went over to her to tell her that he was uttin~ the
loader back by the fence where it was parked before and she refused to talk to him.
. c-.. Q n . ". ft ,"P d .... ~ r.-
b~twi.:~ Gnrsoy's gro!.!p and th~ Colli~r County Parks and R~cr~atiQI1 D~m1:m~nt
5'
(')
Ci
~
..,
z
S
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~
Assigned 10:
P9.
101
NOV 0 ~ 1999
=f)RM ... ~ ~~~==')
~1=~ORn
-larratlve!Supplemental (Print Neally)
0'(\ 5 - J 3-qq
~ SUPPLEMENTAL
e
%l!criff J30lt ~-lUlttcr
] CONTINUATION
gooey Of:ll Numbe; FL 0110000
Suspended
DYes DNa
0.+ OrrY'OKI' maklA-f db2l& hA)Ll(~.:r- ~s
o.y'(Ln1~o I)leO 0. S lN6( Y) .5~k~vreV1:t- -Ar~ Yv\ h~
=-
(')
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9
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c-
Q
Agen
No.
"
,
NOV 0
ASSIgn. 10: Pg.
_..,--*--~_._'--'"----
)FFE~JSE'/INGIDENT REPORT. A
w
Alre" on Promary OllenS<!. )
Secondary Ottense W"~ou' 4,
Pfo~ecut'on
Oealh 01 Ottend..
VICllm,W.tnuss Refused 10
Coope'.1Io
5
6
Prosocuhon Oee"ned
Juvenile/No Cuslody
~.
EXCEPTION TYPE
1 Extradition
Declined
INC.
CODE
Igency ORI Number F L
CLE.\RANCE CODE Ollense t
W 0 open f(5l
~ 1 armsl ~
~ 2 ..eep'Klnal
<( ) unlounded
W
...J
U
INC.
CODE
Ollense t
1/.'20
In Service
16 5tOl iJQo
11 GoV'I, Pubtw: nk1Q
I a 5GnooI.iUn,y~o;.lly
1'1 J.lIltP,,:cn
Goo
~o RflhqlOus e1dq
21 A"Dl1r1
~~ OU!loIR.ld Term,n,)1
:!::J C,)MftuC1fOn 5".
~4 C:t'lft( ":llt,ClU'"
~S PJ,Io,f11l:L'G.1fdql
Z6 Hotjl''''' l';' ~O,kJw'f
21 P\fil.W"lOttl.1'ld'\.~...<tt
~8 \..)"'",W,"r.r.....'t
~') ~AQID' '!.:",c.:.t
10 ')11'.", ~OF).I~
')1) tJtP'..."
~
J /1" 30
De
<( II. ~ 0
~
<( oe,e 01 Re r1 rrlval
a Icll
I- Locellon Type U. HOlel Moret OR BJ' "<11'11 Club I~ Ol~ ")IOUl.Hoso,t.l1
- O' R~s.dftnc..S"\(fI" 05 ConW'"wt~., $1Ql'. 09 'iUOli!'f'm"r.ut IJ BoIl'....F',nlt'lCl.lllnSl
- u2 AIMI1",e"1.C.1MO O~ G.l~St.'I>on 10 Ot"'Ct Ol~ount 510'0 .. CommHlclaLonCft 8;oq
W 03 Atsld'l"ICe.OIh,w ~, LIQuor 5.1:('\ 11 '3O<<.",ny 5101'1' 15 IndO~trl.1ltMlq
>
W Forced Enlry lliJ ,~~,:~.pon .~5 1(~.llt.Cu"I"'1 10 F,fu.lno,ncl.:Jrv
In''.II'\I,,,..nt 11 fhro.."lnllfnidOlllon
? ,..~ 11 H~f"\Oqt,;n llG BI...f'Il Obtecl l~. S,mul"'ed 'N4IoIoon
1 V~, 1: R.tI' 07 H.1l'V1s..F'5ISofF~1 11 OtUQS
1 No ~J Shol'1\,;n O' P"""" ~8 Un. now"
O' F"",,,,," <)<) E.Cl'o-sN'" 11 01"",
~
. Pr~ml58~
Q}
· Oltend.r~ OJ . ArreSled
[]J
HAS COn'acled
DYES
[QS NO
N.m. (Lasl. F,rsl. "',dC!~ or Bus.ne...
o.le 01 Blnh
Age
Re'SldenCI Phone
ex:
UJ
:J: Addre,. (Slreel. ApI. Numb<lr)
o
a.
W O.IIe, Conlec' InlO, (T,me Available. Employee, OIC,1
ex:
C,ly
Zip
BU,ln8S~ Phone
<(
~
<(
Q
~
2
~
u
:;:
Synop'l~ ollnvolvemenl
VlcUm Type
O. NJA
I, Juven,le
2, L,E. Oltice,
J, Adull
4, Bus,ness
~ 5, \,overnmenl
<
a
Dale 01 B,nII Age
<;2.(., -5~ 41
[QJ
o NOM
1 Minot
2 s..rlOUS
) Falal
..
~
l-
t)
:;:
07, Loss 01 T ealh
08 Burns
09 At)bf31'Sions.;8ruises
Olher
Vlcllm Type
0, N/"
1. JU'W'oI!r.de
2. L E Olliee,
), "dull rn
4, Bus,n'5S 6, Churell "2
5. Govornmenl 9 Olher Q
Addre,. (Slreet. ApI.
-~-03
o Non"
1 MInor
2 SellOUS
J F >131
o
Injury Type
00 WA
01 Guns~OI
02 SlabOed
0), Llee!Jll0n
04 UnconSCIOoS
05 Pass arc~en Bon~
CIi Pass. Inlernal '''1\.1
';1 lo...S of niP'!
:.e Si.tmt
09 A.t:iOf.ar'iIO"S. 8'u,s.,
:tic",..
VI
VI
W
Z
~
~
del.
16 BoylGlfl Friend 19
17 Friend 20
18, ~lo"~~IlO' 21
Ol'e 01 Blnll Age
o' 2.~-15 J
S,ner. Ooy Ca,.
Emo10y~'!
En-ploye,
QQJC
tff
Aes'dene~ Pho""
(9L{J ) (0(/0 ~ COt(:;
22 l..1r.c~Ot(j. Tunan!
23 ".ecuar"!lnI3nce
99 C~t'<p'r Known
Clly
Zip
BUSiness Phone
Slyle
: CotOf
,b~
Lv\.)
~s\
"
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0 Slalen VIH, No,
W
...J 0
t) V,clom
X Condllion
W
> SubJect
1.0 001
L.,.,,5~~
10\)T' In
epartl
[:\
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i Repo~~Q ,;t, 4'-( d
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N011"~
10
,.---,
,....,
&ON:INU~~ION 0 SUPPLEMENTAL 0'~' ~l!l\ri ff DOlt I-I l~_ltt~r,
, .- C"llIer County Govl C,)mple. [3l1l'J ,.;
, FL 0110000 3301 T,lmlJml Trail. E,ls! N,lples, FL :\011 ':!
"l!!ncy OI~1 Numoer _ T.~lphOno lAC 9.\ II 77'\,01.\1.\
earanee ode [Q] Viell ',Name / ~ INC Code \
~ 0 Dilen 2 E.celll,on,.1 0 ?li1.e: /,.. ',/,,\ Change From
'1' 1 A"ftSI J U(lIOIJ(ld~cJ t ~ r I
~ -
-( E.cepllonal Type ~ _'''''51 on P"m,lry O"""5e Oedlh <)f onender 5 P,osflculiOn OechneCl 0
~ ,E.UOldlhor" SttCOnd.:uy Offfl'nse WIthout .a V,W Refused 10 6 JI,vflnlle,No CustOt1v
.J Dechned Prt'),;ecutlon CO"Ptt,.ll~
'1-
=~(r0715 -<-I CJ ' l
D,1tf! T,mo! c; / d
I 5 2i...J CJ) I j ; ~ 0 a..M
Suspended
o Yes ~o
Offense Changed To
NarratlvelSupplemental (Print Neally)
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CCNTINUATlON 0 SuPPLfMENT.l.l
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COlLIER COUNTY
NAPlES. FLORIDA
@
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Se. Dale c4 B1rt/'l fqJ Raudence Phone
m ( )
C.ly Sial lo ~ Phone
40 (ql-l/ ) o77S-crf7S
Race Se.
W m
Sod<ll Secunly Numbet
Slale
Where
)
AuImnty
~
IlK.
OflenM IndlcalO< 0
I ., 38n1\
1 <2
Coly SlalO O.L No.JSlAw
Nlc~namaJSI'eel Name
CIoU"n9 (Or.scnbcl
s.:.,,'llUr~J Taltoo, Iloc.>hon/00!5CI'0<!1
0( Su~ -I AKA:
"
0(
GUSSES:
~, ~,~,
':2 .....'0'
CJ p~
;.. w..,,",
;~ ~.,..,
:1J U<""/'Y)IlIIIn
f'1 ~/()l!'tc'~
01
02
FACIAL HAIR:
01 Clean~
02 Po~c.h 'uu
OJ SI\A:l()leJu~n
04 FilM t:>eatd
05 Uo.1lee
~ ~u."lac""
01 Sll(k(ly'~l\on'J1
00 Un_l"lOWn
99 Otr-.ef/~1Ct'be
BUILD:
~:~ I/~
04 F.1I1~W ./
~:=n/ 2
']9 Qlhcfldo*:i.o-.
D1
D2
81 UNUSUAL
01 9rfl,.:.>>
02 F"-.v.. ~"I.1A't.:...o
2 ~ ~=C~
0$ E~U!/ra;....,
00 I...,...
00 t,.nI......,."
')9 :.,..,
OHAIR LENGTH:
1 ~; ~
03 Cd'"
O O'~
2 O~_...........
oe 8old/_
OJ lJnIr.nQlIliItft
9-1) ()fher/~..t~
%
Q TEElli:
\~ EYES 01 01 Cold 01
~ I 'J"II!' ""'''I''q 01 Ch~/IJrQlloen
':2 ....".,u. 03 J.A."wq
~1 .....;:'":1~ 04 G.lOC'd
C' 301;0..., 02 O~ F,I\ff/C..OOl:O D~
.. "...., l)6 Prr)UVdI~
.~ .... ....."'.'\011 01 O"ly'~.1~
on .r. ",..,#,;.#'1 O~ 8f,x:u
.. ',; :~i"'S('IDo! 01 ~r'l'""t'llll! , ,,-
f '0 "",.."" ./'
00 IJnM.lY.JW'r'l
'lea O'~""""''-C"~ ,/
,Io;ilEARANCE: B SUSPECT ~ORE:
:. .....W':...., 01 Sk."",.....
:2 o;..,/...,..ttfT()1 02~klf'Q t'1'\19
:) ....."","""'........ ......,,1 H.\I
:.. ..,.,,~~Wt - 04 Will
:r.. .....,.,." ....... o!t GIo~"
i") :-"'ftJl!!\Cnbft ~ ':" EJtl'""lS 1m.a~1
~ OTUmlOl'rn
00 Unll.nt)wn
'l~ Ott-.t''W''',..,...
z
i
Q
0(
~~~~~
Q~ l t\olt"Q"'lJ
81 BEHAVIOR:
Ot 8tUlal
02 Prot;ane/~
2 03 Nt-f'oO.JS
04 Poll~
O~ ""'>o<r'c
1)4; CooI/C.II""
01 ~b"""
00 Unlu''IQ'IllIIIn
'19 Oltwf/de-.:,1bP.
10
D,s"
01
-3
Ra.-.c. Phone
0uIIne.. Phone
Su~ -2 AXA:
ONe
Whl,ro
Iwlhocdy
DYes
OHAIR STn.E:
1 ~; ~~_y
03 ~"'....,.,
02 : ECV
01 s.a..~ .../
04 c-a../
oo~
;p--e.-,~
AMP\JTE E;
01 ......,
01 ~Pft
OJ loq
"" ''''''
()!) ~~
9~ ....~
00 i",Ir"..,...,.."
99 ~,'~f~
COMPl.EX 01
01 r_
0"
(lJ
Q4 0
O.
0tI
otPoc.ll.~
00 lJrMo:loo<n
99 ()fhr.or/r.tI"'KJ~
SPEECH:
01 01 R.lpd D1~
02 l...,
0.1 r'Jf.I"'lI!'
04 lu-1r.........
02 ~ t..1"I....."fT'Wl.l\I~ O~
Oti n...~
01 Sd1
04_
09 KCt......
10 """'"..111
00 '-"""'-'
'n "",,"/~h~
B~ 1J\
-S;
~
.J
No. \J\
"
NOV n 0 1999 -.l-J
-~
Pg.
~v OAI~..
>~triff' IS (l}ffice
COLLIER COUNTY
NAPlES. FLORIDA
~
.~
. -. . - - ~ . . -
..Ir-r-C:NSC ; j~~UUEf~ j Ht:.I-'UH I - 0
i
0(
a
[~?':j.9 t.(. ~ -7 l
O~. ~....
CA..-e4 ~
atlllllCllI4 L.::J
EXCfPTlON TYPE
lEd adlIlan
1 ..,,... on ""lI'ftMf ~ ..
s..:cns.w., CII...... WIII'P'oA
...............
l 0...... Qot_
t VC""'J~'" ~ 10
c..-..
~ ""'-"... 0..:_
. ..-,..,"" c.._
EXCfPfl<:lH TYPE
De.. allne....,
TIme
Oey
HoAl
loc:alloft aI on.....
;!
0(
Q
~
tal
>
.
17))'
ReUted InCllH'" __ >,
.0 /7- 97
Dele aI ~
)-11- 9 r
17 'I')
OI_ldl
7 '-I!
......1
t.oc:.Uon !'rIM
01 ....wco.s.Qo
02 __/c.or-
03 Ao_ 01...
~.,.. -,.'",e
04 ~,.... ue lWl_ 11 Otyq s..,e'......,.I. II Sbooo 2O~llo1Q H Otrw 'SII..c"'if' 18 " .,..,.........,
O~ ec:.r..r....:e Store I)q s.-_.. I.) a..w.'J'''-'C'''InII \I eo. tll'\Dc IIIdII 1. .._ ~~ Pwti...lal/c....,.,. l'I""""-"
Oll e.. 51.- 10 o.c.. ,o.clN"ll ~ 't ~/0If'lC.8IdQ II _'U--"'" 11 _1\o?i '-___ ~~ ~:=t__ 30 0..._
01 l...,,_ " ~ '\~J " Joo/_ l]c..:r.~~ .... 0...
Type w.ec- ~ .",.,c".,"V 10 ,...,Inc:........ HAS ConlAcled
00 HIA ....- 'Irtw...'~ 0 .~ (g . ",.atecJ g]
01_ /)1\ .... 0Il0a<0 I~ _tOll__ YES
02 _ 01 ........"..."... 13 0...;,.
OJ~ /)1\- UIMO_ Y NO
o. F....'" 09 E.~. " 0...
or:
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at.
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or:
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NOD
:
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YIctIm lWellonehlp To Qnendet
00 HIA 02 s.__
01 '-'-_ 03 """-
o
Ae-.ce Phone
Iluelne.. Phone
01 Lou d T....
oe ~...
oe Al:I.......'.~1
'" Oow
A90
Aeeidenc. 1\118 0
o HIA
ICJlV 3_
1 c.o.rov . 0.. ....so..
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fmployef/School
Q4 E..:soo.-
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01_.....,_
oee....
og $lao........
. 0 Saao <:hoId
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'1 0...'_
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lOE_
~, E_
'1 ~_,_
23_
99 o.r... ""-'
E ,e Color
Dele aI IIk1to
Ne_ l........l.&sl. F...... !.lddlol
Aeeidence Phone
~/EmployerISdlool
s.:.,,'~/ Tal100e Iloc.alcn/Oe""'~1
PflClf'E RTY TYPE
SW\JS DOl.UIl ~UE
COOE
11
~ COLOIl
NClCIFOC EN1llY: BY:
0e6e1T\nw.
V1H. No.
~ 0 Sldon
\i 0 Yam
Z
J 0 SUl,oc:t
-.
DAMAGE
CODE
o
Colot
'""1
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(7
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i
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.,
NOV 0 9 1999
V:(
PQ.
:;;NT:r-..UATICN
o SUPPLEMENTAL
Qfll ,-,~
V1cUm. Na....
FL 011 0000
tJ
Na.... tWSl. F,~I. MUll.. at eu.......SSI
Cue.
~
VAMl k
Name IUsI. F,~l. M""'le Of OuSlncs.1
K AJ2 S JC f:4. Ai
Ilddrall (Slre<!1. Act Numller I
.. 6-0 /'J l.4R-rL
c
Subjec1 Code
A ar~sl
Heo9"1
OcCupe_1 ElllClloyet I 5<1\001
NIc~nam./Slr..1 Name
5<...J....rulT.IIoo.llocallon/Or.scr'bel
~qeriff!5 (l}ffU:t
COLLIER COUNTY
NAPLES. FLORIDA
e
S (20
3ub1ec:1 Code
A ar~sl
t~hl
La.1 I(n_n Ildd.... (Slre,,1. "01 Numbo" I
Oc<:upellonJ ElllClloyer J 5<"001
Nlckn.meISlr..l Name
Sca"JMar~JT.lloo. Ilocahon/Oescrobcl
SuIj)<tCt - I MA:
CLASSES:
0' ~t..,
02 .....'7
03 ......
04 w.~....
g~ ..."...
00 Uno ...--
gg,~'~rotloll
01
02
FACIAl. HAIR:
01 CleMt""""""'"
02 __ Iwl
03 5...-,'..-.,
o. F'\.il bP."'"
o'!>> ea.,"
0'1 .........,..,
01 ~ns lIor"W))
00 Un-I'I(lIoIlI"
91 Ottr.t I ~'tC'W
EYES:
01 ()r-."""vr,
02 CI.u.,
03 c.o.-.
O' ~"l
O~ So-"
06 ""'''''
00 Uno...,......
99 OtF'litf,')Mt'JrA
TEElli:
o I Cold
02 CtI Itlf~en
OJ r'S~
I) G.l0t-d
",~ ~.IIS'!'IC"OQir.'(J
rJfj ~or'UOirq
01 o.,lf'Oeoc"~
BroKe'
....,.,..ro.'lI!'
~"'1T\iI1
lJrIknc:..on
f)""""/~'\Cnbt!'
SUSPECT WORE:
01 SIIIn'\.Uk
1)2 SICldllnq "N.
o 1 H.I'
0.. 'Nrq
~ c_.
'jfj E.'IIWQ I""'.'
01 l..Jf"do'''''
00 \,Jl"Wl.tw1*"
"n ~/""tcr~
C t.I (,,/1/ ,.q Al
01
02
8~
10
0.0<-
)J4 Pt,c.r-
e>1N6-C;e
Offen.. Indoc.1lOl
I .. I 3 Born
.~
C,ly
Clolh'nfJ tOesc"bol
l~.] 0
Z.c
Pc.
q 114
AlJ'I
<(I( 5"t.(
5 ({ II J
o
Soc~1 Secunly Number
SIal" D.L No./Sr..le
OfI.nM IndlcalOt D
,..., J ~
2 <2
Ctly IaIQ
R LENOlli:
o I Sh;Jft
02 E.,
f)J Con.,
O' ShJo.oIotn<
M~"""""
()O\ 8old/bollOwwl
00 l,Jf\kMOwf'l
'J9 O!t..rJdf!o1oCl0e0
BUILD:
1)1T'h",/~
02 Me-dun
1)3 I-tIe.1\'Y
l)4 f..lfob!SoC!!
~ Musc:.ul.w-
'll Unlo.rcJIrotlln
71 OIhr.r/tjCKr100!
OUTERITY:
'j' Rh.;)I~
'11 \. h;],l"i1~d
BEHAVIOR:
1)1 Stut.ll
.." Pr~.1/1O'!'/~
'n ~Yf"IlA
..,.. ~.ll!
'j~ AnolorJehr:
.~ eoc./c.JIm
',1 Nnfrn.u
'J') \JnII.nowf'
.,... Oftw!lt/de..:fC>t
01
02
B~
01
02
8~
{ 71'1
J
j'Tlra'oo
HAJR STYLE:
0' S".q-l
02 (;...1y1..."y
OJ ",,.,/b,.,,..,
Q4 p.-,., '...
~ 1'.4
005 D>'!d
0' c;IU.....~
VI' ':I......-:u
00 1,10 ro-"
n~/~',,,..
r,r"C~1 "-1T'C>e4'
I )'(,J},-/<;r,;
10A1I oIf77 . 7 ~
~
J
R..ldence Phon_
(1t.(/ )'1J J. 0:>7 ()
au""".. Phon.
('ii./J )t,</9 :J1Jy
Re"tdence Phone
( 1't I
) '7 i( 1. 3 7 J ~
aut.neu Phon.
Se.
AuU"Ot1ly
fqJ
A..H:Jencl Phon.
Busln... P"on.
W!\erc
Au1hQt1ly
o Y"s
DNa
01
02
COMPLEXION:
01 -=...,11.."
02 "'~V"I
OJ 0.1'"
0" Ro"O"t
/)~ F,le,......'
C6 Ao:....
01 p..)(Io.""'.II)~
00 u,.....I"W')oo,...
91 Otl'w..'f."""V;tflle
01
o
AJolPUTE E: 5PEECIi:
?' ......" 01 o. R."", 01~
Ci .".. 0: Lo'"
C) ~.., 0) .,..,.,I.)""!
0;..0 'F'J.A ? l:No'~~
~~ 'F,,,,,,~, 02 J~ H'I.,jl"."""-''''''''' 0 :l.
it:. ''''~ C, R.no.
(r. ,j".rv......., or 50,,,
~1 ~t....., :\f!'S<:"Qt!' OS :<nO'.c...--'
0) Acc'-.....!
'? h')rlT\d'
00 Ur'llH".......
,q f)n'''!'I """'Vo' c~
UNUSUAL;
" ~ '!I'-.-: t '>>C1t
,0;;, >..,101':.11 ....lrd~D
(..; g......'"}In;r
c... :,....... "':JC.lCCO
~ ::~""'''''''I'PI?oJ''
~. '.-",-
v:.l".~'"
"i;~
B~
Agend
o.
Z
l
....p
-J':l
10
M.qvl<llo
Pg.
P-oqe
7
I CON"7"INUATiON
ency ORI NI:;mber FL 0110000
o SUPPLEMENTAL
o
~lll'riff Dl1lt I;ulltrr
..., - -
IrL:Ct-lr"~ 't1,.lr[:.~r
~
_J
Otfense Changed To
To
5 ProsecullOn Declined r<==l
6 Juven,le/No CuSlOdy LL.J
From
Suspended
DYes DNo
arrallve/Suppleme'\t,~.rr;{1~l/Y)1 .\ V '\ _I -Uhl ~ T .\ PP R ('I V t -hLR r.:rn, r R r.,pCI'Nn 1-';' [) T n \~ f'i (';n J;.....i
......, ........................,_ ... .., ........ ................,.._ ....._ "'_'.~.,... .........-.J... ....,.............."'-.. .. ",II ,.... .~........._.,..
['.\R('~(.\.\/,\L(Y?i. L.\f:~[) i:::i Ru CRC:Cr::rD.-\. D(STGl~.D,\::(r:. C.[':)~j- .\~U.C'/. ...
r "1' V.,,~ ('0.' '- :"'1" .\ c....r (\ rrr, [ . r"UT' ... \ nK n .\ "\. rG",",n H11"1 i\L' "S' r L n \ \.:" r"q-n \ ( \ ".:. r r
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ORCi/\l'i1ZATION. TFF (jtJr F ((lAST SKJi\fi\,IERS. APP.t\ R.T0fTL Ynn~
ORG.'~'ilZATION liAS SPLI>>T INTO TWO Du.t.t.~(.ENTFAC:llO.~S ..'0ID BOTH
',r:' ',-"',rr:'C"'r:"r ~ r...,..t'.,~..'('.. ~ n-r:- '.....,..,..r ,-r~ ~ r .:' (\ 'r ,rr:\.r/~ .,trrrrf r:" ~\ ,-"( r ,,,,\..,...,~ ',:'.n
R.-\.~Cr'ER lVL'\..P..SH F1TR.TH.EP~ STATEI) TfHS IS A..N ONGO[?iG PR(\BLE~':[ :\.>1:.1 rr ;..':l
~.- -- ..... ._,,. - .. -- - .-....-. ..... .... . .. .
. . . \, . .
. -_.. .... ..
.. t .
n.'-''''rl~''' .1..,.....,.....' '" 1".,....r.....E ''''T''-''''('I ""'Io.['-r r'tr.. '.r....rr I~L.Ur-r) t"!'''''r roU""":'" .....If ,..'''''''...... ~'('., '\ '....rr..... .....
i.~t.~UL l:..lJL.'i 1.tl'rlt.t.=HJ.J'~'l Vi' .ll~U::'\~. .t1,\YIlIJ U i,-~\r( L'H.'L W,L'ILE'I\..J
1..L.LL":. iai.i..L..L'/
{MADE CONTACT \VITH 1.1'. .A.l'fD.ERSON.#. L T A.NDERSON STATED HE L'S
AWARE Of TI.IE PROBLEM W1IATEVER TIIE PARK RAi'TGER WA1'l-rS DO~'l"E
n1Tr'1'd T'IE........,..,""l T" ""n1 TIT........" n '" ,,"
...... LL t. t"C.i 1[" ~ ..~. t:ll:: (",
'C" F)''T:"r'''T~' l~ -r'~
c:rTPPO"T unA' n A l\.T~ER AX ^ n C:H ST A 'I "ED fIE UTO'JlD UKl:' THf:;' pt.;'noLJ:." Tn
..~'\.I"''''' .I.'" .1..l.1.J.\".l. l'\..ru.~'to...I \" l\L.U\...., ..., .i'\... "\J u..."..u........ AdV"", "J 1.,,-
LEAVE, fER REQUEST OF-WfM-{jlJRSOY. TIlE PEOPLE \VEFF !\.S KED T(
LEA VE, \VHICH TIIE9.{ PO LITEl Y DID.
f\ ~ vir.
\~[[LL BE FURfHER fLA.NDLED C1VIL COTJ1tT.
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-I
SWORN STATEMENT
'-I ') ) ./. C;!I .
..:> -'J...." y' 7 I
STATE OF FLORIDA
-vs-
NC:":"le
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M'{ c:.:....r.-.i~:icn ~::Ires:
C~:;e No.
Collier C nl~~IJf.liO ~::4999
.~CJ. <fY
. -.-J
SWORN STATEMENT
Sl,~);) y- 'lJ
5T A iE OF FLORIDA
-vs-
Ncme
J eJ "1"~ ~"frlA-..e..s IJ. S Ii? .
CCTe cf Birth
cJ <!!-r- .? <:I I I ~ 'S1,(
Suslness .~c:::ress
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TeleGhcne 7.y~ - '"1 '/ sS
:":-:::~e ~c=:ess /? ,3"20 t..;/:. S#.Irt-o.."/J.-A! l).I!? .tfe>N. s;.;o~ r.
i eiecncne <;'S-:;:l- J:;' .1 r
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I "/ ~C'l or rYlk'7' .
/
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Co~l../ ~12
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~~ /P F~.R""".G4 By /,.rf( S""A$.4. r#~~ T#,G 7I.Vot:' F~~n~s uP ~.c !:.<:/""..,-,$,e.J
(WHO h'AJ-I1 /1 ~/I//~ ~t:t r7pA/ ~c.JI.v IS. eJlV) /JA~ 7' /7'# i/'.E 4- P,l2.I,).I/J~6..- THif
f3//eA//,v ~ --?-r -r--.#t3' S" ~/' A~,f,/. u;>):;ht-E jJ,4..r,tt:2..n,,~,Ao.I~ t'lr'b ,P~~ ..r:.. .c?~6
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f7~ 711&'5;;' orh'~,I2~ jrr>)36 /?.G/hD~G~ F".Il",.. c,.#fi S-.4-.--Eot!. ,,4./2/,.4- #/hI~ r4LE
.s.""'. ,8..6 t!.4~l...ct,), r O/.l:J c;,,~,- d ~~,c/C!C.l) CVL~;LJ ..-?-~.e/v.GC:J . r ~S.;l:"Efi) r6's
c)r/lSA..J 7rJ j:.G~6" A-r 7/l.G ./Jl?-tPv,Csr o~ yR'~ S,.,!:,n-o_;&':,,<2 j).,.9,ES. to,7/1 17-/E
A/2) or THb C)rj:/C!.b~ m()5T J.&,.t=r- SC_b S?:;-yE.tJ Yc;) /?'f..4;C:6 ~..pe"g.rs
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r-lO~ m~.
:~lS /7 v Lee.', -::t )07
# !7e/-?"v' Ca,-..I/ .1AJ
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, -:tl r
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.. A - . .....
\ I I . . ~
M'I Ccmmisslcn =.x::lres:
C::se No.
V. y9
Coilier Count Sil~t:rtr~I.::;:tic~ 1999
~CJ.~ S =-
""1' L..,:;~:..;
.
e
15-0'-25"- '11
0.....
-u
h1_i....~11. 'H_run I
.
~qHiH'15 <l}ffice
COLLIER COUNTY
NAPlES. FLORIDA
C _eel
A aI1empCecI
~y OR!_..
'FL 0110000
.l
~~
\~
d
M 1.2.15.6~
Pl.ce 0/ Bit1II
Ot2~r~l[), TL
~ Phone
(1l/f )1J2-05"70
C1.f~( COOl (1;] o,~
~ ~ ~~.". :J,N roR,tI14Tt",.,j t)NL
IlCfPnoHTY'f 1 ..........._,on--
I l..~ ~or'lMr, 0....... Wlffo,A
..............
, "-"",, 00<_
. _,'" c..._
UCI'TlOM TYPE
ll)o.....~
<< VIIt'-"/'MtIrw.. """"-d 10
r-..
Oey
TIme
loullon 0/ Off.....
.r CL 6()[ Ai ,.?J /'!LtC /// flee S ~<..
In Set'rlc. Geootec>hlC indicator ~ted Inc:_t ~'l
I'lLI J d J ~,)'2<1 '19'
D,V
I?JJ
17'1D
OI_tc:/l
/7'ti"
"''''''''
~ 5"- (7 . .:; C
o Loullotl Type
!i 01 ..._..~
. 0' __ICardo
~ OJ"'_ 0'*
ftepot1et'. sq.-l",e
0.. Hat..,.... "" 1M I NoQrO<:IAI a ~~~~~ II 50 OQI 10 ~ 8IdQ H 0.0... sa"""" 1. l_~.,
0' ea-..... su. 09~_ 1/ Goo ,,"'- 8IdQ 11 ...._ l' .....'" lOll..... ~--
oe Go, Sl._ 10 0Igt IO-:caoI"I SUe .. c.c.-.:..o,OItoc.8IdQ I._'~ U_.....'-_ ~, ~~- lO Oorw__
01 l..... s.., II - '~_, 11.'_ 13 Cana_ Sooo '" Oorw
Typo Wea90n O~ ICAI./CuftIl"lQ 10 '.../Irc....... HAS Contacted
00 HI" -- 11nw.1l1/~ @ .~ [Z] . ""..led [d
Ol~ oe ..... Otood tl _'..n....... YES
02 _ 01 t'lIndt/F.,F... 11 ~
03~ oe_ M __ NO
0.. , ...'" 01 I.Po...... " 0lI\0r
....... IUsl. FtnI. IoIddIe 01 eu-ssl
PI
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e CluCft
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.--
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f"'-.(,I- r 4-.:c.
s.:.../w..uJT~tDoe Iloc..obOn/~1
~
SERW. NO.
SWUS
~
CAn: ~ IlECOYERY
.
:I
~ COlOR
"$C. OESCRIPTlON I'u,. c;.o_. lie I
NC1C/FClC lHTRI': BY:
o.te/nn.:
VlN. No.
Colof
~
!.l
x
!e
s.a.n
~
It
,
S:::e
D
(71J
-.....
Lee
tration .999
NOV 0 9 ,
P9'~
Admini
,.
J~
o
GlASSES: 01 FACIAL W.IR: HAIR LEHGlli: o HAlRSTY!.f: 01 COMPLEXION: 01
01 So.I-QIo__ 01Cte",,~ 01 Shot! 01 $oJq'O 01 r"""q"ll
O~ ...."17 02 """""...... 01 E.. 1 02 ~J*""y 0' ~U'"
03 "'- OJ Sl\btlle/............ 03 C<loM OJ ,u,O/b-""r OJ 0...
O' w.. ... 02 O. F'~l t>--..rd o.~ 02 0. """... 02 o. FUl<t, 0
.~ ........ O~ 0001.. ~-- ~ Tal O~ FI~"~
00 u...___ De _ocno oe II>lll/lwk1n1 oe l>,.o 06 "',..
n o....<'~ 0'_'" 00 "",,.-n 01 $0<.."" 01 Pock""AI"""
00 Un' e'l o.r...l cInCI... oe c.....". 00 Unllf'lOrw"
... Ot"- 00 _" 99 OtI"lr',/()tSClCA-
BUILD: n Qneor/0l:'tc11Olt
E O' n..,/_
~ TE 01_ E3~ .....PVTEE: SPEECH:
.. EYES: I Goi<I 01 03 _. 01 ......, 01 01 R"oo 01~
i: o. Ono_ 02 ChClC)O(l/tl<....... 04 FlllObew 02 ~fft ~~ L.,.,
~ 02 C.... 03 ....""Il O~ "'-'- 03 loq OJ Pr()lolne
" 03 en.- O' ~_ 00 \,Jnl.l"Ollrn 04'''''' C. LQotIW'~
..
;) O' e.q., OS FMW/CI.DOe'd 02 7] ~'cte1oClC)IJ: C~ ....,.. 02 :~ ....",'~IIl!"PW'.... 0 a.
... O~ s....-. 0iS PtOCfUOU"Q ou;n:RITY: D1 ;~ ""'" C~ R."",
~ oe 01 OwlyJCleCoI."e<t ()')~l"lQrIof" 0: So"
~ _... 01 R""""""
" OO~ 03 Br-K'\ 02 L """'"" 99 O7'I!'f.'cIe'k'1C-. Cd ;""O'"13,~t
. gg 0....<. "-- 09 \,.<refy"'''''''t ;'9 A(;C'~I
t '0 Nor""'ll 02 ,~ No""'"
00 Un"'l"IOwn :N Un"'"""","
q9 0tnH''3I!..c~ N o!,...., ''''''v..~.e-
B~ SUSPECT WORE: B1 ~-- 81 ~~.c B~ 'fJ
01 Ski""""", 01 ..... 01 11oo:-, ode<
02 S""'''''l ""'.. 02Pt-oI""'J~ ~2 .......... 'I."",,,,,,
OJ Mal 2 ~~::-- 03 _/'lo"'9 l-.J
O. Wq 2 0" 0.. 'Db~co ~
O~ a_. O~ ,,-,e OS E"'-"~I.''''''"
oe EMflt"'Qll""...1 06 CoJII/c:.alm ~~ ~
0' Unltor"' 01 __ QO l,iw.,.."..,,,
00 Un'.,..,.," 00 u.."""" 'l9 o.r....
9'J ~.6t1C'~ 'l9 0....</<10"""""
10
~vN Iltjlj~j ;vN u ~urtUMt.Nw..
?LleCUL 5 ~ttlCt
COlLIER COUNTY
NAPlES. FLORIDA
t:*. .~ ':
.~.
Add,... ISIteeI. ApI. Numllefl
JQro./
~
.E~.elcl
0... Of Birth
OI/Mf ConleCllnlo. (TIme AViJllatlle. E"1)lOyer. elC I
Synopeio Of Imol..........'
Subtect Code
A attest
'*9h1
o
Slate O.L No.lSlAle
OcC\.IIMlIonJ ElllClloyet ISdtooI
N~~nameJS~INam.
Clothl"9 (Oesctlbcl
Sc4l.., ""'rltaJ TatlOcK lloahonJ Oescnlle I
5<Jbtecl Code
A arrest
>ieoQItl
Occ~lIon/ElllClloy., J5<1\ooI
NlC~nemelslt..t Nam.
s.:...J""'rlIa/TatlOoo lloal00nJOescrlt>e1
Su~ .1 AJ(A:
le>
\W>c)~N). 91
I Cele Of Repo<1
')- I 7 - q C;
le>
1
J
Reoldence Phone
('IV! ) 77,f'"-Z:Y/7S-
Bu.lne.. Phone
/')
Reoldence Phone
BuSiness Phone
Re.ldenco Ptlone
Bu....... Pllone
Where
Aull\only
DNo
Sa.
Ruldenco Ptlone
Buslne.o PI\on.
Who,'fe
Aull\otlly
Dvu
DNa
(CONTINUATION
o SUPPLEMENTAL
e
%l~criff Plllt ~=1lt1th'r
laney ORI Number F L 011 0000
r::;l V cllm's Name
1 Arresl 3. Unlounded ~ Rei IV c eTJ t: III
Exceptional Type 2. arresl on Primary O"ense - 3. DUI" 01 Offander 5. Proseculion Dechned I ,.....-\
\. E~lradllion Secondary Offense W,ll\Oul 4. VIW Relused 10 6. Jwen,ie/No Cuslody r)
Declined Prosecul,on Cocoerale
linen 22017
, '
To
Suspended
DYes DNo
larratIYelSupplemen\~rt~~A Y, 5-17 -99,1 RESPONDED TO SUGDENP ARK (A V..\LON L:\F-:I~) E'~
.. .. j .... - (" 17.1 _... ~-1:- .. t .. .
'...., ...J. .,
)j')2')A-99.
\V AS VI l\l..KING BAa;. TO Tff.E ENTRA.!.'!CE GATE OF THE Ei'J"CTOSED AREA
Ul. Uil:'~.f l\. w.tu.....N l · SUSPECT, WiM GlJltSOY: BACEiliD HIS TIU;CK lip
.P( n~'
TRUCK WAS COMING TO\VA.RDS HE!t
..... .I
""Tn' e'e"" ~ "'1' '~""!r.'.n IER'" '''~~m 1~HElR""T!T:"~ID.~rT m.......ID~T"I." 4-""'" I ...,\,
\.1\) L.C ~.Vl';') ~ 'tV U~J..lV. :" :U'l . rl\.C~ t:.I.~ 1. ~ l'H.; Ct'l. "{'F J".::~'+_~I'/)
t~'1') RE~~pnNT\E. r) T'11 C'REI-;-f\rn..rFn R j\,n:"n ME TnlIer 1'HlS 1j\rCICI1-;'o.l-r .\..:: ~ ,;
II ......1..., :.-.J...... ~L'. 1.4...L., .., ... t L";" ..... ...,-.1l.:.J..J ... _ ..1., u.,.., 1.':,1"' . ...') <II .....
1.U U 11 1 01~ UN ):, . Jh 10 TIiE ONGOING PROBLEi\,iS BETW~J:..L..j THE
NO ONE WAS lNTIffiED DURrNG THIS INCIDENr.
::J
(")
c:
(t)
?
z
5
0-
~
-r/
\,0 I)? J
\0"" ")
~
~
'-:l
~
~
Pl).
SWORN STATEMENT
~G,.}.~ ~ .. 99
, '
STATE OF FLORIDA
-vs-
...T(J)IIAI GC{,eso y ·
Ncme CIIE/lVLIl. h-INCi€TSEJ
,
, Susiness Accress toLlt;~~. yZ8~LC (~II. 7;e,;;A!S.
~cr.:e A,c=~ess /.]40 Em";/i.55j iN
Date of Birth
tL .eJb ,s,?
,
iele~hone 7lf ,577\:)-
iele(:hone 11.5"-tJ 97-5
wne. ::ein~.cul'{ s......eri.. ceccses cnc $C'I. s thcr en :~e /7 ccvof IJJ;::;v'
. I
c.:unry. Stcre of Floricc. !hct "JJ7..j d""(J4ff'R'. ~.e?h
: I u.)1lf.E, ST/JN'L)ltl6 IN .~e I9m,tJJllrr/l~ U/Am#6 F~ /J7fl #tI..~t1.fJJ IJA0/)
J(> t'J;mE FRo'" tI.Jt).l!.~, HI..5 F,e,EdIJ /lJ1J.e /0 fAI<J1)N ~A-VF 1-11171 A /21/J(. 7ZJ .,qc/G
tLf Ht..~ rlt.u CIC, r t./SElJ 1(1)111. :r ,4~RJ vE.tJ I:IEJ?~ @ .j~ '.30.. , TO'I;'; (?u..f'S<J;
I .
, .<3,4uJ 1/76" /AJ rilE /}/JljJH/7'lIe~ r: VE.eV FASr R...4AJ HI,s nile/{ ./)~uJ,J
I I
TilE IEEIlc./1 9' Pttlt.ElJ ulJ 7tJ ~flEelL 7)/& C'tJ.STtlmt7 rLA/lEl<" liE
l-
II/11M G(}/ /JUt tP;:: II~ Y8JI!/C(.E' / aJAL,K~tJ u..p mE' gLGACI/G~
-rC) TALK- 10 /J1E< J-/e A5'/ElJ /JJ~ ttJJ.lY .r tV!?) 1h'&eE c~ z:-
1tJ1../J JI/m my fJAtl6'f/TP/C -r- r 'VE~~ 6A1J~Y/N6' THe seE-AlG'IZy'
Nn-6: T am ;I} /JAIl) /lJEmlJ?~ tJ,4 1/ V~) 7J 7HG"' (f}ttlP CoA$/
f .
9;(~M/J1~RS, III IJ..fJ,tJbJ,X. 5: JltJJI'/JJV J-I/I.5gAtIiJ /)AVtIJ A-~/v'F.f)
r ' I
~ ~1/ALKGIJ LI-tJ -rilE J..G"I=T S/J)E .1tJ lfiE STAiJltll'Yl, I'Iif- j)AtJ/~
J-IA-f) Ii (J~j\lo{js ,4fJfJT .:50 HE N6G/)Gf) 70 LEAYE. D/lr/^ I!'
SAf?IlH VI flLKEf) .DOWN litE r;,eIiS5 <' T f(jIiL~elY j)i)uJN .rHE, .
I
. .
CIMjL ~e&l-(/
;..~.. ~9.!lL. irl tOLLIE/L.
~wcrn :0 en<=: sucsc:itec befcre me
:~is Q ecy of /lIc-'( . 19 f '7
06 rfcC(v<7~ C4(Jv/1/1J
NOler,! Put:"~e "Per F ,5.S. 11 i .10"
My Commission Expires:
Ccse No.
)~jj t)r9
SWORN STATEMENT
~IvJJ~'~9
STATe OF FLORIDA
-vs-
Neme ~('~ rYl:Yl \Zp ,\ f\E' r~
?usiness Accress J-e \ \) ~ ~ () e-J \
:-';c;.:e ,':'c=:ess\~O Err-t 'cn<:)~ L:1 V\ f>
'NriC. ::elr.,;.culy swcrr.. =e.ccses C:"IC ~C"/S ihc: en :;,e n..... CC'I ot
DOTe ot Birth 9..:.1 - ~ ~
ielephone ~., Q{J ~
ieleChcne liS-aCe 7S
rlk11). . '. '-'. .
,~.::::.. ~9 E9-. in CO) \ \e..r c.:wnty, Slcre ot Fioric=. the n-\- C:::;.~c.) ?m.
mlj mof.ln.o...r/be.rtj\Je'()f'~ )Of\C1 l ,~,*f'f_ ~d\d\f)J--
~ ~ ~:~~d~F~:j~r.C~~~~
'~j~UJ.:~'~:;:::-\ \~~E' \~;2 ~:;~
~, \lcd. ~d- 'j* dn-w.\ ('-f&: ~ \-Vor)<- m'j
()()f> ('T)f1- '" \ ~ C.O - { J. ')(?){'"\ J n ~ Vf\o rl D C a.~-()n I ~. l A. A. \~
~ J .
\~ ~ ~r~RS \\,\\ arC\ ~+o.~"',.+l\\~'r:5 ~~ 'f'0e n~
-rn~ ~er c.rr-\ \ t~.ere.. I Pl1.\11'0~ h7j Il ~\\~\y)rS '(rOtA ).n
~ hi \ tJy-O ~ --hrnf>. lAJE' {L X3. \ \-\ec1 ct OlAJ (\ -l::be
b.l)) jcnf\ cql~~ bo.c1 rr-&:d- . (:f:) (0)~ hrs -l-rl)cll nrn
cnfT1-l(\1 IW_ h::vU%ln~ f'{)~ 0norrk.'?-.~ r6 I,-C
C ~DJ~ k f\\otM~~
3,....cm :e O:::"IC s~i:sc~itec =-etcre me
:~IS I 7 cc'( ef 1'1c<.f.( . 19 ~ 1
;;~/A,-J Cuc~/'r1!'l
Neler( ?uC'.k "Per F.S.S. 1 ~ i .10"
My Commission Exoires:
C~se No.
-.
n~
_~__._____~_..,..,.'.'_.._'.M._____._
-. :
,'~I- ....,11.
u
, ,
\gloncy OAl....-..
i uc.."'" ""
a 'I"~
~qtriff' IS (l}(fiCt
COLLIER COUNTY
NAPlES. FLORIDA
I ~""Ol""'''''''''~-
s.c~, 01--. 'fN..-o.A
.......-.-
710/'1 oAlL,
, ............... o.c.....
. _,'" c.._
OIIleel_
1'ltM
l(lfo
OIec>eCdl
J'7<tt
. { 7- 9 'i
011. ellIepoIt
~ )'-(7-97
Q Loc.- 1'rPe
~ 0 I Ro_ s..".
. 02 __/COIwlo
~ OJ_O-
1lepof\ef'0 S6gnlltllte
o..a ..-../.....
~ c.o.---.:.oo su.
oe Goo 51.-
OIL__
08 lIot/""""'"
09 "-_"
10 Oooll/l:)occalll_
" -
l'tpe Wooapon
00 HIA
Ol~
02 _
03~
04 F ...'"
c ....... IUs!, Fot'Il. I;IddIe 01 ~n""1
5 ,~f,~ ~ I
2
.
c
VlI:llIn 1'rPe
0""
1_
2 Ll ()Itar
3 MA
.--
5_
AodIdNM (Shel. ~ ~l
C;/Id.
0"'-
. 0-
{1]
Occ" v~
cf:j/J~r
~..... To on-Mr
00 HI' 02 s.__
O'~ OJ__
04 (0. s.-.o
~ c............
0._
S1IIJVS
COClE
.
1I
t COlOR
NClCI FClC EJf11n': 11'I':
..../nn.:
~ 0 s..:.n
~ 0
J 0
WI. ....
.
1 Oo...",~
. V'C""/~"~ to
c-..
Day
ftu~
(tl' ~\
- ~
, v-:'
1~--:2c7~fl
0.....
]
[j~
C-..sr::l
A otI8lllCll..s L..:j
UCfPnoft TYPE
At".al
Loc..1on eI Offen..
5U(f..(}CN P;4eJ::. ~)Jt.Cr- Pl..
~ladlnc_1 ~ol
In ""'tic a
175"r
J1.2,.(
:~~~~
I. c..-/OIIC. IIIdQ
I'~'
" 50.
" 0... 1/ P\JoIc IIIdQ
" So:fDoI/u.-w,
" Jel/_
O~ ."".,,,,""'9
....-
oe _ 0b,0cI
0' ......,.,'..,,....
oe_
OQ (..-........
10 F...'Irc....aMy
'tnw..../~
12 _..,...._
13~
.. _......
" 0....
CIty
01""'..../_
o.c_
09 s.....PO.....
10 S....Cloid
,t tn.l....
1l 0....,.......
13 s.....
, .. ,-..,..
I~ C"",, '" ..../c:;.. '1_
$lole
h.
DATE Of' lIE COYERY
'C(te
III
/JfJ
-&
G.o9racWc _at",
'11.).)
6;);}' r. f >'
20 ~ IIIdQ
21 ..._
12 __ '--
13 c.:...1If\da'l S.
1" ()Jtw 'SIt~1I'
a ........ LOl/C."",
~1~~"",
1. l....'~.,
11__
)0 0...._
99 0....
HAS Conl.ec:lecI
k2l YES
NO
~
[ZJ
. AI,.~
- 0IteNIen
Dele c4 B1,1h
Zop
'I.... Sa. AQe
W- M ). - I S"-(g,;2 7tc.
"
u....5" ..., bWot OOWEsnc RIOHTS
o ...... [QJ
Zop I ..... YES 0 NO If]
2_
....., tn>e
00 H/A
Ol~
01_
OJ l.........
04 ""'.........
~---
oe _ _""'......,
Oll_"_
oe ......
Oil ............I8t.....
" 0....
'e ....' c;.. , ,...,
11 ,_
..---
.9 Sottw/o., c...
lOE_
lIE..,."..
II l_'_
lJ_
" oe...__
Sodel s.cuntt --
;....-rL
Rece Sa.
tVrl
AQe
t/I
O.L No./sle~ /
V,t,A.
) 7 2F-Df7 5
~J~a4_ Iloc;.llJOnlOncnl:leI
o
c-.
Lt
Adminis
alion
p(tl, r 0 pqg
pq..eSJ ---
__--h-------
~ CO~TINUA'~iON
o SUPPLEMENTAL
o
~hctiff Dolt :iHuutcr
r:- . c c-
Collier County 00111. CompleK Bldg. . J
330 t Tamiaml Trail, East Naples, FL 34112
Tel hone AC 94 t 774.4434
IN ode
Change From
'nCIl:lt!nt ~l."'~t'r
I )(; 2;26 q 1
.~
Original Offense
Suspended
DYes DNo
;ency ORI Numoor FL 011 0000
r-:;-l V ctlm's Name
I ArreSI 3 Unfounded ~ G-
EKcophonal Type 2. arresl on Promal'f onansa ~. Dea olOnenoer 5 Prosecuhon Oec:hned ~
1 e.trad,ll()n Secondal'f onen.. W,ll\out 4. VIW Refused 10 6 Juv~n,laINo CustOdy
Dechned Prosecut,on Cooper~le
18rratlvelSuppleme"!~\'(f"l\'.\'~N1..rl.1 V '_11.()'-1 r R ~~ pf\Nnr.n 1'('1 ,TTnn~r P .1 R K ( .\ V.\ r {\ 7\f r ..\ K1-7) r:\i
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JU ... ":'4~_ 'F'!.
AS HE \VAS APPROACfJINGTHEAREA \VI-IERE11ffiBQATS f\~J:;P.L\I~KFn ON
LAND. HE OBSERv'EDTIIE COV'ER OF ONE OFTIffi BOATS OFF, ATTlfr')
. -".
,
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IflL VlC"lTh:( AI'I'RO,:. ~;~
(J'C" r L" n r~.T EITS .\ [].~ 1":' TI'!T:' "'U"'ll.ECT CQ"IPLIED :\;1 fD "'r .,.. :\ ~ Dr.-r"!~r'" [" .....-,...
G..t. l" 'UJ Ll't l"U\J.'/~. tu:. ~ :::\L 1\1' Ju'4 1 't'J1~ Co LI:..lt.I." L'~ t~l)
li\l
TIllS ENTIRE INCID ~ r~' T .-:\, I n r Afl ON \U Hi Tf. .
GUIFCOAST S\vThil\iIERS AND THE VICTIM (INCIDENT # 56224~99)
11' ...\"!'JDERSON', fn~:O 'V.AS-1N~ '''~r,
W139,RESPONDED. LT. GREENINFOllMED l\1ETO USTTIrrs INCIDENT,~ lG-f
UiFOR1L\TION' O~1. Y, DtTE TO THE ONGOLN"G PROBLEMS BEr;~I:.l'N II""':
TIt'VO INDrv'IDUALS,
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NO'l 0 9 1999
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-.....,
SWORN STATEMENT
S-(.d.)' "9y
STATE OF FLORiOA
-vS-
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-
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DCTe ot Birih
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Collic:,
-
~y Ccmmissicn Excires:
C:se No.
~ .:L :2G
,Sh~riff!5 (!}ffic2
"" C'OLLlER COUNTY
NAPLES, FLORIDA
Subled Code E <lsc.:1peQ r::::=l \A aduIl fI11 \ Name tNaln<!. Usl. Fi"', Modd~
A arrest S suspoc1 bLJ J Jl"!ndo lL1J r:'1 A C A / "., 'nh
H<ol9tll I Weig"l \lUlr Color Eye Cole< I Elhnc Origin
;: t+J f"> I ($;/ 0 If P.. DC...n..) U,..) K. (VA l..((' . 11.1 J t/ U ).,1 J(
\.Aot known Add",.. (Slrcel. ApI. NumbP.r) COIY; S(IaIO O.L No.lSl.IleU .. 1,./ IR(eOdence Pho) "'u
I ( ~2 I J ~.q:- N. ~..ll-?(r._'-, 'vr.
OcQ.CWIllonJElllClloyerJ5<hool INICknameJSlreel Name Clolhinll (Ooscnbc) ,... I SearalMar~alTalloos (L()C.lIo"nlc.,:sc~)
tt I\J K It ,0 ~ (?ljfl("K (1"tV '77&(..J/(J (f.Afj'f
on" BRAND MOOEl NO. SERIAl NO.
n.'v ORI NumllP.r
FL 0110000
CLEARANCE COOE f?'ll OffenM
~ ~ .~~... ~I XJ';;_? JUL17"'J/1N (")AJt. V
EXCEPTION TYPE
1 E'" adItDl
""'.wi
2 Nm" c)t'l PrllftoV't Oft..... -
s.condolry 011_ "'........
""'......"'"
3 0.... Q/ on...,.,
.. VC;twfl/WtlI"'tlll'" ~iIlIId 10
("'~ol"
Oey
Dale oIl","nl /
,'id.? I /99
o.le 01 RepOt\ / ~ ~
/ <:"""kl /99
locatIOn Type
,'1 PIl!wtP.rCe.~'"
.)~ Ac.v~I/('....lfW1o
u:) R~\I.,.'f'ICr...l~".~,
Repelrte, s Si9nalure
nme
1 9/'H'
f"i? /
Olopatch
Arma'
17-,; <"
/ c.i /_ "j-
a" A.VI"l...",rC,"IO
Q'l luol"'ff'l.vtl..,1
to 0'''01, 0i1<:0llf'1 :itoUt
11 ':,o.!CIoIl"" $lflfl?
Type Weapon
.)0 UJA,
(jl t-f.V"t'.k",u11
'l~ Rt'''!
.n ~1"'r.!qun
0__ '-.It!....m
0... 141)1,'4:\4010
05 c..~..,...;o 51Of'!
')li (:..u 51.111011
Of L..,,.w ~i.lll""
12 e'l., ':'IOf'Fl'Ha~DiI.ll
'1 e.f(I...FIIfl,tf'lr.".It'lSI
,.. r"""'""lfr:"1I1/Otfco OU:J
," ',....,~.~'I.\l/Mtf1
f)~ "',..I,.,,(:.,dl,n'J
"'\"''''''~I
.,.. g...1 CboOCl
)! ,",..,.r.5/FI'ls,F"~1
r:~ p..,iI~
~'~ :: ItAOSM:\
Name fl.1s1. First Mldt:h! Of BW3U"'SS~
r::;U ZS;:. 1/ _7 /~A)
Add.... ISlroot. Ac' 'lumO'" I
C-/ ., (i'
I "Co,-(.. I All" 1/ ~1 , I.
C,I'J
f /. "'/'_._
/' ,/.,. ,. ,- ..,
0(
0(
:>
V1cUm Type
o N/"
I .u.-r..
1 l.E Cite""
3 IdA
"~.I
5~"'1tW'II
Add,e.. (Stroet, Apt, Number)
He<9hl
tJ Ct\ulCh
9 Olty~f
Name I~l. Flrol. Moll'lt.! Of s..",ressl
( / A.J 1/;UN , t1/
\ Weiqll' I Hair Colo,
Clly
o
!
~
;
Reoodence Type
o ""A-
I C,,., 3 nor...
2 c.....r.., . O.II-ot.SLald
OcCl4laUon
D \~e:~"ce Slalua 0 \ Reoodence Phone
I '\11 v.,M 3 Nr)t'l. ()
2 P.. 't.., "'~I
I Employerl5<hool
VIc:Um Ralatlonohill To OUender
00 N/~ 02 S"___
01 u.-_ 03 ~
O' E..Soo.AM
05 Co-""b1'1IA1
00 p__
01 &01"'" Is,s.,
08 Chold
OQ SIt!O'P~
'I) Stoo-Ctllld
II tn.l,.M
11 0...... r.....,.,
-
...
u
...
"-
.,
::J
..
-
PROPERTY TYPE
o
SlAl\IS
CODE
o DOu.AR VALUE I RECOVERY VAlUE
MISC. OESCRIPTlON (SIlO. caliber. elc.)
:I
...
t:.
COlOll
NClClFClC ENTRY: BY:
Oete/rma:
Hie -:
EXCEPnON TYPE
D
Loeallon 01 Oflenae
AJt1II\~1 Ai? <':1r.}..~A/ i?f-i.'K
-. COeQ9rapltlc Indle.lor \ ROlalDd Incident NumOerts}
,-{ 1~2
( )
I SocJel Secunly Numbe,
, 3 SIulo""
" 'I<.1CI'C<
15. C"'1d ollloylCo<1 r.......,
5 p",MQjI"'" o.",.tnOd
8 ~"'No CuooOdy
d/X'/..
In Servlee
I r) c.-''h
I~ S'cr.lQO'
11 eo. ''''''''c BIdQ
18 Sct.OOUU"M~",ry
19 J.ltI/Pft'lOl"
10 FtfO/l~to'ft1....v
II Threillllntlf'ftcJ.ahOn
,~ S.n"II.Il.1IPCS ""'i100n
IJ Drugs
M UnlllncNfn
~~ 0'.....
IR2~ IS~
~I
Eye Color
SI'II0
DATE OF RECOVERY
w
,......"..., .~, -.c '1
"~-7"7''''' 7 ... c;C;
Wdl 'J..~.m
rlt"'I!r ,~~.I'!;'""\
o v.'. ONe
\ C committed
A aUelllCllad
lINe
q 5"i(! COOE~')0<'..'/.
CAS~ENDED
YE~ NOD
20 nl'tQIOUI ~
11 AM"DVf'
:n O&J.1/Rallr.,,'Nf':..Ii
2' J C,)rl\fluctw>>" ~IO
.~.. \~I".,,' ,If' ji';'IlI"
~; P"~If'l1:' .f. 1;'11.11)1'
Jf; nIl""""" ~"'.l(I'of\1.IV
." Pu"-. 'hor..:'...I"t,'\, r..",
.~1 :..l".'~ ""'Hf"'t\OIr.l'W@
.!l) \4, 101 ...."IC., ?
:0 C~:1' \4cc:.'~ '\
1l\ I;~tw
g
fa
HRS Conlacted
DYES
[t3' NO
IG1
- Offende"
" Arrested
Dale 01 Blr", / -I AfJe
I ~;;r 7/...1 I? C.
RosidencD Phone
e -;~.",' \
T- I '/'12-
(,:~ ;"C
Sl~h'
BUSIness Phone
~' ",'/
. ,
ZIO
.I L/I" ,/
/- C.'":)... /9 ?~/
IAfJe
IRac8
Se.
O~lo 01 Birth
EthnIC Orlll.n
z,p
Inju,y E.lenl
o """',
I..,..,.
'2 SM'Q./,t
DOMESTIC RIGHTS
o
YES D
Busln..o P"one
Inlury rype
00 N/A
al ('.....,..,1
0:' ~I,'lh"J
I)J \..lCf'If:UIOn
0" Unc~'V;.....i
()5 r'rJs, "'0""'" [)nrwt,
Uti .-.,,, If\l~",all~f',
". L.;.$..'\'" '!'''~Ih
i)lol n...ns
1)'1 "Lor.n..'..... BU,lIIse,
.t.} Clt\t.'I
I~ &or/Gift r,..."..,
II F""""
15 Noq>bot
III $.IlCf'C.ry c.""
~O e~'CI
2' E__
:'ll.ll"f".JotQ/'!~
23 ""~.."""
l)9 O:hr,ll t<.f'lC;Mft
I Race
4.)
SocIal Securlly Number
loale 01 Blrlh
(j.IJP'"
Place 01 Blrlh
S..
/1.-(
RECOVERY
CODE
I DAMAGE
CODE
REMOVAl..: BY,
'"
....
u
%
""
>
OSloP.n
o ''''.":.In
o So..c"'!ct
\Veh. Yeer \Ma~e
II/Jk' 71JI/T"
\ Tag No. \Slale...
'.J ". J;,: Pc.
DaleJnme:
\ Model , Style
l-:' ,r'uV.V L i?. .s (" 1/
Yea~ L' ~ I ~~q !~/ r _d. I
I Cola,
,J::( L / i. ,<.
V1N. No.
L.( AJ,./
Condllion
\,( It.; Y-.
......._1_1.............'
--
c,. .
'-=1 I::" 1:..,
/.' -
i.."ON(
Admini
t:J
.......
Ag~nd ~.,. ,
No. )f1"l" II
~ ....
ratiftfj V G ~ 1999
pg. rS 'f-
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(:7/ ,"i /. / Zt, "'-" r
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.......-, ./
13 \E<w/ ~ IOeo
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ID
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n~
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DO
o
Avo
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j CONTINUATION .0 SUPPLEMENTAL 7'../
11(- I~-:...-"" ......._
COLLIER COUNTY \o.la of Rep~':I.' /..
FL 0110000 NAPLES, FLORIDA
"'" (""'~ -; '..J / / W
= ..
I
III
.,
...
z
i
Subject Code
ti
l
.,
:J
..
S<araJMa,kaJTellooe (locahOnJOescnbel
{/,UfC
Subject Code
A a"~Sl
Heo;hl
Av
u.PK-
l:i
l OceupaUonIEmploye,J5<hool
III
:l
III
s.:...IMarkaJTanooo IlocahOnJOeS<:"bel
00( SuIj)8C1 - 1 AKA:
~
GLASSES:
0'. ~l;at..,
0% ......
03 p_
04 W". nm
9S ..,.,.
00 ~n
gg 01hIf Joucnbe
01
02
z
2
l-
ll.
it
\J
III
..
Q
...
00(
\J
;;;
>-
f
EYES:
010......_
0% c;;...
03 V>tsed
04 &..9"11
~ So.nt
C~ ..,.....,
00 Ur~n
89 ~/descr.be
01
02
APPEARANCE:
o 1 ~IUc'ean
0% c..tylun""",'
03 """""""'"
o' lA.eu.>l 'Y
?O !Jr-
i'9 C . (describe
Rapo-"II Olllee, (pr.ntl
l (",J,'.
~ Rep"rtJnll
-..
At I Nt:.
NIC~name/S~ Name
r{,..
City
t,/ / / ol.
//,,2.
~~t1
Soc:ial Suurity Number
Race
LI)
t,( A/ I(
Soc:lel Seeunly Numbe,
Ollenoe Indlcalor 0
. <I 3 eoll\
2 -2
Clly 51310
CIolhln9 (Ocscnbo)
FACtAL HAIR:
Ol.C"""_
02 Poactllua
03 S'ubtiIo/""",,-,,
O. Full bel<d
O~ Goot..
oe.""-'-
07. Stdollurre (Iono;ll
00. UnkflO"ltn
eg 01.....,"""'_
OHAIR LENOlli:
1 0 I. SAotl
02. EM
03. COIlM
02 ~~. ~...-..
lboldonQ
l..!t\knQllllln
Qtnet/lloocnbe
01
02
TEElli:
01. Cold
02 Ch_/llrokon
03......__
O' Gaoe<l
0$ htsel POed
06. Pr Irq
07 'rtyJdeC~
&acu
09 Vf!fy wn.tft
10 ""'_
00 Uflk,..,...,n
99 OU'V~a~~f1f)1l!
BUILD:
0\ Th"'_
02. Mod....
03 "'..y
04 FIt/oDele
OS~
00 Unkl'\(7llrfn
99 Q1'hefJdeSCllbe
OEXTERITY:
0\ R".rclo1l
02~_
1 s~~Ps~~ORE:
02. S'od<'"'l mask
2 03 Hal
o' W9
O~ C-.
oe Ear".... lmalel
07 Un.torm
00 Unk/'o.lwn
99 QthI!rfJde,r:tlbe
81 BEHAVIOR:
01. B<utol
02. Ptol.....,_
2 OJ. Ne,~s
o. PtIl.,
OS~'"
08 COCI/c"",,
07 ""'....'
00 Unknown
99 Othelldetcnbe
Il
I .J?
I~J
O.L No.lSlAle
/
HAIR STYLE:
01. Slraq>t
02. C,ly/why
03 ""roJ~
O' """" I.-
O~ T..
oe Oo,.,a
07 S,.....od
08 CltwQA
00 Unknown
99 Othe,/descrtbfJ
AMPUTEE:
o I H3rd
02 AIm
03 ~"'l
0'" FOOl
O~ f'''9''
gS None
00 Unkl'lQWin
99 Olher/dl!!Cfltle
BuOln"o P"one
Reoidence P"ona
(<<I{/) 79-:". '~S7J"
Bu.inesl P"one <
/--M
Se.
1'4
ulf);(
Age
reS
Where.
~
Cut,! ~
Re..lence Pl\one
) U~f;"
Buoine.. Phone
) U,,(/
"ull'Onty
Raee
Se.
/..
D Ves
01
02
01
02
Rele"ed 10:
DNa
/.
Reoidence Phone
Bulln..o Phone
V>'IY.!te.
)
Ault-c)r11y
B~
D1
D2
81 UNUSUA~
o 1 80cl t 0ll0t
02. Phy!lCal....nd...O
2 ~~. ~~::=co
05 Elle"'IInaleJ'}1Y
oe None
00 Unknown
gg 01"'"
COMPLEXION:
0' F",,/I9'1
02_
03 0.'"
O. ~
cs r....".P.d
00; """"
o 1 F'x.>.......~
00 _n
91~1""~
01
o
SPEECH:
0' Poitw1
02 1..",
~) ;a....,~
':oJ I.,..,..../~O
r:~ "'''1'l(~I,,!F''\'''''''.'!
C~ ='.uc,
1)1 3rJ!
C~ ~'met"1
01 .Irot'h~1
01
01
I'; .......1'T\a1
oc 'Jt'~l"rQwn
'11 -:.~" ....."!sc~t.,
.-
rCON~INUAT.lON
o SUPPLEMENTAL
o
~lTl'riff Dou Iiuuh't"
" .. .
.-. .'
.7 ~
I
j
ency ORI Number FL 0110000
r:l Vlcllm's Name
, ""esl 3 Unfounded LtLJ CA./
Ellcepllonal Type 2 arrest on P"mary onense - 3 OUlh 01 oner>der 5 Pr05l1Cul'on Oechned D
I Extrad,hon Secondary On"nse W,tMul 4 VlW R~lus.d to 6 Ju."n,IAINo Cuslody
Oechlled Prosecuhon CoooeratA
Original Offense
~fo ONGY
Suspended
DYes DNo
arratlvelSupplemen~ (P9J" Neatly)
(";,N 1"f'5~// /9-9 4/17t./'!' L u.fl5-1Jldtl--;-C;.(-/f..~ ~ ~(clJE.A...J ?r'-iV<' (J.(:..t:~~
r/k
~.
,4
-r;:t~ .?~eJ.tl!;E Gw!..~cV d0 7f4 ~ f0J(,,,? Z!a,,(CC:b r:.;=~ Lvl-J 4:S tk.~/'((" /!A(~ A
/
...v 0 J-
t.ll/f:, /' Ai h c:/: .-! €"
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2
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Assigned to:
I'g.
P"'l"
.-
NtllVe/SuPPlement31 (PlInt Neallv)
'I-ulG;;- .4- ,/ 7t:Jr5. ~ ..
nJ- ~~ ~l r -r4-
I
o SUPPLEMENTAL
o
\
-.J'
) CONTINUATION
~hrriff DOH I-luHh'r
\ . -
'goney ORI Number FL 0110000
oJ learance ode 0 Victim', Name
~ 0 ()Pen 2 E.eepl,onal /'.. I' ;;
'( 1 A"esl 3 Unfounded U . K,J 6,.1 At'
~ Exceptional Type 2 a"eSI on Primary Ollense 3 Oealn 01 011"'04' 5 Pro~eeu,"on Oee,""e" 0
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3301 Tamlaml Trail, Easl Naples. FL 34112
Tel hone AC 941 n4-4434
IN ode
Change From
J CONTINUATION
~PPLEMENTAL
gency ORI Number FL 011 0000
e
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, 0 Victim', Name
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NAPlES, FLORIDA
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NClCIFCIC ENTRY: BY:
DnoITlmr.
VlN. No.
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'r.v ORI Nq,..CO!' FL 0110000
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, C.Jtl,O!, C.J"nry C<lvr C.1rT'Cle' Blo<] . J
JJf1 1 r.t,.....,.., Tr.lll. E.1SI N.JCh,S FL J.\ ~, ~
Telcl'IQl'1l lAC <}4.1\ 1'74.....13..
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P AJUC I E.'FIZ1l.E:.~ ON a..QJ VAl......L /Y)
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COlLIER COUNTY
NAPlE S. FLORIDA
Addno..ISI....Ado -I
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ou... ConleClln'o, IT,,,.., Av~,lable. E~. t!1C .
lieme lUst. F,rW. MtdllIe or au..nessl
Addno.. (Slreet. API. NumDc!r)
ou... ConleClln'o. I rIme Avaolallle. E"1>IOYet elC I
Subject ~
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A Nrest
Heoohl
E y' COIot
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Oc;cupallonJ ElllClloyer J5<hool
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APPEARANCE: B~ SUSPECT WORE: B~~
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02 0.,,''''.'''01 02 ~'(l(;ktnq """'.. ")2 P-r'J.,vrIO""'"
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02 ~1C.M l\.tt'dll;;lO
03 e"'C!'f/l)oJl"q -
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05 e"t!I1''''''I'/~
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---
& CONT~NUA TION
.gencyORI Number FL 0110000
\nc\d~nl :<lumter
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IDol1P. T,mo t{ -5. cr'1
o SUPPLEMENTAL
~
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From To
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DVes DNa
NarratlvelSupplemental (Print Neatlyl
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e
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.;el'cy ORI Numtlel FL 0110000
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)FFENSE (.INCIDENT REPORT - A
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CLEARANCE CODE Olfense 1
w ) op~n I D\
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W
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ProsectJhon
O..alh 01 Ollende,
Vict,m,W'lness A..lused fo
Coop"rale
P'osecullon Oecloned
JuvenIle/No CuslOdy
5
6
Ottense ,
r>qoo- I ~~
Time
Lo~l~:s~ 0.. r- k
3l;23 N/It
Geo r. "Ic Indica lor Relaled Incldenl Number!s
IS Slo'3"''' ~O F1f!1.qiOUS B~1 24 Om-" 'jlrl.lCfl..rft ~.. l.1~"!.YI,'!cr"'-i1
11 GO..,'I.Pt,OhC 8ldq 2' ...roon ~S P_l'~II"q LOLGJr-lqtl 21 Mow 'I..tlIC:"
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ill J.lII.P'I~11 23 Cdfl\flUC!IQI'\ 5,," 17 P,"lr WflOol""",".F...ocI ",q 0!t'..,
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loca1lon Type 04 HOI.,l.401.'
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1 "0 0 03 ShOltJun
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10 F.,..,lncandl.a,y
t 1 ThrUL'lntflnlCl..:UIOft
t 2 S.mu1afBd Wft.1QO"
13 On..q$
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!)q Ottwtt
In seJc?-L\ ~
10Isp.tc;--
08 B..,.NtC)ht Club
09 S....cw',.,.u....tt
'0 O..pt .OI\COU'" SIOr.
11 SOOCI.,lIy 510r"
05 Kn1h',Cun1f"q
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06 Blunt OOloct
07 H.Jnd~F,';iI5.FlJftt
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Address ,Suee!. Apt. Numbtlrl
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Olhar Conl,cllnto. (Time Ava,laDle. Employee. elc.1
Synopsis olln'lolv.m.nl
Victim Typ.
:l N-.
1 Juvenile
2 l E. Cn'ce'
J "'dull
.& BuSIness
~ Oovernmenl
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7 ~~u- 57
o None
1 MInor
2 Se"ous
3 F.ltJ'
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00, N'A
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g~: ~~~~~cn 99. Other
04 UnconSCIOuS
05, Poss Brok,n Bones
06. Poss. Intemalln u
19. S,ner,Oay Care 22. landlo,dfTenanl
20 Employoo 2J ACQuan,ntanc.
2 I. Em 10 er 99 01"" Known
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c: L.~U Cl .!.In
':8 BV':"lt
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-
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00 NA
01 G..nshOI
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03. Laccrallcn
04 UnconscIOus
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06 Pass Internall""J
16 Boy'G"1 F"end 19 S,lleJlOay Ca,e n lanC10'd Tenant
17 F"end 20 Employee ZJ Accuan'nlance
18 N8,ghbo, 21 Employe, ~9 C:c.' ~nown
I FOQt<l~
.. O\lI-Or.St.1111
cupallon
;') ~..r
NO
0J
HRS Conlacted
DYES
aJ NO
'I.CI,m Relationship To Offender
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~
~.ROPERTY REPORT
~CONTINU'ATlON 0 SUPPLEMENTAL
Sltcriff' 5 ~fficc
COLLIER COUNTY
NAPLES. FLORIDA
e
Aqenc:y ORI N mb<l,
FL 0110000
\ l~c:n",,1 Numlle, 3 ~/ ~ I - 9 9
\ O~l. J' R"pott 4 - .3 - 9 9
~
u
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Prope"" Type \J f SI.lu. cooie Recovery Code Oemega Code
A '\ufO Accesso,.,.~an H. HousehOld ApphancolCoorls N ConstructIon Mach,"e,.,. T. l'INodeoNCA ,. $Iolen Slol....R.....ov.,ed o NlA
2. Recov.red t lO"...al/l.oc.al l.A~
<It C. Camera/Photo qUlpmont I. PlanflC,'rus O. O",ce EQUlom.nl U Cu"enc:yl~tlable 3 Slolen and AtlCov.r"<l 2 locaVOll\er 2. Cnm.nal
IoU D. Druq J. JewOll,.,.,Preclous Melal P AnlColI.ct'on v. Cr"<lll Ca, on.Nogollabl. 4 Recov.red lor 01".' 3 Olh."loc.,. M,sc",o,
0 E. EQulpmenllTool K. Clolhln~Fu, O. Compula, EQUlpmen, w. Boa. MOlor 5. losl
0 J. Dunng 01".,
u F. FoocIiL'Quor/ConsumaDle l. l'V.SIOC~ R RadlolSI.reo X Struclure 6. Found OH.ose
G. Gun 1.4 MUSlCOlllnslrumenl S. Soorts EqUipment V F~rm Equopmont 1. Sale Keeo."C) 9. Olher
l. M,scellaneous ~ ~~~~~~~~:;;~,
[; P ROPERTY TYPE ~'t{~"'o-te ~ OTY.: I BRAND MOOEL NO. SERIAL NO.
G"'rM~ Dee, DDlU\~( \ \~f\ ~ 0r'\t 0^k..
STATUS J W COLlAh VALUE \ RECOVERY VALUE \ DATE OF RECOVERY RECOVERY 0 OWNER APPLIED NO./MARKS:
CODE qQ.OO COOE All ,+
.
:I
III COLOR MISC. DESCRIPTION lsozo. c:lhber. elq ITEM ACE I DAMAGE fQ]
t: lC....'" ~ >, " ~\... C:.c..( C\.C\ -€ Don (" a.D~V\ 'e..r 3 ~ COOE
\0...\1\ - Y/j
l PROpERTY TYPE 0 OTY.: J \ BRANO , MODEL NO. SERIAL NO.
STATUS 0 COLLAR VALUE \ RECOVERY VALUE \ OATE OF RECOVERY RECOVERY 0 OWNER APPlIEO NO./MARKS:
COOE COOE
.
:I
~ COLOR MISC. DESCRIPnON (size. ca~De', elC ) ITEM AGE \ DAMAGE 0
CODE
[- PROPERTY TYPE o OTY,: \ BRAND MODEL NO. SERIAL NO.
STATUS 0 COLLAR VALUE I RECOVERY VALUE I DATE OF RECOVERY RECOVERY 0 OWNER APPlIEO NO./MARKS:
CODE COOE
.
:I
III COLOR MISC. DESCRIPTION (size. cahller, elc.) ITEM ACE \ OAMAGE 0
t: CODE
r- pROpERTY TYPE OIOTY.: \ BRAND MODEL NO. SERIAL NO.
STATUS 0 COLLAR VALUE \ RECOVERY VALUE I DATE OF RECOVERY RECOVERY 0 OWNER APPLIEO NO./MARKS:
COOE COOE
..
2
III COLOR MISC, DESCRIPnON (sIze. callbe" ele.) lITEM ACE I OAMAGE 0
t: COOE
r~ MAKE \ BRANO \ MODEL (NAME.NO.) STYLE SERIAL NO.
STATUS 0\ DOLLAR VALUE RECOVERY VALUE DATE OF RECOVERY RECOVERY CODE \ [)-1AAlE
COOE
.. o FEMALE
..
... OWNER APPLIED NO./MARKS: FRAME SIlE FRAME COLOR GEARS \ lOCK TYPE:
U
>-
u o NO 0 YES
Gi
FENOERS COLOR: I RIM \ OlliER 10 CHARACTERISnCs: ITEM AGE I DAMAGE C
OYESD COOE
NO SIZE: COLOR:
EHTRY: ITEM' - ITEM' - REMOVAL: BV
u OATE/TIME: foliC .:
U foliC .: OATE/TIME:
~ ITEM. _ ITEM' _
U
% BV: NIC .: NIC I: ITEM NO 'S REMO'lEO
Activity R. Smuggle M. ManulaC1ureIPrOdueo,1 Type A. Amphelamlne H. Halluc'"O'Jen S. Synlhe"c Unit 5 P?Und
P. Possess D. DelIVer Cullo',ale \ B. Bartl,lurale M. Manjuaoa U Unknown 1 Gram ~. Ton
S. Sell E. Use C. Consp"acy C. Coca.ne O. Op'umlOenvallve Z. Cltler 2. M.ltgram 7 liler
,. ~'ihic K. OispenS<llOistnbute U. UnMown o CraCk P. Parap"ernalia! J. K,logram ~ M.lditer
F. Found Z. OIlier e. Heroin EQu,pmenl 4. Ounce i. OosaIUnotl1te<n
AcnVTTY TYPE OESCRIPnON OTY. UNIT STREET VALUE
fII G.-'J
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COlLIER COUNTY
NAPLES, FLORIDA
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DEXTERITY:
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Whet" AulhOrtly
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\,..p\K
wI
Ae'tdenc. Phone
( Cf'll ) 73;;J.(fj7(J
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Wl\efo AIIlhOroly
No
O CO...PLEXION:
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'quiff IS (f)fficl
COLLIER COUNTY
NAPLES, FLORIDA
e
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IO&CEP'TlOM T'YPE
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NAPLES,
Dale c4 IIlrlll ...
09-20-54
~
FLORIDA 34106
CAUC.
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NAPLES, FLORIDA 34106
Anidenc:. Phone 8uaIM.. Phone
(
)
591-60-7540
10 SIoo~
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'1 ()lI\or'_
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t,. TeIt1W
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DATE Of' MCCNERY
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ADDITIONAL CHARGE: 111'
SEE CONTINUATION FOR NARRATIVE...
II-.
W
Se. Dele till IIIrltI Ale
M 10-06-82 if
~ Ex..... DOMESTIC RIGHTS
~ ::: r0l 'YEs 0 NO 0
2 - L.:J
~ Type
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03~
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fIeee
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II
,---
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a
EXECUTIVE SUMMARY
APPROVAL OF A PERSONNEL GRANT FROM THE FRIENDS OF THE
LIBRARY TO INSTITUTE A FORMAL LITERACY PROGRAM WITHIN THE
COLLIER COUNTY PUBLIC LmRARY SYSTEM.
OBJECTIVE: To accept from the Friends of the Library $75,000 to fund the personnel for a
two year pilot program designed to promote adult literacy in Collier County.
CONSIDERATIONS: The A. Gordon Lozier Trust will provide approximately $300,000 to
the Friends of the Library to enrich the quality oflibrary service in Collier County. The
stipulations call for $200,000 to be spent on children's books and $75,000 to be used to hire a
literacy coordinator for the purpose of locating, training and organizing volunteer tutors and
students. The designed program is a two-year pilot program and will not automatically be
adopted into the general library budget at its conclusion. Instead, the program will be
evaluated, prioritized and processed as a normal expansion request.
The program has many up sides and should prove to be a positive and valued aspect oflibrary
servIce.
FISCAL IMPACT: Funds for this two year pilot program will be deposited in the Library's
Trust Fund (Fund 612). They are adequate to pay for the entire program through September
2001. The Friends have also agreed to participate in the purchase of any needed supplies.
GROWTH MANAGEMENT IMP ACT: This action has no growth management impact.
RECOMMENDATION: Staff recommends that the Board accept the $75,000 from the
Friends ofthe Library to fund the Literacy Coordinator's position needed to maintain the
literacy program and fulfill the stipulations of the trust. With this action, the Board shall also
approve the attached budget amendment that makes the action possible.
DATE: \al~8 (~1
DATE: \c. (: ",.<ti
ervices Administrator
Agendt':,lj.~~
No '_. O--f.,!..:.J ~
NOV 0 9 1999
P<;j. . 1
EXECUTIVE SUMMARY
APPROVAL OF POLICIES AND ORGANIZATIONAL CHANGES TO ENHANCE THE
EFFICIENCY OF FUTURE ROAD PROJECTS.
OBJECTIVE: That the Board of County Commissioners adopt the recommendations provided in the
Collier County Road Improvement Report: 1999.
CONSIDERATION: In an effort to improve the efficiency of road projects, staff has reviewed the
current process and identified areas where, through policy and organization modifications, the process of
Road Transportation planning and project management could be enhanced to improve responsiveness to
growth. Enclosed for the Board's review (attachment) is a report that identifies proposed changes that
resulted from these discussions. Some of the changes in report have already been implemented through
the direction of the administrator, while other proposed changes will require Board action. Highlighted
below are the proposed changes that will require Board action.
1. Adopt an ordinance that defines the cross-sectional elements for a roadway and its right-of-
way width based on the road type and commit to acquire right-of-way up to ten (10) years
before construction.
Upon conceptual approval, the Board will be presented a menu of items (sidewalk setbacks, bike paths,
median beautification, drainage, etc.) in early Year 2000 to determine a standard width for the type or
roadway to be built or expanded (urban, rural, and arterial). Once the standard is adopted, Real Property
staff will be able to aggressively acquire right-of-way corridors and address permit issues up to ten (I 0)
years before the actual road improvement is scheduled. This policy change will improve the timeliness of
land acquisition in relation to project completion. (See Section II for more details.)
2. Add a Transportation Planning Agent position to the Transportation Department.
This position will serve as a liaison between external development interests and the county's internal
planning, design, and construction functions. This person will be responsible for meeting with
developers, the MPO, and the planning staff to convey the Transportation Department's perspective of the
planning and roadway cross-sectional element issues associated with the overall roadway development
strategy. Currently there is no designated position to fill this need. (See Section IlIA for more details.)
3. Add an attorney position to focus exclusivelv on eminent domain cases.
With the taking of ROW, the County Attorney's Office contracts out the legal advice for eminent domain
cases. With a more aggressive (ten years in advance) approach to ROW acquisition, it is projected that the
cost to budget and hire an in-house attorney and support staff is less than continually soliciting the
services of an outside attorneyl. At the same time, through shear proximity, an in-house attorney will be
more responsive to the Real Property Department and the County Attorney's needs to complete roadway
acquisitions on schedule. (See section IIID for more details.)
GROWm MANAGEMENT: There is no change to the Growth Management Plan; however, these
changes will help facilitate growth-related road projects adopted in the plan.
-
lOver the last two (2) years the County has paid approximately $145,000 annually for outside legal services while
the average salary and benefits of current staff for an assistant county attorney, legal assistant, and secretary
combined is $140,000.
AGENDA\ITEM
No. <( t"_
NOV 0 9 1999
FISCAL IMPACT: The first element will not have a fiscal impact at this time; however, there will be
a fiscal impact based upon the adoption of a road ROW cross-sectional standard.
The cost and benefits for a Transportation Planner is estimated not to exceed $70,000. Funds for this
position are available in General Fund Reserves.
It is estimated that the fiscal impact of salary and benefits for an eminent domain attorney and support
staff will be offset from the savings budgeted for these services in each road project. As a result, a budget
amendment estimated not to exceed $150,000 will be transferred from the various road projects to cover
the costs of the Assistant Attorney, Secretary, and Legal Assistant positions.
RECOMMENDATION: That the Board of County Commissioners adopt the recommendations
provided in the Collier County Road Improvement Report: J 999.
Prepared By:) Date: II/a /99
John Dunnuck, Assistant to the County Administrator
Office of the County Administrator
Reviewed and
Approved By:
Date:
1{/3 jtlq
{ I
.-
AGENP~ ITEM
N ~ -,
o.
NOV 0 9 1999
Pg.
c9
COLLIER COUNTY ROAD IMPROVEMENT REPORT: 1999
I. INTRODUCTION
With the continuing population growth and building activity in Collier County, road construction
has been a top priority with the community and staff. In an effort to be more responsive to the
community's needs, staff has reflected on the current process and determined that there are viable
and aggressive measures that will address short-term road needs and long-term planning of roads
over the next twenty years. Included in this report are proposed improvements to the current road
construction policy as well as organizational changes that will enhance the County's ability to build
a roadway when the community needs it at a reasonable cost while meeting aesthetic and functional
expectations of the community.
II. IMPROVEMENT TO POLICY
ADOPT AN ORDINANCE THAT DEfINES THE CROSS-SECTIONAL ELEMENTS fOR A
ROADWAY AND ITS RIGHT-Of-WAY WIDTH BASED ON THE ROAD TYPE AND COMMIT TO
ACQUIRE RIGHT-Of-WAY UP TO TEN (10) YEARS BEfORE THE SCHEDULE Of
CONSTRUCTION.
Current Status: Right-of-way acquisition (ROW) and permitting contribute greatly to roadway
construction delays. Depending on the property owners' resistance, which is common, ROW
acquisitions may impact the timeline anywhere from six (6) to eighteen (18) months and
subsequent permitting may take up to ten (10) years depending on environmental conditions.
Currently, this process does not begin until the entire project (design, ROW acquisition, and road
construction) has been budgeted and 60% design has been completed. The rationale has been that
the project engineers must first know exactly where the road will be placed with respect to
environmental conditions including existing utilities or natural obstacles.
Solution: The Adoption of an ordinance that defines all of the cross-sectional elements of a
roadway and its associated right-of-way requirements based on the type of road will help resolve
these issues. This ordinance will specify a standard ROW width needed for a roadway type
(arterial, urban, rural) and its adopted cross sectional elements (sidewalks, bicycle paths, medians,
landscaping, and street lighting) included with these roads. Of course, the definition of what cross-
sectional elements are included for each type of roadway is the key. In order to afford the greatest
amount of flexibility, the roadway type and cross-sectional definition must include the adoption of a
right-of-way width that will account for all of its elements as well as future needs. The County must
only look as far as the current Immokalee Road project where what was acceptable seven (7) years
ago is no longer considered acceptable today. For this reason, these cross-sectional element
definitions by roadway type must and should be periodically reviewed. A right-of-way width
requirement determined as stated above will enable the development of right-of-way corridors for
acquisition purposes that are not dependent on finished roadway construction plans, This will also
enable right-of-way corridors to be shown in their approximate location on all long and short-range
transportation planning maps.
AGE~~'TEM
No. r:: \
1
NOV 0 9 1999
.5
1. Planning For the Future
There are several advantages to this plan. First, this would allow the County to begin acquiring
ROW up to ten (10) years before the road's scheduled construction. This would allow the County
time to address any environmental permitting issues!. More importantly, it would allow the County
greater flexibility if growth trends quickly change and the schedule for a certain road needs to be
accelerated several years. In this scenario, the County would already own the ROW; thus, it could
transition into a design phase ahead of the initial construction schedule. This would have been
advantageous on such road projects as Golden Gate Boulevard.
2. Fiscal Impact
From a fiscal standpoint, this plan makes sense as well. In the long run, the County will potentially
save money by acquiring the ROW years in advance from its current schedule as land values rise.
Recent studies have revealed that right-of-way cost has risen to a point equal to the cost of roadway
construction. Even if priorities change and a road ROW was purchased but is no longer needed, the
County will still most likely be able to recover its investment plus appreciation. Even so, the
investment is worth the risk.
3.. Community Planning
Another advantage of this change is that it will show developers and the public where the County is
committed to building roads in the next ten (10) years. By doing so, the County will have greater
leverage for ROW acquisition up-front during the negotiation of permits for new projects. This will
help during initial acquisition of ROW and occasions when the ROW has been purchased, but a new
development will require additional ROW for turn lanes and so forth. Finally, advanced planning
and commitment to road construction will create another mechanism to educate the public of what
shape the community will take in ten to twenty years from now.
4. Legal Issues
By adopting a ROW standard through Ordinance format, this plan will strengthen the County's
argument in eminent domain and "quick take" cases as well. Whereas at present, the burden of
proof is placed on the necessity for the size of ROW through the project design, a County policy
standardizing the ROW width will make the process more defensible, as it will be a community
standard.
III. PROPOSED ORGANIZATIONAL CHANGES
There are several organizational changes that will enhance communication among the planning,
pUrchasing, design, and construction phases functions of a roadway as well. While these four
integral parts are already in place, staff has identified areas where communication and authoritative
decision making may be streamlined. The goal of these changes is to add a focus of control over the
roadway planning process in the Transportation Department, and to enhance their ability to quickly
complete short-term roadway capacity and safety improvement projects. Planning is currently under
Community Development, acquisition is supervised in the Support Services Division, and
AGE~OA ITEM
No. E\
1 Livingston Road expansion Phase I has taken over ten (10) years to permit.
2
NOV 0 9 1999
Y
P.
engineering I construction are supervised in the Public Works Division under the leadership of two
different directors in Transportationmd PWED respectively.
A. ADD A TRANSPORTATION PLANNING AGENT POSITION TO THE
TRANSPORTATION DEPARTMENT
Current Status: As a road project moves through the process, there is a transition between the
planning function of the Community Development and Environmental Services Division
(Metropolitan Planning Organization and Planning staff) and the design, construction, and
operational elements of the Public Works Division (Public Works Engineers [PWED],
Transportation Department). The challenge has been that there is not a designated person to serve
in the role of a liaison to express the requirements and needs of the Transportation Department to
outside developers and internally to the short and long range planning staff.
This liaison role is currently represented by the PWED Department as a whole, but there is no one
who specializes in the day-to-day concerns of the Transportation Department. Public Works staff
currently serves many operational roles with design, construction and maintenance, but there is no
one person available to serve this function. As a result, the perspective of the Transportation
Department is not communicated into the planning of the roads. In Community Development, there
is no capacity to reorganize the roles of the existing staff without sacrificing another function.
Solution: A transportation planning agent in the Transportation Department will serve as a
liaison between external development interests and the county's internal planning, design, and
construction functions. This person will be responsible for meeting with developers, the MPO, and
the Planners to convey the Transportation Department's perspective of the planning and roadway
cross-sectional element issues associated with the over all development of roadways.
B. TRANSFER ONE PROJECT ENGINEER FROM PWED INTO THE
TRANSPORTATION DEPARTMENT
Current Status: PWED has project managers that work on water and wastewater projects,
transportation projects, and beach related projects. This works effectively in the design of large
"major" projects. However, PWED also currently mixes these large-scale projects with traffic
operation improvement projects that create immediate improvement in vehicular capacity, flow and
safety (TOPICS Projects). As a result, the priorities of the large roadway designs get mixed in with
the priorities of TOPICS projects because there is no clear focus to managing this type of short-term
roadway project.
Solution: The solution is to transfer one of the project managers from PWED directly into the
Transportation Department and make them a TOPICS engineer. This will allow PWED project
managers to concentrate solely on the larger projects It will also allow the project engineer in the
Transportation Department to focus directly on TOPICS projects only, which will ensure these
projects are completed in time to improve the short-term capacity and traffic flow while the larger
roadway projects are being designed and constructed in accordance with their respective time
schedules.
AGENDA ITEM
No. ~r \
3
NOV 09 1999
5
Pc.
-....
C. ESTABLISH A TRANSPORTATION PROJECT PROGRESS MEETING.
, "
Current Status: The Public Works Division Administrator receives a monthly status report on all
capital improvement projects, which includes road improvement projects. However, the
Administrator does not meet with the PWED Director and PWED Senior Project Mangers.
Therefore, the ability to communicate any issues relating to the project and solve problems
collectively with direction from the Public Works Administrator does not occur as efficiently as it
could.
Solution: The establishment of a monthly Transportation Project Progress Meeting involving the
Public Works Administrator, Transportation Director, PWED Director, PWED Project Managers,
Director of Real Property and appropriate Real Property support staff. The purpose of this meeting
is to ensure that the Public Works Administrator is informed on the status of roadway improvement
projects and any issues that can stand in the way of completing a project in the time frame
established for it. This meeting must involve the Real Property personnel managing the right-of-
way acquisition for transportation roadway projects. This will enable the Public Works
Administrator to become aware of design and/or right-of-way issues and immediately direct the
appropriate action to resolve them. It must be clear to all participants in this process that the Public
Works Administrator has been granted the authority to direct appropriate actions to resolve any
roadway project issue - even to those responsible parties outside the Public Works Division.
__ D. ADD AN ATTORNEY POSITION TO FOCUS EXCLUSIVEL Y ON EMINENT
DOMAIN CASES.
Current Status: With taking of ROWand eminent domain cases, the County Attorney's
Office contracts out the legal advice for eminent domain cases. With a more aggressive (ten year in
advance) approach to ROW acquisition, there will most be more cases to defend; therefore, these
outside services will be more costly.
Solution: The solution is to hire an in-house attorney and support staff to specialize in eminent
domain cases. This change will save the County money and it will provide greater responsiveness
and control with respect to an integral aspect of road projects, as an in-house attorney will be
available to work solely on cases that are most important to the Board. At the same time, the cost
to hire an in-house attorney is less than continually soliciting the services of an outside attorney.
This attorney will report to the Attorney's Office.
IV. SUMMARY
These enhancements, both through policy and through organizational changes, will improve the
performance of how road construction is handled during the next twenty years. The policy decisions
that allow staff to acquire ROW up to ten (10) years in advance and define right-of-way corridors
for acquisition purposes will potentially reduce project timetables by several years. The proposed
organizational changes will add control and accountability as the function of planning, acquisition,
and design will be linked directly to the Public Works Division. The implementation of this plan
will help the County achieve its goal: to build a roadway when the co' .
reasonable cost while meeting aesthetic and functional expectations.
4
N 0 V 0 9 1999
Po.
(,
REQUEST TO ENHANCE EMPLOYEE VACATION TIME TO PROMOTE
LONGEVITY AND EMPLOYEE RETENTION.
OBJECTIVE: To gain Board approval to increase the vacation accrual time for vested
employees.
CONSIDERATIONS: A request was received by the Employee Advisory Committee (EAC)
regarding the County's vacation policy, and how Collier County compares to other municipalities
and counties. The EAC formed a subcommittee, and the survey results and the County's current
vacation policy are shown on Attachment 1. Several counties increase the vacation time accrued
after 10, 15 and/or 20 years of service. The EAC believes that this would be an opportunity to
reward employees and encourage them to stay with Collier County. Attachment 2 shows the years
of service and the number of employees that would be affected if the Board were to approve the
EAC recommendations.
Option 1
Approve one (1) additional week of vacation to be accrued after 10 years of service for
a total of four (4) weeks annually. Approve one (1) additional week of vacation to be
accrued after 20 years of service for a total of five (5) weeks annually.
Option 2
Approve one (1) additional day of vacation to be accrued after 10 years of service for a
total of 16 days vacation and an additional day of vacation after 11 years of service for
a total of 17 days, etc., up to a total of 25 days after 20 years.
In both options, we are requesting that the current vacation accrual cap of 240 hours be increased to
320 hours for vested employees.
FISCAL IMPACT: There is an indirect fiscal impact in that employees could possibly be on
vacation longer and a department may have to hire a temporary employee to fill in.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve Option 1 outlined above.
SUBMITTED BY: ~~ DATE: IO-Z'-<13
~M1n~;' Chairman, Employee Advisory Committee
/
DATE:/O, ZQ.97
REVIEWED B
-.
APPROVED BY:
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ATTACHMENT 2
MEMORANDUM
DA TE: July 20, 1999
TO: Russ Muller, EAC Chairman
Transportation
FROM: Karen Kocses
Human Resources
RE: County Employees' Length of Service
Listed below are numbers of employees grouped by years of service they will have reached by
September 30, 1999. These numbers reflect only Regular Part Time and Regular Full Time
employees. Temporary employees do not accrue vacation.
Years of Service
Over 20
10 - 19
Under 10
Number of emplovees
42
284
885
Please let me know if I can provide additional information.
cc: Jennifer Edwards, Human Resources Director
-
AGENDA ITEM
No. ~e:r
NOV 09 1999
Pg.
~
Memorandum
Date:
Board of County Commissioners
Bob Fernandez, County Administrator $I-
October 18, 1999
To:
From:
Subject:
Self-Evaluation and List of Accomplishments (May 1999-0ctober 1999)
Please find attached a self-evaluation and a list of accomplishments that have occurred during the last six
months of my administration (May 1999-0ctober 1999).
I felt it was prudent to provide you with this infonnation in anticipation of my evaluation which, pursuant
to Board direction, will be scheduled for our next regular meeting (October 26, 1999).
RFFlbp
Attachments
.-
N~~E~gAtT!)
~ 0 V 0 ~ 1999
Office of the County Administrator
Pg.
Bob Fernandez
County Administra\..>r
Self Evaluation
October 18, 1999
PERSONNEL MANAGEMENT
Classification administration and benefits package analyses are conducted on a
continuing basis utilizing comparative information as well as employee feedback to
ensure that the total compensation and benefits package is as competitive as can be
achieved within budgetary constraints.
Pay plan recommendations were submitted through the budget process calling
for a continuation of the responsible budget policies established in fiscal year 1998.
These policies involved the annual commitment to pay plan maintenance through the
application of salary survey information and a continuing annual pay for performance
program that provides a means by which employees may progress through
classification ranges while, for the first time, ensuring that the amounts allocated by the
Board for this purpose were not exceeded. Such opportunities were not available in the
compensation system in place prior to fiscal year 1998.
New employee training continues on a regular basis affording employees with
excellent insight into the services, programs and values of the entire Collier County
Government. In addition, supervisory training has been enhanced with the addition of
the Certified Public Manager Program held in conjunction with the Florida Institute of
Government.
EXECUTION OF POLICY
Executive summaries have been improved resulting in concise, directly worded
narratives that provide an excellent foundation for policy setting. Training classes have
been conducted for appropriate staff to ensure consistency of style and format. Directly
worded recommendations are stressed which has resulted in the improvement of the
framing of issues for Board consideration. Staff recommendations are clear and
concise.
A new approach was proposed this year which resulted in the development of a
single coordinated presentation of proposals for consideration by the Legislative
Delegation. The proposed process calls for the presentation by the chairwoman of the
entire legislative package of Collier County Government. In addition. various staff
remain vigilant of all legislation affecting Collier County. Recent re-entran In~. r~ll2e.
1
N 0 V 0 9 1999
p ~
ranks of the National Association of Counties, will assist our efforts at the federal level.
Excellent relationships with the Florida Association of Counties, nurtured over a 25-year
period, greatly enhance our efforts at the state level.
Each year, as part of the budget process, Department Heads are asked to
review standing policy directives and recommend any changes to those policies that are
determined to be warranted. These changes are presented annually in the form of
amendments to budget policy and are reviewed and decided upon by the Board prior to
the development of programmatic recommendations
Periodic reports are provided to the Board in the form of quarterly reports,
presentations at Board meetings and the maintenance of project status binders. The
newly established County Administrator's Response Engine (CARE) now provides up to
the minute status data on each and every issue entered into the system.
BUDGET MANAGEMENT
The annual budget development process was initiated with the presentation in
February of proposed budget policy language along with budget timetable and
procedures information. The budget process was completed in a timely fashion
resulting in accolades from the County Commission.
Annually budget process review sessions have been conducted in order to
determine changes that could be made to enhance the budget process even further.
This effort continues to result in budget process improvements that have been well
received by the Board and resulted in the annual receipt of the coveted Distinguished
Budget Presentation Award from the Government Finance Officers Association.
Capital plan and operating budget were both adopted at the second public
hearing on September 22, 1999. The annual proposed budget was submitted to the
Board well ahead of the July 15 deadline. Quarterly reports continue to be provided on
a regular basis within 30 days of closeout by the Finance Department. The revised
format provides a full report on each performance measure and explanation for any
variance from projections.
The lack of any citizen commentary at the final budget hearing, in stark contrast
to previous efforts further confirmed public satisfaction with a well designed and
managed process.
2
N~~ENPt> '[Elt)
i'i ~H U:I \999
1=''"\ 3
SUPERVISION
Customer service is emphasized through new employee orientation, newly
developed full spectrum supervisory training, certified public manager training as well
as other more specifically focused training conducted through the year.
Timely performance evaluations have been performed utilizing self evaluations
provided by Administrative Staff and Division Administrators. These revised evaluation
formats have provided an excellent opportunity to recognize achievements as well as
areas in need of improvement.
. a
Interdepartmental task force committees continue to be created in order to
address areas warranting special attention. The most recently created is addressing
the issue of road project scheduling.
LEADERSHIP
Department Directors and Division Administrators have been requested and
encouraged to look beyond traditional policies and to come forward with creative
proposals demanded by a dynamic community. Examples of innovative proposals
include:
,-
.
Major technological enhancements to the Board meeting
room
Techniques for odor control and life extension at the landfill
A hybrid alignment for Santa Barbara Boulevard Extension
A new strategic housing program in Immokalee
Redesign of refuse collection methods in Immokalee
Recommendation of debt financing for capital projects as
opposed to the traditional policy of pay-as-you-go method
The proposal of the fifth cent local option sales tax to fund
capital projects
The urging of funding a geographic information system as
an essential tool in a rapidly growing environment
Scheduling the construction of water system capacity
expansion a full year ahead of projected need
Participation with the University of Florida in the
reformulation of Extension Programs resulting in the full
utilization of resources applied to high priority needs
Establishment of a new County Administrator's Diversity
Task Force
Redesigning Emergency Management procedures resulting
in more focused and controlled operating environments
AGENDA I~E~
3 No, / (:) _ _
.
N U V U 9 1999
.
.
.
.
.
.
.
.
.
.
.
Pg. '-f
while enhancing the quality of public information
d issem i n atic...f1.
Regular attendance at Professional Association meetings continue with the
Florida Association of Counties Annual Conference June 23 - 25 in Orlando and most
recently the annuallCMA Conference held September 26 - 29 in Portland, Oregon.
Future plans include Florida Association of Counties Legislative Conference in
Tallahassee, November 17 - 19 and Menniger Leadership Training in Dallas, Texas,
March 19 - 22.
Met with managers of outside agencies and community organizations as follows:
May
. Economic Development Council Local Governance Committee
. Naples Press Club
June
. Naples City Council
. Community Character Committee
. Collier Enterprises
. Vineyards Development
. CBIA Executive Director
. Representatives of Cities and the School Board
. University of Florida
. Productivity Committee
. Hispanic Affairs Advisory Board Member
July
. Pine Aire Lakes Representative
. EDC Executive Director
. Moody's Bond Rating Services
August
. Immokalee Rotary Club
. Marco Island City Councilman
. Retired Senior Volunteer Program
. Productivity Committee
. Streetscape Committee
. FGCU Convocation
. Gulf Coast Skimmers and Alternate Group
. Hispanic Affairs Advisory Board Member
AGENDA ITEM
No. , oi.~
N u V U ~ 1999
4
p ~
September
· Golden Gate Chamber of Commerce
· EDC Roundtable
· Representatives of Vanderbilt Country Club
. leadership Florida Class of 2000
· EDC Excellence in Industry
· Cities, School Board
· Productivity Committee
· Golden Gate Civic Association
· leadership Collier
· Professional Management Services
· Southwest Florida Transportation Initiative
· Marco Island City Manager
. Diversity Committee
. ICMA
October
.
United Way
EDC
New FGCU President
leadership Collier
Big Cypress Preserve
Rural lands Area Oversight Committee
.
.
"-
.
.
.
Weekly Division Administrators meetings continue to be held on a weekly basis.
Quarterly Department Head meetings were held on June 4 and October 8.
Brown Bag lunches were held at EMS, Natural Resources, Public Works which
afforded the opportunity to discuss issues specific to the respective departments while
allowing discussion of organization-wide issues as well.
As discussed above in the revision of executive summary format and
presentation, policy level initiatives have been presented involving a broad range of
.issues from landfill management improvements to capital funding strategies.
RELATIONS WITH THE BOARD OF COUNTY COMMISSIONERS
As stated earlier, the newly implemented CARE system has resulted in more
efficient usage of staff resources and more prompt responses to inquiries while
establishing a definite record for purposes of project tracking.
5
P . ft,
Attempts have been made to combine weekly meetings with the commissioners
with field visits in order to provide first hand information on issues of the day. Additional
schedule adjustments will be necessary in order to carry out this initiative more
consistently. Some site visits have been held resulting in proactive recommendations
to address anticipated issues.
Key staff is always present at Board meetings to provide necessary information
to facilitate the Board's discussion. Periodic project updates have been provided
through Board meeting presentations, revised status reports and other correspondence.
DEPARTMENTAL PERFORMANCE
As stated above, quarterly budget and performance measures reports have been
provided utilizing a more readable revised format. Quarterly strategic planning report
formats is presently being revised to enhance its readability. Revised reports will be
forthcoming within the month of October.
Department Directors and Division Administrators continue regular meetings with
peers as issues warrant. The commitment to professional development continues as
directors and administrators continue their active involvement with their respective
professional organizations.
The annual report is presently being prepared utilizing an improved format.
Information technology has been employed to increase the dissemination of this
information to the public by way of the Internet.
COMMUNITY RELATIONS
Attached is a list of meetings attended with community leaders and community
organizations.
Town hall meetings have been scheduled, arranged and publicized resulting in
excellent attendance in Immokalee (Dist. 5), Golden Gate (Dist. 3) and Pelican Bay
(Dist. 2). Current plans are for the District 1 town hall meeting to be held next at Edison
Community College. These meetings have resulted in the raising of a number of issues
that have prompted several new staff initiatives.
As stated earlier, the new CARE system has resulted in a significant
improvement in the timeliness of responses to inquiries by eliminating a number of
6
p, 7
superfluous steps in the traditional process.
Improvements in the reorganized Public Information Office have meant greater
exposure for county events and activities. Monthly "County Highlights" television shows
have received a very positive response from the public.
Interagency meetings have been held to discuss new FEMA maps, public access
cable television channels and emergency preparedness responses.
Linkages have been established between the Public Information Office and all
county departments which has resulted in the drawing of national attention to our award
winning Emergency Medical Services Department.
Work is under way to develop new funding initiatives involving revised impact
fees, refined infrastructure sales tax proposals, alternative revenue options and creative
financing to give the Board a fresh look at revising traditional funding strategies.
PERFORMANCE SUMMARY
-
Significant progress has been made during the rating period in order to address
concerns raised in the last evaluation. Communication with commissioners has been
enhanced through the installation of FAX machines in the home of each commissioner.
The County Administrator and Assistant County administrator are now equipped with
personal pagers improving 24 hour accessibility. Agenda review is now conducted a
week earlier in order to afford an opportunity for more complete briefings with
commissioners prior to the meetings.
Vacancies have been filled in the County Administrator's Office presenting the full
complement of staff resources for prompt and thorough inquiry response and other
special assignments. In addition, the new computer based CARE system has added to
the thoroughness, timeliness and accuracy of inquiry response.
Staff direction to view issues outside of the traditional boundaries continues to be
stressed as we bring forward recommendations regarding new growth management
and infrastructure initiatives.
Public satisfaction with governmental services remains high given the results of the
most recent survey of Collier County residents.
.-
AGENDA IT~)
No. lOe.
N tJV 0 9 1S99
7
Pt'I, !
ACTION FOR IMPROVEMENT
Although the budget development process continues to exceed the expectations of the
Board, improvements are continually considered to enhance the process even further.
CARE system will continue to be refined to improve the readability of reports generated.
Further progress will be made in the effort to keep the public informed of the issues
and events surrounding County government by involving the Public Information Office
in weekly staff meetings and the production of a weekly television show. Organizational
changes are being considered to improve the efficiency of various programs including
billing functions, project management and customer relations. Workshop sessions will
be proposed in order to give the Board an opportunity to conduct a more thorough
discussion on important issues prior to taking final action. Brown bag lunches with
employees will be further encouraged to improve communications within the
organization.
8
N~. ND~ tbTC~
NOV 0 9 1999
Pg. q
COUNTY ADMINISTRATOR'S ATTENDANCE AT LOCAL FUNCTIONS
MAY 13.1999 - OCTOBER 7.1999
EDC Luncheon
Immokalee Housing Tour
Lake Trafford Tour
Friendship House Dinner
Town Hall Meeting Immokalee
Clean-Up in Immokalee Community Park
Town Hall Meeting Golden Gate
Dedication Ceremony Airport Road Project
Naples Press Club Speech
Naples City Council Workshop
CBIA Reception at Museum
East Naples Gateway Triangle Meeting
Legislative Awards Luncheon w/Comm. Carter
Conference of County Court Judges of Florida
Immokalee Facilities Tour
Immokalee Rotary Club Speech
Conner Park Dedication
FGCU Convocation III
Brown Bag Lunch - EMS
Golden Gate Chamber of Commerce Speech
Pelican Bay MSTU
May 13
May 13
May 13
May 13
May 13
Saturday May 15
May 20
May 21
May 24
June 1
June 14
June 15
June 24
July 15
August 11
August 11
Sunday August 22
August 27
August 30
September 2
September 9
AGENDA 'lfM\
No. Ie A::,
f\J :J V Q ~ 1S99
P Ii)
g.
District 2 - Town Hall Meeting
September 9
EDC Roundtable Board Meeting
September 10
EDC Excellence in Industry Award Luncheon
September 15
Golden Gate Civic Association
September 15
Leadership Collier
September 16
Leadership Collier
September 17
Leadership Collier
Saturday, September 18
Immokalee Road Sidewalk Tour
September 20
Leadership Collier
September 30
United Way Breakfast
October 1
Brown Bag Lunch - Natural Resources
October 5
EDC Mixer
October 6
Leadership Collier
October 7
AGENDA 1Tt=M
No. I 'D ~)
~ U V Q S 1999
P. fI
BOBFERNANDEZ-USTOFACCOMPUSHMENTS
(MAY 1999 - OCTOBER 1999)
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Utility and Franchise Regulation
· Negotiations resulted in MediaOne/AT&T providing a third government access channel to the County
and the City of Naples to insure county-wide programming for Channel 54.
Planning Services
· Assisted in the preparation and successful designation for the Federal Empowerment
Zone/Enterprise Community Initiative for the Empowerment Alliance of Southwest Florida which
includes: Immokalee, Eastern Hendry County and the Seminole Indian Tribe. This is a 2.5 million
grant to implement the Strategic Plan prepared by the Alliance with the Community Foundation of
Collier County as the lead entity.
· Prepared an overlay for the Immokalee Main Street corridor in coordination with the Immokalee Main
Street Advisory Board and the Immokalee Chamber of Commerce,
· Prepared a strategic housing plan for the Immokalee Area which includes rehabilitation of existing
structures, removal of unsafe structures and new construction. The Housing Strategy presented to
the BCC was a coordinated effort of the Building Department, Code Enforcement Departmentl
Housing and Urban Improvement Department and the Comprehensive Planning Section.
· The Immokalee Main Street won the 1999 Certificate of Achievement from the Florida
Redevelopment Association for its management programs and creative partnerships.
Building Review and Permitting
· Improved customer service by placing a permanent Customer Service Agent in the front lobby rather
than rotating CSAs in that position allowing the customers to develop a good working relationship with
one person rather than dealing with a different person each month.
Natural Resources
· Produced and printed 2,000 copies of an Invasive Exotics Brochure.
Code Enforcement
· Equip investigators with vehicle spot lights to enhance safety.
· Equip investigators with night reading lights.
· Redeveloped lien procedure to avoid principal payments and accruing interest in excess of the value
of the property.
· Implemented flex scheduling to address citizen complaints occurring after regular work hours.
Housing and Urban Improvement ,
· Consolidated all the advertising and marketing for the Tourist Development progra . led
tourism alliance consisting of all Chambers of Commerce and representatives of all ourisllf\GENDA ITE;M )
organizations in the County. No. '9L.4;
;,. j i
LJ~
( " ,~.,
I;: .L;1
i
tv- PP:-=."~c_..I2-~____L__.
SUPPORT SERVICES
Facilities Management
· Received conceptual approval of the Master Space Plan for the Main Government Complex from the
County Commission.
. $87,760.85 in cash incentives received from Florida Power and Light for successfully implementing
and completing a comprehensive energy savings program. This Performance Contracting Project
resulted in the expansion of the existing thermal energy storage facility (main campus), complete
lighting retrofit of 82 County buildings, and the utilization of an energy analyst to run and schedule
chiller plant operations. Annual utility savings are estimated to be in excess of $130,000.
· Completion of 30 individual capital improvement projects including; major painting projects I air-
conditioning system and plumbing retrofit repairs.
. Completed 90% of the Design Phase for the proposed Sheriffs Operations Building.
. Completed all Y2K upgrades bringing the Department into complete compliance.
Human Resources
· Converted data in the Human Resources software PDS, from the HRM 1.5 version to Vista. This
included development of tables and converting data for the employee modulel applicant module and
benefits module. The original timeframe for implementation was reduced to six months to ensure
Y2K compliance and was successfully met.
. Continued to manage the implementation of Vista payroll. This module was not implemented in
1997 along with the HRM implementation. The payroll implementation is a joint-agency initiative with
the payroll staff of the Clerk of Courts. This fully integrated Human Resources and payroll system is
a significant technological change in the way we do business.
. Completed the update of the Human Resources Administrative Procedures and distributed these
procedures to all employees in a professionally bound format.
. Facilitated an aggressive management campaign to inform our employees regarding AFSCME and
IAFF (EMS) union activity. Provided support in the Ochopee IAFF collective bargaining contract
negotiations.
. Contracted with Florida Gulf Coast University to perform an organizational audit and began
managing the administration of the audit.
Information Technology
.~ CARE system providing precise tracking and response system for commissioner constituent
inquiries.
. Upgrade of 600 County computer workstations to an improved Office software environment.
. Implementation of improved computer systems for HR, Benefits, PUD Tracking, and Utility Work
Orders.
. Y2k upgrade of the 800 Megahertz Radio System.
. Y2K upgrade of all county computer and telephone systems,
AGENDA ITeM .:'\
No. I DC.~
NaY 0 9 1999
Pg. '3
Purchasing
. Began full implementation of purchasing card program, More than 80 cards issued to date.
. Obtained more than $401000 in postage savings through managel.lent and automation of the mail
function.
. Developed and implemented standard policies and procedure for selecting and interacting with
consultants.
. Developed and delivered five new user training courses,
. Implemented formal Vendor Performance Evaluation System.
Public Information
. Broadcasting 24 hours daily on Channel 54.
. Wrote an article touting the Emergency Medical Department's Defibrillation Program resulting in
national exposure in National Association of Counties magazine.
. Planned all logistics and promoted three Town Hall Meetings in Immokaleel Golden Gate and North
Naples.
. Increased credibility of the Department and as a result, provides a great deal of support for other
county departments.
Real Property
. On May 28,1999, acquired 175 +/- acres of land located west of 1-75 and just south of Immokalee
Road, The property will be used as the North Naples Regional Park. The cost of the property was
$5,250,000. The Board of County Commissioners approved the purChase of eight (8) additional
sites, which will contribute 27 acres to the park.
. In September, presented an Agreement for Sale and Purchase with Avatar Properties Inc, for the
purchase of 7.13 +/- acres for purposes of expanding the Golden Gate Community Center. The
property is scheduled to close prior to December 31, 1999.
. Since May, sold eight (8) parcels of land generating revenue for the GAC land Trust. Funds
generated from land sales are used to support certain capital projects. Since May 19991 the
following funds were allocated: $50,000 towards the land purchase and design of an EMS/ Sheriffs
substation which will be located within Golden Gate Estates. The landl located just west of the
Golden Gate Estates Library, was acquired on June 3, 1999. Design of the joint use substation is
currently underway. 2. $51,413.00 to allow the Big Corkscrew Island Fire and Rescue District to
purchase a lightweight brush patrol/rescue vehicle which will service the Estates area in times of
emergency; and, 3. $501000 allocation to be used by the Transportation Department to construct a
minimum of eight (8) Rural Safety Refuge Facilities to be located at site specific locations within the
area of Golden Gate Estates.
. Since May 1999, closed on ten (10) parcels required to complete the Immokalee Road Project (1-75
to C.R. 951). The required Gift, Purchase and Condemnation Resolution was approved on May 25,
1999. The Order of Taking was held on August 27, 1999. The construction phase of the project is
underway.
-
. Since May 1999, closed on seventy-eight (78) parcels required to complete the Golden Gate
Boulevard Project (C.R. 951 to Wilson Boulevard). The required Gift, Purchase and C demnation
Resolutions were approved on April 27, 199 and June 22, 1999, All remaining parcel fi s h
submitted to the County Attorney's Office for purposes of proceeding with condemnati n. No.
;lj:J i 0 l. ~t~o
.... ,..)-,,~ ..J
L
r"'~._~..._. .~.
/4
. Since May, closed on three (3) parcels required to complete the Livingston Road Project (north of
Immokalee Road). The required Gift, Purchase and Condemnation Resolution was approved May
25, 1999. The Order of Taking is scheduled for December 2, 1999.
"
. On August 6,1999, acquired 1.742 acres (lot 9) located just south of the Development Services
Building. The site will be used for future expansion purposes.
. Acquired two (2) sites for the Stormwater Management Department. The sites were used to advance
the Gateway Alternative #2A Project (site acquired July 14, 1999) and the Gordon River Extension
Project/Kelp lane (site acquired September 24, 1999).
Risk Management
. Property and Casualty Broker Selection- will result in savings of over $100,000 over the term of the
contract.
. Process Safety Management Plan- this is a federally mandated program which governs the
hazardous materials response plans for our facilities which posses identified quantities of hazardous
materials over the threshold quantities amount. Risk safety staff worked with Public Works staff and
the consultant, Camp, Dresser, McKee to get this program finished.
. PDS Employee Benefits System- staff worked diligently to ensure the rollover employee benefit data
to the new PDS system. The efficiencies that will be gained by this program are significant. It will
reduce large amounts of manual work, improve employee recordkeepingl and enhance
communications.
. Y2K Coordination- the Director was asked over a year ago to coordinate this program. Systems
were identified and categorized and the original list of 42 critical non-compliant systems has been
reduced to only 1 as of October 1, 1999.
. Overall Safety Program Coordination- this is a particularly active area which includes the following:
Injury Free Environment Training- staff has trained over 800 employees in this program.
Job Safety Analysis- staff has been reviewing the JSA's prepared by the intern with line
employee groups to get their approval on the content. Once approved, employees are being
trained in each JSA.
Work Zone Safety Program - staff has been certified as work zone safety coordinators and will
be working with staff to train employees in proper lane closure procedures.
Contractor Safety Program- staff is beginning to roll out a new contractor safety program that
will govern the safety requirements of contractors who perform work on county premises.
Fire and Bomb Threat Training- staff has developed fire and bomb evacuation procedures and
will complete a drill of the Administration Building in October.
Revenue Services
. Installed and successfully tested over 260 radio wave technology (RWT) water meters. This number
represents over one-half of the RWT meters to be used as an Alpha test side in Florida for this type
of technology. After the remaining meters in the test group have been installed and tested, the
Department will develop and present a series of productivity demonstrations to top management and
Commissioners.
.
The annual advertisements for solid waste pickup and service campaign were high sucNiebl~ JTE~ ~\
the 1999 season. The Department has received over 200 telephone calls com ime~ if tliI~ 10 ~I..J
advertisements.
N 0 V 0 S 1399
Pg. IS
· The annual mail-out for the County's special assessments which are not billed on the tax bill was
very successful in early October, 1999. This mail-out process has taken approximately 7 days in
prior years. This year, fiscal 1999, the process was completed in 3 days through utilization of a new
printing and folding technique.
· The Department has completed the modification and testing of all the billing software used by the
Department. The major software applications used by the Department are:
Water and Sewer billing (38,000 accounts billed monthly).
Solid Waste (65,000 accounts billed annually and the system tracks approximately 50,000
complaints annually).
Special assessments tracking system. This system bills and tracks approximately 31,189
accounts annually.
Ambulance billing system. This system provides original billing and accounts receivable
management for approximately 17,000 annual ambulance transports.
PUBLIC SERVICES
Domestic Animal Services
· Completed the design and bidding of the new Domestic Animal Services Shelter.
Parks and Recreation
· Conducted the 111 annual Country Jamboree attended by over 14,000 at the Vineyards Community
Park.
· Received a $100,000 grant from the State of Florida for the construction of phase two improvements
at Sugden Regional Park.
· Received an award recognizing Collier County's Summer Food Grant Program run by the Parks and
Recreation Department as the best in the Southeast United States.
· Reached substantial completion of the new Eagle Lakes Community Park, a park design that
incorporates and makes the Utility Department's new effluent holding ponds a part of the recreational
amenity.
· Received public acceptance of a design concept and dedicated the new Conners Park at Vanderbilt
Beach.
· Closed on 200 acres of land for a new North Collier Regional Park project.
· Completed a summer camp program with 1,000 children in attendance.
· Completed the first Soecial Needs Summer Camo for physically and emotionally challenged children
that was very well received by the participant families and community.
Library
· Completed a summer reading program with participation by over 21000 area children.
· Entered into a design contract for a new 301000 square foot regional library,
AGEND~"t:~
No. I ~
~i '.n u I. ~:',~
struction ... I..,...",
Museum
· Completed and submitted an application for an $800,000 grant for Robertls Ranch c
through the State of Florida's Historic Preservation Grant Program.
,{p
Extension Services
. Completed an internally produced Learn to Lead program improving the management skills of first
line supervisors.
Health
. Worked with the local Public Health Department to put together a new public private partnership with
area OB/GYNs to continue to provide important prenatal clinic care.
PUBLIC WORKS
Stormwater
. North Naples, Completed Sperling Court Storm Drain, construction of new outfall.
. Gateway Triangle, Completed Davis/Kirkwood alley Storm Drain construction.
. Completed Phase VII Countywide Ditch Bank Clearing Project.
Transportation
. Completed presented needs analysis for advancing the completion of the Livingston Road Corridor
and obtained BCC approval to expedite the project. The Radio Road to Golden Gate segment is on
schedule for bidding.
. Finalized Immokalee Road Right of Way and design issues allowing project to go to bid in
accordance with accelerated schedule. (PWED support).
Public Works Administration
. Initiated Right of Way discussion with FPL to provide for an alternate Davis/Radio roadway
interconnect. Regional FPL staff and County Public Works staff have reached agreement on a plan
that will allow County use of the FPL easement for the proposed Davis/Radio interconnect. The plan
remains subject to executive level FPL approval as well as County approval.
. Completed the Naplescape Master Plan Implementation report and integrated recommendations into
the FY 00 budget process.
Utilities
. Initiate design for new South County Water Treatment Plant expansion project one year ahead of
schedule. (PWED Support)
. Initiate South County Water Reclamation Facility Re-rating on schedule. (PWED Support)
. Completed Eagle Creek Sewer Utility turnover to County on schedule. Project included construction
of a pump station and force main, easement and conveyance negotiations and billing transition.
(PWED Support)
. Developed and provided interim report on effluent disposal/irrigation planning issues as directed and
on schedule.
. Completed initial implementation phase of the Utilities Asset Management and Operations Software
(Mainsaver) project. This project creates a fully networked asset maintenance, work load
management and inventory control tool for the Water and Wastewater Departments.
Solid Waste
. Developed and reported on Solid Waste disposal alternative to BCC as directed an
The BCC provided direction to investigate combustion and incineration alternatives fu
AGENDA IT~
on AQl,edVle. 10 II- )
er.
NOlI 0 0 i~09
oJ loJ'"
p., 17
EMERGENCY SERVICES
. Improved EOC operations, better control of media presence.
. EMS Provider of the Year award.
· Better relations with independent fire districts; attendance at Chiefs' meetings.
COUNTY ADMINISTRATOR'S OFFICE/MISCELLANEOUS
· Hurricane Floyd, Hurricane Irene, and Tropical Storm Harvey responses.
· Public acceptance of the budget process.
· Sheriffs Office out of Building A.
· FEMA - CRS rating of 7
(15% discount on flood insurance = $2.7 million annual savings to 57,000 policyholders in
unincorporated Collier County)
AGENDA.t~
No. JO~
f" '1./ U~; F~q
.- ..p:g..-
16
':~,:"'~_'~:-':-';~f""'.'
OBJECTIVE: To appoint 1 member to serve a 3 year term, expiring on October 1, 2002, on the
Affordable Housing Commission. .
CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee
created by Ordinance 91-65 to monitor the implementation of the Affordable Housing Task
Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the
County's Growth Management Plan and the City's Comprehensive Plan; investigate the
feasibility of tax increment financing for infrastructure for site development of affordable
housing for low income households; develop means or mechanisms to encourage a voluntary
program in which Realtors, and other holding deposits such as escrow accounts of earnest money
deposits or security for rentals would deposit these in a selected bank where such bank would
contribute to the Housing Trust Fund a gift calculated on the average collected balance for the
month; investigate a plan for any linkage and inclusionary zoning recommendations; review and
determine the effect of proposed ordinances of affordable housing and make recommendations to
the Board of County Commissioners and the Naples City Council; and investigate any other
relevant areas so directed by the Board of County Commissioners. Five members are appointed
by the County and 4 appointed by the City. After initial appointments, terms are 3 years.
A list of the current membership is included in the backup.
_.
The term for Jack Williams, Jr. expired on October 1,1999. A press release was issued and
resumes were received from the following 3 interested citizens:
Lisa A. Gaffney
· John F. Houton (City)
Larry Mullins
Loan Officer
Attorney
Community Affairs
DlST
2
4
3
ELECTOR
ADV. COMM.
APPLICANT
CATEGORY
yes
yes
yes
none
none
none
.Since the City has 3 openings staffhas forwarded Mr. Houton's resume to the City for consideration of
appointment to represent the City of Naples.
COMMITTEE RECOMMENDATION: No recommendation.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests for
appointment; appoint one member to represent the County; and, direct the County Attorney to
prepare a resolution confirming the appointment.
.-
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
AGENDA ~
NO. / (J
NOV 0 9 1999
Pa. I
Agenda Date: NOVEMBER 9, 1999
Oot 18 99 09:30a
HUI DEPT
(941J 403-2331
p.2
MEMORANnlTM
DATE:
October 1 X. 1999
TO:
Su~ Filson, Administrativl: Assistant
Board ofCollnty Commissioll
Cormac Giblin, llUl Manager eG--
FROM:
RE:
Affordable Housing Commission
Here arc two sprt:adshects det.'liling tht: applicanCs qualifications tor the Affordable
Hou~ing Commis~ioIl. On one sprt:adsheet l1cft John TToutOIl 011' bccause he is also a
City of Naples resident and as you know the City has a few vacancies as well. T have
forwarded Mr. HOlllon's request and rc:.sumc to Su~an Golden with the City and suon lhe
City Clerk may contact him about serving on the commission for the City,
Tfthis prescnts a problem you may use the other spreadsht:el in which all applicants.
including Mr. Houton, are listcd.
The commission has not met for a few months then:foJ'e it has been impossible to get
their recommendation.
Thank you
cu
AUacluncnts
AGENDA ~
NO. /(1
NOV 0 9 1999
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NaV 0 9 1999
Pg. \..3
I
e18:S0 SS 81 ~oO
Affordable Housing Commission
~-.-....
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
Casey Wolff 12/03/97 12/02/00 3 Years
2150 Goodlette Road # 600
Naples, FL 34102
District: 4
Category: City
Joan Gust 262-4488 10/18/95 10/05/96 1 Year
482 13th Avenue, S. 262-2281 11/4/96 11/03/99 3 Years i/'"
Naples, FL 34102
District: 4
Category: City/Developer
Bruce Mumm 11/04/96 11/03/99 3 Years ./
1009 29th A venue, North
Naples, FL 34103
District: 4
Category: City At Large/Architect
Jack Williams, Jr. 434-5800 12/03/96 1 % 1/99 3 Years ~~1i
850 A Meadowland Drive
Naples, FL 34108
District: 2
-/ Category: Architect! C""'Jtfy
W. Jeffrey Cecil 263-8898 10/14/97 10/01/00 3 Years
1984 Mission Drive
Naples, FL 34109
District: 2
Category: County/Atty-Affordable Housing Dev,
Sam Goodman 10/14/97 1 % 1/00 3 Years
260 Monterey Drive 775-1570
Naples, FL 34119
District: 3
Category: COWlty/BS Education-Realtor
Mark L. Lindner 262-4333 05/17/94 10/01/95 1 Year
3199 60th Street, S.W. 11/24/98 10/01/01 3 Years
Naples, FL 34116
District: 3
Category: County/Realtor
Wednesday, November 25,1998
Page 1 of2
~~
NOV 0 9 1939
PI. Cf
-..,../
Affordable Housing Commission
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
"'--- ./
Christine E. Chesser 436-5990 11124/98
682 8th Street North, Apt. #1 643-3707
Naples, FL 34102
District: 4
Category: COWlty At LargelFiscal Mgmt
10/01101
3 Years
Vanessa Fitz
2460 14th Street North
Naples, FL 34103
District: 4
Category: CitylReal Estate
643-4955 04/01/96
261-0275 1/9/96
10/01/98
10/01/98
3 Years ./
3 Years
This 9 member commission was created on July 23,1991, by Ordinance No. 91-65, to monitor
the implementation of the Affordable Housing Task Force's Recommendations, and the goals,
objectives, and policies of the Housing Elements of the County's Growth Management Plan and
the City's Comprehensive Plan. Terms are 3 years. 5 members appointed by the County and 4
members appointed by the City. Tara A. Norman, City Clerk 434-4701
-...-"
FL STAT: none
Staff: Greg Mihalic, HUI Director: 403-2330
-
Wednesday, November lS, 1998
Page:1 of:1
AGEN~ ~
NO. T ()
NOV 0 9 1999
PI- '- c:;-
'--"'"
MEMORANDUM
RECEIVED
SE? 0 9 ~~~~
}o1rd of Count] Cc~~'~_
)r~"":
DATE:
September 7, 1999
TO:
Vinell Hills, Elections Office ~ n1
Sue Filson, Administrative ASSist~/] i
Board of County Commissioners
FROM:
RE:
V oter 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,
AFFORDABLE HOUSING COMMISSION
COMMISSION DISTRICT
Lisa A. Gaffney
579 Raven Way
Naples, FL 34110
f<7
:;L
John F. Houton
275 Yucca Road
Naples, FL 34102
~F
l~
1
Larry Mullins ("-0.. fA y- e nC e.. )
3885 Huelva Court
Naples, FL 34109
3
Thank you for your help.
-
~J~
NOV 0 9 1999
PI. (p
MEMORANDUM
DATE:
September 7, 1999
Greg Mihalic, HUI Director :#
Sue Filson, Administrative Assistant j
Board of County Commissioners ""
TO:
FROM:
RE:
Affordable Housing Commission
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Lisa A. Gaffney
579 Raven Way
Naples, FL 34110
John F. Houton
275 Yucca Road
Naples, FL 34102
Larry Mullins
3885 Huelva Court
Naples, FL 34109
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
~~)~
NOV 0 9 1959
PI. 7
139/03/99
13:53
LUTGERT COMPANIES ~ 7743602
NO. 538
~0:
Larry MulliN
Director of Community Affairs
RECR!1~ CompllDics
4ioo e'Ulr'Shore Blvd. N.
Naples. FI.. 34103
~~.., n aoo
September 3, 1999
Sue Filson
Administrative Assistant to the Collier County Commission
3301lJ. S. 41 E,
Naples, FL 34112
Dear Ms. Filson,
I would be intereSted in serving on the Affordable Housing Commission for the County,
t hav.11ved In Collier County for 13 years and turve S8IV8d a President and CEO ofUle Wyndemere
lopment Company .,d The V~ Development Compar1y both In Naples. Currently I serve
~rector of Community Affajl'8 for the Lutgert Companiea and Premier Properties of SW
a commissioner on the Florida AiTordable Housing Study Commission. I have served
8.
f some service to the County I would be happy to serve.
.....
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NOV 0 9 1~99
PJ. ~
.............
RECBVED
AUG 3 1 1999
August 30, 1999
~ard of C.;unt~' Ccm!':lissjcners
Collier County Commission
3301 U.S. 41 East
Naples, Florida 34112
Dear Sue Filson:
I would like to be considered for a voluntary position on the Affordable Housing
Commission. I have been in the mortgage industry for 9 years and I have met many
people who are in need of affordable housing in Collier County.
Collier County is a booming community but many of the new residents moving into our
area are taking pay cuts to move here but are also facing higher housing costs. I believe if
Naples is to continue to attract the needed citizens required to continue it's growth and
prosperity, it must make housing affordable for all citizens.
Thank you for considering me for this position. I can be reached at 593-1305 during the
day or 597-9428 with any questions.
Sincerely,
~~
NOV 0 9 1999
Pg. ?
--
Lisa A. Gaffney
579 Raven Way
Naples, Florida 3-1110
(941) 597-9428
OBJECTIVE
To participate in a voluntary position which benefits the community which I live and raise a
family in.
WORK HISTORY
Fifth Third Bank, Mortgage Loan Officer
December 1998 - present
Assist customers "ith financing to purchase a home or refinance their existing home; Emision
new products to accommodate our market: Develop new business.
Fifth Third Bank. Mortgage Loan Manager
January 1994 - December 1998
Establish processing department to pro,ide local processing, underwriting and closings:
Implemented Bancorp procedures and policies on a localleveI: Prepare various repons for senior
management; Manage daily acthities; Train new employees.
Citizens National Bank. Mortgage Loan Processor
April 1993 -January 1994
Assemble required documentation to complete mongage loan files.
Citizens National Bank, Constl1lction Disbursement Coordinator
September 1990-Apri11993
Ordered inspections and collected lien releases to disburse draws to contractors.
EDUCATION
Mortgage Lending Certificate
American Institute of Banking, 1990 - 1997
Course work including: How to Supenise People: Analyzing Financial Statements: and
Construction Lending.
Bachelor of Science. Business Major I Math Minor
Florida Southern College, 1985 - 1989
Delta Sigma Pi, Honorary Business Fraternity
A WARDS/COMMUNITY SERVICE
Mortgage Bankers Association
1999 - 2000, Past-President/Governor; 1998 - 1999, President; 1997 - 1998, President-Elect;
1996 - 1997, Treasurer; 1995-1996, Secretary
Small World Parent Advisory Committee
1998 - present
Work with the parents and staff of a local daycare center to plan and hold fund raisers for the
benefit of the center; fonnulate new ways to educate and train the students; and organize family
functions.
AGfW} JI}!!3
NO. ,
NOV 0 9 1999
PI. / ()
'.:'n/l;'~'.
.c' .. ""~
John F. Houton
Attorney At Law.
275 Yucca Road
Naples, FL 34102
(941 )643-5051 Fax(941 )263-5051
. .-. : ,... . ~~IJI1
'"" __ '" _ .~..J.:J
~1 -of CDoI..Je1t) ~J~:n ji:.\.:lr':
September 1, 1999
Mrs. Sue Filson
Administrative Assistant
Board of County Commissioners
301 Tamiami Trail East
Naples, FL 34112
Re: The Affordable Housing Commission, vacancy
Dear Mrs. Filson:
Please find enclosed cv materials for review, filed as a result of my interest in
serving on the subject commission. I can provide further background information and
references as you may require. Thank you.
~'ncere~sl
'.~~~~
"^'\,"'\. . ~
Jo n F.(Jack) Houton
Attorney At law
AGENDA fT~
NO. /0
,
NOV 0 9 1999
Pg. //
*admitted to practice in Florida & Massachusetts
John F. (Jack) Houton
275 Yucca Road*
Naples, FL 34102
(941)643-5051Fax941-263-1725
CAREER HIGHUGHTS:
MARITIME: U S. NAVY... Depanment Head aboard ship and ashore,five + years responsible
for all seamanship evolutions, acquisition of supplies ,cargo handling, feeding
ships company ,qualified early as officer of the deck underway, 10,000 ton vessel
and Command Duty Officer in Pan. Officer in Charge on transpon of numerous
naval craft along New England coast. Rated by senior command "A BO RN
SEAMAN. Evaluations throughout active and reserve assignments replete ~ith
perfornlancegrades of 'EXCELLENT TO OlITSTANDING'...' ONE OF THE TOP FEWn
Taught at post graduate level within the Naval Service: INTERNATIONAL L\ W,
INTERNATIONAL REL>\TIONS ,COUNTERlNSURGENCY, NATIONAL STRATEGY, COMMAND
AT SEA. Graduate Law School srudies in: ADMIR\LTI' L\ W ,Suffolk University Law School
Qualified for command at sea and ashore: Last command: Commanding
Officer, US. Naval Reserve Officers School 1--:, Fall River, Massachusetts
MA.J~AGERlAL &
ADMINISTR\.TIVE: US. NAVY.. Special Senices Officer, U.S, Naval Station,Ne\\von, R.I.
Responsible for developing ,e.'..pending budget in excess of $1.000.000
and perfonllance of more than 100 military personnel and 35 federal ch.ilian
employees \\ith significant contract bidding and award experience \\ith dvilian
vendors, celebrities, entenainers. Rated "EXCELLENT TO OmST:\.I'IDINGI in the
"rvLWAGHvlENT OF MEN. MONEY AND rvL\TERlill' in the direction of a multi-
faceted recreation, entenainment and arts oriented program senicing 35,000.
GOVERNMENT SERVICE: Assistant to: dle Mayor of Boston ,the House Majority
Leader, the Speaker, Massachusetts House of Representatives and the State
Attorney General sening as Assistant Attomey General,
Significant oral/written communication skills & e.xperience
ELECfIVE OFFICE: Two ternlS Democratic City Committee, Boston, .MA; Board of
Library Trustees, PrmincetO\\l1 , MA. Elected Delegate to state and national
Democratic Conventions ,Boston & Prmincetov.-l1 , MA.
APPOINTIVE OFFICE: US,Navy:Crypto Officer; Summer Wl1ite House Presidential
Staff, 1959 & 1961
Civilian: Mayor's Designee, President's Committee On Equal OppoITUnity In
Housing; Staff member to Massachusetts Special Legislative Commission on Low Income Housing,
Clerk, Massachusetts House of Representatives, Committee On Rules,
Provincetown: Chair, Harbor Planning Committee ,Chair, Board of Library
Trustees, Chair, member Planning Board...perfonnance rating:HIGHEST LEVEL.
LEGAL: ATTORNEY, In good standing, Massachusetts since 1968; admitted to practice
Massachusetts Supreme Coun , US. District Coun, Boston, US. Circuit Coun of
Appeals and the US. Coun of Military Appeals. Admitted to pracrice in Florida Nov" 1998
AGENDA ITE~
NO. /0
f
NOV 0 9 1999
pt. 1;2..
*home residence
email:coastal222@aol.com
Jack Houton: Current & Miscellaneous/Continuing Activities in Entrepreneural and Legal Guidance"
Real Estate Conveyancing & Business Development, International Trade Guidance, ArtslEntertainment
Law, Health Care Issues,Uterary Agency, Probate and Estate Guidance, Maritime Law, Government
Relations
Activities/Afiliations: Collier County Bar Association
Member,Collier County Economic Development Councill Inc.
Collier County International Task Force(EDC)
Dual Citizenship U.S. & Ireland (Europen Union Citizenship)
Naples Area Board of Realtors & Association of Real Estate Professionals
(NABOR) 1999:Allied Member,Title Insurance Agent The Attorneys' Fund of Florida
PTO Gulfview Middle & Naples High
Odyssey of the Mind :Sea Gate Elementary 1996 & 1997-98 Mentor & judge
1998 participant in presenting Mock Trial dramatization(Collier County School
Board/Sea Gate Elementary)
Member Naples Players:Active in drama Naples/Provincetown, MA
Fluent in navigating the IntemetLiterate in MAC/AOL,trained in DOS Wordperfect
Maintain significant liason with Congressional staff/offices monitoring
legislation & budgetary issues: ISTEA ,Economic, Trade & Sustainable
Development. Available to act as agent or lobbyist Washington D.C. .
May 1999 Participant Second Annual Conference on Technology and
Investment Opportunities from Israel, Ireland and Northern Ireland. University of
Massachusetts, Boston.
May 1999 Attendee International Business Expo'99,Javits Center, New York
May 1999 Attendee Intrenational Trade Show,Ft. Myers, FL
October 1998 Attendee "EURO: January 1999: Strategies For Change"
World Trade Center,Boston
Member: Army & Navy Club, Washington, D.C.
A~
NO.
I
NOV 0 9 1999
Pg. 13
email:Coastal222@aol.com
"admitted to practice of law in Florida & Massachusetts: Florida Bar #0158216
OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms expiring on
February 4, 2000, plus an additional 2 year term expiring on February 4, 2002 on the County
Government Productivity Committee.
CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice
chair of the Board of County Commissioners. The remaining twelve members are appointed by
resolution of the Board of County Commissioners for a two year term and must be permanent
residents and electors of Collier County. Committee members are required to possess special
expertise and experience related to managing large organizations, and must be balanced in
representing the views of the community. The committee reviews the efficiency of departments
of County Government under the jurisdiction of the Board of County Commissioners. The
committee may analyze and review existing structure, organization, staffing, management,
functions, business practices, and procedures of any or all parts of county government and make
recommendations for increased efficiency and cost-effectiveness. The committee may also assist
in the implementation of those recommendations.
A list of the current membership is included in the backup.
John E. Stockton and Robert M. Cahners have both resigned as members of this committee. A
press release was issued and resumes were received from the following 5 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
James R. Gibson, Jr. budget & financial mgmt I yes none
Beverly Edwards contract mgmt & stragetic planning 1 yes none
D. Joseph Donahue consumer electronics engineering 4 yes none
Anthony J. Decembrino juvenile justice & social programs I yes none
Eric J. Wader international marketing 4 yes none
COMMITTEE RECOMMENDATION:
James R. Gibson, Jr.
Beverly Edwards
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMP ACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members and direct the County Attorney to prepare
a resolution confirming the appointments.
-.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
AGENDA'TEM
NO. /P ~
NO\' u ~ 19SJ
PI. J
Agenda Date: NOVEMBER 9, 1999
Memorandum
RECE!VED
.... ,,7 ., 4 1990
. 'OJ' _ I _
30Jrj 0f Count} Scm~i~sjoner~
To:
Sue Filson, Administrative Assistant J
Board of County Commissioners
n
Gary Vincent. Senio' Budget & Management Analyst~' ,IJ
Staff Liaison to the Productivity Committee ' p
From:
Date:
October 22, 1999
Subject: Recommendation for filling two vacant positions on the Productivity Committee
The Collier County Government Productivity Committee has reviewed five applications for the two vacant positions
on the committee. The applicants were evaluated based on their potential contribution to the committee.
The committee has recommended the following two applicants for appointment to the committee.
Name
Area of Exoertise
James R. Gibson, Jr.
5041 Mabry Drive
Naples, Florida 34112
Budget and financial management
Beverly Edwards
PO Box 1820
Marco Island, Florida 34146
Contract management and strategic planning
The remaining three applicants are listed below.
Anthony J. Decembrino
2053 Rookery Bay Drive, Apt. 2007
Naples, Florida 34114
Juvenile justice and social programs; City
government
D. Joseph Donahue
3971 Gulf Shore Blvd., PH 201
Naples, Aorida 34103
Consumer electronics engineering
Eric J. Watler
1525 Dolphin Lane
Naples, Florida 34102
International marketing
Please call 774-8810 if you need any additional information.
~
AGEND~!M
NO. /.
NOY L 9 1999
PI. ;z,
County Government Productivity Committee
Name Work Phone Apptrd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Sharon M. Hanlon 774-3333 03/23/99 02/04/01 2 Years
4555 Shearwater Lane
Naples, FL 34119
District: 5
Category: Attorney
Wolfgang B.P. Schulz 07/28/98 02/04/00 1.5 Years
260 Lambton Lane 455-7909
Naples, FL 34104
District: 3
Category: Exec Mgmt & Financial
Bill L. Neal 11/07/95 02/04/96 3 Mo.
3839 Clipper Lane 774-6325 2/17/98 02/04/00 2 Years
Naples. FL 34112
District: 4
Category: Retired Businessman
.
"(\ aI:- 0... "- 11/07/95 02/04/96
John E. Stockton (.('~\~ ,.-,.. 2Mo.
2230 Royal Lane 77 4-0902 2/1 7/98 02/04/00 2 Years
Naples. FL 34112
District: 1
Category: Retired Businessman
Judith E. McCaffrey 514-2800 01/12/99 02/04/99 1 mo.
225 5th Street. S. 1/12/99 02/04/01 2 Yrs.
Naples. FL 34102
District: 4
Category: Attorney
.
S \ ~ l' -e'" "l q 07/28/98 02/04/00
Robert M. Cahners ,-! \I' \5- 1. 5 Y rs
4535 Lighthouse Lane 793-4574
Naples, FL 34112
District: 4
Category: Property Mgmt & Bs Publishing
Janey Vasey 01112/99 02/04/00 1 Year
4398 Longshore Way North 598-4378
Naples, FL 34119
District: 5
Category: Financial
Wednesday, March 24,1999
Page 1 of3
A ITEM
NO. /f) (I ~
. NOV U 9 1999
PI. . '-~
County Government Productivity Committee
Name Work Pltone Appt'd Exp. Date Term
Home Pltone DateRe-appt 211dExpDate 2nd Term
Edward T. Ferguson 02/28/95 02/04/97 2 Years
215 Silverado Drive 3/23/99 02/04/01 2 Years
Naples, FL 34119
District: 3
Category: Business MgmtlEducation
Karl J. Otto 11/07/95 02/04/96 3 Mo.
901 Collier Court, No. 5-201 642-3798 2/17/98 02/04/00 2 Years
Marco Island, FL 34145
District: 2
Category: Retired Engineer
Donald Campbell 03/23/99 02/04/01 2 Years
6849 Crenadier Boulevard. # 11 0 1 598-3426
Naples. FL 34108
District: 2
Category: Corporate Management
\Villiam E. Ebben 12/09/97 02/04/99 1 Year
12254 Colliers Reserve Drive 592-1158 3/23/99 02/04/01 2 Years
- Naples. FL 34110
District: 2
Category: Corporate Executive
James D. Carter 77 4-8097 o 1/12/99 01/11/00 1 Year
3301 E. Tamiami Trail
Naples. FL 34112
District: 4
Category: BCC Vice Chairman Designee
Charles E. Getler 07/16/96 02/04/97 1 Year
6855 San Marino Drive 598-1860 3/23/99 02/04/01 2 Years
Naples, FL 34108
District: 2
Category: Business Management
-
Wednesday, March 24, /999
Page:2 of 3
-
AGENDA IT~
NO. / {J
NOV U ~ 1999
PI. t
County Government Productivity Committee
Name
Work Phone
Home Phone
Appt'd
DateRe-appt
Exp. Date
2/U/ExpDate
Term
2nd Term
This 13 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No.
93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of
the BCC. Committee members are required to possess special expertise and experience related
to managing large organizations, and must be balanced in representing the views of the
community. The committee reviews the efficiency of departments of County Government under
the jurisdiction of the BCC. The committee may analyze and review existing structure,
organization, staffing I management, functions, business practices, and procedures of any or all
parts of county government and make recommendations for increased efficiency and cost-
effectiveness. They may also assist in the implementation of those recommendations. Terms
are 2 years.
FL STAT:
Staff. Gary Vincent, Budget Analyst II: 774-8810
'Wednesday, Murcil 24, 1999
-
Page 77;;3""'""
NO. I~
NGV 0 9 1999
..s
PI-
MEMORANDUM
RECE1VED
SEP 0 9 1.999
DATE:
September 7, 1999
~n;,,; ..
,": ;;nr. .,-' i'"", . _,...:
. ,,,;11,11 ~ol ,oner':
TO:
Vinell Hills, Elections Office () 2/
Sue Filson, Administrative Assist~/\ ..
Board of County Commissioners
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
COUNTY GOV'T PRODUCTIVITY COMM
COMMISSION DISTRICT
James R. Gibson, Jr.
5041 Mabry Drive
Naples, FL 34112
~
I
Beverly Edwards
P.O. Box 1820
Marco Island, FL 34146
L~
I
D. Joseph Donahue
3971 Gulf Shore Boulevard, PH 201
Naples, FL 34103
~
i
Anthony J. Decembrino
2053 Rookery Bay Drive, Apt. 2007
Naples, FL 341 14
r
I
Eric J. Watler
1525 Dolpin Lane
Naples, FL 34102
~
1
Thank you for your help.
~~~(J~
NO\' lJ 9 1999
PI. (e
MEMORANDUM
DATE:
September 7, 1999
TO:
Gary Vincent, Budget Analyst II ~ ().J..
Sue Filson, Administrative Assistaif f t
Board of County Commissioners
FROM:
RE:
County Government Productivity 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:
James R. Gibson, Jr.
5041 Mabry Drive
Naples, FL 34112
Beverly Edwards
P.O. Box 1820
Marco Island, FL 34146
D. Joseph Donahue
3971 Gulf Shore Boulevard, PH 201
Naples, FL 34103
Anthony J. Decembrino
2053 Rookery Bay Drive, Apt. 2007
Naples, FL 34114
Eric J. Watler
1525 Dolpin Lane
Naples, FL 34102
Please let me know, in writing, the recommendation for appointment of the advisory committee
witl~in 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
AGENDA ITEM
NO. /pc!-,
NOV U 9 1559
PI- 7
Attachments
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CoHi,,:- COllJ1lY Commission
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1:1111 wriling ill responsc' 10 Collier COllllly'S :lJ11101IJJeCmem eoneerBJJ1g ';:l;::ll1cii.'~;)11 Ihe C)ji:,'r COlll1lY
PLll1liJJlg COll1ll1ission ;ll1d IIle Counry GOYCn1J1lcm PrOdllCI1\'i:y Comm;t!..'c. f ;1ll1 :J rilll-llJl1C n.'sldc111 or'
ColIi~'r C'Jllllly. fl:l\'illg ll1o\'Cd 10 N:lpk'S irolll I'.f:lrY(:lIld Ihrc~ ::!ld:l Idf:~lrs ;igO :ut.::r rctinng with
twel1t;:-.'ighl YC~lrs of sC1\'icc \\itII the BJltimorc COl:lU~' go\'crnmellt.
During my CJrcer \\ ith B;.l!ll:::ore COUI1tY-J full scryic,:: hom'~ rule subdi\'lson scpJrJtc and distine: frem
Rlltlll1cr..: Cityn-f scr:cd in \ JrJous fill~wciJi ;ll1Q LJl:cgct:.IfY C:lpJcities. Dunng m:: f:lSI eight YCJrs \\It:l
thc Couil~Y. ! sc!"\ed JS the COUlllY'S Director of Fin:!!!cc: Jnd. p:-:or to 111\' :!ppoint:J\c:n JS D:r..::.:::or of
Fi!l:lnc.:. ! ser:ed tll~ COUl1ty ~s the De~u:\' DJr(:ctor of t!l~ Eudg,::!. I possess significant c~;p_'r:e:lCe in
public finallce :lJJd IllJlI:.lgcmelll. espccJJily ll1lh,c Jr~JS of CJpll:.l1 progrJII1 pLmll!ilg :lIId fin:m::
! would consider it J slgJlIfic:.lllt honor :l11J rcsponslbliry to $~r\": Collier COllmy ::S:1 Illcmb.:r cf 'cithcr
tll.: COllnty P!:!nJli:Jg Cummission or [h.: Go',cmm.:nt Productl\"it;: Comm!{t.~c. [-"Jr consjd.:r~!lC!l by
::ourscJf :md the ('ounty COlllllllSSJCn !Ck~!$c find cJ;closed 111:: profession:l1 reSU:l:: ~:t:.1iJi!lg !:J\ relc\':mt
C:He..:r c.\r.:ncncc.
If:.1 Jddition:.1! information or clJnfic::tloll lllJ;: be required. pkJSC do !let !lcsir;Jtc 10 ..::ont:lC: m.:. !m:l:, L"'~
rC:lchcd:lt telephone number ('}.t I) T2-S~~Il.
Sincere];:.
, , \':
L
, I
. ~ n \ j ~
JJl1lCS R. Gibsoll. Jr,
(--
AGENDA ITEM
NO. 10 e-
NOV U 9 1999
~
PI-
51 Silver Fox Court
Cockcysvifle, MD 21030
JAMES R. GIBSON, JR.
Director of Finance
Baltimore County, Maryland
Home phone: 410/667-0663
Bus. phone: 410/887-2430
EXECUTIVE PROfal!E:
Experienced 'finance executive; well qualijied in the leadership of muHi~
million dolJai f:nanc9 org2nizations; well developed analytical negotia-
tion, presenta~jon and org2nization skills. Expertise includes:
. Investment man5gement
-Revenue control and accountability
-Accounting and audit control
.:ash fiavJ p:u~ll:iig
aSystems development
-Debt management
-Retirement plan administratlon
-Budget formulation and execution
~"S~~=~:::;,!= ~!::n!,!ing and analysis
-Procurement administration
PROFESSIONAL E..,,,{PERIEJ\jCE:
Director of Finance
FebrueT'/ 1988 to Decsmt:?r 1995
Served as the County's Director of Finance with responsibility for
administratio:1 of all financial, accounting, payroll, disbursement and
procurement programs. Responsible for all collection, investment and
debt management functions. Directed a staff of over 100 employees.
Chairm:Jn of tile Board of Trustees and System Administrator for the
CounLY's $-1.1 billion Employees' Retirement System. Full responsibility
for strategic direction and management of all System operations. Supei-
vised investment policy and retention of all required professional
services; i.e., actuaries, investment managers and custodians.
Achievements:
II Exec~ted over $1 billion in debt financings since 1988.
· Secured AAA bond rating by Standard and Poor's and Fitch
;nvestors and maintg:ned Aaa bond raiing iJy Movdy's li'.vf:stors
II Executed six refunding bond financings since 1991 providing gross
savings to the Coun~y of over $28 million.
II In 1988 issued $171 million in Pension Liability Funding Bonds,
eliminating, at a net savings to the County, pay-as-you-go benefit
financing for a closed fire and police pension fund.
· Implemented master lease equipment financing program.
II Developed cash flow and debt affordability and analysis program.
a Implemented state-of-the-art financial/accounting and human resource
management information systems.
!OJ Chaired the County's Information Systems Steering Committee, devel-
oping a long-range plan for systems development.
DeputJl Director of tile Budget
November 1984 to Feb
AGENOA~(
rt9!)tJS
NOY U ~ 19S3
ement of 9
vftiignt
Assisted the director in the planning, coordination and mana
all budget formulation and administration activities including
of the County's $900 million operating budget and $700 million capital
improvement program.
Achievements:
II Developed and implememdd the County's first automated operating
budget formulation system.
;J Developed and implemented the County's first autom~ted capital
improvement program formulation system.
~ Developed the County's first long-term fisc::::! assessment 2nd multi-
year revenue and expendlture projection models.
Invastment Division Supervisor
.Jr.H7e 1982 to November 1984
A~cou~table to the Director for aU investment~ debt management and
retirement administration activities and fisc~1 policy analyses.
Achievements:
a Assisted in the development and implementation of a diversified
asset allocation policy tor retirement system. - .
II Developed and implemented performance measure and monitoring
criteria for system investment managers.
Administrative Budget Analyst IV
October 1979 to June 7982
..-
Served as team reader for four-member budget analysis section
responsible for all county revenue forecasting, capital improvement
program development and the formulation and execution 0'( eighteen
agency operating budgets with combined appropriations of $150 million.
Administr2tive Eudget Analyst I, II, III
1968 to 1979
Progressively responsible experience in agency operating and capitel
budget formulation and execution. Assisted in County's legislative
liaison program, and testified before the State Legislature.
PROFESSIONAL ACTIVmES
Member, Maryland Public Finance Officers Association
Member, Government Finance Officers Association
Member, National Council Public Employees' Retirement Systems
EDUCATION
-',
Bachelor of Arts, Political Science, 1967
Western Maryland College
Westminster, Maryland
AGENOA~
NO. /~
NOV u 9 1999
PI- /f)
REFERENCES
Executive references available upon request
Au~ 28 99 OS:04a
Dr. James E. Edwards, Jr. 941-389-9140
RECEIVED
AUG 3 0 1999
27 August 1999
Board of County Com~issioners
Ms. Sue Filson
Collier County Commission
3301 U.S. 41 East
Naples, Florida 34112
Subject: Advisory Committee
I am interested in receiving more information regarding the volunteer
position for the County Government Productivity Committee as reported by
the Naples Daily News. I have recently returned to my home on Marco
Island, am now a full-time resident, and I believe my background and
experience will contribute to this committee.
I have attached a brief summary of my resume for your review. I look
forward to an opportunity to further discuss my qualifications and the
requirements oftbe available position. I may be reached at 941-389-9140.
Sincerely,
~~r~L_~
p. 1
.
AGENDA ITEM
NO. / I:J C-
NOY u 9 1999
Pg. II
Au~ 28 99 06:04a
Dr. James E. Edwards, Jr. 941-389-9140
p.2
BEVERLY E. EDWARDS
P.O. BOX 1820
MARCO ISLAND, FLORIDA 34146
941-389-9140
EDUCATION
M2ster of Science, M.S.
Marymount University, Arlington, Virginia
Management/Administration 1996
Bachelor of Arts. B.A.
National-Louis Univeaity, McLean, V~
Management 1991
Masters Certificate
George Washington Unive1Sity
GovecunentContt2Ctin&1988
Professional MilitllrY Comptroller Course
Maxwell AFB. AL
1994
.A1my Management Staff College, Ft Belvoir. VA 1990
--
Contracting Officer Representative Course, Ft. Belvoir, VA
1987
Operations Resea.a:h SystemS Analysis, The Pentagon
1987
Command General Staff C..allege
1986
EXPERIENCE
Occober 1998 - June 1999
Contract Management Coruuhant
The Australasian Institute, Sydney, Australia
Initiated, developed, managed and supervised conb:3Ct uevclopmcnt fut more than 15 latemational
educational support products and programs. Coordinated aspects of contracts with pmgr::un managers and
top level Institute petsonnel. .Also a member of the Institute's Intemational GCLduate Faculty in the areas of
Management, Administation, Women in Management, CommwUcations, and Health Care Administration.
1997- 1998
Director of Plans, StrAtegic Plans and Analyses, Office of the Assist21lt
Secretary of Defense for Reserve .Af&its, The Pentagon
Responsible for the planning. development, and cootdination of the policies and procedures, with budgeting,
implementation, and management of a Congressionally mandated $20+ Million dolbr national Am1y, Navy,
Air Force, M2nne, Coast Guatd Active Duty and Reserve Component ;omt military tnining progcun
conducted within numerous civilian communities. Developed and maintained datlbases and spreadshcc:ts.
provided data aulysis and reports fur the Department of Defense and Congmlsiooal Reports and inquires.
Upon completion of this assignment atId after 24 yeatS of military senr:ice, I retired with the rank of Colonel.
.....-...,
1995-1997
Deputy Director, Civil-Military Medical
Directorate, OffICe of the &sistant Seere
Programs, Civil-Miliwy
of Defense for Reserve
~~~~
NOV 0 9 1989
Pi- /::J.JO
1 aU
Aug 30 SS OS:3?p
Dr. James E. Edwards, Jr. S41-38S-S140
p.3
.Aff.U.Ci, The Pentagon (Army, Na"Y, Air. Force, Marine, Coast Guard Active
Duty and Reserve Component (National/lntemation2l)
Responsible for the planning and the cootdination of the policies, procedures, implementation, and
management of the Civil-Military Medical Programs for the Anny, Navy, .Air Force, Marines, Coast Gua.nl
Active Duty and Reserve Component joint milirary-<:iviliao medical training program conducted within
numerous civilian communities. Developed 2nd maintained databases and spreadsheets, provided data
analysis and reports for the Department of Defense and Congressional Reports and inquires.
1992-1995
Chief NUlSe, Aany National GIWd, Deputy Chief, Health Services
Division, Nation2.l Guard Bureau
Responsible for the planning, coordination, implementation and monitoring of policies 2nd procedures for
Army National Guud office1' and enlilted nUlSing petl50nnel fue the 54 States and Territories. Developed
and wrore numerous policies and procedU1'CS encompassing and inregr:uing civilian and military health care
and nwsing srandatds using Total Quality Management principles.
Promoted to Colonel/06
1990-1992
Executive Officer, O1ief, Operations Branch,
Health Services Division, Army National Guard, National GlWrl Bureau
1987-1990
Health Care Administrator, Office of the Army Surgeon, National Guatd
Bureau, Contraeting Officer's Repn::iCIJtative (COR) - HIV National
Contnet and CardioV2Scular Screening Program
1985 -1987
Recruiting and Retention National Medical Program Man~r, Personnel
Division, A2:my NatioruJ Guan:l, National Guam Bureau
1982-1985
Medical Recruiting and Retention Induction Officer, Personnel Division,
Tennessee Army National Guard, Tennessee A1my National Guard
A WARnS, DECORATIONS, AND RECOGNITIONS
Defense Superior Service Medal 1998
Legion of Merit
1995
Meritorious Service Medal (3rd OLq
Aany Commendation Medal (2-d OLe)
1992/1991/1985/1984
1991/1987/1983
Anned Forces Reserve Medal
National Defense Service Ribbon
Army Reserve Components Overseas Training Ribbon
~Jcrt4~
t:GV U ~ 1999
Pi. J . --=?
2aU
National Guatd Bureau Minuteman Award
Nation2l Guard Buteau O1iefs Honor Ron
Top Nation2l Medical Rccmiu:r 1983/1984
Master Recruiter Bulge
1991
1984
Au~ 30 99 09:37p
Dr. James E. Edwards, Jr. 941-389-9140
p.4
Tennessee Distinguished Service Medal
Tennessee Recruiting Merit Ribbon
1985/1995
1983
Commander in ChieFs Special Recognition 1993
For Excellence Award by Secretary of Uefense
Senator Daniel K. Inouye, Hawaii, 1993
Internship-Health Policy
Commander in Chiefs Special Recognition 1992
For Excellence Award by Secret2ry of Defunse
Certificate fur Exceptional Service and 1990
Contributions fur Operation Desert Shield/Stoan
Selected :IS a Represen12tive for the Army 1990
National Guard Iadership Campaign
Published in Nationwide magazines
Other Special R<<ognidons/SeJectioDs:
Selected for Senior Service School! Army War College
1994
,-
Amty Communities of Excellence
Army National Guard Site T~
1992 and 1993
Civilian Honors:
1994 Commencement Speaker, National Louis Univetsity~Mc:Lea.n
Graduate/Undergraduate Ceremony, American Univctsity
1993 Sigma Theta Tau Inremational Honor Society of Nursing
1991 Who's Who Among Student in American Univctsiries and Colleges
1990 Fellow, National-Louis Univetsity
1982 Outstanding Young Women of America
1978
Others provided upon request
AGENDA ITEM
NO. ./ 0 ~ .
~~OV L ~ 1SS9
PI. /f
3 of!!
- FROI t : JOE DONAHUE
FAX NO. : 9414351472
Aug. 31 1999 11:01AM Pi
f. .... .
, . t '
.,.... "'!.6...a.. -,'--
AUG 3 1 t~2J
August 331.ili99~~unt.Y COllUllss1oners
Ms. Sue Filson
Collier County Commission
3301 U.S. 41 East
Naples, Florida 34112
Dear Ms. Filson,
Based upon the newspaper article of August 27, I wish to be
considered as an applicant for the County Government Productivity
Committee. As you will note from the enclosed resume I have
supervised a diversity of small and large business organizations over
several decades. Constant productivity improvements were a
continuing priority because of the competitive nature of the
businessese
I am now retired and a full time resident and a registered voter of
Collier County_
Sincerely,
D. Joseph Donahue
3971 Gulf Shore Blvd. PH 201
Naples, Florida 34103
Phone
FAX
E-mail
435-9134
435-1472
joedonahue@worIdnet.att.net
AGENDA IT~
NO. / ()
.
NOV U.9 1393
PI- / S-
. :::;E DONAHUE
FAX NO.
9414351472
Aug. 31 1999 11:02AM P2
D. Joseph Donahue
During the early fifties at RCA, Dr. Donahue pioneered tbe development of the first color
picture tubes and is the bolder of a number of important patents. These original design and
process concepts are still in use today by tbc worldwide picture tube industry. Dr. Donahue
experience also includes 17 years with RCA Semiconductors where be held positions of Vice
Presidcnt of Europe, Viee President of Integrated Circuits and CEO.
In 1977 be joined ReA Consumer Electronics with overall responsibility for engineering,
purchasing, manufacturing and product assurance. Under bis direction the factory in
Bloomington, Indiana was automated and became the largest television receiver plant in tbe
world. In 1982 he was named CF.O, where he further strengthened RCA market leadership in
television receivers, VCRs and camcorders. He was named tbe 1983 Consumer Electronics
Man Of The Year by Dealerscope magaziae.
In the late 19808 he establisbed an RCA- Thomson omce in Washington, DC and became
highly involved with broadcasters, manufacturers, the government in the field of digital video
technology and high definition television [HDTV]. This technology provided the foundation
for the Digital Satellite System, tbe world's first commercial digital television system
introduced by DirccTV and USSR in 1994.
The Federal Communicationli Commission [FCC] appointed Dr. Donahue a member of their
Advisory Committee on Advanced Television Service. He worked with the other HDTV
stundard proponents to form the Grand Alliance which developed the "best of the best"
digital HDTV system which bas been adopted by the FCC as the HDTV broadcast standard
for the United States. He received an EMMY from the Academy of Television Arts and
Sdences for his work on tbe HDTV standard. Commercial broadcast ofHDTV by all major
networks b~an in the fall of 1998.
Dr. Donahue chaired a worldwide committee which standardized the digital recording of tbe
digital HDTV signal on VCRs. He also conceived and led the establishment oftbe first
developmental HDTV station, WHD, In Washington, DC. The station, a joint project of
broadcasters and manufacturers, bas been on air since mid 1996.
He entered the U. S. Navy upon graduation from high school and rose to officer ranks. He
received hUi B.S., M.S. and Ph.D. degrees in Physical Chemistry from the University of
:'-ofit:higan. While in Graduate School he taught General Chemistry and Physical Chemistry as
a Teaching Fellow and Instructor, respectively.
During his profe.4Lliional career, Dr. Donahue has authored numerous technical and busjncss
papers. He has run businesses with over 20,000 employees and has very extensive experience
in Europe and the Far East. He has served on numerous boards, including RCA Great
,- Britaill, ReA Taiwan, RCA Meneo, ReA Licensing, Crown Wood Products and Anadigics.
He is a Fellow of tbe Institute olElectrical and Electronic Engineers and he received the
Distinguished Service Award of the Electronics IDdustry Association.
AGENDA ITE~
NO. /0 C~
NOV U 9 1999
PI. / I e
NORTH AMERICAN FAMILY INSTITUTE, Inc.
creating diverse and innovative services for people
Sponsored by
THE STATE OF FLORIDA, DEPARTMENT OF
JUVENILE JUSTICE
Hendry Halfway House
11439 Wainwright Rd.
Immokalee, FL 34142
Phone - 941/658-3655
FAX - 941/658-3662
SEP 0 1 1999
Youth Development Academy
11439 Wainwright Rd.
Immokalee, Fl. 34142
Phone - 941/658-3640
FAX - 941/658-3651
fRECE!VED
)oar1 of County Com~issicners
Ms. Sue Filson
Administrative Assistant
Collier County Commission
3301 U.S. 41 E.
Naples, FL 34112
August 29, 1999
Dear Ms. Filson:
I have enclosed my resume for consideration to serve on the County Government Productivity
Committee. I have recently moved to Naples from Pennsylvania where I served thirteen years as
City Council President for the Borough of Ambler Montgomery County. I am currently Director
of a level six juvenile facility operated by North American Family Institute and sponsored by the
Florida Department of Juvenile Justice. Since my move to :\aples I have wanted to become
involved in the community. With both my past and current experiences I feel that I could be an
asset to the Committee. Knowing the difficulty in finding community volunteers I would offer
my services to any area that the County Commissioners feel I could be of assistance.
I am a registered voter in Collier County; my current address is 2053 Rookery Bay Dr Apt
2007 Naples 34114. You can reach me at work 941-658-3655 or at home 941-793-3930.
Sincerely,
~
AGEN~d>TEM
NO. (T -#
NOV U 9 1999
Pg. 17
Corporate Office e 10 Harbor St. Danvers. MA 01923
.
(978) 774-0775 e FAX- (978) 774-8369
Anthony J. Decembrino, Ed.D.
2053 Rookery Bay Dr. #2007
Naples, FL 34114
(941) 793-3930
Qualifications
My formal education, professional training and life experiences have contributed significantly
to my administrative and management skills.
My former position as President of Ambler Borough Council has enabled me to develop strong
leadership skills and the ability to deal with large groups of people who may have opinions
different from my own.
All of my life experiences and education have enabled me to become a strong and effective
administrator / leader in the field of human services.
Work History
Present: Program Director, North American Family Institute, Immokalee Florida
-
Responsible for the daily operation of a 64 bed juvenile facility serving males' 13-18 years of
age. The program is sponsored by the Florida Department of Juvenile Justice. Responsible for
all aspects of the program administration and finances. Implemented the Balanced and
Restorative Model in delinquency services. Program is a level 6 , which is moderate risk.
1996 - 1998: Fiscal Supervisor / !vU S Administrator, Montgomery County Juvenile Probation
Responsible for the budget of the Juvenile Court. Supervise the Financial Unit of 2 Hearing
Officers and 4 Support Staff. Oversee the collection of all parental support cases assigned to the
Juvenile Probation Department. Collections have increased significantly since the department
was re-organized in March 1996. Also responsible for all contracts with provider agencies and
the Managed Care Program. Maintain and develop programs for the Juvenile Court Computer
System. Serve as the department liaison to the Montgomery County Information Services.
Supervise all juvenile certifications sent to the department for failure to pay fines by the
County's District Justices.
1994 - 1996: Assistant Executive Director, Northern Home for Children
Responsible for the program operations of a social service agency providing residential and
foster care services. Supervised all program directors; mental health; residential treatment;
social services; foster care and recreation. Performed all duties of the Executive Director in his
absence.
1991 - 1994: Director of Residential Services, Southern Home Services
-
Responsible for the daily supervision of staff and children in the residential treatment program
of a multi-service agency. Provided staff training and development. Responsible to the
Executive Director for the goals and objectives of the program. Supervised the budget of the
department.
AGEN~ IT~
NO. fJ ~
NOV U 9 1999
~ It'
1971-1991: Administrative Assistant, St. Mary's Villa for Children
Responsible to the Administrator for all business aspects of a Residential Treatment Center
serving 60 children and youth. Supervised support staff. Hired and trained staff to work in the
residential program. Worked with other department directors to meet the goals of the agency.
Education
1971-1976
5t. Joseph's University - Bachelor of Science Criminal Justice
1990 -1992
Lincoln University - Master of Human Services
1992 -1995
Nova Southeastern University - Doctorate of Education / Otildren and Youth
Studies - Administration of Residential Services.
1996
Montgomery County Community College - Certification Teaching in Higher
Education
Other Experiences
1984 -1996 Served as the Otief Elected Officer of the Borough of Ambler. Responsible for the
daily operation of the Borough. Prepared and supervised the budget of all departments.
Upgraded the Pension Programs of both the Police and Municipal employees. Worked with
Federal, State and County governments in obtaining funding for various projects. Supervised
the construction of the new Borough Hall. Increased Borough surplus funds by 30 % over 12
years.
1993 Obtained state certification as an instructor for the Municipal Police Training Program.
Certified instructor for subjects Cl - C5
Civil Service Certification State of Pennsylvania
County Otildren and Youth Family Program Specialist I
County Otildren and Youth Family Program Specialist II
County Otildren and Youth Family Program Director
References upon request
AGEN~ ITE)4
NO. fJ ~
NOV 0 9 1999
Pg. /q
. FROM : WATLER
PHONE NO. 941 775 5810
AUG. 27 1999 04:44PM P1
~!SEIVE6
/f/j~?~
83oard, of. Coun+- ~~... '
Odra or l..oun'<J,; ~j,('~~
~"~.;m~ lV'ft:~
Sue Filson
Administrative Assistant
Collier County Commission
330 t U S 41 E
Naples 34112
Eric J. WEltJer
1525 Dolphin Lane
Neples 34102
8.27.99
941-775-5876
Dear Ms. Filson,
I apply for a position on the County Government
Productivity Committee, the openings for which ere announced in today's
Naples Daily News.
.-
My resume is attached,
Sincerely
Enc J. Watler
FAX-To 774-3602
From 775-5810
~~~OTE~
NOY 0 9 1999
Pg. r2 0
. FROM : WATLER
PHONE NO. 941 775 5810
AUG. 27 1999 04:44PM P2
ERIC J. WATlER
U.S and U.K dual citizenship
1944- 1947 Mili tary servl ce
1947-1952 Chartered Management Accountant
Bunding Supplies Industry
t 952-1 961 Sales ond Soles Management positions in the U,K,
subsidiary of Burroughs Corporation
1961-1967 lntematlonel product manager, Burroughs Corporation 1n
Detroit. Extensive field experience in l!ll major ml!r1<ets.
1967-1970 Corporate product manager, Burroughs. Responsibility
for product engineering, development and marketing for
specified products worldwide.
1970-1974 General Mant'!ger Pacific Area for Burroughs
1974-1976 International Support Manager
1976-1981 Latin America Division Manager responsible fortln
Burroughs operat1ons 1n L~t1n Amertca
1981-present Consulting work 1n Bahamas, Caribbean end Florida
1996-present Board member Greater Naples Civic Association
~~~
NOY U 9 1993
PI. ,;;!
l\1EMORANDUM
DATE: October 21, 1999
TO: Board of County Commissioners
FROM: Pamela S. Mac'Kie, Chairwoman
Commissioner, District 4
RE: October 13, 1999 letter received from Clarence~. Tears, Jr., Director,
Big Cypress Basin Board
SUBJECT: Proposed Improvements to Immokalee Road
Attached for your review and information is a copy of the above-referenced letter
received from Mr. Tears concerning the Immokalee Road design and his
recommendation regarding the water quality swale.
I would request that the Board of County Commissioners direct staff to have a consultant
evaluate Mr. Tears recommendation. I have been advised by Hole, Montes &
Associates, Inc. that the evaluation should take no longer than 3-4 weeks and will not
delay the project.
amela S. Mac'Kie, Chairwoman
Commissioner, District 4
PSM:cb
Attachment
cc: Robert F. Fernandez, County Administrator
Mr. Thomas M. Taylor, President/CEO, Hole, Montes & Associates, Inc.
P. O. Box 1586, Naples, FL 34106
,-
AGENDA ITEM
NO. 10,D.
~ 9 1999
PI. I
South Florida Water Management District
Big Cypress Basin · 6089 Janes Lane · Naplesl FL 34109 · (941) 597,1505
Fax (941) "97,4987 · Suncom 721,7920. www.sfwmd.gov
CON 06 (Cocohatchee Canal)
RECEIVED
October 13, 1999
Chairwoman Pamela S. Mac'Kie
Collier County Board of County Commissioners
Collier County Government Complex
3301 East Tamiami Trail
Naples, FL 34112
OCT 1 8 1999
Board of County Commissior~rs
Dear Chairwoman Mac'Kie:
I enjoyed our brief meeting yesterday when we discussed various water resource issues that face our
community. One issue in pClrticular that I would like to provide additional information on is the propnseci
improvements to Immokalee Road.
Some of the past improvements to lmmokalee Road required the inclusion of a water quality swale in the
south bank of the Cocohatchee Canal. This has been nothing less than a maintenance challenge for County
and Basin staff. Constant sloughing of the bank and washouts has required Basin staff to remove shoaling
from the canal and County staff to repair the washouts with rip-rap materials and a synthetic stabilizing
fabric to prevent further erosion. In addition, the challenges the County staff faces trying to maintain the
swale behind a guardrail so far has been a losing battle.
....-~
Another issue that needs to be considered is the safety of County staff when performing maintenance. The
County usually is re uired to shut down a lane of traffic when re airs to washouts are made. placing staff in
a hazardous environment and impacting the smooth transition oftrat IC.
. I would ask the County to consider locating the water quality swale to the south side of the road reducin!!
maintenance requirements for the Countv and the BaSin. The BaSin has gone to considerable expense
trying to proVIde a high-quality conveyance system adjacent to Immokalee Road. We would like to
minimize sedimentation entering the system.
When reviewing the road design, please consider all expenses including short-term and long-term
maintenance. Should you require additional information or clarification please do not hesitate to contact
me.
lSTtl2
Director
Big Cypress Basin
CST/amc
AGENDA ITEM
NO. 10. f).
N8V L ~ 1999
PI. ~
c:
Bob Fernandez, Collier County Administrator
Ed IIschner, Collier County Public Works Director
Edward Kant, Collier County Transportation/Administration Director
0...-......,
GlXIeming Board:
Trudi K. Williarru, Chairperson, Ex officio, Ft. MyeT5
Fred N. Thomas. Jr, Immokalee
Mary Ellen Hawkins, Naples
Garrett S. Richter. Naples
Patricia Carroll. Naples
JoAnn Smallwood. Naples
Frank R. Finch. P.E. Executive Director
Michael Slayeon, Deputy Executive Director
Trevor Campbelll Deputy Executive Director
Clarence S. Tears, Jr., Director, Big Cypress Basin
District Headquarters · 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, A.. 33416-4680 · (561) 686.8800, A.. WATS 1.800-432,2045
EXECUTIVE SUMMARY
PETITION NO. PUD-98-16(1) DAVID R. UNDERHILL, JR., P.E., OF BANKS
ENGINEERING, INC. REPRESENTING U.S. HOME CORPORATION,
REQUESTING A REZONE FROM "PUD" TO "PUD" KNOWN AS CEDAR
HAMMOCK PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT
HAVING THE EFFECT OF REVISING THE ROADWAY CROSS SECTIONS AND
APPLICABLE TEXT OF THE PUD DOCUMENT TO SUBSTITUTE TWO, FOUR
FOOT WIDE BIKE LANES FOR A REQUIRED FNE FOOT WIDE SIDEWALK ON
ONE SIDE OF CEDAR HAMMOCK BOULEVARD, A LOCAL STREET AND TO
ALLOW SIDEWALKS REQUIRED ON BOTH SIDES OF A LOCAL STREET TO BE
PLACED ON ONE SIDE OF CEDAR HAMMOCK BOULEVARD, FOR PROPERTY
LOCATED SOUTH OF DAVIS BOULEVARD AND WEST OF C.R. 951, IN
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 418 +/- ACRES.
--
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning
designation of Planned Unit Development (PUD) to Planned Unit Development (PUD),
for the purposes of amending the current Cedar Hammock PUD. Specifically, the
petitioner desires to amend Section 6.5 of the PUD document in order to be exempt from
Section 3.2.8.3.17.3. of the Land Development Code, a portion of the subdivision
regulations which require sidewalks or bike paths, five feet in width, to be provided on
both sides of local streets. Rather than construct sidewalks on both sides of a local street,
it is the petitioner's desire to allow for a five foot concrete sidewalk on one side of the
street coupled with two four foot bike lanes on both sides ofthe street.
CONSIDERATIONS:
The overall development scheme as illustrated by the PUD Master Plan indicates that
residential development tracts are primarily located interior to the development,
surrounded on both the interior and exterior by lakes, preserve areas, and golf course.
Access to the site is provided by two (2) major entrances. One (1) located off of SR-84
(Davis Boulevard) and one off of CR-951. The road linking these two entrances provides
the primary access through the site to the residential development tracts and golf
course/country club on the north and south sides ofthe main road. This 418.8 acre
development proposal includes a maximum of 799 units of residential mixed land use
development of single family and multiple family development, and a golf course with
related country club facilities. This petition purports to rezone this parcel from PUD to
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...11II........._ --.ao.....-c;
AGENDA ITEM
No~~)1
NOV 0 9 1999
Pg. /
~
PUD to amend the current approved Cedar Hammock PUD. Specifically, to amend text
and exhibits in the current PUD Master Plan to allow for a five foot wide sidewalk to be
placed on one side of a local street. Additionally, the petitioner would like to construct
two (2) four (4) foot wide bike lanes on both sides of the street. The Land Development
Code does not require bike lanes on local roads. The current Land Development Code
requires that sidewalks or bike paths, five feet in width, shall be provided on both sides of
local streets. Different from bike paths or sidewalks, bike lanes generally consist of a four
foot wide strip of asphalt parallel and adjacent to the travel lanes of a minor collector or
arterial roadway. They are typically delineated with a stripe painted on the pavement
which creates visual separation from bicyclists and drivers, but provides no physical
separation between the two.
Policies found in the Collier County Comprehensive Pathway Plan, adopted by the
Collier County MPO, have resulted in amendments to the Land Development Code to
address standards for location of sidewalks, bike paths and bike lanes. Specifically,
Appendix B of the Land Development Code contains typical street sections for local
roads which require five foot wide sidewalks or bike paths on both sides of a local street.
These regulations were adopted to address safety concerns for both cyclists and
pedestrians. It is staffs opinion that the requested exemption to the subdivision
regulations to allow a sidewalk on one side of the street, is not in the best interest of the
public from a safety consideration. Although it is admirable that the petitioner is willing
to paint 4-foot wide bike lanes on both sides of a local street where not required by the
code, it still does not address the safety considerations of pedestrians utilizing sidewalks.
Eliminating the required sidewalk on one side of the street is undesirable from a
pedestrian safety standpoint. Sidewalks on one side of a street force pedestrians to cross
streets in order to walk on a sidewalk, creating dangerous walking environments. This
roadway design, as proposed, could also encourage pedestrians to walk in the bike lanes
on the side ofthe street without a sidewalk. This design conflict further exacerbates the
safety concerns by mixing bicycle traffic, pedestrians, and automobiles within a four feet
wide stretch of asphalt. Neither situation encourages safe walking or cycling as a mode of
transportation.
It is important to note that all ofthese safety concerns were given considerable attention
at public hearings and meetings held prior to the adoption of the original amendments to
this section of the Land Development Code. In light of these concerns, regulations were
adopted requiring sidewalks on both sides of a local street. To the best of staffs
..--' -~..............
"GENOA ITEM
No./~ftJ I
NDV 0 9 1999
Pg. e:2
knowledge, there have been no significant changes in the driving habits of the automobile
owners, the riding habits ofthe cyclists, or the walking habits of pedestrians which have
increased safety to warrant an exemption to the sidewalk requirements as currently
required by the Land Development Code. Policies adopted in the Comprehensive
Pathway Plan address county-wide needs for integrated sidewalks, bike paths and bike
lanes. Implementation ofthese policies through adopted regulations in the Land
Development Code insure that the County-wide plan is implemented on a site specific
basis to provide for safe, convenient and comprehensive, alternative forms of
transportation. Deviations or exemptions from these regulations serve to degrade, on a
cumulative basis, the overall safety and function of alternative forms of transportation,
countywide.
Land Use Residential Density-
This petition does not purport to change the previously approved density, therefore, it will
have no impact on the previously approved density or number and type of dwelling units.
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that the proposed petition will generate
approximately 4,240 daily trip ends and 392 PM Peak: Hour trip ends. Based on this data,
the site generated traffic exceeds the significance test standard (5 percent of the LOS "C"
design volume) on Davis Boulevard east of Santa Barbara Boulevard after trip
assignments are made. However, this petition will not lower the level of service below
the LOS "D" standard within the project's radius of development influence (RDI).
Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE).
The planned and proposed improvements within the project's RDI will ensure that the
adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3
and 1.4 of the TCE. Since this petition does not propose to change the previously
approved density or number and type of dwelling units, the traffic analysis, impacts and
recommendations for the previously approved PUD is not proposed to change.
FISCAL IMPACT:
This PUD by and of itself will have no fiscal impact on the County. However, if this
request meets its objective, a portion of the existing land will be further developed. The
mere fact that new development has been approved will result in future fiscal impact on
County public facilities. The County collects impact fees prior to the issuance of building
permits to help offset the impacts of each new development on public facilities. These
r ~~~~~~
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t~J'J 0 9 1999
! PI.:3
li..m.
_.
impact fees are used to fund projects in the Capital Improvement Element needed to
maintain adopted levels of service for public facilities. In the event that impact fee
collections are inadequate to maintain adopted levels of service, the County must provide
supplemental funds from other revenue sources in order to build needed facilities.
The following impact fees will be applicable to this project:
. Park Impact Fee: $578.00 per unit
. Library Impact Fee: $180.52 per unit
. Fire Impact Fee: $0.15 per square feet of
building
. School Impact Fee: $827 per unit
. Road Impact Fee: $890 per unit
. Radon Impact Fee: $0.005 per square foot of
building
. EMS Impact Fee: $2 per unit
. Building Code Adm.: $0.005 per square foot of
building
. Micro Film Surcharge: $1.50 per unit
For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per
unit. It should be noted that because impact fees vary by housing type and because this
approval does not provide this level of specificity as to the actual type of use, the total
impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that
the project at build-out will have maximized their authorized level of development.
Other fees will include building permit review fees and utility fees associated with
connecting to the County's sewer and water system. Building permit fees and utility fees
have traditionally offset the cost of administering the community development review
process, whereas utility fees are used on their proportionate share of impact to the County
system. Finally additional revenue is generated by application of ad valorem tax rates.
The revenue that will be generated depends on the value of the improvements. At this
point in time a model has not been developed to arrive at a reasonable estimate of tax
revenue based on ad valorem tax rates.
Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship,
development takes place in an environment of concurrency management. When level of
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N8V 0 9 1999
I Pg. /f
service requirements fall below adopted standards, a mechanism is in place to bring about
a cessation of building activities. Certain LOS standards apply countywide and would
therefore bring about a countywide concurrency determination versus roads that may
have local geographic concurrency implications.
GROWTH MANAGEMENT IMP ACT:
The site is located in the Urban Mixed Use Residential Land Use classification as
designated area on the County's Future Land Use Map. Urban Residential Mixed Use is
inclusive of a variety of residential land uses including single family, multi-family,
duplex, mobile home and mixed use (planned Unit Development). This petition will do
nothing to impact the Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical! Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
Due to unforeseen circumstances, the scheduling of this petition did not allow for staff to
summarize the Planning Commission vote and recommendation at the time of submittal
of this summary. Therefore, the Planning Commission's recommendations and vote will
be verbally presented at the Board meeting scheduled for November 9, 1999. This
petition was not placed on the summary agenda because staff is recommending denial of
the subject petition. Specifically, staff recommends denial of the requested exemption to
the County's Land Development Code, and recommends that the petition comply with all
applicable provisions of the Land Development Code, specifically that sidewalks shall be
constructed on both sides of the street as required in the Collier County Land
Development Code and shall be constructed to the specifications as required by all
applicable sections of the Land Development Code.
--.
AGENDA. ITEltt
No'''~ J I-
NQV 09 1999
Pg. '\-')
PREPARED BY:
( . (I//:l
Jf.J_ \.. L-Lj\. -:' y<...A...- L L,' _'--/
,A'USAN MURRAY, AICP I
CHIEF PLANNER
/O-,-~( - >' /
DATE
ONALD F. NINO, AICP, MANAGER
CURRENT PLANNING SECTION
J 0,21. 9 q
DATE
~
ROBERT J. MULHERE, AICP, DIRECTOR
PLANNING SERVICES
/tJ ~Z7 ~
DATE
/cJ/J 7/9 Cj
, ,
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
APPROVED~Y:
~/
//
' ~d.
Petition Number: PUD-98-16( 1) Cedar Hammock PUD
This petition has been tentatively scheduled for the November 9, 1999 Board of County
Commissioners Public Hearing.
'''''~AOOi)Aj'TEM
No.~1
.
NOY 09 1999
PI. b
To:
From:
Date:
Subject:
AGENDA ITEM 7-1
Memorandum
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION
OCTOBER 4, 1999
PETITION: PUD-98-16(1) CEDAR HAMMOCK PUD
OWNER/AGENT:
Agent:
Owner:
David R. Underhill, Jr., P .E.
Banks Engineering, Inc.
2150 Goodlette Road, Suite 701
Naples, FL 34102
Peter R. Comeau, Regional Vice President
U.S. Home Corporation
10491 Six Mile Cypress
Naples, FL 34108
REOUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning
designation of Planned Unit Development (PUD) to Planned Unit Development (PUD),
for the purposes of amending the current Cedar Hammock PUD. Specifically, the
petitioner desires to amend Section 6.5 of the PUD document in order to be exempt from
Section 3.2.8.3.17.3. of the Land Development Code, a portion of the subdivision
regulations which require sidewalks or bike paths, five feet in width, to be provided on
both sides of local streets. Rather than construct sidewalks on both sides of a local street,
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it is the petitioner's desire to allow for a five foot concrete sidewalk on one side of the
street coupled with two four foot bike lanes on both sides of the street.
GEOGRAPHIC LOCATION:
The +/- 418 acre subject site is comprised of a portion of Section 3, Township 50 South,
Range 26 East. The irregularly shaped parcel abuts Davis Boulevard on the north and
west and CR-951 on the east. The southern border of the site abuts the Naples Heritage
PUD, a similar mixed-use residential golf-course type of residential development. The
northeast comer of the subject site abuts the Westport Commerce Center PUD which is
located at the intersection of SR-84 (Davis Boulevard) and CR-951.
PURPOSEIDESCRIPTION OF PROJECT:
The Cedar Hammock PUD is located on a 418 +/- acre tract abutting Davis Boulevard on
the north and west, and County Road-951 on the east. The site is presently zoned Planned
Unit Development, Cedar Hammock PUD. The overall development scheme as illustrated
by the PUD Master Plan indicates that residential development tracts are primarily
located interior to the development, surrounded on both the interior and exterior by lakes,
preserve areas, and golf course. Access to the site is provided by two (2) major entrances.
One (1) located off of SR-84 (Davis Boulevard) and one off of CR-951. The road linking
these two entrances is planned to be a private road, and provides the primary access
through the site to the residential development tracts and golf course/country club on the
north and south sides of the main road. There is no proposed interconnection with either
the residential development to the south, or the Westport Commerce Center PUD to the
north. This petition purports to rezone this 418 +/- acre parcel from PUD to PUD to
amend the current approved Cedar Hammock PUD. Specifically, to amend text and
exhibits in the current PUD Master Plan to allow for a five foot wide sidewalk to be
placed on one side of a local street. Additionally, the petitioner would like to construct
two (2) four (4) foot wide bike lanes on both sides of the street. The Land Development
Code does not require bike lanes on local roads. The current Land Development Code
requires that sidewalks or bike paths, five feet in width, shall be provided on both sides of
local streets. Different from bike paths or sidewalks, bike lanes generally consist of a four
foot wide strip of asphalt parallel and adjacent to the travel lanes of a minor collector or
arterial roadway. They are typically delineated with a stripe painted on the pavement
which creates visual separation from bicyclists and drivers, but provides no physical
separation between the two.
~GENOA ITEM
No. .~(AJ /
N8V 0 9 1999
Pg. 9
.2
SURROUNDING LAND USE AND ZONING:
Existing: The subject property is vacant and presently has an Agriculture (A), RMF-
12(10), RSF-4 and RMF-6 zoning designation.
Zonin~
Land Use
Surrounding: North - RMF-12(10) and PUD
Davis Blvd., vacant and
Westport Commerce Center
PUD approved for a mixture
of commercial and industrial
land uses.
South - Naples Heritage PUD
A mixed use residential PUD
developed around an 18-hole
golf course and country club
facility. Approved at a
density of 1.43 dwelling
units per acre.
East - CR-951
Right-of-Way
West- Naples Heritage PUD
A mixed use residential PUD
developed around an 18-hole
golf course and country club
facilities. Approved at a
density of 1.43 dwelling units
per acre.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The land which is the subject of this petition is designated Urban Residential on the
Future Land Use Map of the Growth Management Plan. A portion of this property
(greater than 50 percent) falls within the density band surrounding Davis Boulevard and
CR-951. The residential type ofland uses proposed by the PUD document and PUD
master plan are clearly consistent with the Future Land Use element of the Collier County
Growth Management Plan. Urban Residential Mixed Use is inclusive of a variety of
residential land uses including single family, multifamily, duplex, and mixed use
(planned Unit Development). The subject petition was previously approved for a
residential mixed use golf course and country club community PUD, which is an
.-
AGENDA ITEM
No.~
NOV 0 9 1999
_ 3
Pg. /"
authorized use ofland in the urban residentially designated area of the Future Land Use
Map (PLUM), therefore, it is consistent with the FLUE. There are no proposed changes
to the layout and location of residenti3:1 tracts, nor is there a proposed diminution in land
area for conservation or preservation areas.
Consistency with other applicable elements of the Growth Management Plan (GMP) is as
follows:
Land Use Residential Density:
The currently approved residential density of 1.9 dwelling units per acre is consistent
with the density rating system contained in the FLUE. The subject site is permitted a base
density of four (4) dwelling units/acre. Greater than fifty (50) percent of the site is also
located within an Activity Center Density Bands which emanate from the activity center
located at the intersection of Davis Boulevard and CR-951. Because of its location within
a density band, the FLUE allows for up to three (3) additional dwelling units/acre over
the base of four (4). Additionally, the site has access to two (2) major arterial roadways
(Davis Boulevard and CR-951), thus allowing for an additional density bonus of one (1)
dwelling unit per acre for a maximum permitted density of up to eight (S) dwelling units
per acre. Development at the previously approved density of 1.9 dwelling units per acre
and the previously approved number of dwelling units is not proposed to change.
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that development of the site under the
approved density will generate approximately 4,240 daily trip ends and 392 PM peak
hour trip ends. Peak hour volumes were estimated using the growth rate established by
the FSUTMS model which includes the existing/committed road and intersection
improvements. Based on this data, the site generated traffic exceeds the significance test
standard (5 percent of the LOS "c" design volume) on Davis Boulevard east of Santa
Barbara Boulevard after trip assignments are made. However, this petition will not lower
the level of service below the LOS "D" standard within the project's radius of
development influence (ROn. Therefore, the project is consistent with Policy 5.1 and 5.2
of the Traffic Circulation Element (TCE).
The TCE lists CR-951 as a 4-lane arterial road from Rattlesnake-Hammock Road to SR-
S4. The current traffic count for the segment fronting the project is 22,425 PSDT and is
operating at LOS "B". The projected 2002 build-out traffic is approximately 27,30S
(LOS "B"). The Peak Seasons Daily Traffic was based on the Peak/Annual Ratio shown
in the County's Transportation Planning Database. It should be noted that this road
segment is not projected to be deficient within the next 5 years. The traffic count for the
_4
"GE~A ITEM
No. /~J I
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t\D'J 0 9 1999
Pi. 1/
segment of Davis Boulevard east of Santa Barbara Boulevard is 8,275 (LOS "B") while
the projected 2002 traffic is 10,411 (LOS "B'').
The planned and proposed improvements within the project's RDI will ensure that the
adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3
and 1.4 of the TCE. This rezoning petition does not purport to add dwelling units or
increase density, therefore the consistency relationship determined at the original
rezoning action remains the same.
Other Applicable Element (s)-
Other applicable elements are those typically evaluated at the time of subsequent
development approvals, and generally deal with infrastructure. To the extent that
improvements to infrastructure and/or the extension of available public utilities is
required, these will be mandated at the time of approval of the required site development
plan and/or subdividing if necessary.
HISTORIC/ARCHAEOLOGICAL IMPACT:
,.-
Staff's analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical! Archaeological Survey and Assessment is
required.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for the above
referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services
Division staff.
Jurisdictional reviews have resulted in the formulation of development commitments
necessary to ensure compliance with the development regulations of Collier County.
These development commitments have all been included in the PUD document and/or
have been reflected on the PUD Master Plan.
ANALYSIS:
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
AGENDA ITEM
No..afitl.L
NOY 0 9 1999
pt. /.;1.
- 5
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 amend Section 6.5 of the current PUD document
in order to be exempt from Section 3.2.8.3.17.3. ofthe Land Development Code,
provisions of the subdivision regulations, which require sidewalks or bike paths, five feet
in width, to be provided on both sides oflocal streets. It is the petitioner's desire to allow
for a five foot concrete sidewalk on one side of the local street. Additionally, the street
cross section submitted by the petitioner indicates the placement of two (2), four (4) foot
wide bike lanes on both sides of the street, without essentially changing the land use
strategy .
These proposed changes will not have a negative impact on the density or infrastructure
internal or external to the project. For these reasons, staffis 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 Cedar Hammock
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 requested exemption to the subdivision regulations, staffs analysis reveals
the following: Policies found in the Collier County Comprehensive Pathway Plan,
adopted by the Collier County MPO, have resulted in amendments to the Land
Development Code to address standards for location of sidewalks, bike paths and bike
lanes. Specifically, Appendix B of the Land Development Code contains typical street
sections for local roads which require five foot wide sidewalks or bike paths on both sides
of a local street. These regulations were adopted to address safety concerns for both
cyclists and pedestrians. It is staffs opinion that the requested exemption to the
subdivision regulations to allow a sidewalk on one side of the street, is not in the best
interest of the public from a safety consideration. Although it is admirable that the
petitioner is willing to paint 4-foot wide bike lanes on both sides of a local street where
not required by the code, it still does not address the safety considerations of pedestrians
utilizing sidewalks.
Eliminating the required sidewalk on one side of the street is undesirable from a
pedestrian safety standpoint. Sidewalks on one side of a street force pedestrians to cross
streets in order to walk on a sidewalk, creating dangerous walking environments. This
roadway design, as proposed, could also encourage pedestrians to walk in the bike lanes
on the side of the street without a sidewalk. This design conflict further exacerbates the
safety concerns by mixing bicycle traffic, pedestrians, and automobiles within a four feet
AGENDA ITEM
No./~I
NOV 0 9 1999
.6
pt. 63
It is important to note that all of these safety concerns were given considerable attention
at public hearings and meetings held prior to the adoption of the original amendments to
this section of the Land Development Code. In light of these concerns, regulations were
adopted requiring sidewalks on both sides of a local street. To the best of staffs
knowledge, there have been no significant changes in the driving habits of the automobile
owners, the riding habits of the cyclists, or the walking habits of pedestrians which have
increased safety to warrant an exemption to the sidewalk requirements as currently
required by the Land Development Code. Policies adopted in the Comprehensive
Pathway Plan address county-wide needs for integrated sidewalks, bike paths and bike
lanes. Implementation of these policies through adopted regulations in the Land
Development Code insure that the County-wide plan is implemented on a site specific
basis to provide for safe, convenient and comprehensive, alternative forms of
transportation. Deviations or exemptions from these regulations serve to degrade, on a
cumulative basis, the overall safety and function of alternative forms of transportation,
countywide.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward a
recommendation for denial of Petition PUD-98-16(1), Cedar Hammock PUD to the
Board of County Commissioners, having the effect of requiring development of the local
roadways to be consistent with the approved cross-sections in Appendix B of the Collier
County Land Development Code. Specifically, sidewalks shall be provided on both sides
of a local street, as required by the current Land Development Code and the currently
effective Cedar Hammock PUD.
-~
7
- ....,..;,h.;... II t::M
~.~I-
t~~'J D 9 1999
Pg. /1
PREPARED BY:
~/) V7~,~ '
/SUSAN MURRAY, AICP ;r-
CHIEF PLANNER
NALD F. NINO, AICP
NT PLANNING MANAGER
T J MULHERE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
/0 -.;20 - 77
DATE
t~1 :l \. 9~
ATE
lb--:J.'. CL1
DATE
/~ -5/7 i
,
CENT A. AUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Petition Number: PUD-98-16(l), Cedar Hammock PUD
Staff Report for November 4, 1999 CCPC Meeting
NOTE: This Petition has been tentatively advertised for the November 9, 1999 BCC
meeting.
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRPERSON
.8
AGENDA ITEM
No.~1
NOV 0 9 1999
PI. 5
PUD9S-16Q)
PETITION NUMBER
DATE
APPLICA TION FOR PUBLIC HEARING
FOR
PUD AMENDMENT/DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICE
1. Name of Applicant Peter R. Comeau. Regional Vice President - U.S. Home COI:poratlon
Applicant's Mailing Address 10481 Six Mile Cypress Parkway
City
Fort Mvers
State
Florida
Zip 33912
Applicant's Telephone Number: Res:
Bus:. 941-278-1177
.,
Is the applicant the owner of the subject property?
X Yes No
(a) If applicant is a land trust, so indicate the name of beneficiaries below.
X (b) If applicant is corporation oth~r than a public corporation, so indicate and
name officers and major stockholders below.
(c) If applicant is a partnership, limited partnership or other business entity. so
indicate and name principals below.
(d) If applicant is an owner, indicate exactly as recorded. and lict 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.
(0 If applicant is a contractor purchaser, attach copy of contract. ~~d indicate
actual owner (s) name and address below.
U.S. Home is a public corporation.
(If space is inadequate. attach on a separate page.)
..,
Name of Agent David R. Underhill. Jr.. P.E.
Firm Banks Ene:ineerin!2. Tnc.
--
'l::"".~
AGENDA ITEM
Agents Mailing Address
2150 Goodlette Road. Suite 701
Citv ~aoles State Florida Zip .., 9 1999
.)
p,. /h
Telephone Number: Res: Bus: 941--l.n~-~~
---,..,..
3. PUD ORDINANCE NAME AND NUMBER: Ordinance No. 98-115
4. DETAILED LEGAL DESCRIPTION OF TIlE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If request includes change
to more than one zoning district, include separate legal description for property involved in
each district. Ifproperty 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 ARlSE CONCERNING THE LEGAL DESCRIPTION, AN
ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION
3
TOWNSHIP
50 South
RANGE
26 East
See attached Iej;!aI description.
5. Address or location of subject property Davis Boulevard and C.R. 951
6. Does propeny owner own contiguous property to the subject property? If so, give a complete
legal description of entire contiguous property. (If space is inadequate, attach on separate page).
\\'e have attached Exhibit C which identifies the ownership of the propertv.
7. TYPE OF AMENDMENT:
X A. pun Document Language Amendment
B. PUD Master Plan Amendment
C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN:
x
Yes
No If;\o, exp;air~
A ITEM
LA~
1999
Pg. /7
9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN TH
YE.-\R? IF SO. IN WHOSE NNv1E? U.S. Home Corooration
PETITION #:
PUD #98-16
DATE:
"",_,""HH__,_~~",,"_H ,.-
10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED? X YES. NO. IF YES,
DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
See Attached "Description ofProiect Activitv"
AFFIDAVIT
We, U.S. Home Corporation being first duly sworn, depose and say that
we are the owners of the property described herein and which is the subject matter of the proposed
hearing; that all the answers to the questions in the application, and all sketches. data. and other
supplementary matter attached to and made a part of this application, are honest and true to the best
of our knowledge and belief. We understand this application must be completed and accurate before
a hearin can be advertised. We further permit the undersigned to act as our representative in any
matter arding the Petition.
TURES OF ALL OWNERS ARE M
.--
Signature of Owner
Signature of Agent
State of Florida
County of Collier
A The foregoing Application was acknowledged before
UbtlST ,1991-by PeTl::1:- 7<. C/)IYJ~
to me or who has produced
-
did (did not) take an oath.
me this 2'/ day of
, who is p~r~nnal1v kno\\'n
as identific:::'~lon and \vho
/~~~.::~~?;:<< JENNIFER M. PENCE
~i' :'1 MY COMMISSION' CC 89fI2&6
..... ''11 EXPIRES' Nowmcler
"~I/' ...~~. "-'-~ ..._. ~_ 16. 2CXI1
...... -- "iJV .__, Pt.ClIc ~
J eAl^, It.:=Eie..m . Pel C€
NOTARY PUBLIC
Commission # ~L. f.R!l0?_Z-.ft;t.,
My commission expires:
II -llP - ZOO
A.GENOA ITEM
No. 4:,;f.) /
NOV 0 9 1999
PI...$
~-
Criteria Distinguishing Major from Minor PUD Amendments
(Effective 11/13/91)
MAJOR
1. Text change plus any of the following (not incl. Name change):
a) If a DRI and notification of change to DCA is required
b) Any intensity or density changes to approved PUD
c) Any change to the Master Plan which affects the spatial arrangement of any approved land
use
d) Any changes to the Master Plan which affects the arrangement of the project's water
management system or impacts on environmentally designated lands as areas for
preservation of native vegetation and habitat or as ajurisdictional designation
e) Any change which requires review by the Environmental Advisory Board
MINOR
1. Text Change
2. Any use additions and/or deletions to the adopted land use categories which have no effect
on intensity or density of land use
3. Any change to the adopted PuTI that only affects zoning development standards, i.e.,
setbacks, building height, yards, etc. shall be considered as Minor statements
A'GENo.b-1TEM
No. ~) I
NOV 0 9 1999
Pi. /9
3. LDC Section 3.2.8.4.16.5: Street right-of-way widths shall be as depicted in
Exhibit "B".
4. LDC Section 3.2.8.4.16.6: The 1,000 foot long cul-de-sac street maximum
shall be revised to allow a maximum of2,500 foot long cul-de-sac streets.
5. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a
minimum tangent of 75 feet at intersections shall be revised to allow 0 foot
tangents.
6. LDC Section 3.2.8.16.1 0: The requirement for tangents between street
curves shall be waived.
7. LDC Section 3.2.8.4.16.l2.e: The requirement that grass be required for all
non-paved areas of the right-of-way shall be waived to also allow the
installation of decorative planters and alternative ground cover.
8. LDC Section 3.2.8 .4.16.12.d: The requirement for an asphaltic surface course
shall be waived to also allow the use of a surface course of paver bricks or
decorative concrete pavement. See Exhibit "C' for the cross-section.
9. LDC Section 3.:.8.4.16.6: The minimum required right-of-way radii at cul-
de-sacs shall be 55'.
10. LDC Section 3.:.8.3.17.3: The requirement for 5' concrete sidewalks on both
sides of a local street shall be revised to allow a 5' concrete sidewalk on one
side of the street along with a 6' bike lane on the other side of the street.
6.6 TRANSPORTATION
A.
Purpose:
-
The purpose of this Section is to set forth the traffic improvement requirements
. ~<. .-.-.~".._~
AGENDA ITEM
which the project developer must undertake as an integral part 0 theNi.roje:~ I
deve I opmem.
r~c'J 0 9 1999
pg.-e22-
I)l~ , - T\l\
1
2 ORDINANCE 99-_
3
4
5 AN ORDINANCE AMENDING ORDINANCE
6 NUMBER 91-102, THE COLLIER COUNTY LAND
7 DEVELOPMENT CODE, WHICH INCLUDES THE
8 COMPREHENSIVE ZONING REGULATIONS FOR
9 THE UNINCORPORATED AREA OF COLLIER
10 COUNTY, FLORIDA, BY AMENDING THE
11 OFFICIAL ZONING ATLAS MAP NUMBERED 0603
12 BY CHANGING THE ZONING CLASSIFICATION OF
13 THE HEREIN DESCRIBED REAL PROPERTY FROM
14 "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
15 KNOWN AS CEDAR HAMMOCK, FOR PROPERTY
16 LOCATED SOUTH OF DAVIS BOULEVARD (SR #84)
17 AND WEST OF C.R. #951., IN SECTION 3,
18 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
19 COUNTY, FLORIDA, CONSISTING OF 418:!: ACRES;
20 PROVIDING FOR THE REPEAL OF ORDINANCE
21 NUMBER 98-115, THE FORMER CEDAR HAMMOCK
22 PUD; AND BY PROVIDING AN EFFECTIVE DATE.
23
24
25 WHEREAS, David R. Underhill of Banks Engineering, representing U.S. Homes Corporation,
26 petitioned the Board of County Commissioners to change the zoning classification of the herein
27 described real property;
28 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNT\
29 COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
30 SECTION ONE:
31 The Zoning Classification of the herein described real property located in Section 3, Township
32 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
33 Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
34 incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
35 0603, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
36 hereby amended accordingly.
37 SECTION TWO:
38 Ordinance Number 98-115, known as the Cedar Hammock PUD, adopted on December 15,
39 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
40 SECTION THREE:
41 This Ordinance shall become effective upon filing with the Department of State.
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AGENDA iTEM
No.~) /
7' ,
t~~'1 0 9 1999
Pg. r;> I
2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
,-'
3
Florida, this _ day of
.1999.
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
ATTEST:
DWIGHT E. BROCK. Clerk
Approved as to Form and
Legal Sufficiency
. 'rn.~
~ Student
Assistant County Attorney
gladmin/ ORDINANCElPUD-98-!6(! )/SMlim
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
-2-
AGENDA ITEM
No. /,Jl~) /
NOV 0 9 1999
PI.~
EXHmIT A
/ ( .I 2b
l' _~ -.- L '-.---.. ..
CEDAR HAMMOCK GOLF AND COUNTRY CLUB
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE CEDAR HAMMOCK GOLF AND COUNTRY CLUB,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
U.S. HOME CORPORATION
Land Development Division
10491 Six Mile Cypress Parkway
Fort Myers, Florida 33912
Prepared By a Team of Professionals:
R. Bruce Andenon, Esquire
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 Laurel Oak Drive, Suite 300 f"T;)r::0 r::!r-on n
Naples, Florida 34108 .1 P.irL r: 2: f'; ~ i.. iIrI.I~
' ,J! I
! r'J ,.. , '" <,.. 'I
BAN~;~~~~~~~~~: INC. J I!' r.v(J 0 1 i999 In
O G I R d S. 701 ul!r"'::{..:?L::U I -/ U
215 ood ette oa, ulte L-i
--------.---------------
Naples, Florida 34102
Carron Day, AI CP
FLORIDA LAND PLANNING, INC.
6350 28tb Avenue S.W.
Naples, Florida 34116
P V D 9 8 - 1 6(J)
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER ,," ,~, '^\:;,-~,6., tltJ\(
AMENDMENTS AND REPEAL Nu.
I~~) 0 9 1999
08/17/99
1
,
PI.~
TABLE OF CONTENTS
.--.
Statement of Compliance
Section I Legal Description, Property Ownership and General Description
Section II Project Development
Section III Residential Development Standards
Section IV Commons\Recreation Area Development Standards
Section V Preserve Area
Section VI Development Commitments
LIST OF EXHIBITS AND TABLES
<- EXHIBIT A PUD MASTER DEVELOPMENT PLAN
EXHIBIT B ROADWAY CROSS-SECTIONS
EXHIBIT C AL TERNA TIVE ROADWAY CROSS-SECTION
TABLE I
DEVELOPMENT STANDARDS
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Pg. ~'I
. .
STATEMENT OF COMPLIANCE
Development of the Cedar Hammock Golf and Country Club will be compliance with the goals and
objectives set forth in the Collier County Comprehensive Plan.
A. The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
cons; stent therewith.
B. The proposed density of the Cedar Hammock Golf and Country Club is approximately 1.9
units per acre for a total of 799 units. This total is significantly less than the maximum of
approximately 3350 units permitted by the FLUE Density Rating System.
ACREAGE 418.S acres
BASE DENSITY 4 dulgross acre
ADJUSTMENTS
Proximity to Activity Center (more than 50% of the 3 dul gross acre
project is within the density band)
Direct access to 2 or more arterials (Davis and 951) I dulgross acre
TOTAL UNITS 3,350 units
The proposed project's 799 unit total is also significantly less than the maximum of
approximately 1120 units permitted by the existing zoning.
EXISTING ZONING DENSITY ACREAGE UNITS
A I dul5ac 277.93 55.59
RSF-4 4 dulac 50.42 201.68
RMF -6 6 dulac 10 .44 62.64
RMF-12(10) 10 dulac 80.01 SOO.10
TOTAL UNITS 418.80 1,120 units ~GENOA ITEM
No.$~)1
~:;'J C 9 1999
-11- pg.~
08117/99
C. The development will be compatible with and complementary to existing and planned
surrounding land uses.
D. The development of the Cedar Hammock Golf and Country Club will result in an efficient
and economical extension of community facilities and services as required in Policy 3.I.H
and Policy 3.1.L of the Future Land Use Element.
E. Cedar Hammock Golf and Country Club implements Policy 5.6 of the Future Land Use
Element in that approximately 70 % of the project will be open space or reserved for
conservation purposes.
F. The Master Development Plan, with its extensive natural, lake and golf course open space
areas, and with its low residential density, will insure that the developed project will be an
enjoyable residential neighborhood.
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"~A ITEM
No. ~~(
'~JV 0 9 1999
pc. J. ,
08117/99
-111-
SECTION I
PROPERTY OWNERSIllP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of the Cedar Hammock Golf and Country Club.
1.2 PROPERTY OWNERSHIP
The subject property is owned by Clyde C. Quinby, as Trustee and Thomas S. Duffy,
Trustee. Closings will occur and property division acquisition will be concluded at such time
as project development plans have been approved by the County and other jurisdictional
agencies. The project developer is U.S. Home Corporation.
1.3 GENERAL DESCRIPTION OF PROPERTY AREA
A. The :t 418 acre project site is compromised of a portion of Section 3, Township 50
S, Range 26E. The irregularly shaped development parcel abuts Davis Boulevard on
the north and C.R. 951 on the east. The primary development objective is an IS-hole
championship golf course and country club, together with a maximum of 799 single
and multiple family dwelling units. Maximum gross project density is 1.9 units per
acre.
B. The zoning classifications of the subject property prior to the date of this approved
PUD document were approximately SO acres zoned RMF-12(10), 10 acres zoned
RMF-6, 50 acres zoned RSF-4 and 278 acres zoned A-Agricultural.
1.4 PHYSICAL DESCRIPTION
Elevations of the property range from 9.5 feet to I} feet above mean sea level. The site
contains extensive areas of jurisdictional wetlands including both submerged wetlandsjp.". -.___ .
which cypress and associated vegetation dominate, and transitional wetlands in w~~ ~. :c :...:;JA IT-
i t~C'/ 0 9 1999
\ Pail. I ~ 7
0&117/99
predominant vegetation is a mix of pine and cypress and associated upland and wetland
plants. The property is mainly covered with natural vegetation (except for unpaved vehicular
trails which meander throughout the area and except for exotic vegetation which has invaded
portions of the area in a fairly extensive manner). Natural drainage is southwesterly. Water
management plans for the project are to utilize lakes which will result in the post
development surface water discharge volume being less than the pre-development discharge
volume.
1.5 PROJECT DESCRIPTION
Cedar Hammock Golf and Country Club is designed as a low density residential gated golf
course community for the active adult market. Its extensive natural, lake and golf course
open space areas create an enjoyable residential ambiance. Residential enclaves will include
single family detached homes, single family attached homes, zero lot line, cluster
development or multi-family. Each residential unit will be served with centrally provided
potable water, sanitary sewer, electric power, and telephone. Additional services will be
provided as deemed appropriate.
Diverse recreational amenity opportunities within Cedar Hammock Golf and Country Club
include a beautiful Gordon Lewis designed I8-hole championship golf course. The
clubhouse complex will contain two dining rooms, meeting rooms, fitness center, pool,
cabana, spa, pro shop, aqua range and tennis courts. Three additional pools will be
interspersed throughout the neighborhoods. An entrance to the development will be
provided on Davis Boulevard. The PUD Master Plan also includes an entrance to the
development on C.R. 951 as well as access to the maintenance area.
AGOOTITar-
No./MJ I
~G'J 0 9 1999
p...~
08/17/99
1.6 SHORT TITLE
This Ordinance shall be known and cited as the II Cedar Hammock Golf and Country Club
Planned Unit Development Ordinance".
1.7 LEGAL DESCRIPTION
Follows this section.
..;..--~",.__......-.
AGENDA ITEM
~.~
NOV 0 9 1999
PPf3 ~9
08/17/99
'.
'.,
manu 1E~ring, 3l,u:.
Protessionai Engin..,., Plannlna & und Surveyara
IW:lIblT
MA.."
DESCRJPTION OF APAR-CEL OF LAND
LYING IN
SECTION 3, TOWNSHIP SO SOum. RANGE 26 EAST
COLLIER COUNlY, FLORIDA
A TRACT ORP ARCa OF LAND SITIJATED IN mE STATE OF FLORIDA, COUNn" OF COLLIER.
LYING IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING roaTIiER BOUND
AND DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP SO SOum. RANGE 26 EAST, CoLLIER
COUNTY. FLORIDA, LESS mE WEST HALF OF mE NOR1HWEST QUARTER OF mE
SOUTHWEST QUARTER OF SECTION 3. TOWNSHIP SO SOUlli, RANGE 26 EAST. coLLIER
coUNTY, FLORIDA.
AND
mE soUTHEAST QUARTER OF SECTION 3. TOWNSHIP SO SOUTH, RANGE 26 EAST. coLLIER
coUNTY. FLORIDA., LYING WEST OF ISLE OF CAPRI ROAD (STATBROAD NO. 951), LESS AND
EXCEPT A 2S FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED IF omCIAL RECORD
BOOK 2015, PAGE 1500 nm.OUGH 1502 OF TIm PUBUC RECORDS OF COLLIER. coUNTY,
FLORIDA.
AND
mE SOUTHWEST QUARTER OF mE SOUTHWEST QUARTER OF mE NORTHEAST QUARTER
OF SEcnON 3, TOWNSHIP SO SOUIH. RANGE 26 EAST. COllIER COUNTY, FLOPlDA.
AND
THE NORTIiWEST QUARTER. OF SECTION 3, TOWNSHIP SO SOUTH, RANGE 26 EAST, cou.mR
coUNTY, FLORIDA., LYING SOU1HEASTERL Y OF DAVIS BOULEY ARD (STATE ROAD NO. 84).
SAID PARCEL CONTAINING 417.32 ACRES MORE OR LESS. SUBJECT TO EASEMENTS,
RESTRICTIONS AND RESERV AnONS OF RECORD.
-
r~'~~rlJ{;J'A1
.... .
, t~G'J 0 9 1999
\ pc. c. ro
s.~""""""'2a\I1C\lUJ..lm ~
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the Cedar Hammock Golf and Country Club development, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the Cedar Hammock Golf and Country Club 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
development order application as provided in the Land Development Code and
Gro\\1h Management Plan. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the County Land
Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of development order application, as provided in the Code.
C. All conditions imposed and all graphic material presented depicting re~trictions for
the development of the Cedar Hammock Golf and Country Club shall become part
of the regulations which govern the manner in which the PUD site may be developed.
D. Unless modified, waived, exempted or excepted by this PUD, 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 PUll.. _.-;::-
" .\GENOh IT Uft
No. /ePf/fJ f
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t~G'J 0 9 '999
08/17/99
PI!,: ~ ~I
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, from the County Land Development Code, at the earliest or next to occur
of either fmal SDP approval, fInal plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project development plan is graphically indicated by the PUD Master
Development Plan, attached as Exhibit "A". The plan indicates tracts which are
eligible for either single family or multi-family dwelling units, streets, an 18 hole golf
course, a practice driving range, a golf course maintenance site with separate access
from C.R. 951, a country club complex, a system of lakes and preserved natural
wetland and upland areas, an entry gate facility on Davis Boulevard and on C.R. 951.
B. In addition to the plan elements shown on the PUD Master Development Plan, such
easements and rights-of-way shall be established within the project site as may be
necessary or desirable for the service, function, or convenience of the project.
C. The PUD Master Development Plan is also the Subdivision Master Plan.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A. No more than 799 combined single and multiple family dwelling units shall be
constructed in the :!: 418 acre total project area. If all 799 dwelling units are
constructed, gross project density will be 1.9 units per acre.
B. Single and multiple family dwelling units shall not be constructed within the same
platted tract.
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08/17/99
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i t~u JOg 1999
1 Pi~ s ~
v
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the PUD
Master Development Plan, the Collier County Subdivision Code, and the platting
laws of the State of Florida.
B. Exhibit "A", PUD Master Development Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat if applicable shall be submitted. Any division of property and the
development of the land shall be in compliance with Division 3.2 of the Collier
County Land Development Code, and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling 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 final plat for any portion of the tract or
parcel.
E. Appropriate instruments will be provided at the time ofinfrastructural improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
AGENDA ITEM
Mo.~
NOV 0 9 1999
Page6 33
PJr.
08/17/99
F. The golf course and related support facilities, including construction trailers and golf
course maintenance facilities, may be developed prior to the approval of Subdivision
Construction Plans and Plat, subject to approval of an Early Work Agreement by
Collier County Development Services Staff. Use of the Cedar Hammock Golf and
Country Club may not occur until the required plat is recorded, all support
infrastructure is completed and preliminary acceptance for the improvements is
granted by the Board of County Commissioners for that phase of the development.
2.6 MODEL HOMES AND SALES FACILITIES
----
08/17/99
Model homes, sales centers and other uses and structures related to the promotion and sale
of real estate such as, but not limited to pavilions, viewing platforms, gazebos, parking areas,
tents, and signs, shall be permitted principal uses throughout the Cedar Hammock Golf and
Country Club subject to the requirements of Article 2, Division 2.6, Section 2.6.3.3.4, Article
2, Division 2.5, Section 2.5.5.1.3, Article 3, Division 3.2, Section 3.2.6.3.6, and other
applicable sections of the code, and of the Collier County Land Development Code. The
limitation of Section 2.6.33.4.I.5(a), regarding the number of model homes allowed prior to
plat recordation shall be applicable to each development tract rather than each development
phase.
Model homes/model home centers including sales centers shall be permitted in conjunction
with the promotion of the development subject to the following:
A. Models may be constructed after approval of a preliminary subdivision plat but prior
to recording a final plat.
B. Models may be permitted as "dry models" and must obtain conditional certificates
of occupancy for model purposes only. Models may not be occupied until a
permanent certificate of occupancy is issued.
t>.G[NUA ITEM
No. ~~)(
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t~JV 0 9 1999
PaN I..'?'f
C. 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 dry
models pursuant to this section.
D. In addition to use of model homes as sales offices or centers, a sales office or center
may be maintained on-site for the sales, marketing and administration of golf course
memberships.
2.7 AMENDMENTS TO PUD DOCUMENTS OR PUD MASTER DEVELOPMENT
PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON 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, the
developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association and/or Community Development District 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 DevelopUlent Code,
Section 2.2.20.3.8.
2.9 STREETS
A. Platted project streets shall be private or owned by a Community Development
District and shall be classified as local streets.
B.
Ltilization of lands within all project rights-of-way for landscaping, decorative .-
_ 1"- ,~;:..'W.J~ "' _,,1
entranceways, and signage may be allowed subject to review and admuhstra~~ t
i
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1 P1~.~ ~ ~~
08117/99
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
C. Off street parking required for multi-family uses shall be accessed by parking aisles
or driveways. These parking aisles shall be separate from roads providing access to
platted residential lots. Where parking aisles and roads abut, a green space area of
not less than ten (10') feet in width will be provided between the accesses, as
measured from the pavement edge.
2.10 LAKES
A. Lake Setbacks:
1. All lake setbacks shall be measured from the lake top of bank.
2. The required setback to any internal property line or tract line internal to the
Cedar Hammock Development shall be zero (0) feet.
3. The minimum setback to any internal right-of-way, or roadway access
easement shall be twenty (20) feet.
4. The minimum setback to any right-of-way, roadway access easement or
external property line may be twenty (20) feet if the right-of-way, roadway
access easement or external property line is fenced.
B. Lakes may be excavated to a maximum depth of20 feet.
C. Lake Slopes:
Upon the approval of the Site Development Review Director, slope reduction shall
be allowed for a maximum of 40% of the lake perimeter where vertical bulkheads,
rock walls, rip rap or other slope protection measures are provided. Compensating
-
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littoral zone shall be provided where slope reduction is used on the lake perimeter.
~GENo~ ITEM
No.4;lJ1
,
NOV 0 9 1999
Page 'g. (J t"
However, no compensating littoral zones shall be required where slope reduction measures
are used on islands within the lakes.
2.11 FILL STORAGE
This section is provided to allow the completion of the water management system including
the filling of the residential areas prior to building permit issuance, as allowed in Section
3.2.8.3.6 of the LDC. The excavation of the lakes is a requirement of the first construction
phase in order to establish the surface water management system. The fill generated from
on-site lake excavation is approximately adequate to achieve the proposed fInish design
grade. It is anticipated that rock will be generated by on-site lake and utility construction.
In order to avoid off-site traffic impacts caused by the removal of rock from the site, the rock
will be buried for no net loss of material. The residential areas may be cleared and filled
when the lake construction occurs. The filling of the residential areas is necessary to
complete the surface water management system, and is a requirement of the SFWMD permit.
2.12 ACCESS
08/17/99
The project's principal access drive will be on Davis Boulevard with a secondary access on
C.R. 951. Construction access will be on C.R. 951. A separate access for the golf course
maintenance area is also on C.R. 951.
..~,~~..-.-,...-~
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SECTION ITI
RESIDENTIAL DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas designated
as Tract "R" - Residential on the PUD Master Development Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
A maximum of 799 dwelling units may be constructed in this :%:418 acre project.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Single-Family detached buildings.
2. Single-Family attached dwellings, zero lot line and/or multi-family dwellings.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with single and multi-
family residential projects.
2. Utility, water management and rights-of-way/access easements.
3 . Water management facilities/lakes.
4. Project sales and administrative offices, which may occur in a residential or
recreational building and/or in a temporary building until such time as
permanent structures are available, provided the appropriate temporary use
permit is obtained prior to occupancy.
AGENDA IT1
Mo.~
NOV 0 9 1!
08//7/99
Pag 11 P&.~
5. Model dwellings in the single family/multi-family tracts, during the period
of project development and sales.
6. Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested, except as modified herein.
3.4 DEVELOPMENT STANDARDS
A. General:
Except as provided for herein, all criteria set forth shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Front yard
setbacks shall be measured from back of curb or edge of pavement, whichever is
closer to the structure. Condominiumlhomeowners' association boundaries shall not
be utilized for determining development standards.
B. Table I sets forth the additional specific development standards applicable to the
Permitted Uses.
C. Off-street Parking and Loading Requirements:
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
3.5. CLUSTER DEVELOPMENT
In the event a housing project (including infrastructure), is designed with a common
architectural theme, the Collier County Development Services Director may permit
variations from the previously listed residential development regulations. Prior to approval
and subject to the provisions of Division 3.3 of the Collier County Land Development Code,
the Collier County Development Services Director shall insure that the plans are appropriate
for and compatible with the surrounding area, and the basic intent of the PUD standards are
complied with.
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i Lei 0 9 1999
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08117/99
TABLE I
DEVELOPMENT STANDARDS
Development Single Single Family Zero Lot Commonsl
Standards Family Attached Line' Multi-Family Recreation
Detached Uses
PRINCIPAL STRUCTURES
Minimum Lot Area 7,000 S.F. 3,600 S.F. 3,600 S.F. 10,000 S.F. N/A
Lot Width Min. 70 Feet Min. 30 Feetl Min. 50 Feet Min. 120 N/A
Min. 25 F eer Feet
Min. Floor Area 1,500 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. N/A
Front Yard 12 Feet 12 Feet 12 Feet 20 Feet 50 Feef
20 Feet4
Side Yard 5 Feet' 5 Feet' o Feet' 9 & 10 Feet' 25 Feef
10 Feet' 10 Feet4
Rear Yard 10 Feet' 10 Feet' 10 Feet' 20 Feet' None3
10 Feet"
Min. Distance 10 Feet 10 Feet 10 Feet 15 Feet6 10 Feet
Between Structures
2 stories not 2 stories not 2 stories not 4 stories not 60 Feet'
Max. Bldg. Height to exceed 35 to exceed 35 to exceed 35 to exceed 65
feet 7 feet 7 feet 7 feet 7
ACCESSORY STRUCTURES
Front Yard S.P.S. S.P.S. S.P.S. S.P.S. 10 Feet'
S.P.S.4
Side Yard S.P.S. S.P.S. S.P.S. S.P.S. 10 Feet'
S.P.S.4
Rear Yard (attached) S.P.S. S.P.S. S.P.S. 10 Feet' 10 Feet'
S.P.S.4
Rear Yard (detached) 20 Feet IS Feet 15 Feet 20 Feet 10 Feet'
S.P.S.4
Max. Bldg. Height 35 FeetS 35 FeetS 35 FeetS 35 Feet8 40 Feet
S.P.S.: Same as Principal Structure.
2
3
Applicable to single story dwelling units.
Applicable to two story dwelling units.
Applicable only to the golf course clubhouse, and only applicable from residential parcels, otherwise none (0').
Applicable to all other recreational buildings not associated with the golf course clubhouse. Where such
recreational buildings are adjacent to golf course - none (0'), or lake - none (0') measured from the top of bank.
Where adjacent to a golf course - none (0'), or lake - none (0') measured from the top of bank.
15 feet, or one-half the sum of the heights of the adjacent buildings, measured from exterior walls, whichever
is greater.
Building height shall be measured from minimum finished floor elevation.
35 feet, or 2 stories, whichever is greater, above the minimum finished floor elevation, except for attilched
screen enclosures, which may be the height of the principal structure.
All zero lot line units in a series shall have the 0 foot side setback on the same side of the lot.
side may change only if a minimum 10 foot wide space is provided in the fonn of an ease
crossing, or the like, which separate the lots.
..
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6
7
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9
EM
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NOV 0 9 1999
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Dol <1"0
SECTION IV
COMMONS/RECREATION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards
from the areas designated as Tract "CR", Commons/Recreation Area on Exhibit "A". The
primary function and purpose of this Tract is to provide for access, project infrastructure, and
aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality
recreational opportunity. Any recreational, social, administrative or maintenance facility
which may be indicated on the PUD Master Development Plan, Exhibit "A", shall be
considered conceptual, and the placement of such facilities considered non-binding. Except
in areas to be used for water impoundment, and principal or accessory use areas, all natural
trees and other vegetation, as practicable, shall be protected and preserved.
4.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Golf courses and golf club facilities, including temporary and permanent golf
clubhouses.
2. Tennis clubs, health spas, and other recreational clubs.
3. Structures which house social, recreational, project marketing, administrative,
or security facilities.
4. Community and golf course maintenance areas, maintenance buildings, utility
storage buildings, chemical storage buildings, essential services, irrigation
water and effluent storage tanks and ponds, water and wastewater treatment
maintenance staff offices.
ut" Ity A ITEM
No. /~r4.J1
NOV 0 9 1999
P8f>i!4 wI
plants, utilities pumping facilities and pump buildings,
08/17/99
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5. Utility, water management and rights-of-way/access easements.
6. Lakes and water management facilities.
7. Conservation areas/mitigation areas.
8. Land use and/or landscape buffers, which mayor may not be easements,
depending on the buffer use.
9. Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested, except as modified herein.
10. Open space uses and structures including, but not limited to nature trails,
riding trails, fitness trails and shelters, boardwalks, landscape nurseries
gazebos, and picnic areas.
11. Pedestrian and bicycle paths, or other similar facilities constructed for
purposes of access to, or passage through the commons area.
12. Small docks, piers or other such facilities constructed for purposes of lake
recreation, for residents of the project.
13. Shuffleboard courts, tennis courts, swimming pools, and other facilities
intended for outdoor recreation.
14. Lake excavations as permitted by Division 3.5 of the Collier County Land
Development Code.
B. Accessory Uses:
Accessory, incidental and subordinate commercial activities such as, but not limited
to, those provided herein shall clearly be of such scope, size and proposed intensity
that they are sustainable only by the membership of the golf courses and clubhouse.
1. Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns,
restroomslshelters, and other customary accessory uses of golf courses.
A~A ITEM
~/IIJ(
NOV 0 9 1999
PaRe 15 4J.,
-PI. _
~.
2. Small establishments, including golf and tennis equipment sales, restaurants,
cocktail lounges, and similar uses, intended to exclusively serve patrons of
the golf course and other permitted recreational facilities.
3. Customary accessory uses or structures incidental to recreational areas and,
or facilities, including structures constructed for purposes of maintenance,
storage, recreation or shelter with appropriate screening and landscaping.
4. Telecommunications facilities, including, but not limited to digital,
fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, and other
sending and receiving facilities and structures, subject to applicable
permitting, and written approval by the developer or master homeowners'
association.
4.3 DEVELOPMENT REGULATIONS
08/17/99
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas, and location and treatment of
buffer areas.
B. Table I sets forth the additional specific development standards applicable to the
Permitted Uses.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference.
D. A Site Development Plan in compliance with Division 3.3 of the Collier County
Land Development Code shall be required, except for uses authorized by the golf
course Early Work Agreement, as set forth in Section 2.5 F of this document.
E. Off-Street Parking and Loading:
As required by the Collier County Land Development Code in effect at the time
permits are requested.
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F. No buildings shall be permitted within one hundred feet of the existing right of way
for Davis Boulevard, however, entry monuments or signs may be permitted.
4.4 BUFFER DEVELOPMENT REGULATIONS
A. Buffer Types:
1. Land use buffers shall be easements, generally located along the project's
perimeter, intended to protect residential land uses from possible impacts _
from adjacent off-site roadways and/or off-site land uses. Land use buffers
may also be utilized within the project boundaries, at the discretion of the
developer. Land use buffers may be landscape buffers and, or earthen berms
and, or fences/walls.
2. Landscape buffer; existing native plant types may be utilized and, or;
3. Earthen berms and, or;
4. Fences/walls: 10 feet above the finished ground level of the fence or wall.
B. Buffer Development Standards:
In addition to the development standards set forth below, the provisions of Section
6.13 of this document shall also apply.
1. Land use buffers, berms, fences and walls may be constructed along the
perimeter of the Cedar Hammock Golf and Country Club PUD boundary
prior to Subdivision Platting and Site Development Plan submittal. All such
areas must be included in a landscape or buffer easement on Final Plats, or
in a separate recorded instrument. Landscape plans shall be submitted to
Development Services for approval prior to berm construction.
2. All other project property boundaries shall have land use buffer widths in
08117/99
compliance with Division 2.4 from Collier County's Land Development
AGENDA m.M
Code. No. p,//J (
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~C'i 0 9 1999
Pili: 17 ,r If
08117/99
3. Except as provided for above, and in Section 6.13 of this document, buffer
improvements shall be in conformance with Division 2.4 from Collier
County's Land Development Code.
4. Types and numbers of plantings for project perimeter land use buffers shall
be submitted with Construction Plans and Plat application(s). Plans shall
depict how the perimeter land use buffers will be irrigated.
AGENDA ITEM
No./~ I
NOV 0 9 1999
,-
Page PI. 4S
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"Preserve" Area on Exhibit "A", the PUD Master Development Plan. The primary function
and purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, in their natural state.
5.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following, subject to regional, State and Federal permits,
when required:
A. Principal Uses:
I. Preserve
2. Mitigation areas and mitigation maintenance activities.
3. Passive recreation, nature trails, picnic facilities, gazebos and other similar
uses.
4. Water management facilities.
5. Small docks, piers or other such facilities constructed for purposes oflake
recreation, for residents of the project, subject to approval by permitting
agencIes.
6. Hiking trails, golf cart paths and/or boardwalks, riding trails and other such
facilities constructed for the purpose of passage through or enjoyment of the
site's natural attributes, subject to appropriate approval by permitting
agencIes.
--
7.
Signs as permitted by the Collier County Land Development Code'
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CS~; ~p. 11 UA
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NOV 0 9 1999
Pafltj9 4L
at the time permits are requested, except as modified herein.
08/17/99
SECTION VI
DEVELOPMENTCO~TMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development
of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Land Development Code of Division 3.2 shall apply to this project
even if the land within the PUD is not to be platted. The developer, his successor and assigns
shall be responsible for the commitments outlined in this document.
6.3 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", the PUD Master Development Plan illustrates the proposed
development and is conceptual in nature. Proposed tract, lot or land use boundaries,
or special land use boundaries shall not be construed to be final, and may be varied
at anytime at any subsequent approval phase including at the time of final platting or
site development plan application. Subject to the provisions of Section 2.7.3.5 of the
Land Development Code, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Cedar Hammock Golf and Country Club PUD Master Development Plan
rr~~~(f:;::-\~~ '.,'l..M.......
No/jMAJL
! ~G'; 0 9 1999
written request of the developer.
08/17/99
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I. The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Cedar Hammock Golf and
Country Club PUD document.
b. The minor change or refinement shall not constitute a substantial
change pursuant to Subsection 2.7.3.5.1 of the Collier County Land
Development Code.
c. The minor change or refinement shall be compatible with adjacent
land uses, and shall not create detrimental impacts to abutting land
uses, water management facilities, and Preserve Areas within, or
external to the PUD boundaries.
2. The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 6.3.C.1 of this document:
a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as result of regulatory agency review and
permitting. There shall be no overall decrease in Preserve Area.
b. Reconfiguration oflakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the
South Florida Water Management District and Collier County.
c. Reconfiguration of golf course envelopes and design features.
d. Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
e.
Reconfiguration of residential parcels when there is no proposed
encroachment into Preserve Areas.
.~. l
:..~~:#tii; L .
\ t;;:;; n s 1~99
\ P8ft~
3. Minor changes and refmements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4. Approval by the Administrator of a minor change or refinement may occur
independently from and prior to any application for Subdivision or Site
Development Plan approval, however, the Administrator, or his designee's
approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
applicable County permits and approvals.
6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. An annual PUD monitoring report shall be submitted pursuant to Article 2, Division
2.7., Section 2.7.3.6 of the Land Development Code.
B. This PUD is subject to the Sunset Provisions of Article 2, Division 2.7., Section
2.7.3.4 of the Land Development Code.
6.5 SUBSTITUTIONS TO SUBDIVISION REOUIREMENTS
A. Substitutions for Certain Subdivision Requirements
The following subdivision requirements shall be substituted as follows:
1. LDC Section 3.2.8.4.14: Sidewalks on single family lots will be constructed
at the time of individual building construction.
2. 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. Street pavement painting,
street striping, and reflective edging requirements shall be waived.
we_NO A ITEM
Mo...p(iI} (
NOV 0 9 1999
stop bars will be required.
08/17/99
pag~f J/9
.-
3. LDe Section 3.2.8.4.16.5: Street right-of-way widths shall be as depicted in
Exhibit "B".
4. LDC Section 3.2.8.4.16.6: The 1,000 foot long cul-de-sac street maximum
shall be revised to allow a maximum of 2,500 foot long cul-de-sac streets.
5. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a
minimum tangent of75 feet at intersections shall be revised to allow 0 foot
tangents.
6. LDC Section 3.2.8.16.1 0: The requirement for tangents between street
curves shall be waived.
7. LDC Section 3.2.8.4.16.12.e: The requirement that grass be required for all
non-paved areas of the right-of-way shall be waived to also allow the
installation of decorative planters and alternative ground cover.
8. LDC Section 3 .2.8.4 .16.12.d: The requirement for an asphaltic surface course
shall be waived to also allow the use of a surface course of paver bricks or
decorative concrete pavement. See Exhibit "C" for the cross-section.
9. LDC Section 3.2.8.4.16.6: The minimum required right-of-way radii at cul-
de-sacs shall be 55'.
10. LDC Section 3.2.8.3.17.3: The requirement for 5' concrete sidewalks on both
sides of a local street shall be revised to allow a 5' concrete sidewalk on one
side of the street along with a 4' bike lane on each side of the street.
6.6 TRANSPORTATION
08/17/99
A. Purpose:
The purpose of this Section is to set forth the traffic improvement requirements
which the project devdoper must undertake as an integral part of the project
r-.AGJ:":JAITa:A-
development. I No~ I
I f~~J C 9 1999
, P~~3 6"0
.~ ~ --
B. Should the FDOT select an alternative for the planned relocation or expansion of
S.R. 84 which affects the proposed project, and the FDOT acquires the affected land,
the PUD Master Plan and applicable sections of the PUD document shall be amended
to provide for the reservation of right-of-way for the relocated or expanded S.R. 84
provided the petitioner shall not be required to provide environmental mitigation as
a result of said reservation.
C. Improvement Requirements:
1. The developer shall provide left and right turn lanes on Davis Boulevard
before any certificates of occupancy are issued. Construction of these lanes
shall be in accordance with FDOT criteria.
2. The developer shall provide arterial level street lighting at the project
entrance in conjunction with its construction of the entrance to the project.
3. Gatehouse facilities shall be designed and located so as not to cause vehicles
to be backed-up onto any public roadway.
6.7 WATER MANAGEMENT
A. The development will be designed according to South Florida Water Management
criteria.
B. Storm water runoff will be routed to on-site lakes for water quality and quantity
treatment. The project is designed as three separate basins which will discharge to
on-site wetlands. Discharge is limited to the requirements of Collier County
Ordinance #90-10.
6.8 UTILITIES
A. Purpose:
~GENL
~DP/t
NOV 0 9 19~
The purpose of this Section is to set forth the utilities requirements.
B.
Requirements:
1.
Water distribution and sew.age collection and transmission facilities to s rve 51
Pg. (
08/17/99
Page 24
08117/99
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.
2. All customers connecting to the water distribution and sewage collection
facilities will be considered to be customers of the County, and will be billed
by the County in accordance with the County's established rates.
3. Temporary construction and/or sales trailers may use septic tanks or holding
tanks for waste disposal, subject to permitting under F.A.C. RulelOD-6, and
may use potable or irrigation wells.
4. Golf course rest stations and maintenance buildings may be permitted to use
septic tanks or holding tanks for waste disposal, subject to permitting under
F .A.C. Rule IOD-6, and may use potable or irrigation wells.
5. The on-site water distribution system serving the project must be connected
to the Collier County Water-Sewer District's water main available and
adjacent to the project boundaries consistent with the main size and the
requirements specified in the project's Utility Master Plan, and extended
throughout the project. During the design of these facilities, dead-end mains
shall be minimized by looping the internal pipeline network, where feasible.
The County recognizes that there are environmental constraints that may
prevent looping.
6. The project's developer, his assigns, or successors may negotiate an
agreement with the Collier County Water-Sewer District for the use of treated
effluent within the project for irrigation purposes for the golf course and/or
common area. The developer, or a Community Development District
-A7~L~
established to serve the project, shall be responsible for providing all 0 -sitfio. ~ I
,
piping and pumping facilities from the County's point of delivery
e 2ft. 6tf)
project, and shall negotiate with the County to provide full or partial on-site
storage facilities, as required by the Florida Department of Environmental
Protection C"FDEP") consistent with the volume of treated wastewater to be
utilized.
6.9 HISTORIC OR ARCHAEOLOGIC ARTIFACTS
Pursuant to Section 2.2.25.8.1 of the LDC, 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. The Department will
respond to any such notification in a timely and efficient manner so as to provide only
minimal interruption to construction activities.
6.10 ENVIRONMENTAL
A. Purpose:
The purpose of this Section is to set forth the environmental requirements for the
project.
B. Developer Requirements:
1. The developer shall be subject to Division 3.9 of the LDC (or the
tree/vegetation removal ordinance in existence at the time of permitting),
requiring the acquisition of a tree removal permit prior to any land clearing.
A site clearing plan shall be submitted to the Collier County Development
Services Director ("Director") for his review and approval prior to any work
on the site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the maxim
Ar:>C.N[.;/~ ,. ...~
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NOV 0 9 1999
ge 2ft. 03
extent possible, and how roads, buildings, lakes, parking lots, and
facilities have been oriented to accommodate this goal.
08/17/99
- - -~_._------_.~ _.~-_..__....-
2. All exotic plants, as defined in the Collier County Land Development Code,
shall be removed from development areas and, open space areas during each
phase of construction. Following site development, a continuing
maintenance program shall be implemented to prevent reinvasion of the site
by such exotic species. The maintenance plan, which describes control
techniques shall be submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/construction plan approval.
3. Alignment of all golf cart paths may accommodate native habitat. Widths of
paths through wetlands will be kept to an absolute minimum.
4. Final alignment and configurations of water management structures (lakes,
swales) may be subject to minor field adjustments to minimize habitat
destruction.
5. If, during the course of clearing or course activities, plant or animal species
identified in the Florida Game and Fresh Water Fish Commission, July 1987
edition of "Official Lists of Endangered and Potentially Endangered Fauna
and Flora in Florida" are identified, a survey for the presence and distribution
of such protected species shall be conducted by qualified personnel subject
to approval by the Development Services Director. If warranted, project
design shall be adjusted and/or individuals and/or populations of protected
plants and/or animals relocated to preserve areas to insure the survival of the
species. Retention/relocation efforts will include all species identified in the
survey.
6. Native plant materials which must be removed from lake, golf course,
08/17/99
roadway and building construction sites shall be, to the extent practiable. _"_~__
AbfNOA ITEM;
transplanted to appropriate areas of the project. Examples of plant s cie~'~1,
appropriate for transpIanti~g include sabal palms (Sabal palmetto) wJOV 0 9 1999
ge 2'Pa. 6{
08/\7/99
myrtle (Myrica certifera), dahoon holly (Hex cassine), blechnum ferns
(Blechnum sp.), myrsine (Myrsine quianensis), and red bay (persea
borbonia). The objective of this requirement is that native plant material
which would otherwise be destroyed shall be transplanted whenever such
action conforms to sound landscaping practice. The basic criteria for this
practice is that the plant material be of good quality, that it have good
transplantabiIity, and that there be a need for it in other areas of the project.
7. For parking lots in multi-family areas, the developer shall investigate the use
of paver bricks or other pervious or semi-pervious materials which can be
used in lieu of traditional asphalt paving so as to reduce the amount of
impervious surfaces, chemical runoff, maintenance, and potential installation
expense.
8. 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 toward mitigation for impacts to Collier County jurisdictional
wetlands.
9. Buffers shall be provided around wetlands, extending at least fifteen (IS) feet
landward from the edge of wetland preserves in all places and averaging
twenty-five (25) feet from the landward edge of wetlands. Where natural
buffers are not possible, structural buffers shall be provided in accordance
with the state of Florida Environmental Resource Permit
rules and be subject to review and approval by Current Planning
Environmental Staff.
AGEN)A I) .
~.&'j (
ants
NOV 0 9 1999
areas
Pg. 6"6'
10.
All conservation areas shall be recorded on the plat with protective cov
per or similar to section 704.06 of the Florida statutes. Conservatio
shall be dedicated on the plat to the project's homeownefs' association Of like
entity for ownership and maintenance responsibilities and to Collier County
with no responsibility for maintenance.
11. Petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to protected wildlife
species. Where protected species are observed on site, a Habitat Management
Plan for those protected species shall be submitted to Current Planning
Environmental Staff for review and approval prior to final site
plan/construction plan approval.
12. In the event of a dispute concerning the application of the stipulations above,
mutual agreement must be reached between the Director and personnel of the
Cedar Hammock Golf and Country Club. If mutual agreement cannot be
reached, the matter will be brought before the EAB or whatever County
environmental review board is in existence at the time of any dispute. This
governing entity will act as an arbitrator for any disputes. If arbitration is
futile, the matters will be brought before. the Board of County Commissioners
(BCC), with the BCC to act as the final arbitrator.
6.11 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development plan approval.
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
-
throughout the Cedar Hammock Golf and Country Club PUD, except in Preserve Ar
following standards shall apply:
AGENDA ITEM
No.,.#(~ J I
NOY 0 9 1999
P PL t -s" t,
agcrJ
A. Berms shall have the following maximum side slopes:
08117/99
08/17/99
1. Grassed berms 4: I
2. Landscaped berms 3: I
3. Rip-Rap berms 1:1
4. Structural walled berms may be vertical
5. Required buffer planting area 4: I
B. Height of Landscape Berms and Depth of Swales:
A 4: I slope shall be required for berms an swales, except in the following conditions:
1. The maximum height of a berm is four(4) feet, as measured from existing
grade, if a 3: I slope is utilized and the berm is landscaped. The maximum
depth of a swale may be four feet, as measured from existing grade, if a 3: 1
landscaped slope is utilized.
2. A 3:1 slope is also permitted if the height ofa slope is two (2) fee in height
or less or if the open channel is two (2) feet in height or less.
C. Fence or wall maximum height:
The maximum height for all walls and fences around the perimeter of the
development shall be ten (10) feet above the finished ground level of the walls and
fences. Walls and fences within the development shall conform with LDC
requirements.
D. Pedestrian sidewalks, golf cart paths, bike paths, water management facilities and
structures may be incorporated into the required landscape buffer areas, consistent
with Section 2.4.7.3.4 of the LDC..
E. Within the project, landscaping (including palm trees, shrubs and ground cover),
sidewalks/paths will be allowed within a utility easement. Shrubs and ground cover
and paths are allowed within a utility easement. Palms may be allowed wi
three(3) feet of a utility line. Canopy trees may be located seven (7) feet from e
utility line, said seven (7) feet being measured from the trunk of the tree to the cent r
Page 0
.
A~"I'
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NOV 0 9
P&6J-
of the utility line. Reconstruction of sidewalk/paths, or modification/reinstallation
of plant materials due to necessary maintenance of
utility lines will be the responsibility of the developer, its successors, or assigns.
6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.14 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place. An Agreement between the developer and the
Supervisor of Elections for the provision of polling places shall be recorded in the official
records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any
and all successors in interest that acquire ownership of such common areas including
homeowners' associations.
~/I 7/99
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No.~~J /
NOV 0 9 lS99
PI. I:, I
EXECUTIVE SUMMARY
PETITION PUD-99-12, MR. MICHAEL R. FERNANDEZ OF PLANNING DEVELOPMENT, INe.,
REPRESENTING MARIAN H. GERACE, TRUSTEE, REQUESTING A REZONE FROM "A"
AGRICULTURAL TO "PUD" PLANNED UNlT DEVELOPMENT TO BE KNOWN AS BANYAN
WOODS PUD ALLOWING FOR 342 DWELLING UNlTS AND CONDITIONAL USES FOR A
CHURCH AND/OR ASSISTED LNING FACILITY (ALF) FOR PROPERTY LOCATED ON THE
EAST SIDE OF AIRPORT-PULLING ROAD (C.R.31) AND SOUTH OF THE CARILLON PUD, IN
SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 48.87 ACRES MORE OR LESS.
OBJECTIVE:
This petition seeks to rezone 48.87 acres from "A" Agricultural to "PUD" allowing 342 dwelling units.
The PUD document also permits conditional uses for a church and/or assisted living facility (ALF).
CONSIDERATIONS:
~
The proposed Banyan Woods PUD is a planned residential development that is designed around five
residential tracts of development supporting a mix of residential dwelling types, a clubhouse and
recreational amenities. The primary objective is to develop a maximum of 342 dwelling units, which
results in a density of seven (7) units per acre. The petitioner agreed to 7 units per acre instead of their
original request for 7.67 units per acre during the Collier County Planning Commission meeting. In
addition, the PUD document allows (with conditional use approval) a church and an assisted living
facility (ALF) and/or nursing home with a floor area ratio not to exceed 0.45. These conditional uses
are limited to Tracts 4 and 5 and shall not exceed 12 acres in total. The PUD Master Plan indicates that
the main access point to the project is from Airport-Pulling Road (CR-31). This access point also
aligns with the existing traffic signal at the access drive serving the Naples Bath & Tennis Club.
Another access point to the project is proposed from Pine Ridge Road via a 60-foot wide private
ingress-egress easement between the Kensington PUD and the Carillon PUD.
The project lands are located within the Urban-Mixed Use District, Urban Residential Sub-district as
designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
Properties within one (1) mile of an Activity Center are eligible to receive three (3) additional units per
acre. The GMP indicates that the intent behind providing a density bonus is to encourage development
of these urban parcels and to take advantage of existing public facilities and utilities to the area. This
should discourage development outside existing urban areas of the county. The project density shall be
consistent with the density rating system contained in the Future Land Use Element and is based on the
following relationship as noted below:
.-
Base Density
Activity Center Density Band
Roadway Access.
Maximum Permitted Density
+4 dwelling units per acre
+ 3 dwelling units per acre
+ 1 dwellin~ unit per acre
+8 dwelling units per acre
~
1
NOV 0 9 1999
pl.-I
*The PUD document and Master Plan indicate that the project is intended to have direct access to two
(2) or more arterial roads, therefore it is eligible for a density bonus of up to one additional dwelling
unit per acre. However, the subject site does not directly front on Pine Ridge Road (CR-896) but it
may have access via a private ingress/egress easement. Since the petitioner has provided legal
documentation that the developer may use this private access easement and the PUD document
requires that this access road be constructed prior to the granting of the density bonus, staff is of the
opinion that the project is eligible for this density bonus of one unit per acre. As a result, the requested
density of 7 units per acre is consistent with the 8 units per acre the site is eligible to receive. It should
be noted that the BCC has previously directed that the base density be reduced from 4 units per acre to
2 units per acre for Agricultural zoned lands designated Urban Residential and that are 50 acres or
more in size. Since this 48 acre PUD is just under this size requirement, it would not be required to
subtract two units per acre from its base density once this proposed change to the Growth Management
Plan has been adopted. However, because the subject site is nearly 50 acres in size, a case can be made
to limit the density to 5 or 6 units per acre as noted in the attached staff report. Notwithstanding the
above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as
follows: A discussion of compatibility refers to the relationship of the proposed zoning action to the
Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Plan
acknowledies the entire area as an area where urban residential development is expected to occur. As
noted above. the petitioner a~eed with the Plannin& Commission's request to limit the maximum
density to 7 units per acre. which is consistent with the GMP and is one unit per acre less than the 8
units per acre that. otherwise could have been requested.
The relationship of the PUD to existing land uses includes a compatibility study of density. The
surrounding densities of the adjacent developments are as follows: The Timberwood PUD to the south
is approved for 116 units and at a density of 6 units per acre. To the northeast and east is the
developed Kensington PUD that permits a total of 600 dwelling units on 369 acres. This results in a
density of 1.6 units per acre. To the southeast is a portion of the World Tennis Center PUD that
allows 361 units at a density of 4.5 units per acre. Properties to the west across CR-31 are the
developed Naples Bath and Tennis Club community that permits 516 units at a density of 3.36 units
per acre. To the north lies a mixed-use commercial and residential PUD known as the "Carillon
PUD". The developed commercial component contains an existing retail shopping center on
approximately 32-acre tract. The undevelQped residential component allows for 180 dwelling units on
the remaining 11.21 acres, which results in a density of approximately 16 units per acre. Based on the
intensity and densities of the surrounding developments, staff is of the opinion that the subject pun
should receive a density bonus of two (2) units per acre to allow a total of 6 units per acre and a
maximum of 293 units.
The petitioner's stated intent is to primarily construct multi-family dwellings and apartments with a
maximum height of 3-stories or 40 feet. Since the properties to the east are developed with single
family dwellings, the pun limits the maximum height to 2-stories for structures in Tract R-land
abutting the eastern and southern property line. In addition, the PUD document requires a rear yard
setback of 20 feet for any structure from the PUD. Based on compatibility with adjacent land uses as
noted in the Staff Report, staff recommends only a density bonus of two (2) units per acre or a total of
6 units per acre be granted.
-
2
AGENOA ITEM
No. /~ t.1
t~O'J 0 9 1999
Pg. :l
The Traffic Impact Study (TIS) indicates that a 342-unit project (7 units per acre) will generate
approximately 1,951 weekday trips at the build-out versus staff s requested limit of 293-units (6 units
per acre) that will generate 1,640 weekday trips. This reduction in density will generate 311 less trips
per day. In either case the project trips will not exceed the significance test standard (5 percent of the
LOS "C" design capacity) on Airport Road or on Pine Ridge Road. In addition, theses segments will
operate at an acceptable level of service at the build-out of the development when the scheduled road
improvements are completed. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the
Traffic Circulation Element. Policy 7.2 of the TCE encourages the interconnection of local streets
between developments when feasible. It is staffs opinion that an interconnection is not feasible since
the project abuts existing development on three sides.
The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing
on October 21, 1999. By a vote of 5 to 2, the CCPC forwarded Petition PUD-99-12 to the Board of
County Commissioners with a recommendation of approval subject to the provision that the density be
limited to 6 units per acre and increased to a maximum of 7 units per acre when the access road form
the project to Pine Ridge Road is completed giving the project access to two arterial roads. The five (5)
Planning Commission voting for approval determined that the higher density is compatible since the
project is within a density band and is adjacent to an Activity Center. Conversely, the two (2) Planning
Commissioners in opposition agreed with staffs analysis that 6 units per acre is more compatible with
the development trends along the Airport-Pulling Road corridor. It should be noted that two persons
from Naples Bath and Tennis Club spoke during the hearing requesting that the density of the project
be limited to 5 units per acre. Staff also received eight calls opposing the petitioner's requested density.
As a result of these issues, this petition could not be placed on the summary agenda.
FISCAL IMPACT:
This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its
objective, a portion of the existing land will be further developed. The mere fact that new development
has been approved will result in future fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities.
The following impact fees will be applicable to this project:
. Park Impact Fee:
. Library Impact Fee:
. Fire Impact Fee:
· School Impact Fee:
· Road Impact Fee:
$578.00 per unit
$180.52 per unit
$0.15 per square feet of building
$827 per unit
$890 per unit
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. Radon Impact Fee:
. EMS Impact Fee:
. Building Code Adm.:
. Micro Film Surcharge:
$0.005 per square foot of building
$2 per unit
$0.005 per square foot of building
$1.50 per unit
For an average unit size of 1,000 square feet, the total fiscal impact will be $2,639.02 per unit. Since
this project proposes 342 units, the total amount of residential impact fees collected at build-out will
total $902,544.84. It should be noted that because impact fees vary by housing type and because this
approval does not provide this level of specificity as to the actual type of use, the total impact fee
quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out
will have maximized their authorized level of development.
Other fees will include building permit review fees and utility fees associated with connecting to the
County's sewer and water system. Building permit fees and utility fees have traditionally offset the
cost of administering the community development review process, whereas utility fees are used on
their proportionate share of impact to the County system. Finally additional revenue is generated by
application of ad Valorem tax rates. The revenue that will be generated depends on the value of the
improvements. At this point in time a model has not been developed to arrive at a reasonable estimate
of tax revenue based on ad Valorem tax rates.
Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development
takes place in an environment of concurrency management. When level of service requirements fall
below adopted standards, a mechanism is in place to bring about a cessation of building activities.
Certain LOS standards apply countywide and would therefore bring about a countywide concurrency
determination versus roads that may have local geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future
Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide
for higher densities in areas with fewer natural resource constraints and where existing and planned
public facilities are concentrated. The district also permits non-residential uses such as agricultural
uses, churches, schools, essential services, utility facilities, and recreational facilities such as a golf
course. Therefore, this proposed PUD is consistent with the GMP. It should be noted that this rezone
petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be
consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact
on the GMP. This petition was reviewed for consistency and was found to be consistent with all the
applicable provisions of the GMP. Development permitted by the approval of this petition will be
subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County
Land Development Code.
--
AGi::NOA I i EM
No.~
i~~'/ J 9 1999
Pg. if
4
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition PUD-99-12 subject to the
following conditions: 1) Limit the PUD density to 6 units per acre and 7 units per acre only when the
access road from the project to Pine Ridge Road is completed; and 2) The conditions of approval as
described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of
this executive summary.
PREPARED BY:
/0' 2,~.? r
DATE
ALD F. , AICP, MANAGER
CURRENT PLANNING SECTION
~ -
ROB RT J. MULHERE, AICP, DIRECTOR
PLANNING SERVICES DEPARTMENT
\ t.2.~ <tq
DATE
lo-~~ -1'?
DATE
APP?ft(Y:
a~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
~
t10cr
~T
PUD-99-12IEX SUMMARY/RVB/rb
AGENDA ITEM
No.A!J~
NOV 0 9 1999
Pg. ,~
5
AGENDA ITEM 7-H
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE:
SEPTEMBER 9,1999
RE:
PETITION NO: PUD-99-12, BANYAN WOODS PUD
OWNER/AGENT:
Agent:
Michael R. Fernandez
Planning Development, Inc.
5133 Castello Drive, Suite 2
Naples, Florida 34104
Owners:
Marian H. Gerace, Trustee
C/o Steven A. Landy
Greenberg Traurig Attorneys at Law
1221 Brickell Avenue
Miami, Florida 33131
REQUESTED ACTION:
This petition seeks to have the herein described land rezoned from its current zoning classification of "A"
Rural Agricultural to "PUD" Planned Unit Development district to be known as the Banyan Woods PUD.
GEOGRAPIDC LOCATION:
The property is located on the east side of Airport-Pulling Road (C.R. 31) and approximately one half mile
south of Pine Ridge Road in Section 13, Township 49S, Range 25E. (See location map following page).
PURPOSEIDESCRIPTION OF PROJECT:
The proposed 48.87-acre Banyan Woods PUD is a planned residential development that is designed around
five residential tracts of development supporting a mix of residential dwellings types, a clubhouse and
recreational amenities. The primary objective is to develop a maximum of 375 dwelling units, which results in
a density of 7.67 units per acre. In addition, the PUD document allows for a church and an assisted living
facility (ALF) and/or nursing home with a floor area ratio of 0.45 as a conditional use. These conditional uses
may be developed on a residential tract not exceeding 12 acres. For each acre allocated for a church or an
ALF use, the petitioner agrees with staffs recommendation that the number of dwelling units equal to the
project density shall be subtracted from the total amount of residential units permitted within this PUD. The
PUD Master Plan indicates that the main access point to the project is from Airport-Pulling Road (CR-31).
This access point also aligns with the existing traffic signal at the access drive serving the Naples Bath &
- Tennis Club. Another access point to the project is proposed from Pine Ridge Road via a 60-foot wide private
ingress-egress easement between the Kensington PUD and the Carillon PUD.
AGENDA ITEM
No.~
NOV 0 9 1999
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PUD EXHIBIT "B"
Pg. 51
SURROUNDING LAND USE AND ZONING:
Existing: The entire property is zoned "A" Agricultural and is currently undeveloped. It should be
noted that this property has been previously ~ teared and utilized as croplands.
Surrounding: North - To the north lies a mixed-use commercial and residential PUD known as the
"Carillon PUD". This project contains an existing retail shopping center on a tract
approximately 32 acres in size. This PUD also allows for 180 dwelling units on the
remaining 11.21 acres. This undeveloped residential tract was approved with a
density of approximately 16 units per acre.
East - To the northeast is the developed Kensington PUD, which permits a total of 600
dwelling units on 369 acres. This results in a density of 1.6 units per acre. To the
southeast is a portion of the World Tennis Center PUD which allows 361 units at a
density of 4.5 units per acre.
South - The developed Timberwood PUD allows 116 dwelling units at a density of 6 units
per acre.
West- To the west across CR-31 is the Naples Bath and Tennis Club PUD that permits 516
units at a density of 3.36 units per acre.
GROWTH MANAGEMENT PLAN CONSISTENCY:
Project lands are located within the Urban-Mixed Use District, Urban Residential Subdistrict and within the
Residential Density Band around the Pine Ridge Road and Airport Road Activity Center as designated in the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Properties within one (1) mile of
an Activity Center are eligible to receive three (3) additional units per acre. The GMP indicates that the intent
behind providing a density bonus is to encourage development of these urban parcels and to take advantage of
existing public facilities and utilities available to the area. This should also discourage development outside
existing urban areas and into rural areas of the county. A consistency analysis with applicable elements of the
GMP is as follows:
FLUE and Density - Since the 48.87 acre site is located within a Density Band as noted above, the Board of
County Commissioners may approve a range of up to three (3) additional dwelling units per acre over the
base density of 4 units per acre for a total of seven (7) units per acre. The project density shall be consistent
with the density rating system contained in the Future Land Use Element and is based on the following
relationship as noted below:
Base Density
Activity Center Density Band
Roadway Access.
Traffic Congestion Area..
Maximum Permitted Density
+4 dwelling units per acre
+ 3 dwelling units per acre
+ 1 dwelling unit per acre
- I dwellini unit per acre
+ 7 dwelling units per acre.
The PUD document and Master Plan indicate that the project is intended to have direct access to two (2) or
more arterial roads, therefore it is eligible for a density bonus of up to one additional dwelling unit per acre.
However, the subject site does not directly front on Pine Ridge Road (CR-896) but it may have access via a
privately owned ingress/egress easement. Therefore, staff recommends that the project not be eligible to
....
2
AGENDA ITEM
No.~
NOV 0 9 1999
Pg. q
receive the additional unit per acre for connection to two arterial roads unless the following conditions are
met: 1) The petitioner provides legal documentation that they may use this private access easement. 2) That
the Pun document requires that this access road from the project to CR-f'96 be constructed prior to the
granting of density bonus of one additional unit per acre. Since the subject PUD does provide these requested
conditions, staff is of the opinion that the project is eligible for this density bonus. Therefore. the maximum
eligible density is eight (8) units per acre.
"''''The subject site is located outside the Traffic Congestion Boundary as illustrated on the Future Land Use
Map, however, it does abut this boundary because its principal access is to Airport-Pulling Road (CR-31)
which forms the Traffic Congestion Boundary. Since this project is adjacent to the Traffic Congestion
Boundary with its principal access to CR-31 forming the Traffic Congestion Boundary, the Growth
Management Plan (GMP) currently requires that one dwelling unit per acre be subtracted from the
project density. As a result. the maximum eligible density would be seven (7) units per acre. However, a
proposed amendment to the Density Rating System will eliminate this density reduction for projects located
outside the boundary but with its principal access to a road forming this boundary. On September 14, 1999,
the Board of County Commissioners adopted this amendment while the notification of compliance from DCA
for this change is pending their final decision. Once this amendment is enacted, this project would then be
eligible for a maximum of eight (8) units per acre.
It should be noted that the BCC has directed that the base density be reduced from 4 units per acre to 2 units
per acre for Agricultural zoned lands designated Urban Residential and that are 50 acres or more in size. Since
this 48 acre Pun is just under this size requirement, it would not be required to subtract two units per acre
from its base density once this proposed change to the Growth Management Plan has been adopted. However,
because the subject site is nearly 50 acres in size, a case can be made to limit the density to six (6) units per
acre as noted above. As a result, staff is of the opinion that the requested density of 7.67 units per acre is
not consistent with the 7 units per acre the site is currently eligible to receive. However, it wiD be
consistent with the 8 units per acre the site is eligible to receive once the amendment eliminating the
requirement to subtract one (1) unit per acre for primary access to a traffic congestion boundary is
enacted.
In regards to the proposed church and assisted living facility, the Urban-Mixed Use District, Urban
Residential Subdistrict of the Future Land Use Element (FLUE) permits nonresidential uses that include:
parks, open space, child care centers, and community facilities such as churches, cemeteries, fire and police
stations. This district also permits assisted living and group care facilities. Therefore, the proposed church
and ALF uses are consistent with the GMP. To account for the loss of residential land converted for a church
or an ALF use, the Pun document provides the following condition. For each acre converted from residential
to nonresidential uses, the number of dwelling units equal to the project density shall be subtracted from the
maximum total of residential units permitted within this pun.
Traffic Circulation Element (TCE): The Traffic Impact Study (TIS) indicates that the proposed project will
generate approximately 2,000 to 2,301 weekday trips at build-out in 2002. Based on staffs analysis and the
results contained in the TIS, the project trips will not exceed the significance test (5 percent of the LOS "C"
design volume) on any county road if access to Pine Ridge Road via the ingress/egress easement is
constructed. In addition, Airport-Pulling Road (CR-31) from Pine Ridge Road to Golden Gate Parkway is not
projected to operate below it's adopted LOS "E" standard at build-out. As a result. this petition is consistent
with Policy 5.1 and 5.2 of the TCE.
- Pine Ridge Road (CR-896) is a 4 lane arterial road east of CR-31. This road segment was adopted with LOS
"E" as its minimum standard. The current traffic count for this segment is 39,580 and is operating at LOS "F".
"'GENOA ITEM
No./~~
NOY 0 9 1999
3
Pg. /~
Since proposed improvement of this segment to 6 lanes is scheduled to commence by the year 2000, this road
segment should operate at acceptable level of service at the build-out of the project in 2002. In addition, CR-
31 is a 6 lane facility south of CR-896 with LOS "E" as its adopted standard. The current traffic count is
42,639 (LOS "D"). Therefore, this petition is consistent with Policies 1.3 and 1.4, of tht TCE. The Traffic
Impact Review indicates that this segment is projected to be deficient in 2005 which is after the project build-
out. Lastly, Policy 7.2 of the TCE encourages the interconnection oflocal streets between developments when
feasible. Since the project abuts the existing Carillon PUD to the north, CR-31 to the west, the existing
Timberwood PUD to the south and Kensington to the east, no interconnection appears to be feasible.
Conservation and Open Space - The PUD provides a combination landscape, lakes, water management areas,
and qualifying open space that exceeds sixty (60) percent of the gross area. The PUD will achieve native
vegetation preservation or re-vegetation requirements of the LDC, therefore the Conservation and Open Space
elements of the GMP will be achieved by the PUD development strategy.
Utilities and Water Mana~ement - Development of the land will proceed on the bases of connection to the
County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed,
owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management
facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a
function of obtaining subsequent development order approvals.
mSTORIC/ 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. 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.
EV ALUA TION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above
referenced areas of critical concern. This primarily includes a review by the Community Development
Environmental and Engineering staff, and the Transportation Department. Since the site has been previously
cleared for agricultural purposes, a waiver from submitting an Environmental Impact Statement (EIS) has
been granted. The Environmental staff has reviewed this petition and their conditions of approval have been
incorporated into the PUD document. Other jurisdictional staff has also made recommendations for
modification of PUD to ensure compliance with LDC requirements and these modifications have also been
included in the revised PUD. Lastly, the Transportation Department has requested that the streets within the
development be private.
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 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.
4
I .:~
I r~CrJ 0 9 1999
~
I Pg. I /
Each of the potential impacts or considerations identified during the staff review are listed under each of the
criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff.
The review of each of the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should
establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by
professional staff should typically include an analysis of the petition's relationship to the community's future
land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of
its related elements (See Exhibit "A" and Exhibit "B").
Other evaluation considerations should include an assessment of adequacy of transportation infrastructure,
other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of
analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation
includes an analysis of past zoning actions in the project area. In addition, the Board Of County
Commissioners has reviewed similar rezone requests within "Density Bands" where there is an opportunity to
approve a range of up to a three (3) additional dwelling units per acre when deemed appropriate. The added
density is primarily dependent upon the project's compatibility with adjacent land uses and the adequacy of
infrastructure to support the additional units. Notwithstanding the above, staff in reviewing the determinants
for adequate findings to support a rezoning action advise as follows:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier
County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the
FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that
the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property
is near existing residential lands to the south, east and west. The PUD Master Plan illustrates a development
permitting 375 dwelling units on the subject 48.87 acre site. The total project density of 7.67 units per acre is
not consistent with the GMP. Conversely, the proposed density is .33-units per acre less than the possible
eligible density of 8 units per acre if no reduction in density is made for the project's primary access onto a
road that serves as a congestion boundary.
Relationship to Existin~ Land Uses: The surrounding densities of the adjacent developments are as follows:
The Timberwood PUD to the south is approved for 116 units and at a density of 6 units per acre. To the
northeast and east is the developed Kensington PUD that permits a total of 600 dwelling units on 369 acres.
This results in a density of 1.6 units per acre. To the southeast is a portion of the World Tennis Center PUD
that allows 361 units at a density of 4.5 units per acre. Across CR-31 is the developed Naples Bath and Tennis
Club PUD which permits 516 units at a density of 3.36 units per acre. To the north lies a mixed-use
commercial and residential PUD known as the "Carillon PUD". The developed commercial component
contains an existing retail shopping center on approximately 32-acre tract. The undeveloped residential
component allows for 180 dwelling units on the remaining 11.21 acres, which results in a density of
approximately 16 units per acre. Based on the intensity and densities of the surroundin& developments.
staff is of the opinion that the subject PUD should receive a density bonus of two (2) units per acre to
allow a total of 6 units per acre and a maximum of 293 units.
With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use
and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of
future dwelling units are proposed to be integrated around the water management lakes and landscape buffers
as depicted on the PUD Master Plan. In addition, an ALF may be constructed on 12 acres located at the
northwest comer of the project. The ALF at this location would act as a transitional land use between the
commercial shopping center to the north and the proposed residential development to the south.
,,"GiN5AiT'EM I
No./c{tL9-
NOV 0 9 1999
5
...-
)~
The petitioner's stated intent is to primarily construct multi-family dwellings and apartments with a maximum
height of 3-stories or 40 feet. The PUD document also permits single family attached/detached, duplex, along
with zero lot line development standards with a maximum height of 35 feet. Since the properties to the east
are developed with single family dwellings, the POO limits the maximum height to 2-stories for structures in
Tract R-Iand abutting the eastern property line. The proposed building heights are compatible with the
Carillon PUD that allows 6 stories over parking for multi-family structures. The PUD document requires a
rear yard setback of 20 feet for any structure from the POO boundary and IS feet between structures or half
the sum of the building heights whichever is greater. It should be noted that the PUD development strategy is
one that would allow for a mix of dwelling types such as: single family, two family and multi-family dwelling
housing structure types. Development standards relative to each housing structure type are generally
consistent with the standards for conventional residential zoning districts and with the adjacent PUD zoning
districts. Staff is of the opinion that a density bonus of two (2) units per acre is compatible with the adjacent
properties that includes the commercial property to the north and its approved but undeveloped residential
tract at 16 units per acre. Furthermore, the application of PUD development standards and architectural theme
requirements should remove any perception that there are any incompatibilities in dwelling types with
adjacent land areas. Lastly, a church or an ALF facility is generally more compatible with an adjacent multi-
family and commercial uses.
Traffic Circulation - The proposed access point to Pine Ridge Road via the 60-foot wide ingress/egress
easement may not be constructed if the density is limited to 6 units per acre. However, if this access is
constructed, it will improve traffic circulation at the intersection of CR-31 and the project. In addition, the
petitioner agrees with staff's recommendation that a IS-foot wide landscape buffer be placed in the easement
along the eastern property line with the Kensington development. The Traffic Circulation Element lists Pine
Ridge Road (CR-896) is a 4 lane arterial road east of CR-31. This road segment was adopted with LOS "E" as
its minimum standard. The current traffic count for this segment is 39,580 and is operating at LOS "F". Since
construction of this segment to 6 lanes is scheduled to commence by the year 2000, this road segment should
operate at acceptable level of service at the build-out of the project in 2002. In addition, CR-31 is a 6 lane
facility south of CR-896 with LOS "E" as its adopted standard. The current traffic count is 42,639 (LOS "0").
This segment is projected to be deficient in 2005 which is after the project build-out. As a result, this petition
is consistent with Policies 1.3 and 1.4, of the TCE. It should be noted that the Metropolitan Planning
Organization (MPO) indicates that the scheduled extension of Livingston Road from Golden Gate Parkway to
Radio Road should relieve some of the congestion on this segment ofCR-31.
Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the
property and will be extended as a consequence of future platting. All development must comply with surface
water management requirements invoked at the time of subdividing or site development plan approval.
Community Infrastructure and Services - The subject property is readily accessible to a whole range of
community infrastructure that is enhanced by its interface with CR-31. Shopping centers, and medical offices
of various specialties are all within a short driving distance. Regarding the matter of timing, it should be
appreciated that urban commercial development has been approved within the Airport Road/Pine Ridge Road
Activity Center. After considering the availability of community infrastructure and services it is clear that the
development of the subject property is timely and consistent with the FLUE to the GMP.
PUD Document/Master Plan: The PUD document is modeled after a County Planning Services Model PUD
Document in terms of format, general provisions covering references to GMP and LDC, format for addressing
land uses and development standards and development commitments. The PUD also contains all of the
recommendations of reviewing staff. The development standards regulating the placement of residential
structures both for individual lots and clustered development are similar to the standards commonly employed
in other PUD's, that by actual development practice has produced aesthetically pleasing communities.
~GENaA ITEM
No./:.J('P:J-
NOV 0 9 1999
6
Pg. 13
The PUD Master Plan is designed around a primary access point onto Airport Road while a pedestrian access
is provided to the existing Carillon commercial shopping. To improve the relationship with adjacent land
uses, the location of future dwelling units have been integrated around lakes and landscape buffers as depicted
on the Master Plan.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPe) recommends approval of Petition PUD-99-12 subject
to the following conditions: 1) Limit the density to 6 units per acre, not to exceed 293 dwelling units; and 2)
The approval conditions that have been incorporated in the PUD document and as otherwise described by the
Ordinance of Adoption and Exhibits thereto.
PREPARED BY:
/0./. ?7
DATE
16. { 1.99
DATE
~.~Elrn:Af~TOR
PLANNING SERVICES DEPARTMENT
t7t;Bk- ~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
W-rk17
DATE
IG~~ 't
Petition Number PUD-99-12
Staff Report for October 21, 1999 CCPC meeting.
COLLIE~Oy PL~G COMMISSION:
/c1#Jd~~//
MIC~L 1. a1)T TFT, CHAIRMAN
PUD-99-121 STAFF REPORT/RVB/rb
~G[NDA ITEM
No.~~
NOV 0 9 1999
Pg. If
.
7
FINDINGS FOR PUD
PUD-99-12
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
fi2.;. (i) Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
area along Airport-Pulling Road (CR-31).
(ii) Development of land which is located on an arterial road, is within a density
band, next to an Activity Center, and is adjacent to commercial uses is
particularly suitable for multi-family uses.
~ (i) Existing residents often perceive new development as an intensification near
their existing neighborhood as contributing factors to inconveniencing traffic
movements to and from their place of residence, increasing noise and
pollution, and reducing property values.
Finding: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions contained in the
PUD document give assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require supplementing the PUD
document will be recommended to the Board of County Commissioners as conditions of
approval by staff. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the Growth Management Plan.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable.
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.
AGENDA ITEM
No. /{' ~j,2.
NOY 0 9 1999
/6'
Pg.
Exhibit "A"
1
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
~ (i) The development strategy for the subject property is entirely consistent with
the goals, objectives and policies of the Growth Management Plan.
.Qm.;, 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: The subject PUD proposes to allow residential uses at
a density of 7 units per acre which is consistent with the Future Land Use Element
(FLUE) of the Growth Management Plan.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
fr2.i (i) The PUD has been designed to provide similar development standards as the
approved PUD developments to the south and east. In addition, increased
landscaping and buffering has been provided to buffer the residential tracts
with the existing shopping center to the north.
(ii) The proposed development will serve as a transition from the commercial
land uses to the north with the residential uses to the south.
~ None.
Finding: The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms of open space separation. External
relationships are automatically regulated by the Land Development Code to assure
harmonious relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Finding: The amount of open space set aside by this project is consistent
with the provisions of the Land Development Code.
-
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
AGENOA ITEM
No/~ ~r:J-
Pro/Con: Evaluation not applicable.
2
~
~
~
Lpg.
16
NOY 0 9 1999
Summary Finding: Timing or sequence of development in light of concurrency
requirements automatically triggers the mechanism for ensuring that further LOS
degradation is not allowed or the LOS deficiency is corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
.fm;. This petition seeks to extend the existing residential zoning that is adjacent to
the site to the south. Since the subject site is located within a density band, this
project is eligible to receive a density bonus of 3 units per acre. In addition, this
project will not adversely impact any adopted level of service standard.
Qml None.
Summary Finding: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff report
adopted by the CCPC. Relative to this petition, development of the subject property is
timely, because supporting infrastructure is available.
8. Conformity with pun regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Summary Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development standards
that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to those standards.
FINDINGS FOR PUD-99-12/RVB/rb
AGENDA. ITEM
NO./,;{AJ.;l-
NOV 0 9 1999
Pg. / l'
3
REZONE FINDINGS
PETITION PUD-99-12
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
fm.;,
1. The subject property is located within the Mixed Use Urban Residential District on
the FLUE of the Growth Management Plan.
ii. Development Orders deemed consistent with all applicable elements of the FLUE of
the GMP should be considered a positive relationship.
CoD..;, None
Summary Findings: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan. The density permitted within this PUD is
consistent with the Density Rating System contained in the Growth Management Plan.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff
report. )
Summary Findings: To the north is the approved Carillon PUD that contains an existing
shopping center. This is a residential PUD within the density band. The subject PUD
serves as a transition with the commercial uses to the north and the residential uses to the
south. The property to the west across CR-31is an existing mixed residential
development. To the south is the Timberwood PUD. To the east are single-family
dwellings on lands that are zoned Kensington PUD.
3.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
-
fm.;, The subject site is of sufficient size (48 acres) and is located within a density band
and an Activity Center. In addition, the site is adjacent to an existing residential PUD.
AGENDA ITEM
No. ~ 4)c9-
NOV 0 9 1999
PI. If
!:.o.Dl None.
1
Summary Findings: The parcel is of sufficient size that it will not result in an isolated
district unrelated to adja~ent and nearby districts. It is also consistent with expected land
uses by virtue of its consistency with the FLUE.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
frQl The district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
~ None.
Summary Findings: The boundaries are logically drawn by virtue that the subject PUD
provides an extension of the existing residential land to the south.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
lm;. The proposed zoning change is appropriate based on the approved residential land
uses to the south and because of the subject PUD's relationship to the GMP is a positive
one.
Qw.;, None.
Summary Findings: Consistent with the FLUE and Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
lmi (i)
Recommended mitigation actions (i.e. landscaping) made a condition of
approval will go a long way towards offsetting any potential adverse
influences on the residential subdivision to the west of the project.
Qm.;, (i)
The location of the subject site could cause increased noise and traffic
impacts on the nearby residences. However, due to the proposed landscape
and buffer areas, the proposed PUD should not adversely impact the
adjacent properties.
Summary Findings: The proposed PUD will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments. Recommended mitigation
actions should serve to ameliorate impact on the adjacent residential area. This includes
limiting the density to 6 units per acre.
AGENDA ITEM
No. /~( 1iJa.
t\GV 0 9 1999
2
Pg. /q
7. Whether the proposed change will cl..:ate 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.
f.m; (i)
(ii)
~ (i)
(ii)
An action to rezone the property as requested is consistent with the traffic
circulation element.
The property fronts directly on a public road (CR-31) thereby providing
access to the arterial road network over which traffic from this
development will draw and defuse traffic.
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 as adopted in the
Growth Management Plan..
In the short run construction traffic made necessary for development may
be irritating to local residents.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final
analysis all rezone actions are subject to the Concurrency Management System.
8. Whether the proposed change will create.a drainage problem;
.fr2l (i)
~ (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.
Urban intensification in the absence of commensurate improvement to
inter-county drainage appurtenances may 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. ~GEN)/ ~TEMJ'
No./p? '{ ~
3 NOV 0 9 1999
Pg. ;10
.-
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
~ The proposed PUD development conforms to the approved zoning on the adjacent
property to the south. In addition, the maximum height for the structures as provided for
in the PUD is similar to the maximum height permitted within the nearby projects to the
south and west. The overall development standards are compatible with the standards
listed for the similar residential districts in the LDC which are designed to protect the
circulation oflight and air to adjacent areas.
.C2nl 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.
~ None.
Summary Findings: This is a subjective determination based upon anticipated results,
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation mayor may not
affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing 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.
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NOV 0 9 1SS9
4
Pg. .:;. /
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,
which are public policy statements supporting Zoning actions when they are consistent
with said plans. In light of this fact the proposed change does not constitute a grant of
special privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property 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 Growth Management Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
frQl.... The project is designed in a manner that IS compatible with surrounding and
approved PUD property in size and scale.
!:mLi Existing neighbors within the adjacent subdivision to the west and east may feel
that the proposed change is out of scale with the neighborhood.
Summary Findings: The subject PUD complies with the Growth Management Plan
while the intensity of land uses is deemed acceptable for this site.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: There are many sites, which are zoned to accommodate the
proposed development. This is not the determining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are consistency with
all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the
timing of the action and all of the above criteria.
AoGI:.t.;DA.frEM
No. /r{ A).:J-
NOV 0 9 1999
Pg. ~,)..
5
16. The physical characteristics of the property and the degree of site aIterat~l)n which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
fi.2.;. The subject property is undeveloped. Presently exotic vegetation has invaded the
site, however the environmental impacts are minimal.
~ Development of the site may create a need for additional fill and site alteration for
infrastructure improvements.
Summary Findings: The extent of site alteration will be determined as a function of
obtaining a Site Development Plan approval to execute the PUD's development strategy.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findings: A multi-disciplined team responsible for jurisdictional elements of
the GMP has reviewed this petitions 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-99-12/RVB/rb
r ~~;.
,
.
6
t~:':'1 0 9 1999
Pg. ,j.3
Petition No.:
PTjDSS-IZ
Date Petition Received:
Planner Assigned: fA V
(
Commission District:
~D
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s):
Marian H. Gerace. Trustee
Applicant's Mailing Address: c/o Steven A. Lam(v. Esq.
Greenburg TrauMg Attorn(Ys at Law. 1221 Brickell Ave
City:
Miami
Zip: 33131
State: Florida
Applicant's Telephone #:
305-579-0758
Fax:
305-579-0717
Name of Agent:
Michael R. Fernandet.. AICP Firm: Planning DevelOJ'ment. Inc.
Agent's Mailing Address: 5133 Castello Drive. Suite 2
City: N4P'es
State: Florida
Zip: 34104
Agent's Telephone #:
941-263-6934
Fax: 941-263-6981
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES I CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FLORIDA 34104
PHONE (941) 403-2400 I FAX (941) 643-6968
Complete the following for all Association(s) affiliated with this petition.
(Provide additional sheets if necessary).
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98
AGENDA IrEM
No.~
Il8jfe a 9 1999
Pg. ci) Lj
Name of Homeowner Association: NIA
Mailing Address City State _Zip
Name of Homeowner Association:
Mailing Address City State _Zip
Name of Homeowner Association:
Mailing Address City State _Zip
Name of Master Association:
Mailing Address City State _Zip
Name of Civic Association:
Mailing Address City State _ Zip
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
AGENDA ITEM
No.A4)~
.NOV 0 9 1999
Page 2
./
Pi. ~6
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
Wallace L Lewis. Jr.
Marian H. Gerace
Lvnn Scelfo
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
.-.
APPLICA nON FOR PUBLIC BEARING FOR pun REZONE - 5/98
AGENOA ITEM
No. /~;l.
NOV 0 9 1:99
Page 3
pg.~
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership or trust.
Name and Address
g. Date subject property acquired (X) leased ( ): 8/21/91 Term oflease..lJi4.. Yrs/mos
If, Petitioner has option to buy, indicate date of option:
option terminates: , or anticipated closing date
n/a
n/a
and date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
APPLICA nON FOR PUBLIC HEARING FOR pun REZONE - 5/98
AGEl\DA ITEh
No.~
NOV 0 9 1~39
Page 4
Pg. ~'7
3. Detailed lela' description of the property covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section:
13
Township: 49S
Range:
25E
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D.#:
Metes & Bounds Description:
Please see attached Exhibit "A "
4. Size of property: 1.481 ft. X 1.277 ft. =Total Sq. Ft. 1.891.237:: Acres 48.86::
5. Address/lenerallocation of subject property: A4jacent and east qf Air:port Pulling
Road and at/jacent and north qf Timberwood pun and atQacent and west qf a
portion (l( World Tennis Center and a portion Q/ Kensil'4pon Country Club.
6. Adjacent zoninz: and land use:
Zoning Land use
N Commercial
S PUD
E PUD
W R/W
.-
Carillon Shqppinf Center
Timbe.rwood - Residential
Kensington Country Club / World Tennis Center
Ai'1'ort - Pulling Road
APPLlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 5/98
AG'Et:zaA m.M
No.~
- ~Jl~ 1~S9
Pg. ~i'
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). YES
Section: 13
Township:
49S
Range: 15E
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D.#:
Metes & Bounds Description: Please see attached Exhibit uB"
7. Rezone Request: This application is requesting a rezone from the A - Arriculture
zoning district(s) to the PUD zoning district(s).
Present Use of the Property:
Vacant- Farminr
Proposed Use (or range of uses) of the property:
Residential
1. 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 COrrmUssion'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 Rez.one Considerations (J..DC Section 1. 7.1.~)
J. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98
~-
AG~A ITEM
No.Lof Lf )~ .
NOY 0 9 1S99
Page 6
Pg. ~9
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subject propel1)': To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? No
11. Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide fifteen (1 5) copies of a 24" x
36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a
maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of
the plan may be requested upon completion of staff evaluation for distribution to the
Board and various advisory boards such as the Environmental Advisory Board (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 structures(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas;
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land
Development Code (LDC), or a request for waiver if appropriate.
AGENDA ITEM
No./{AJ02.
NOVgO 9 1999
Page
Pg. 30
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1.
Name of Applicant(s):
Marian H. Gerace. Trustee
2. Applicant's Mailing Address: do Steven A. Landv. Esq.
Greenhurl Trau,.;z AttoTnO's at Law. 1221 Brickell Ave
City:
Miami
State: Florida
Zip: 33131
3. ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE):
4.
Section:
13
Township: 49S
Range:
25E
Lot: Block:
Subdivision:
Plat Book Page #:
Property 1.D.#:
Metes & Bounds Description: Please see attached Exhihit "A"
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable
System):
a. COUNTY UTILITY SYSTEM X
b. CITY UTILITY SYSTEM 0
c. FRANCmSED UTILITY SYSTEM 0
PROVIDE NAME:
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCmSED UTILITY SYSTEM
PROVIDE NAME:
d. PRIVATE SYSTEM (WELL)
X
o
o
o
.--,-_..-------~
ACt.t..::.A ITS,4
~.~d)~
APPLlCA nON FOR PUBLIC BEARING FOR pun REZONE - 5/98
. NCV 0 9 lSS9
Pg. ,~I
7. TOTAL POPULATION TO BE SERVED: 2.2 x 390 = 858
2.2 x # units =
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK: 507.638gpd
AVERAGE DAILY: 390 x 2.2 x 154 = 132.132 gallons
B. SEWER - PEAK: 329.635 Kpd
AVERAGE DAILY: 390 x 2.2 x 100 = 85.800 gallons
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY
REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE
SER VICE IS EXPECTED TO BE REQUIRED: October. 2000
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific
statement regarding the method of afiluent and sludge disposal. If percolation ponds
are to be used, then percolation data and soil involved shall be provided from tests
prepared and certified by a professional engineer.
11. COLLIER COUNTY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities
the water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable
County ordinances in effect at the time. This statement shall also include an agreement
that the applicable system development charges and connection fees will be paid to the
Collier County Utilities Division prior to the issuance of building permits by the
County. If applicable, the statement shall contain an agreement to dedicate the
appropriate utility easements for serving the water and sewer systems.
The Written Notariz.ed Statement Will be Provided Prior to Approval
12. STATEMENT OF AVAILABILITY CAPACITY FROM OrnER
PROVIDERS: Unless waived or otherwise provided for at the pre-application
meeting, if the project is to receive sewer or potable water services from any provider
other than the County, a statement from that provider indicating that there is adequate
capacity to serve the project shall be provided.
APPLICA nON FOR PUBLIC HEARING FOR PUD REZONE - 5/98
AGEt';':;A ITilA
~../44) ~
NOY 0 9 lSS9
Pg. ,:JJl...
~
-
AFFIDA VIT
w~ I. Marian H. GerlU:e. Trustee . heillgjirst duly
.pr4'om, depose and stry that we IJ am, 'are the owners of the property described herein and
which i.'i lhe ~mbject maller of lhe propv,,,'ed hearing; that all/he an:,wers tv the que....lion:,. ill
this application. including the disclosure f?f interest information, a/l sketches, dola. alld other
supplementary malleI' aJtached to and made a pari of thi.\' applicatiun, are heme...1 and troe to
the best vf our knowledge and belief We /1 understand Ihalthe informalion requested 011
lhi~' application mllsl bit! complete and accuratl! and that Ihl! contl!n1 of this/orm. whether
computer generated or COllnty primed shail170t be altered Public hearings will n01 be
adverlised until this app!ic:atiul1 is deemed c:umplde, and till required infurmativn htls been
.mbmitled
As pruperty OWl1lt!r Wit! ! 1 furthe1' authorize PlanninK DfVelo.pment Inc:orDorlZled /
Michael R. Fernandez. AICP to act as our.- my represelllative in any matters
regardillg Ihis Petition
Signa/ure of Property Owner
Murian H. Gerace. Trustee
Typed or Printed Name qf Owner
Typed or Primed Name of <.M'11er
Jm/orl!g<.Oil~/rume1lt.".. aclmowledged before me this 10 ~, (j
1999, hy kt "f'! Ii. Cf3i::;~ who is persol1ally Icll0WI1to '
as idcfltijicatiofl.
/
/l...tt.-
Stale C?f ~
Cou11tyof k
BARRY H. DEUTSCHMAN
NOTARY PUBLIC DISTRICT OF COLUMBIA
My Commission ["~~ir~s June 14, 2002
(Prilll. l}pe or Stamp CommissIOned
Name of Notary Public)
APPUCA TION FOR PUBLIC HEARING FOR pun REZONE - 5/98
p
A~A ITLM
No.~4):1-
NOV 0 9 1::9 .
~
Pg. < ":(!~
EXHIBIT" A"
LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA:
A PARCEL OF LAND LYING WITHIN SECTION 13, TOWNSlllP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE PLAT OF CARILLON
(PLAT BOOK 21, PAGE 59 - 61)~
THENCE N 88050'18" E, ALONG SAID PLAT A DISTANCE OF 710.00 FEET;
THENCE N 01000'37" W, ALONG SAID PLAT A DISTANCE OF 373.80 FEET~
THENCE S 89052'59" E, ALONG SAID PLAT AND THE EXTENSION THEREOF A
DISTANCE OF 571.37 FEET TO AN INTERSECTION WITH THE WESTERLY
LINE OF KENSINGTON PARK PHASE ONE (PLAT BOOK 21, PAGE 62-67);
THENCE S 01000'37" E, ALONG SAID WESTERLY LINE AND THE EXTENSION
THEREOF A DISTANCE OF 1879.22 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF TIMBERWOOD (UN-PLATTED)~
THENCE N 890J 1'09" W, ALONG SAID NORTHERLY LINE A DISTANCE OF
1277.77 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF AIRPORT PULLING ROAD;
THENCE N 01009'42" W, ALONG SAID EASTERLY LINE A DISTANCE OF
1481.54 FEET, TO THE POINT OF BEGINNING.
CONTAINING 48.866 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
.~
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AGEN)A ITG\4
No.PfLl) ,;l-
'NOY 0 9 1~~9
Pg. <..30/
EXHIBIT" B"
Legal Description
A PARCEL OF LAND LYING WITHIN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF CARILLON (PLAT
BOOK 21, PAGE 59 - 61);
THENCE S 89052'59" E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF PINE
RIDGE ROAD A DISTANCE OF 80,02 FEET TO THE NORTHWEST CORNER OF
KENSINGTON PARK PHASE ONE (PLAT BOOK 21, PAGE 62-67);
THENCE S 01000'37" E, ALONG THE WESTERLY LINE OF SAID KENSINGTON A
DISTANCE OF 1320.26 FEET;
THENCE 89052'59" W, A DISTANCE OF 60,02 FEET TO A SOUTHEAST CORNER OF
SAID CARILLON PLAT;
THENCE ALONG THE EASTERLY LINE OF SAID CARILLON THE FOLLOWING
THREE COURSES:
(1) N 01000'37" W, A DISTANCE OF 1020.26 FEET;
(2) N lr 16'30" W, A DISTANCE OF 102.37 FEET;
(3) N 01000'37" W, A DISTANCE OF 200.00 FEET, TO THE POINT OF BEGINNING;
CONTAINING 1.933 ACRES OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGOOAlTEM
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NO\! 0 9 1S~9
Pg. <36
"~~~~l .."L:::-t:c~{""1f\"''':'..4::ll.~~MO.!li~~~r~;~.!!~.....:' <"lr"~f""~~ :'~ot
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SPECIAL WARRANTY DEED .
.
THIS IHDE:NTl..TR.!:, aade a. ot this ~'day ot ~' 1991,
RE~ctween IofALUCE: L. LEWIS, JR., Grantor, Trust.e, a IAN H.
PRM CERACE, .. Succe.sor Tru.tee under th- ~~ovi.ion. or at certain
DOC unrecorded Oeclarat,ton or Tru.t, dated July 6, 1988, in accordance
INT_____ with the provi.ion. or Florida Statute. Section 689.071 (1987),
INO____ who.. aail1n9 addr... 1. 68(3 Main Stre.t, Miami Lax.., Florida,
33014, Grantee.
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WITHtSsrrHI That the .aid Grantor, tor and in con.ld.ratl~n
ot tha .u. ot Ten Dollar'\ ($10.00) and other qood and valuable
con.idaration., to it in hand paid by the Crantee, tha receipt
whereot i. her.by acknovledqed, has qranted, bar~ained and .old to
the .aid Grantee, his .ucce..ora and aS81qn5, forever, the
tollowinq de.cribed land .ituate, lyinq and beinq in Dade County,
Florfdat
u
o
PAAC1':L 1
Th. Jlorthwe.t one-quarter (tnoI-l/4) or the Jlorthwe.t one-quarter
(tnoI-l/4) of Section Thirteen (13), Tovn.hip 'orty-nine (4') South,
RAnqe Twenty-five (25) ea.t, le.. the We.t One Hundred reet (100')
ahd the North Seventy-rive teet (75') tor county road riqht.-of-
way, Collier County, Florid. (be1nq approxl..t~ly 37 acre. .ore or
le..) I and
P~C1':L 2
The Southweet one-quarter (8V-l/4) ot the "orthwe.t one-quarter
(NW-l/4) or Section Thirt.en (13), Town.hip Forty-nine (491 South,
~ange Twenty-f1ve (2~) E..t, le.. the We.t One H~ndr.d Fe.t (100')
for county road r1qht.-ot-vay, Collia-r County, Flor1d4 (be1ng
approxi.ately 39 acre. aore or le.ft) ,
P~C!:L ]
Th. Horth one-halt (IC-1/2) or the Morthwe.t one-quarter (IN-l/4) or
the Southw..t one-quarter (SW-l/4) of Sa~1on 13, ~ovn.hip 'orty-
nine (49) South, Ranqe -rwenty-!1ve (25) tnt, leu the Wut One
Hundred reet (~OO'1 for county road riqhte-ot-way, Collier County,
'loriQ& (beinq .pproxi~at.ly l' acre. aore or lea.).
l;, Full pO\ier &nd authority 1. hereby qranted to .aid Trustee, to
pro~~ct, con..rve, and to .ell, and to le..e and to Incumber, and
otherviae to .anar;a and di.pC".e ot t."le real property herein
d..cribed.
THIS IS A CONVEYANCE TO A SUCCESSOR TRUSTE!: OF A 'mOST, THt BtH'E-
nCIAL INTtRtST or WHICH R.tXAINS t1NC'H..'JiGtO, AND TH"tRtroRt, NO
FLORIDA OOC'UKtN'I'AR'i STAMPS OR SURTAX AR.!: OU'! OK THIS C':.'NVt'iANCE.
The interest of the beneHciary under aaid o.claration or
Tru.t and under this dud is hereby ddined and dlclared to be
personal property only.
Crantor covenant. tha~ aaid property 1. tree ot all
encumbrance. aade by it, except tho.e appearinq or r.co~, and the
.aid Crantor doe. heT~by .pecially varrant the title to aaid land
and vill datend the aame ~qain.t the lawful ela1.. of all par.on.
Who..oevlr 01a1.1n9 by, throuqh or under it.
delivered i
LI...\Ct L. LtWIS,
84 3 Kain Strut
i..l Laka., rlor
33143
tne . t
Sua IAndrith
6843 Kaln Straat
Mia.1 Lake., Flor1da 33014
STATE or FLORIDA
COC'NTY 0 r DADE
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Tha torer;oinq instruaent WaS acknowled e
day ot Auquat, 1991, Wallacl L. Lewi., Jr
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'!"':' c~:--'i"",l~!ltion e~irfl~: :-'Yr......f''''-/t~..l.t'''. "'4'~ Lt"<<1
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Banyan Woods PUD
Project Narrative
The subject property has an area of approximately 49 acres, is presently zoned agricultural and
utilized as crop lands. The project has over 1/4 mile of frontage and gains access from Airport-
Pulling Road at the existing traffic signal designed to serve both Naples Bath & Tennis Club and
the subject property. Construction access is to be provided over an easement which connects the
parcel to Pine Ridge Road. The PUD requires that this construction access be made into the
project's second community access prior to the development of over 342 residential units. The
adequacy of infrastructure will be maintained, in part, by required compliance with the Collier
County Adequate Facilities Ordinance.
This parcel's existing agricultural zoning classification makes it an isolated zoning district within
the Urban Boundary and a district supporting incompatible uses within the area's land use
pattern. The proposed rezoning will be compatible with existing and proposed developments and
will allow them to retain or enhance their economic value. The proposed rezone from
agricultural to PUD-residential, follows a land use pattern of residential encouraged by and
consistent with the County's Growth Management Plan and compatible with the existing
communities of Kensington, World Tennis Center, Timberwood and the future community of
Carillon. Like these communities, Banyan Woods will provide a minimum open space
component of 60 percent of the gross site area and utilize landscape buffers, both between
residential neighborhoods of differing units types within it boundaries and along the project's
perimeter, to mitigate impacts of the land use, scale and intensity. The project's scale and
intensity allows for development standards which restrict building heights to less than the canopy
of the existing vegetation to be retained and the canopy of the landscape buffers at maturity,
lending compatibility between neighborhoods. The project's intensity is transitional between
neighboring residential communities and the existing Carillon Shopping Center and the Carillon
residential development which provides for approximately 16 units per acre and height yielded
by 7 stories over parking. The parcel is proposed to be developed with an intensity of less than
7.4 units per acre which is consistent with the provisions of the Collier County Growth
Management Plan. The internal arrangement of the required 60 percent minimum open space
component will afford a mixture of preserve areas, lake feature and landscaped elements which
will compliment and provide visual amenities for the residents of Banyan Woods.
AGEN.aA rTr.:M
No.~(!J,:J.
NOV 0 9 1939
Pg. .3'/
EXHmIT NO.7
BANYAN WOODS PUD
DEVELOPER AND LIST OF PROJECT CONSULTANTS
OWNER! MARIAN H. GERACE, TRUSTEE
PETITIONER:
PLANNING!
ENGINEERING: PLANNING DEVELOPMENT INCORPORATED
SW ANSON & ASSOCIATES CONSULTING
ENGINEERS, INC. - A JOINT VENTURE
5133 Castello Drive, Suite 2
Naples, Florida 34103
Contact: Michael R. Femandez, AICP - Project Manager
Phone: (941) 263-6934
Fax: (941) 263-6981
Owner's Personal Attorney: GREENBURG TRAURIG Attorneys at Law
1221 Brickell Avenue
Miami, Florida 33131
Contact: Steven A. Landy
Phone: (305) 579-0758
Fax: (305) 579-0717
Land Use Attorney: CHEFFY, PASSIDOMO, WILSON & JOHNSON
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Contact: John Passidomo
Phone: (941) 261-9300
Fax: (941) 261-0884
SURVEYOR: AGNOLI, BARBER & BRUNDAGE
7400 N. Tamiami Trail, Suite 200
Naples,.Florida 34110
Contact: Guy Adams
Phone: (941) 597-3111
Fax: (941) 566-2203
GEO- TECHNICAL
ENGINEER: ASC GEOSCIENCES, INC.
5500-4 Division Drive
Fort Myers, Florida 33905-5001
Contact: Greg Evans
Phone: (941) 693-6334
Fax: (941) 693-8852
.-
ENVIRONMENTAL:
COLLIER ENVIRONMENTAL CONSULTANTS
3880 Estey Avenue
Naples, Florida 34104
Contact:
Marco A. Espinar
Phone: (941) 263-2747
Fax: (941) 263-2747
AGEi\0A IT2\o1
No~'
NOV 0 9 1999
Pg. .3 f
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WInCH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND
9513S; BY CHANGING THE ZONING CLASSmCATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "An
RURAL AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS BANYAN WOODS FOR
RESIDENTIAL DWELLING UNITS FOR PROPERTY
LOCATED ON THE EAST SIDE OF AIRPORT PULLING
ROAD (CR-31) AND APPROXIMATELY ONE HALF MILE
SOUTH OF PINE RIDGE ROAD (CR-896) LOCATED IN
SECTION 13, TOWNSIDP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 48.87
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Michael R Fernandez of Planning Development, Inc., representing
Marian Grace, petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real property located in Section 13,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural
Agriculture to "PUD" Planned Unit Development in accordance with the Banyan Woods PUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official
Zoning Atlas Maps Numbered 9513N and 9513S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
-1-
~. ----A
AG~;" ITL\4
No.~) :J-
"''''1 n Q ~-"'9
!\tUV l;... .~~
Pg. .39
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,1999.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
BOARD OF COUNTY COMMISSIONERS
COllffiRCOUNTY,aO~A
ATTEST:
BY:
PAMELA S, MAC'KIE. Chairwoman
DWIGHT E. BROCK, Clerk
Approved as to Form
and Legal Sufficiency
~"L Tn. {Un4.fd
Marjo M. Studen
Assistant County Attorney
PUI>99-120RDINANCEIRBItI
I
. I
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-2-
AGENDA ITEM
NoL{"A)f)..
~,":1-',. c
ND~~e-9 1999
pg..::,?'
BANYAN WOODS
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:
Marian H. Gerace, Trustee
clo Steven A. Landy, Esq. of
Greenberg, Traurig, et al
1221 Brickell Avenue
Miami, Florida 33131
Prepared By:
Michael R. Fernandez, AICP
of
Planning Development Incorporated
5133 Castello Drive Suite 2, Naples, Florida 34103
941 I 263-6934 941 I 263-6981 fax
PDIMRF@AOL.COM
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
09/30/99
EXHIBIT "A"
AGEN;)A ITEM
No..~4) .2-
NOV 0 9 1SS9
pg.4/
TABLE OF CONTENTS
SECTION
PAGE # of26
TABLE OF CONTENTS & LIST OF EXHIBITS
2
STATEMENT OF COMPLIANCE
3
I PROPERTY OWNERSHIP & DESCRIPTION 5
II PROJECT DEVELOPMENT 7
III TRACT R:
RESIDENTIAL DEVELOPMENT REGULATIONS 15
VI AMENITY AREA TRACT:
DEVELOPMENT REGULATIONS 20
V DEVELOPMENT COMMITMENTS 22
LIST OF EXHIBITS / A TT ACHMENTS
EXHIBIT B
PUD Master Plan
EXHIBIT C
Location Map
Page 2 of 26
A('~A ITEM
No./{ &) :J,.
NOV 0 9 1999
Pg. ~J-
STATEMENT OF COMPLIANCE
The development of approximately 48.87 acres of property in Collier County, as a Planned Unit
Development to be known as Banyan Woods will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Comprehensive Plan. The residential facilities of Banyan
Woods will be consistent with applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
1. The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as described in Objective 2 of the
Future Land Use Element.
2. 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.
3. Improvements are planned to be in compliance with applicable sections of the Collier County
Land Development Code as set forth in Objective 3 of the Future Land Use Element.
4. The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.I.H and 3.I.L of the Future Land Use Element.
5. The subject property is within the Urban Residential Mixed Use District and the Residential
Density Band around the Pine Ridge Road - Airport-Pulling Road Activity Center, on the
Future Land Use Map. The proposed development also has direct access to two (2) arterial
roads and is located outside of the Traffic Congestion Area and therefore is eligible for I
additional dwelling unit per acre. The proposed density for the project is 7.67 units per acre
in compliance with the Future Land Use Element of the Growth Management Plan based on
the following relationships to required criteria:
Base Density
Activity Center Density Band
Roadway Access
Maximum Permitted Density
4 dwelling units per acre
+ 3 dwelling units per acre
+ 1 dwellin~ unit per acre
8 dwelling units per acre
In summary, the subject property has an area of 48.87:f: acres; therefore, the maximwn number
of units this development is eligible for is 391 units and the proposed development is for a
maximwn of375 units. The project site will have a maximwn density of7.67 units per acre.
This density is deemed consistent with the density provided for by the County's Growth
Management Plan.
ACREAGE
UNITS PROPOSED (PER ACRE)
YIELD (MAXIMUM)
48.87 Acres
7.67 :f:
375
AG~.ill~~
No..k(~~~
NOV 0 9 1999
Pg. /j.5
Page 3 of 26
6. All tinallocal development orders for this project are subject to Division 3.15, Adequate
Public Facilities, of the Collier County Land Development Code.
7. The project will be served by a complete range of services and utilities as approved by the
County .
8. Banyan Woods PUD implements Policy 5.6 of the Future Land Use Element in that a
minimum of sixty (60) percent of the project will be open space.
8. 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.
-
A6ENOA/i-'EM
Nd.44JcP-
NOV 0 9 199!
Pg. -#
Page 4 of 26
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of Banyan Woods PUD.
1.2 LEGAL DESCRIPTION
The subject property being:
THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA:
A PARCEL OF LAND LYING WITHIN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE PLAT OF CARILLON (PLAT BOOK 21 , PAGE
59-61);
THENCE N 88050'18" E, ALONG SAID PLAT A DISTANCE OF 710.00 FEET;
THENCE N 01000'37" W, ALONG SAID PLAT A DISTANCE OF 373.80 FEET;
THENCE S 89052'59" E, ALONG SAID PLAT AND THE EXTENSION THEREOF A DISTANCE OF
571.37 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF KENSINGTON PARK PHASE
ONE (PLAT BOOK 21 , PAGE 62-67);
THENCE S 01000'37" E, ALONG SAID WESTERLY LINE AND THE EXTENSION THEREOF A
DISTANCE OF 1879.22 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
TIMBER WOOD (UN-PLA TIED);
THENCE N 89031'09" W, ALONG SAID NORTHERLY LINE A DISTANCE OF 1277.77 FEET TO AN
INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD;
THENCE N 01009'42" W, ALONG SAID EASTERLY LINE A DISTANCE OF 1481.54 FEET, TO THE
POINT OF BEGINNING.
CONTAINING 48.866 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership or control of Marian H. Gerace,
Trustee, hereinafter called "applicant or developer".
""-"'-~
ACfi\0"lTW..
NO.$( &').J-
Page 5 of 26 f";~),/ 0 9 1999
l Pg. /Is
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The 48.87 acre project site is located within Section 13, Township 49S, Range 25 E,
Collier County. The parcel is approximately 48.87 acres in size and is located east of
Airport-Pulling Road and approximately one half mile south of Pine Ridge Road. The
Airport Road Canal, with a right-of-way width of 100 feet, is located between the
Airport-Pulling Road right-of-way and the subject property. The site is also directly
north of the Timberwood residential community and is west of and abuts the World
Tennis Center and Kensington residential communities. The primary development
objective is a maximum of 375 residential dwellings within a unified residential
community. Maximum gross project density is 7.67 units per acre.
B. The zoning classification of the subject property prior to the date of this approved PUD
Document was "A" - Rural Agriculture.
1.5 PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 9.6' to 11.1' above mean sea level.
The property has been used for row crop agricultural uses now or in the immediate past. The
site's two prominent contextual features are that it abuts the Airport Road Canal and abuts the
Carillon Plaza Shopping Center. Natural drainage is to the southwest to the Airport Road
Canal. Water management plans for the project are to utilize lake detention areas.
The site has the following designation relative to flood -FEMA Flood Area Zone X, Firm Map
Panel 385 of 1125 Community Panel No. 1200670385 D; Map Revised June 3, 1986.
1.6 PROJECT DESCRIPTION
Banyan Woods PUD is a 'planned development of residential acreage which shall support
development consisting of residential dwellings and associated recreational amenities. Each
residential unit will be served with centrally provided potable water, sanitary sewer and
electric power. Additional services will be provided as appropriate. Up to 12 acres of the
project may be developed as an adult living facility and/or nursing home. The residential
acreage units allocated to each acre developed for adult living facilities and/or nursing homes
shall be subtracted from the overall units permitted within the PUD. Entrance to the
development will be provided from Airport Road at the existing traffic light fronting the
parcel. The project's initial construction access and potential secondary community access
shall be via an ingress / egress easement which provides direct access to Pine Ridge Road.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Banyan Woods Planned Unit Development
Ordinance. "
Page 6 of 26
AGrJ\~,io. IlL'"'
No./~ dJ ,J-
NOV 0 9 1~:9
Pg. #b
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of Banyan Woods 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 (to the
extent it is not inconsistent with the PUD Ordinance) in effect at the time of issuance
of any development order to which said regulations relate which authorizes the
construction of improvements. 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.
B. 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.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Banyan Woods shall become part of the regulations which govern
the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD document or associated exhibits,
the applicable provisions of other sections of the Land Development Code remain in
full force and effect with respect to the development of the land which comprises this
PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public Facilities
at the earliest or next to occur of either Site Development Plan approval, final plat
approval, or building permit issuance applicable to this development.
Page 7 of 26
I .:~~
I ~J'J 0 9 1999
I
Pg.
(1
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including the use of land for the acreage noted, is illustrated
graphically by Exhibit "B", PUD Master Plan.
TABLE I: BANYAN WOODS ESTIMATED LAND USE SUMMARY
TRACT LAND USE APPROXIMATE ACREAGE
Rl RESIDENTIAL 11.0
R2 RESIDENTIAL 11.0
R3 RESIDENTIAL 6.5
R4 RESIDENTIAL 10.0
R5 RESIDENTIAL 9.0
AMENITY /ENTRY CANAL FEATURE
AND RECREATIONAL 1.37
48.87
Note A. The Maximum Number of Residential Units Within the PUD:
375 Units, Approximately 7.67+/- Units Per Acre.
Note B. The Number of Units And Intensity of Units per Acre Within Specific Residential Tracts
May Be Varied Provided The Number Within The Entire PUD Does Not Exceed 375 Units.
Note C. Location, Size and Number of Tracts Is Conceptual and May Be Amended with the
Preliminary Subdivision Plat (PSP) Application or Site Development Plan (SDP)
Application.
B. The Land Use Table above, a copy of which is shown on the PUD Master Plan
(Exhibit "B") 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. The Master Development Plan is an illustrative preliminary development plan.
Design criteria and layout that is illustrated 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.
C. 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.
,-
"'1" - ~.
AG0-;D'; ITU-A
No~~:r
NOY 0 9 1999
Pg. lit
Page 8 of 26
D. In addition to the various areas and specific items shown in Exhibit "B", such
easements and rights-of-way shall be established within the project site as may be
necessary or desirable for the service, function, or convenience of the project.
2.4 DESCRIPTION OF PROJECT DENSITY
No more than 375 residential dwelling units shall be constructed in the 48.87 +/- acre project
area. If all dwelling units are constructed, gross density will be 7.67 units per acre. Up to
12 acres of the project may be developed for an adult living facility and/or nursing home at
an intensity not to exceed a FAR (Floor Area Ratio) of 0.45. The residential acreage units
allocated to each acre developed for adult living facilities and/or nursing homes shall be
subtracted from the overall units permitted with the PUD.
2.5 DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property should occur by January
2004.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
2.7 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
C.
D.
A.
Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to ensure compliance with the PUD
Master Plan, and as applicable, the Collier County Subdivision Code and the platting
laws of the State of Florida.
B.
Exhibit "B", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if
applicable, shall be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development of the land shall be in compliance with
Division 3.2 of the Collier County Land Development Code, and the platting laws
of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual mainten
Page 9 of 26
, '-AIT;:M
No.tI(/J)~
NOV 0 9 1999
Pg. #1
common facilities.
E. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with requirements of Division 3.2 of the Collier County Land Development Code
prior to the submittal of construction plans and a final plat for any portion of the tract
or parcel.
F. All conditions imposed and all graphic material presented depicting restrictions for
the development of Banyan Woods shall become part of the regulations which govern
the manner in which the PUD site may be developed.
2.8 MODEL HOMES AND SALES CENTERS
Model homes, sale centers and other uses and structures related to the promotion and sale of
real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas,
tents, and signs, shall be permitted principal uses throughout Banyan Woods subject to the
requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land
Development Code.
Model homes/model centers including sales center shall be permitted in conjunction with the
promotion of the development subject to the following:
A. Single Family Models may be constructed after administrative approval ofa plat and
construction plans prior to recording of a plat.
B. Models may be permitted as "dry models" and must obtain a conditional certificate
of occupancy for model purposes only. Models may not be an occupied unit until a
permanent certificate of occupancy is issued.
C. 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 dry
models pursuant to this Section.
D. Temporary access and utility easements may be provided in lieu of dedicated rights-
of-way for temporary service to model homes.
E. In addition to the use of model homes as sales offices or centers, a sales office or
center may be maintained on-site for the sales, marketing and administration of
recreation club memberships.
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2.9 LANDSCAPE BUFFERS. BERMS. FENCES. WALLS AND GA TEHOUSES
Landscape buffers, berms, fences, walls and gatehouses are generally permitted as a
principal use throughout the Banyan Woods PUD. Along the PUD boundaries, the landscape
buffers, berms, fences and walls that may be installed shall have equal treatment and
maintenance of the interior and exterior of said landscape buffers, berms, fences and walls.
The following standards shall apply:
A. Berms shall have the following maximum side slopes:
1. Grassed berms over two feet in height - 4: 1
2. Landscaped berms - 3: 1
3. Rip-Rap berms - 1: 1
4. Structural walled berms may be vertical
5. Required buffer planting area - 4:1
B. Height of Landscaped Berms and Depth of Swales:
A 4: 1 slope shall be required for berms and swales, except under the following
circumstances:
1. The maximum height of the berm is four feet, as measured from existing grade,
if a 3: 1 slope is utilized and the berm is landscaped. The maximum depth of
a swale may be four feet, as measured from existing grade, if a 3: 1 landscaped
slope is utilized.
2. A 3:1 slope is also permitted if the height of the slope is two feet in height or
less or if the open channel is two feet in height or less.
C. Fence or wall setbacks:
Fences, walls and similar structures shall have a minimum of a 5 foot setback from
development boundaries where adjacent to public right-of-way and a 2 foot setback
from all other land uses.
D. Pedestrian sidewalks, bike paths, water management facilities and structures may be
incorporated into the required landscape buffer areas, consistent with Section 2.4.7.3.4
of the Land Development Code.
E. Gatehouses and access control structures shall have no required setback from edge of
pavement or back of curb.
2.10 STREETS
Platted project streets shall be private and owned by a Homeowners' Association and shall be
classified as local streets. Ac;8'Of. \1~
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Page 11 of 26
2.11 LAKE.SETBACK AND EXCAVATION
A. The lake setback requirements described in Section 3.5.7.1 of the Collier County Land
Development Code may be reduced with the administrative approval of the Collier
County Development Services Director. Lakes may be excavated to a maximum depth
of twenty (20) feet. Removal offill from Banyan Woods shall be limited to an amount
up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated
unless a commercial excavation permit is received.
B. All setbacks shall be measured from the location of the contour of the control
elevation of the lake. The required setback to any right-of-way, roadway or access
easement may be twenty-five (25) feet if supported by design calculations submitted
at the time of development plan review. The required setback to any extended
property lines may be twenty-five (25) feet if the property line is properly fenced.
The required setback to any property line or tract line internal to the Banyan Woods
development shall be zero feet, except that a 20' lake maintenance easement must be
created and maintained.
C. As a courtesy, representatives of the neighboring homeowner associations of the
communities of Kensington, World Tennis Center, Timberwood and Naples Bath and
Tennis shall be provided with 48 hours prior notice of the proposed commencement
of any excavation which shall be undertaken with the use of explosive charges.
2.12 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Banyan Woods PUD.
Fill material generated may be stockpiled within areas designated for residential development
upon issuance of a Clearing and Filling Permit. Prior to stockpiling in these locations, a
Letter of Notification along with the plans showing the locations and cross-sections shall be
submitted to Collier County Engineering Services for review and approval. The following
standards shall apply:
A. Stockpile maximum side slopes: 3: 1
B. Stockpile maximum height: Thirty-five (35) feet
C. Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level, except as may otherwise be approved by Collier County
Engineering Services pursuant to a submitted grading and filling plan.
D. Soil and erosion control shall be provided in accordance with the Collier County
Land Development Code, Division 3.7.
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. NGV 0 9 1929
Pg. 5;J..
2.13 ACCESS
The project's principal access will be a full access onto Airport Road at the existing traffic
signal; however, the project will attempt to interconnect to the residential project to the north
(Carillon PUD) so as to share a traffic control signal on Pine Ridge Road.
The developer shall provide a secondary project access to Pine Ridge Road over the ingress-
egress easement shown on the PUD Master Plan prior to the issuance of the certificate of
occupancy for the development's 294th unit. This secondary access shall not be utilized for
a secondary community access prior to the issuance of the certificate of occupancy for the
development's 294th unit. The ingress-egress easement may be utilized for a construction
access. Construction access over this ingress-egress easement shall be limited to the period
of time required for the construction of the development's horizontal infrastructure (lakes,
water management features, landscaped perimeter berms, utilities, roads and circulation
driveways) as approved by the project's subdivision construction plans or Site Development
Plan approval.
Additionally, the project shall provide an interconnect to the adjacent shopping center for the
convenience of its residents.
2.14 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.
2.15 EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
2.16 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces,
street trees and water management facilities shall be the responsibility of the Developer, its
successors or assigns. The Developer, its successors or assigns, shall retain copies of the
project's master plans for common facilities and their associated maintenance programs /
requirements. --=-:_
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2.17 OPEN SPACE REQUIREMENTC"
A combination of the lakes, landscape buffers and other open space shall meet the sixty (60)
percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC.
Open space shall include all pervious green space within development parcels and lots.
2.18 AGRICULTURAL ACTIVITIES
The site has been used and is currently utilized for agricultural purposes. Agricultural
activities, as defined in the Land Development Code, shall continue to be a permitted use
until such time as residential development has commenced.
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Pg. 5'1
SECTION HI
TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated as Tract "R1" through Tract "R5" on the PUD Master Plan, Exhibit "B" .
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units that may be constructed within this 48.87 acre
project is 375. Up to 12 acres of the project may be developed for adult living facilities
and/or nursing homes. Adult living facilities and/or nursing homes shall be limited to a
maximum FAR (Floor Area Ratio) of 0.45. For every acre converted from a permitted
residential use to a conditional use, 7.67 units shall be subtracted from the maximum number
of permitted dwelling units.
3.3 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.
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:
3. Residential dwellings, including single family, attached and detached, duplex
and two family dwellings, townhouses, zero lot line and multi-family
dwellings, including garden apartments.
4. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Conditional Uses: Shall be limited to the general location ofPUD Tracts R-4 and R-
5.
1. Adult living facilities and nursing homes.
2. Churches and other places of worship.
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C. Accessory Uses:
(1) Uses and structures that are accessory and incidental to uses permitted as of
right, including private garages.
(2) Essential services, including interim and permanent utility and maintenance
facilities.
(3) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
3.4 DEVELOPMENT STANDARDS
A. Banyan Woods PUD will feature an integrated and compatible architectural building
style or theme, which will be incorporated into all residential structures. Buildings
will feature unifying and complementary design elements such as roof treatments,
building materials and building colors. To reduce mass, architectural design
treatments such as articulated roof lines, balconies, building offsets, and unified
landscaping will be provided. The individual buildings may vary in size and
configuration.
B. Table I sets forth the development standards for land uses within the "R" Residential
District within the Banyan Woods PUD. Front yard setbacks in Table I shall be
measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement. If the parcel is served by a
platted private drive, 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 the vehicular pavement which
provides access to a designated parking space.
--
Page 16 of 26
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Development tan ar s or eSI entIa eas eSIgna e as rac S on e as er an..
Single Zero Lot Two Family & Single Family Multi-family
Family Line Duplex Attached and
Detached Townhouse
Minimum Lot Area (Sq.Ft.) 5,000 3,500 3,500 (per unit) 1,800 (per 43,560
unit)
Minimum Lot Width 50 50 100 30 100
Front Yard Setback 20 20 20 20 20
Front Yard for Side Entry Garage 20 15 15 15 15
Rear Yard Setback 20 20 20 20 20
(Principal)
Rear Yard Setback 10 10 10 10 10
(Accessory)
Side Yard Setback (Principal and 5 - 1 story, o or 5 5 - 1 story, OorS 10
Accessory) 7.5 if> 1 7.5 if>1 story
story
Maximum Height (Principal and 35 35 35 35 40
Accessory)* *
Min. Floor Area 1,200 1,000 1,000 LOOO 1 br - 700 sq. ft.
2 br - 900 sq. ft.
3 br - 1100 sq. ft.
Min. Distance Between Principal 10 or 10 or 10 or 10 or 10 or
Structures 'is SBH, 'h SBH, Y, SBH, 'is SBH, 'is SBH, whichever
whichever is whichever whichever is whichever is is greater
greater is greater greater greater
s
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TABLE II
IAr d td
"R" T t
th PUD M t PI
BH:
SBH:
Building Height
Sum of Building Heights - Combined height of two adjacent buildings for the purpose of determining setback
requirements.
Greater Than
See Section 3.5 of the PUD document
>
**
NOTES:
1.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building permit.
For all zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer
Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed.
All distances are in feet unless otherwise noted.
Zero feet (0') or a minimum offive feet (5') on either side except that where the zero foot (0') yard option is utilized, the
opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on either side of a structure
provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10'
yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner.
Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the
Building Dept. with the application for the first building permit. This plan will be used to determine the 10 foot spacing
requirement between structures.
Site width may be reduced on cul-de-sac lots provided a minimum cord length of 24 feet is provided and the average
width of the lot is equal to or greater than the minimum standard.
Rear Yard Setback for waterfront lots may be reduced to zero (0') feet where no lake maintenance is required.
2.
3.
4.
5.
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3.5 MAXIMUM HEIGHT
The maximum number of stories permitted shall be two (2) habitable floors no greater than
thirty-five (35) feet within 150 feet of the existing residential communities which are located
south and east of the site. The maximum building height shall be 3 stories no greater than
forty (40) feet throughout the remainder of the development.
3.6 OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Land Development Code in effect at the time of building
permit application.
3.7 LANDSCAPING AND BUFFERING REQUIREMENTS
North, East and South PUD Boundaries: 15 foot minimum width Type B buffer enhanced
by a 6 foot high black or green vinyl coated chain link fence where a security fence has not
been provided by the adjacent development. The fence shall be woven between shrubs to
screen the fence from view at hedge maturity. The buffer shall be constructed on a berm
having a minimum height of2 feet above the water management control elevation. Required
shade trees shall have a minimum height at installation of 16 feet. At installation, hedge
plants shall have a height of 5 feet, a spread of 3 feet and a maximum spacing between
shrubs of 4 feet on center. The hedge shall be achieve a minimum height of 6 feet and 80
percent opacity within one year of installation or the developer shall install additional hedge
plants to achieve 80 percent opacity.
The above landscape buffer shall also be provided west of and along the common property
line of the ingress - egress easement adjacent to Kensington Park PUD concurrent with its
use as a construction access or secondary community access. The irrigation system for this
buffer segment shall be designed to minimize the dust from any non-paved construction
driveway.
All existing vegetation within the required 15 foot buffer abutting Kensington Park PUD
shall be removed unless compatible with the buffer installation hedge and trees.
Furthermore, the developer shall cooperate with owners of Kensington Park PUD to establish
and maintain a unified design of the combined landscaped buffer separating the two
communities.
A 20 foot wide Type D buffer shall be provided adjacent to the Airport Road Canal, except
the minimum height of shade trees shall be 16 feet at installation and the buffer shall be
constructed on a berm having a minimum height of 2 feet above the water management
control elevation. Additionally, the developer will seek approval from the Big Cypress Basin
Board to install street trees along Airport Road.
Street trees shall be provided on both sides of all internal roads or access ways. A street tree
master plan shall be included with the application for a Preliminary Subdivision Plat (PSP)
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Page 18 of 26
or Site Development Plan (SDP) as may be appropriate. Installation of individual trees shall
be prior to or concurrent with the development of the adjacent dwelling unit or structure in
proximity to the roadway or access way. Shade trees in proximity to sidewalks or other
paved areas shall be installed with a deep root barrier system. Street trees shall be placed at
the more restrictive of one per lot or one per 50 linear feet. A minimum of 50 percent of the
trees shall be canopy trees with a height of 16 feet at installation. Palms shall have a
minimum height of 18 feet at installation. Trees must be located no more than 10 feet from
the edge of pavement to be classified as street trees and shall be installed between the edge
of pavement and sidewalk when viable. Once installed, should a street tree be displaced or
die, they shall be replaced within 12 months. Replacement trees shall minimally meet the
original specification requirements, including consistency with the master street tree plan.
This tree requirement is in addition to any other Collier County Land Development Code
landscape requirements and shall not be required to meet native species requirements of the
Collier County Land Development Code.
3.8 ARCHITECTURAL STANDARDS
All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically
unified. Flat roofs as a primary roof element for buildings and accessory structures are
prohibited and roof slopes shall have a minimum pitch of 4: 1. All pole lighting, internal to
the project, shall be architecturally designed and limited to a height of20 feet.
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Page 19 of 26
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L-
SECTION IV
AMENITY AREA TRACT DEVELOPMENT REGULATIONS
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated "AMENITY AREA" on the PUD Master Plan, Exhibit "B" .
4.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Community and recreational uses and facilities such as swimming pools,
tennis courts, children's playground areas, clubhouse 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
the use of such facilities.
2. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Accessory Uses:
(1) Uses and structures that are accessory and incidental to uses permitted as of
right.
(2) Essential services, including interim and permanent utility and maintenance
facilities.
(3) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
4.3 DEVELOPMENT STANDARDS
A. Front yard setbacks shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement. If the parcel is ser~3:i-=~:riJ";
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. Page 20 of 26
t~~) 0 9 1999
Pi. ~O
platted private drive, the setback is measured from the road easement or
property line.
B. Setbacks
1. Front Yard:
2. Side Yard:
3. Rear Yard:
C. Maximum Height:
D. Minimum Lot Width:
E. Minimum Lot Depth:
F. Minimum Lot Area:
G. Minimum Distance
Between Structures:
25 feet
25 feet
25 feet
Two (2) stories (not to exceed 35 feet).
75 feet
75 feet
6,000 feet
10 feet
Page 21 of 26
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61
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development
of the project.
5.2 GENERAL
All facilities shall be constructed in accordance with 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, its successors and assigns, shall be responsible for
the commitments outlined in this document.
The developer, its successor or assignee, agree to follow the Master Plan and the regulations
of the PUD as adopted, and any other conditions or modifications as may be agreed to in the
rezoning of the property. In addition, any successor or assignee in title is bound by the
commitments within this agreement.
5.3 PUD MASTER PLAN
A. Exhibit "B", PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not be
construed to be final and may be varied" at any subsequent approval phase such as at
final platting or site development plan application, subject to the provisions of the
Land Development Code and amendments as may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to ensure
the continued operation and maintenance of all service utilities and all common areas
in the project.
5.4 MONITORING REPORT AND SUNSET PROVISIONS
A. TheBanyan Woods pun shall be subject to the Time Limits of Section 2.7.3.4 of the
Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
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5.5 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION
PRACTICEIREGULA TIONS
The Site Development Plan Division of the Collier County Land Development Code shall
apply to Banyan Woods PUD, except for exemptions set forth herein or otherwise granted
pursuant to Collier County Land Development Code Section 3.3.3.
5.6 SUBSTITUTIONS AND EXCEPTIONS 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 are waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their
standard right-of-way width shall be fifty (50) feet..
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 shall be 1,800 feet unless extended upon review and
approval of the Fire District.
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.
F. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non-
paved areas of the right-of-way shall be waived to allow the installation of decorative
planters and alternative ground cover.
G. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities in lots be spaced
in accordance with FDOT criteria may be varied upon submittal of the necessary data
to support the variance at the time of development plan submittal.
5.7 TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
A. Arterial level lighting shall be provided at all project entrances. Installation shall be
in place prior to issuance of any certificates of occupancy.
B. The Developer shall provide a right turn lane at the existing traffic light on Airport
Road and the Developer shall bear the cost of improvements to the existing traffic
signal which shall serve the project for modification from an existing "T" intersection
to a full intersection, prior to the issuance of any certificates of occupancy.
Page 23 of 26
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C. The developer shall provide a right turn lane to the ingress / egress easement
providing access to Pine Ridge Road prior to the issuance of the certificate of
occupancy for the development's 294th unit. This access shall be limited to a right-
in, right-out.
D. Any access road extensions to the project constructed by the developer shall be to
Collier County minimum construction standards.
E. The Developer shall provide an interconnection with the adjacent Carillon PUD, as
depicted on the PUD Master Plan attached as Exhibit "B".
F. 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. The improvements described within this
Section are deemed site related and therefore are not eligible for impact fee credits.
G. 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.
H. Gatehouse facilities, if any, shall be designed and located so as not to cause vehicles
to be backed up onto any public roadway. Safety access to emergency vehicles shall
be provided.
1. All roadways internal to the PUD shall be privately owned and maintained.
5.8 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
5.9 SIGNAGE
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval with the following exceptions:
A. Project Identification Signs - Two ground, wall or gate project signs may be located
at each project entrance to the development and one additional project identification
sign may be located on Airport Road, all subject to the following requirements:
1.
Such signs shall contain only the name of the development, the insignia, or
motto of the development, and shall not contain promotional or sales
material.
.-
2. Project identification signs shall not exceed sixty (60) square feet, excluding
AGEN:I~ 1T';"-.4
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Page 24 of 26
-1. .it
mounting surfaces or structures. Where signage is affixed or is in an integral
part of a wall or fence, the face of the sign may protrude above the upper edge
of the Wall or fence, but remains subject to height restrictions.
3. No project identification signs shall exceed the height often (10) feet above
the finished grade level of the nearest street.
4. Project identification signs may be lighted, provided all lights are shielded in
a manner which prevents direct glare on adjacent roadways, or into adjacent
residences.
5.10 ARCHAEOLOGICAL RESOURCES
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.
5.11 ENVIRONMENTAL
A. 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 approval.
B. An appropriate portion of native vegetation shall be retained on site as required in
section 3.9.5.5.4 of the Collier County Land Development Code.
5.12 WATER MANAGEMENT I ENGINEERING
A. A copy of the approved South Florida Water Management District (SFWMD)
Surface Water Permit shall be submitted prior to any Site Development Plan
approval.
B. Prior to Construction Plan approval, a South Florida Water Management District
(SFWMD) Right-of-Way and discharge permit shall be submitted.
5.13 UTILITIES
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates. ~"'':ZATTL.:J" .-
~.h( L5' J/l- .
Page 25 of 26 '~::'J 0 9 1999
t_ Pi. bS
C. Temporary construction and lor sales trailers may use septic tanks or holding tanks
for waste disposal, subject to ,permitting under Rule 10D-6 of the Florida
Administrative Code, and may use potable or irrigation wells.
D. The on-site distribution system serving the project must be connected to the Collier
County Water-Sewer District's water main available and adjacent to the project
boundaries. Said system shall be consistent with the main sizing and any other
requirements specified in the project's Utility Master Plan and extended throughout
the project. During design of these facilities, dead-end mains shall be minimized by
looping the internal pipeline network, where feasible.
5.14 POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30 of the Land Development Code.
-.
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AGt:.i\';;,\ IT...1...\
No. /-f~)c:L
NOV 0 9 1SS9
PI. ~ ,
Page 26 of 26
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NOTES:
1. SEE BANYAN WOODS PUD DOCUMENT FOR RESIDENTIAL
DEVELOPMENT STANDARDS.
2. LISTED LANDSCAPE BUFFERS SHALL BE ENHANCED AS PROVIDED FOR
WITHIN BANYAN WOODS PUD DOCUMENT.
3. BUILDING HEIGHTS LIMITED TO 2 STORIES AND 35 FEET WITHIN ISO
FEET OF TIMBERWOOD, WORLD TENNIS CENTER AND KENSINGTON
PUDS.
LAND USE TABLE
TRACT LAND USE APPROXIMATE ACREAGE
RI RESIDENTIAL 11.0
R2 RESIDENTIAL 11.0
R3 RESIDENTIAL 6.5
R4 RESIDENTIAL 10.0
R5 RESIDENTIAL 9.0
AMENITYIENTRY CANAL FEATURE
AND RECREATIONAL 1.37
48.87
Note A. The Maximum Number of Residential Units Within the PUD:
375 Units, Approximately 7.67 +/- Units Per Acre.
Note B. The Number of Units And Intensity of Units per Acre Within Specific
Residential Tracts May Be Varied Provided The Number Within The Entire
PUD Does Not Exceed 375 Units.
Note C. Location, Size and Number of Tracts Is Conceptual and May Be Amended
with the Preliminary Subdivision Plat (PSP) Application or Site Development
Plan. (SDP) Application.
A~A n..J..1
No. ,/..{'.~~
NOV 0 9 1:29
Pi. 10 "
BANYAN WOODS PUD
EXHIBIT "B"
NOTES AND
LAND USE TABLE
NAPL S-IMMOKALEE ROAD (C.R. 846)
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No.~ 4)~
o 9 1S29
Pi. 10 q
EXECUTIVE SUMMARY
CU-99-08, EMILIO J. ROBAU, PE, OF RWA, INC., REPRESENTING JASSY REAL
ESTATE INVESTMENTS, INC., REQUESTING CONDITIONAL USE "17" OF THE "A"
ZONING DISTRICT FOR A GOLF COURSE, IN SECTION 24, TOWNSHIP 50 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 313.56+/-
ACRES.
OBJECTIVE:
The Petitioner requests Conditional Use approval. per Section 2.2.2.3 of the Collier
County Land Development Code, for a golf course and clubhouse.
CONSIDERATIONS:
The applicant requests a Conditional Use in order to build an 18-hole golf course and a
~ 10,000 square foot clubhouse on the 313.6:t: acre site. The golf course will be
constructed to include a clubhouse site, maintenance area and driving range (136.7
acres). The remaining 176.9 acres will be preserve areas.
The surrounding area consists of agricultural and low-density residential uses.
FISCAL IMPACT:
At build-out, based on authorized uses and planned intensity of development, the
following revenue to the County is anticipated:
Impact Fees:
Roads - Golf Course: 136.7 acres X $1,066/acre = $145,722
GROWTH MANAGEMENT IMPACT:
A limited selection of land uses other than low density residential and agricultural may
be permitted as Conditional Uses within the Rural Agricultural designation. Among
those are recreational uses. Therefore, if the Board of Zoning Appeals approves a
Conditional Use for a golf course, the petition shall be consistent with the Future Land
- Use Element of the Growth Management Plan.
AGENOA ITEM
No.~
NOV 0 9 1999
PI. /
The completed application for Sabal Palm Golf Course was received prior to June 22,
1999. It is therefore considered an "existing use" and consistent with the Administration
Commission's Final Order.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located within an Area of
Historical and Archaeological Probability as referenced on the official Collier County
Probability Map. Therefore, a Waiver of Historic and Archaeological Survey &
Assessment was submitted and approved
EAC RECOMMENDATION:
The Environmental Advisory Council heard CU-99-08 at its October 13, 1999 meeting.
Among the speakers was a representative of the Florida Wildlife Federation, who spoke
in opposition to the petition. She based her opposition primarily on the area being within
the acquisition area of the CARL project and that these lands are not compatible with
golf course use; that the area is documented panther habitat; and that the project's
access is from Sabal Palm Road, which was investigated by the South Florida Water
Management District for alleged filling violations. By a vote of 6 to 3, the EAC
recommended denial of CU-99-08.
PLANNING COMMISSION RECOMMENDATION:
This petition was heard at the October 21, 1999 meeting of the Collier County Planning
Commission. A representative of the Florida Wildlife Federation again spoke in
opposition to the project. Based on the compatibility of the golf course with the
surrounding land uses, the Planning Commission unanimously voted to recommend
approval of CU-99-08 to the Board of Zoning Appeals.
AGENO~ ITEM
No.~)J
NOV 0 9 1999
p,. ~
PREPARED BY:
'~
/o.~/ 95
DATE
It). d. \. q "_
DATE
~ --
ROBERT J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
/p ,,~('---f,
DATE
APrz;Y~_ d~ /~i'bi
VINCENT A. CAUTERO, AICP DA' E .
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summary/CU-99-08
AGENDA ITEM
No. n(1;) I
NOV 0 9 1999
pt. -$
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: SEPTEMBER 20, 1999
SUBJECT: CU-99-08
PROPERTY OWNER/AGENT:
OWNERS: Elio Fornatto
Sleeth
Richard Mitchell
Correct Tool, Inc.
CONTRACT PURCHASER:
Jassy Real Estate Investments, Inc.
895 Turtle Court
Naples, FL 34108
AGENTS:
Richard D. Yovanivich
Goodlette Coleman & Johnson, PA
4001 Tamiami Trail North; Suite 300
Naples, FL 34103
Emilio J. Robau, PE
RWA Inc.
3050 North Horseshoe Drive; Suite 270
Naples, FL 34104
.
AGENOA ITEM
~~
NOV 0 9 1999
PI. /,t
REQUESTED ACTION:
The Petitioner requests Conditional Use approval, per Section 2.2.2.3 of the Collier
County Land Development Code, for a golf course and clubhouse.
LOCATION:
The subject parcel is located north of Sabal Palm Road, two miles east of its intersection
with CR 951, in Section 24, Township 50 South, Range 26 East and in Section 19,
Township 50 South, Range 27 East. The site consists of approximately 313.6 acres.
DESCRIPTION OF PROJECT:
The applicant requests a Conditional Use in order to build an 18-hole golf course and a
10,000 square foot clubhouse on the 313.6:t acre site. The golf course will be
constructed to include a clubhouse site, maintenance area and driving range (136.7
acres). The remaining 176.9 acres will be preserve areas. The petitioner has not, at
this time, determined whether the club will be public or private or whether any restaurant
will be open to the public. Adequate space is available for required parking regardless
of the option chosen.
SURROUNDING LAND USE & ZONING:
SUBJECT:
Primarily undeveloped with some agricultural
activity; zoned A
SURROUNDING:
North:
East
South:
Primarily undeveloped land; zoned A
Primarily undeveloped land; zoned A
Sabal Palm Road ROW, across which are citrus
groves and undeveloped land; zoned A
Primarily undeveloped land; zoned A
West
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject parcel is designated as Agricultural/Rural on the Future Land Use map of
the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those
areas that are remote from the existing development pattern, lack public facilities and
services, are environmentally sensitive or are in agricultural production. Urbanization is
not promoted, therefore allowable land uses are of low intensity. A limited selection of
land uses other than low density residential and agricultural are permitted. Among
those are recreational uses. Therefore, if the Board of Zoning Appeals approves a
Conditional Use for a golf course, the petition shall be consistent with the Future Land
Use Element of the Growth Management Plan.
.-
2
AGEN>A IttM
No. 11 X"IJ) I
NOV 0 9 1999
.,.f
PI.
The completed application for Sabal Palm Golf Course was received prior to June 22,
1999. It is therefore considered an "existing use" and consistent with the Administration
Commission's Final Order.
HISTORIC/ARCHAEOLOGIGICAL IMPACT:
Staff analysis indicates that the petitioner's property in 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 required.
TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION:
The proposed golf course's impact on transportation, infrastructure, and the
environment was reviewed by the applicable reviewing agencies and their comments
have been incorporated into this Staff Report.
STAFF ANALYSIS:
Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the
Planning Commission shall make a finding that the granting of the Conditional Use will
not adversely affect the public interest and that the specific requirements governing the
individual Conditional Use, if any, have been met by the Petitioner and that satisfactory
provision and arrangement have been made concerning the following matters, where
applicable:
1. Consistency with the Land Development Code and the Growth Management
Plan.
Since golf courses are recognized as recreational uses of land in Agricultural/Rural
designated areas, this Conditional Use request has been determined to be
consistent with the Future Land Use Element of the Growth Management Plan. The
completed application for Sabal Palm Golf Course was received before June 22,
1999. It is therefore considered an "existing use" and consistent with the
Administration Commission's Final Order.
Consistency with the Land Development Code will be determined at the time of Site
Development Plan review.
2. Ingress and egress to the property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
PRO: The proposed golf course shaH have access off Sabal Palm Road.
is very little pedestrian activity in this area.
3
There
AGENOA ITEM
NO. dflJL
NOV 0 9 1999
pt. 6
CON: Traffic volume on this segment of Sabal Palm Road will increase, but not
to a significant degree.
ANALYSIS: Due to the relatively low traffic volume generated by the proposed
golf course, and the fact that an existing road will be utilized, the traffic ingress and
egress to the golf course should operate adequately and with an acceptable level of
safety.
3. The effect the Conditional Use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
PRO: The effects of noise, glare, and odor are usually not associated with a
golf course, except during its construction. Golf courses tend to positively affect
property values.
CON: During construction of the golf course, surrounding properties may
experience noise normally associated with the operation of heavy equipment.
ANALYSIS: Any effects of noise, glare, or odor will be temporary. There may
be a long term economic benefit to surrounding property values.
4. Compatibility with adjacent properties and other property in the district.
PRO: The surrounding agricultural and low-density residential uses are
compatible with a golf course. At a density of one dwelling unit per five acres, the
313-acre site would have potentially supported 62 single-family homes.
CON: The subject property will no longer be available for agricultural production
or low-density residential use.
ANALYSIS: Within the Urban Designated Area, golf courses are considered
an amenity when associated with a single-family development. Therefore, it is staffs
finding that the proposed golf course is compatible with adjacent properties and
other properties in the district.
EAC RECOMMENDATION:
The Environmental Advisory Council was scheduled to hear CU-99-08 at its October 13,
1999 meeting, after the writing of this staff report. The EAC recommendation will be
presented verbally at the ccpe meeting.
AGENDA ITEM
No.4U
NOV 0 9 1999
Pa. :;'
.
4
--
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-99-08 to the Soard of Zoning Appeals subject to the conditions in the
resolution.
I CHL, SENIOR PLANNER
PLANNING
9.~.97
DATE
IEWED BY:
ONALD F. NINO, AICP
CURRENT PLANNING MANAGER
~.1.~ c,~
DATE
~ --------
F0'SER J. MULHERE. AICP
PLANNING SERVICES DIRECTOR
1 L!:.'7'i
DATE
~r~D BY:
~ i/, ~L.-... "'l/,(d ~>
VINCENT A. CAUTERO. AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
Petition CU-99-08
Scheduled for the October 21, 1999 CCPC meeting
COLLIER COUNTY PLANNING COMMISSION:
} l' / (/
/ ;:/ /'/.,I/
, . L,I '.
/Mt~(f / ,,-/)~~
. WCllAcL J. tj/"'(UET, CHAIRMAN
AGOOAITE:M
No. /~) I
NOV 0 9 1999
go
Pg.
5
PETITION NUMBER:
COMMUNITY DEVELOPMENT DIVISION
CURRENT PLANNING SECTION
CU 99-08
DATE OF APPLICATION:
IAIEC!E~~!E1D
Five APR 2 2 1999
---------------
Ron N1.no
COMMISSION DISTRICT:
PLANNER ASSIGNED:
ABOVE TO BE COMPLETED BY STAFF
APPLICATION FOR PUBLIC BEARING FOR: CONDITIONAL USE
1. General Information:
Name of Applicant(s) Jassy Real Estate Investments,
Inc.
Applicant's Mailing Address
895 Turtle Court
City Naples
State Florida Zip 34108
Applicant's Telephone No.941-592-0192
Fax No.941-566-7708
Name of Agent Richard D. Yovanivich / Emilio J.
Robau, P.E.
Firm Goodlette Coleman & Johnson / RWA Inc.
Agent's Mailing Address: Northern Trust Bank Building
4001 Tamiami Trail North Suite 300 / 3050 North
Horseshoe Drive Suite 270
City ~21es I Naples
State Florida / Flor'
AGENDA ItEM
No. /~) I
NOV 0 9 1999
Pl. 9
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional Us
Application Sabal Palm Golf Course. doc
APPLICATXC>>f FOR PUBLIC HBARDfG FOR cc.mX'.l'l:OIQL usa
1
Zip 34103 / 34104
Agent's Telephone No. 941-435-3535 / 941-649-1509
Fax No. 941-435-1218 / 941-649-7056
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an
INDIVIDUAL tenancy by the entirety, tenancy in
common, or j oint tendency, list all parties with
an ownership interest as well as the percentage
of such interest. (Use additional sheets if
necessary) .
Name and Address
Percent of Ownership
Elio Fornatto
Sleeth 188 Napa Ridge Rd E.
Richard Mitchell
Correct Tool Inc.
56.6%
21.0%
15.1%
7.3%
b. If the property is owned by a CORPORATION, list
the officers and stockholders and the percentage
of stock owned by each.
Name, Address, and Office
Percent of Stock
,---
If the property is in the name of a TRUSTEE, list
the beneficiaries of the trust wit the
percentage of interest. AGENOAITEM-
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Condition 1 us~~
Application Sabal Palm Golf Course. doc NOV 0 9 1999
APPLICA'nOlf I'OIl I'OBLIC DARING I'OR CCH:lI'nCtGL va
PI. /tJ
2
c.
Name and Address
Percent of Interest
d.
If the property is in the name of a
LIMITED PARTNERSHIP, list the
general and/or limited partners.
the
GENERAL or
names of
Name and Address
Percent of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an
individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the
contract purchasers below, including the
officers, stockholders beneficiaries, or
partners.
Name and Address
Percent of Ownership
John Jassy with assignment
potential to John Jassy
and Karen Jassy
100%
AGENDA1TEM
USE!Nc). ..4A) I
NOY 0 9 1999
Pr{. /1
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditiona
Application Sabal Palm Golf Course.doc
APPLICATIac !'OR l'UBLJ:C DARDfG POll CONDInao.x. un
3,
, ~,
.".---. -'._~'-'--'--_.-
Date of Contract:
Varies
f.
If any contingency clause or
invol ve additional parties, list
or officers, if a corporation,
trust.
contract terms
all individuals
partnership, or
Name and Address
Percent of Ownership
No other parties are
involved
g. Date subject property acquired(Oct. 27, 98, Nov.
7, 98, Nov. 10, 98, and Jan. 15, 99 )leased ( ):
Term of lease
yrs./mos.
If Petitioner has option to buy, indicate date of
option:
and date option
anticipated closing date:
January 30, 2000.
terminates:
January 25,
2000
h. Should any changes of ownership or changes in
contracts for purchase subsequent to the date of
application, but prior to the date of the final
public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
3 . Detai~ed ~eqa~ description of the property covered by
the application: (If space is inadequate, attach
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional Use
Application Sabal Palm Golf Course.doc
APPLICA'lICIf roa JUBLIC IIUoRDIQ roa CClIIDI'lIOHAL us.
4_
or
and
AGENDA ITEM
/~1~)/
NOV 0 9 1999
PI. /e:J.
separate page). If request involves change to more
than one zoning district, include separate legal
description for property involved in each district.
Applicant shall submit four (4) copies of a recent
survey (completed within the last six months, maximum
1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the
correct legal description. If questions arise
concerning the legal description, an engineer's
certification or sealed survey may be required.
Section:24
Township:50S
Range:26E
Section:19
Township:50S
Range:27E
Lot:
Plat Book N/A .Page No.: N/A
Property I.D.No.:00436920000, 00437160005,
00438360901, 00459040006
Metes & Bounds Description:
See attached Legal
Description
4. Size of property: varies ft X ft varies See attached
Legal Description
Total Approximate Sq. Ft.13,658,673.60 Acres 313.56
5. Address/qeneral location of subject property:
Two miles east of the intersection of Sabal Palm Road
and County Road 951
~GENOA 1m
No.~
NOV 0 9 1999
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional Us
Application Sabal Palm Golf Course. doc
APPLJ:CA'1'XCM POR Pm5LJ:C DAJUNG POR camJ:Tl:CMAL t1SJ:
.s
Pi. fl
6. Adjacent zoning and land use:
Zoning Land Use
N A Agricultural
S A Agricultural
E A Agricultural
W A Agricultural
Does property owner own contiguous property to the
subj ect property? If so, give complete legal
description of entire contiguous property. (If space
is inadequate, attach on separate page) .
The applicant does not own contiguous property
adjacent to this proposed development.
Section: N/A Township: N/A Range: N/A
Lot: N/A Block:
N/A Subdivision:
N/A
Plat Book Page No.: N/A Property 1.0. No.: N/A
Metes & Bounds Description:
N/A
7. Type of Conditional Ose: This application is
requesting condition use No. 17 of the
A district for (TYPE OF USE) Golf Courses
and/or Golf Driving Ranges.
Present use of the property: Agriculture
8 .
Eval.uation
describing
Criteria: Provide a narrative statement
this request for condition::>l use. N TE:AGENOAITEM
No....<( AJ I
NOV 0 9 1999
Pi. /~
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional U e
Application Sabal Palm Golf Course. doc
APPLJ:CA'1'ICM I'Oa PUBLIC DAlUlfG I'Oa COlMDI'1'IQaL tnIIl
6
Pursuant to Section 2. 7 . 4 of the Collier County Land
Development Code, staff's recormnendation to the
Planning Cormnission and the Planning Cormnission's
recormnendation to the Board of Zoning Appeals shall be
based upon a finding that the granting of the
condi tional 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. Pl.ease provide detail.ed
response to each of ~e criterion l.isted bel.ow.
Specify how and why the request is consistent wi~
each. (Attach additional. pages as may be necessary).
a. Describe how the project is consistent with the
Collier County Land Development Code and Growth
Management Plan (include information on how the
request is consistent with the applicable section
or portions of the future land use element) :The
Agricultural/Rural Future Land Use Designation
permi ts open space and recreational uses. Other
stand-alone golf course facilities that have been
approved as conditional uses in Agricultural/Rural
Designated lands include Bonita Bay East Golf
Course along Irmnokalee Road, the aIde Florida Golf
Club off of Vanderbilt Beach Road, Golf Club of the
Everglades, and Hideout Golf Club. There is a
potential for fifty-three (53) single family homes
on the subject property, which density will be
eliminated as a result of the approval of the
Condi tional Use for the golf course. Recreational
open space uses, such as golf course, are permitted
and encouraged by the Comprehensive Plan and the
Land Development Code.
b. Describe the existing or planned means of ingress
and egress to the property and proposed structure
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
A~~~
No. aJ{l.) I
e
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional
Application Sabal Palm Golf Course. doc
APPLICATION lOR PUBLIC UAlUNG !'OR CORDI'nCMU. un
7,
NOV 0 9 1999
PI. ~
Project ingress and egress will be provided by Sabal
Palm Road.
c. Describe the effect the conditional use will have on
neighboring properties in relation to noise, glare,
economic and odor effect: The Golf Course will not
produce any adverse noise impacts, glare impacts, or
odor impacts to adjacent properties.
d. Describe the site's and the proposed use's
compatibility with adjacent properties or other
properties in the district: Adjacent surrounding
properties consist of vacant unimproved land and
some single family homes. Some of the residences
are also used for ornamental horticulture activities
and small farm animal and livestock raising
acti vi ties. An open space recreational use such as
this facility is fully compatible with the adjacent
uses
e. Please provide any additional information which you
may feel is relevant to this request:
9. Deed Restrictions: The County is legally precluded
from enforcing deed restrictions, however, many
communi ties 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 wi thin the last year? If so, what was
the nature of that hearing? Partially Cleared
Agriculture Operations.
-
A~'TEM
No. ';4) I
--
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional U
Application Sabal Palm Golf Course. doc
APPIoICATIaf POR PUBLIC DARING &'OR CCMDITXClHIU. USK
a
NOV 09 1999
PI. /6
11. Additional Submittal requirements: In addition to
this completed application, the following must be
submi tted in order for your application to be deemed
sufficient, unless otherwise waived during the pre-
application meeting.
a. A copy of the pre-application meeting notes;
b. Ten (10) copies of a 24" x 36" conceptual site plan
[and one reduced 8 1/2 x 11" copy of the 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.
G:\99-0020 Sabal Palm Road Conditional Use\Conditional Use Application\Conditional Use
Application Sabal Palm Golf Course.doc
APPLICAnCM roR PUBLIC DARING lOR camInCltaL ua
9
.~.....~~
AGENOA In..
~AjlJL
NOV 0 9 1999
Pg. /7
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Frp-l L11'JE SE(::rlo~IJO -
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N.8B'SS'Ol"W. 2874,04'
SOUTH UNE SECTION 19
NORTH LINE SECTION 30
SEC.
19
SEC.
20
F"ND. 3/4" IP N/C
. 1/4 CORNER
SEC.
30
\SEC.
29
rNO. 5/8" IR
CAP ILLEGIBLE
. SECTION Ci
OEseRI PTION:
(AS SUPPLIED BY CLIENT)
SW 1/4 OF" SECTION 19, TOWNSHIP 50 SOUTH, RANGE 17 EAST, COLLIER COUNTY. FlORIDA
AND ALSO:
SE 1/4 OF" SECTION 24. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
LESS:
NW 1/4 OF" THE SE 1/4 OF SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COIJNTY, FLORIDA
PROJECT:
:TATES INVESTMENTS SABAL PALM ROAD
JD LIMITED TOPOGRAPHIC SURVEY
HP 50 SOUTH, RANGE 27 EAST CROSS REF"ERENCE: PROJECT NO.: SHEET
liP 50 SOUTH, RANGE 26 EAST , 8CI-7839 99-0020. 1
": -:
" \
,,'
':~i'iiM
Mo.~
NOV 0 9 1999
PI. It'
-,..
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RESOLUTION 99-_
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A GOLF COURSE CONDmONAL USE "I T' IN THE "A"
RURAL AGRICULTURE ZONING DISTRICT PURSUANT
TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
AND IN SECTION 19, TOWNSHIP 50 SOUTH. RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in saie.
regulations made and provided, and has considered the advisability of Conditional Use "17" of Section
2.2.2.3. in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and
has found as a matter of fact (Exhibit" A ") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and
WHEREAS, all 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 Emilio 1. Robau. P.E. ofRWA. Inc. representing Jassy Real Estate
Investments, Inc., with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3. of the "A" Rural
Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan
(Exhibit "C) and subject to the following conditions:
-1-
AGENOA ITEM
No..tP:t) I
NO\' 0 9 \999
Pi. /r
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course
of site clearing, excavation or other construction activity, an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department shall be contacted.
2. An appropriate portion of native vegetation shall be retained on site as required by
Section 3.9.5.5.4 of the Collier County Land Development Code.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
w
Approved as to Form and
Legal Sufficiency:
~is:.j In. (1~td
Mami Scuderi
Assistant County Attorney
g1adminlsuelCU-99-Q8I RESOLUTION
:;~
-2-
NOV 0 9 1999
Pi. cPt)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-08
The following facts are found:
1. Section 2.2.2.3.17 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
B.
Consistency with the Land Development Code and Growth
Management ~ 0 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 acc 'n case of fire or catastrophe:
Adequa ngre s.& egress
Yes ~ No
A.
C.
Affects neighboring properties in relation to noise,
g~ ~c or odor effects:
,? N~ a;fe t or Affect mitigated by
--- - ffect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the d~'st' :
Compatible u w~ ~n.district
es No
Based on the above findings, this conditional use should, with
stipulations, (copy~attached) (should not) be recommended for
approval ~/)OUV . j) ~7
DATE: !fJ!cl!tl CHAIRMAN: ~/lM
l ,
f/F~NDING OF FACT CHAIRMANjCU-99-0e
AGENDkITEM
No. I~) /
NOV 0 9 1999
p~. dJ /
.
~
EXHIBIT "A"
LEGAL DESCRIPTION
CU-99-08
.,.J
DESCRIPTION:
(AS SUPPLIED BY CLIENT)
SW , /4 OF" SECTION 19. TOWNSHIP 50 SOUTH. RANGE 27 EAST. COLLIER COUNTY, FLORIDA
AND ALSO:
SE 1/4 OF" SECTION 24. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COlliER COUNTY, FLORIDA
LESS:
NW 1/4 OF" THE SE 1/4 OF" SECTION 24, TOWNSHIP 50 SOUTH, RANCE 26 EAST, COlliER COUNTY. FLORIDA
----
EXHIBIT "B"
.'.....~
AGENO....JYlTEM
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NOV 0 9 1999
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EXECUTIVE SUMMARY
PETITION NO. CU 99-16: R. BRUCE ANDERSON REPRESENTING SR 846 LAND
TRUST REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR AN EARTH
MINING ACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL LOCATED
ON THE WEST SIDE OF IMMOKALEE ROAD APPROXIMATELY 1.5 MILES NORTH
OF THE COUNTY FAIR GROUNDS AND FURTHER DESCRIBED AS SECTIONS 1
AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND SECTIONS 35 AND 36,
TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA. THIS
PARCEL CONSISTS OF APPROXIMATELY 2,564 ACRES.
OBJECTIVE:
The petitioner is requesting the above-described Conditional Use for an earth mining
activity.
-
CONSIDERATIONS:
The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for
an earth mining business. Portions of this site are being used as farm and pasture
lands, while the remainder is vacant. The petitioner is proposing to excavate 553 acres
(less than 25 percent) of the site to a maximum depth of 20 feet. No blasting is
proposed as a part of this earth mining petition. The access to the site will be provided
from Immokalee Road.
The site in question is surrounded on all sides by mostly undeveloped land. It is unlikely
that development will result in a substantial number of new homes within the
recommended five (5) year window of re-evaluation. Nevertheless, there are subdivided
Estate lots on two sides of the land in question.
This mining activity should have minimal impact on neighboring properties at the
present time because existing housing in this area is sparse. A staff site visit revealed
that at this time there are four to five homes adjoining this parcel.
The Collier County Environmental Advisory Committee (EAC) reviewed this petition on
September 1, 1999 and by a vote of 8-1 recommended approval. Two individuals spoke
against this petition at the EAC hearing.
The Collier County Planning Commission heard this petition on September 16, 1999
and by a vote of 6-0 recommended approval subject to the CCPC conditions. Two
individuals spoke against this petition at the CCPC hearing. Staff has also received a
letter of objection from a property owner living within the vicinity of the subject property.
-
FISCAL IMPACT:
N~~EN?~T~)o?
1
NOV 0 9 1999
Po. /
This petition is for an earth mining operation. The on I" impact fee applicable to this
operation is the road impact fee. Based on the transportation impact fee calculation
criteria this operation generating an average of 330 truck trip per day for 20 years will
be assessed a transportation impact fee of $ 230,174,44.
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 schemes. 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
bring about a cessation of building activities. Certain LOS standards apply countywide
and would therefore bring about a countywide concurrency determination versus roads
which may have geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
This petition is consistent with the Governor and Cabinet's Final Order based on the
fact that the Final Order does not prohibit earth mining activities in the Rural Agricultural
District and, furthermore, this application was filed on June 21, 1999. The Final Order
exempts uses for which an application for conditional use or some other type of
application was filed prior to June 22, 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:
That the Board of Zoning Appeals approve Petition CU-99-16 as described by the
Resolution of Approval and Exhibits thereto, and made a part of this Executive
Summary submission.
AGENOA ITEM
No.4~)~
NOV 0 9 1999
Pi. c2...
2
PREPARED BY:
~""~ ~o.v--
CHAHRAM BADAMTCHIAN, Ph.D., AICP
PRINCIPAL PLANNER
1" (z. '2/1'~
DATE
\ ().. ~;2. 'i ~
.
DATE
~D 11.Q-4
DATE
APPROVED BY:
~ (i < /~sA9
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE .-
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
3
AGENDA ITEM
No.~(/l) ~
NGV 0 9 1999
L_ PI. -3
AGENDA ITEM 7-G
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE:
August 9, 1999
RE:
PETITION NO:
CU-99-16
OWNER/AGENT:
owner:
SR 846 Land Trust (See application for the names of the beneficiaries).
3606 Enterprise Avenue
Naples, FL. 34104
Agent: :
R. Bruce Anderson, Esq.
Young, Van Assenderp, Varnedoe & Anderson, P.A.
801 Laurel Oak Drive
Suite 300
Naples, FL. 34108
-,
REQUESTED ACTION:
The applicant is requesting approval of a conditional use for an earth mining activity on
a parcel of land zoned "A" Agricultural.
GEOGRAPHIC LOCATION:
The subject property is located on the west side of Immokalee Road approximately 1.5
miles north of County Fair grounds and further described as Sections 1 and 2,
Township 48 South, Range 27 East and Sections 35 and 36, Township 47 South,
Range 27 East, Collier County Florida. This parcel consists of approximately 2564
acres.
PURPOSE/DESCRIPTION OF PROJECT:
,-
The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for
an earth mining business. Portions of this site are being used as farm and pasture
lands, while the remainder is vacant. The petitioner is proposing to excavate 553 acres
(less than 25 percent) of the site to a maximum depth of 20 feet. No blasting is
proposed as a part of this earth mining petition. The access to the site will be .
from Immokalee Road.
AGENDA IT'EM
No. x( 11 )c:2
r\c'l 0 9 1999
-1-
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SURROUNDING LAND USE AND ZONING:
Existing:
- Farm land and vacant, zoned "A" Agricultural
Surrounding: North - Farm land with scattered single family residences,
zoned "A" Agricultural
East - Vacant tracts and scattered single family residences,
zoned "E" Estates
South - Vacant tracts and scattered single family residences,
zoned "E" Estates
West - Immokalee Road, Farm land with scattered single family
residences, zoned "A" Agricultural
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Rural Agricultural area as shown on the FLUE
map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for
certain conditional uses which may include commercial earth mining. Therefore, this
request is consistent with the FLUE of the GMP.
This petition is consistent with the Governor and Cabinet's Final Order based on the
fact that the Final Order does not prohibit earth mining activities in the Rural Agricultural
District and, furthermore, this application was filed on June 21, 1999. The Final Order
exempts uses for which an application for conditional use or some other type of
application was filed prior to June 22, 1999.
Other applicable elements of the GMP for which a consistency review was made are as
follows:
Transportation Element: Ingress and egress to the site will be provided from Immokalee
Road. The applicant will be required to construct acceleration and deceleration lanes as
deemed necessary by the Transportation Department.
The ITE Trip Generation manual indicates that this site will generate 396 trips on a
weekday. Approximately 70 percent (or 273) of the truck traffic will head south and west
on Immokalee Road. Based on this data, the site generated traffic will not exceed the
significance test standard (5 percent of the level of service LOS "C" design volume) on
Immokalee Road. In addition, the site generated trips will not lower the LOS below the
adopted LOS "0" standard for any segment within the project's radius of development
influence (RDI).
Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE). AGENDA ITEM
No. ;(j'~)~
NOV 0 9 1999
PI. b
-2-
Conservation Element: This petition will be reviewed by the EAC on September 1,
1999. The EAC recommendation and stipulations will be presented to the CCPC at the
hearing.
S1 AFF ANALYSIS
The Current Planning staff has coordinated a comprehensive evaluation of this land use
petition and the criteria on which a favorable determination must be based. This
evaluation is intended to Provide objective, comprehensive overview of the impacts of
the proposed land use change, be they positive or negative, culminating in a staff
recommendation based on that comprehensive overview. The below listed criteria are
specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff
evaluation and comment, and shall be used as the basis for a recommendation for
approval or denial by the Planning Commission to the Board of County Commissioners.
Each of the potential impacts or considerations identified during the staff review are
listed under each of the criterion noted below, and are categorized as either pro or con
as the case may be, in the opinion of staff. Staff review of each criterion is followed by a
summary conclusion culminating in a determination of compliance, non-compliance or
compliance with mitigation.
a. Consistency with this code and Growth Management Plan.
~ The site in question is zoned "A". Earth mining is permitted as a Conditional
Use in the Agricultural district. The subject property is designated Rural
Agricultural on the Future Land Use of the GMP.
CQrL. None.
Summary Conclusion (Findings):
The use in question is permitted within the Rural Agricultural district. This district
allows certain non-agricultural land uses, provided certain criteria are met. This
request is deemed to be consistent with the requirements of the Growth
Management Plan, irrespective of our subsequent findings based on the criteria
for the approval of conditional uses.
b. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access In case of fire or catastrophe.
E&
1) The access to the site will be provided from Immokalee Road. The applicant
will be required to build east and west bound turn lanes at the entrance to the
site. These left and right turn lanes will provide safe ingress and egress to the
site and will reduce the likelihood of conflict with motorists on Immokale
-3-
2) The recommendation in support of this petition is conditioned upon
reconsideration by the BZA within five (5) years so that traffic conditions relative
to ingress and egress as they relate to this property can be re-evaluated.
3) Permitted uses of the properties in the vicinity of this property could produce
a similar effect within the five (5) years approval window such as golf course
community which would involve an extensive lake system requiring off-site
removal of excess earth material (Le. developments of Orangetree).
~ Immokalee Road is a two lane arterial road and there are no plans to add
additional travel lanes for this section of the road in the near future.
Summary Conclusion (Findings):
Adequate ingress and egress to the site will be provided from Immokalee Road.
Reconsideration of this project within five (5) years will allow the BZA to deny
any additional earth mining of the site should the development trend change and
the area become more populated or the truck traffic from the site interfere with
residential traffic on Immokalee Road.
c. The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects;
Em;.
1) Neighboring properties are mostly undeveloped. This mining activity should
have minimal impact on neighboring properties at the present time because
existing housing in this area is sparse. A staff site visit revealed that at this time
there very few residences adjoining this parcel. A geological survey of the parcel
in question shows that the area is composed of sand up to a depth of 20 feet.
The applicant's request is to excavate to a maximum depth of 20 feet; therefore,
no blasting shall be necessary to excavate this tract of land.
2) The effects of this conditional use will not be substantially different in the
short run when compared to a permitted use in the district.
CQK. This activity will generate some noise and dust which may affect the
neighboring properties. _
Summary conclusion (Findings):
The proposed earth mining activity will generate some noise and dust in the
area. There will be no blasting noise. This activity is not anticipated to generate
any glare or odor.
A permitted use of the property in the short run could very well involve the
excavation of earth material and its off-site transportation. AGENDA ITEM
No. ~1'9 )~
-4-
NOV 0 9 1999
.fta ..~_
d. Compatibility with adjacent properties and other property in the district.
~ To the west and north this property is adjacent to agriculturally zoned which
are vacant of farm lands. In the short run adjacent land use relationships are
such that there is no measurable impact even though the adjacent properties on
three sides are zoned Estates.
~ On two sides this property is adjacent to Estates zoned properties.
However, only 3 to 4 homes are built adjacent to this proposed mining parcel, all
others parcels are currently vacant.
Summary Conclusion (Findings):
The site in question is surrounded on all sides by mostly undeveloped land. It is
unlikely that development will result in a substantial number of new homes within
the recommended five (5) year window of re-evaluation. Nevertheless, there are
subdivided Estate lots on two sides of the land in question. It should be noted
that the closest area to be mined is at least 900 feet from any adjoining property.
STAFF RECOMMENDATION:
Staff recommends that the cepc forward Petition CU-99-16 to the BCC with a
recommendation for conditional approval subject to all staff stipulations.
AGENDA ITEM
No.j?1tJ)~
NOV 0 9 1999
Pi. Cf
-5-
PREPARED BY:
c4J~ ~ ~~'c/ v-"'
CHAHRAM BADAMTCHIAN, Ph.D., AICP
PRINCIPAL PLANNER
r,5( 24/qq
DATE
~. ~.;:. f11
DATE
~ULHERE, AICP, DIRECTOR
PLANNING SERVICES
~ cl-~
DATE
DBY:
R""~O-<7~
VIN ENT CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Petition Number: CU-99-16
Staff Report for September 16,1999 CCPC meeting.
NOTE: This Petition has been advertised for the October 12, 1999 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
gjJj;i)j
'MICt IAEL J. BnUC}:h CHAIRMAN
BIsselL A. !JwP I vice:. CJfAI.e
-6-
AGENDA ITEM
No../.{/J) ~
NOV 0 9 1999
PI. /0
..1' -..
~..~
1
2 RESOLU'lON99-_
3
4
S
6 A RESOLUTION PROVIDING FOR THE
7 ESTABLISHMENT OF AN EARTHMINING-
8 EXCAVATION OF Fil..L MATERIAL CONDmONAL
9 USE "I" IN THE "A" RURAL AGRICULTURAL
10 ZONING DISTRICf PURSUANT TO SECflON 2.2.2.3.
11 OF THE COLLIER COUNTY LAND DEVELOPMENT
12 CODE FOR PROPERTY LOCATED IN SECflONS 35
13 AND 36, TOWNSHIP 47 soum, RANGE 27 EAST
14 AND SECflONS 1 AND 2, TOWNSHIP 48 soum,
IS RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
16
17
18 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
19 Chapter 125, Florida Statutes, has conferred on Collier County the power to establish. coordinate and
20 enforce zoning and such business regulations as are necessary for the protection of the public; and
21 WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
22 No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
23 zoning of particular geographic divisions of the County, among which is the granting of Conditional
24 Uses; and
2S WHEREAS, the Collier County Planning Commission, ~gthe duly appointed and
26 constituted planning board for the area hereby affected. has held a public hearing after notice as in said
27 regulations made and provided, and has considered the advisability of Conditional Use "I" of Section
21 2.2.2.3. of the "A"' Rural Agricultural Zonini District for earthmiDing On the property hereinafter
29 described. and has found as a matter of fact (Exhibit" A "). that satisfactory provision and arrangement
30 have been made concerning all applicable matters required by said regulations and in accordaoce with
31 Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and
32 WHEREAS, all interested parties have been given opportunityJo be heard by this Board in a
33 public meeting assembled and the Board having considered all matters presented.
34 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
35 Collier County, Florida that:
36 The petition filed by R. Bruce Anderson, Esquire of Young, Van Assenderp, Vamadoe and
37 Anderson, PA, representing the SR-846 Land Trust, with respect to the property hereinafter described
38 as:
39
40
Exhibit "B" which is attached beceto and incorporated by reference herein
j
AGENDA ITEM
No. ~)d2.
NaV 0 9 1999
-1-
Pi. //
be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" RW'lll
2 Agricultural Zoni"1J District for earthmining in accordance with the Conceptual Master Plan (Exhibit
3 "C") and subject to the following conditions:
4
5 Exhibit "D" which is attached hereto and incorporated by refen:nce herein.
6 BE IT FURTIiER RESOLVED that this Resolution be recorded in the minutes of this Board.
7 This Resolution adopted after motion, second and majority vote.
8
Done this
day of
,1999.
9
10
11
12
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
13
14 BY:
15 PAMELA S. MAC'KIE, CHAIRWOMAN
16
17 AITEST:
18 DWIGHT E. BROCK, Clerk
19
20
21
22 Approved as to Fonn and
23 Legal Sufficiency:
~ ~rt~~~tu~'~
26 Assistant County Attorney
27 lIIlll1min1pecilionlCtJ..99-16t RESOLLmON
28
29
--
AGENDA ITEM
No.~~) ~
~ <; NO\/f~ 1999
Pg. /~
I
...~. j
-2-
-
L_.
__.,. .n
....~-,.,--
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-16
The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management PI~:
Yes V No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & ~ress
Yes J~ No
C. Affects neighboring properties in relation to noise,
glare~economic or odor effects:
~No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the dis~ri :
Compatible use 'thin district
Yes No
Based on the above findings, this conditional use should, with '
stipulations, (copy attached) (~ ~l~a l~~L) b~ recomrnendeu:r
approval ___ _' /?~l
DATE:!l.:J.L, - qq MEMBER: ~/ ~ .,
f/FINDING OF FACT MEMBBRI
AGENDA ITEM ~
No..)C{A) rf[.
NOV 0 9 1999
Pi. /3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-16
The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management P~n:
Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &~gress
Yes I No
C. Affects neighboring properties in relation to noise,
glar~, economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes -./ No
Based on the above findings, this conditional use should, with
stipulatio tached) (should not) be recommended for
approval
MEMBER:
/J~1$ A M
DATE:
f!FINDING OF FACT MBMBBR!
AGENDA ITEM
No. ~tl)62.
NOV 0 9 1999
Pi. / If
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-16
The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management PI~:
Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &~e~ess
Yes ~ No
C. Affects neighboring properties in relation to noise,
gla~e,~conomic or odor effects:
~o affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible uSZ~hin district
Yes No
Based on the above findings, this conditional
stipulations, (copy attached)
approval
with
for
DATE: q'-/;j!-?,q
f/PINDING OF FACT MEMBBR/
AGENDA ITEM
Mo.~/l)~
NaV 0 9 1999
/6
Pi. .
FINDING eF FACT
BY
CeLLIER CeUNTY PLANNING ceMMISSIeN
FeR
A CeNDITIeNAL USE PETITIeN
FeR
CU-99-16
The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.
Consistency with z:he and Development Code and
Growth Management P n:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~
Adequate ingress & ress
Yes No
Af;r.ec s neighboring properties in relation to
gl ,economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the dis~r' t:
Compatible use ithin district
Yes No
noise,
C.
Based on the above findings, this conditional
stipulations, (copy attached) (~"..~ 1).. be
approval
1'/,r,/t{ tf
I I
DATE:
MEMBER:
f/FIHDING OF FACT MEMBERI
/
~GENOA ITEM
No. 4(1) cfl.
NO'; 0 9 1999
.
t~m.~g. / h
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-16
,The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Pla~
Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes V' No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
C.
D. Compatibility with adjacent properties and other
property in the district:
Compatible use~ithin district
Yes'" No
Based on the above findings, this conditional use should, with
:~~~~;:iions, -<~l" I L_d) l<H'-.-d ~nded for
DATE: f1I0'1 MEMBE~/4'~/:iU-
f/FINDING OF FACT MEMBERI
.trGENOA ITEM
No. 8(1).P-
NOV 0 9 1999
Pg. /1
.
'f
,t'-'
LEGAL DESCRIPTION
All OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND All OF SECTIONS 1 AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, lESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 846 (IMMOKAlEE ROAD), COLLIER COUNTY,
FLORIDA.
---
EXHIBIT "B"
I '~"TEM
No. / -f').A
I NG V 0 9 1999
Pg. If?
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AGENDA ITEM
No. 4!J) ;2-
NOV 0 9 1999
Pi. / Cf
'.!'~
..i
_..;.;.:". -..
EXHIBIT "e"
CONDmONS OF APPROVAL
CU.99.18
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission in their public hearing on September 16, 1999.
Planning Services:
a. The Current Planning Manager, may approve minor changes in the
location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. Expansion of the uses identified and
approved within this conditional use application, or major changes to the
site plan submitted as part of this application, shall require the submittal
of a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including Division
3.3, Site Development Plan Review and approval, of the Collier County
Land Development Code, Ordinance (91-102).
b.
The conditional use approval shall be reviewed at the end of five years to
detennine whether additional stipulations or mitigation are necessary to
insure compatibility with other properties in the area and to assure public
health, safety and welfare is adequately addressed. Development
Services staff will use the fotlowing standards in their review and, in the
event of the inability of Development Services and applicant to agree
upon additional stipulations or mitigation, the matter will be referred to the
Board of Zoning Appeals using the Land development Code procedural
requirement for appeals. The standards for review are:
-,
I.
At least six months prior to the fifth anniversary of the Board of
Zoning appeals approvals, applicant shall submit a noise study
acceptable to Development Services staff to detennine whether
additional benning, landscape or buffers are necessary to insure
compatibility with adjacent residential structures.
II.
At least six months prior to the fifth anniversary of this approval,
applicant will submit to Development services a Traffic Study
conducted in a manner approved by County Transportation
Department that assesses the level of service on County Road
846, the project's Impact on county Road 846, and any mitigation
needed to address this project's impacts on automotive and
pedestrian safety along the affected section of the CR. 846.
Additional mitigative measures that may be required include:
-
(1) Project conbibutlon (on a proportional share basis) to add
signalization or turn lanes for other public roads within this
project's Radius of Influence.
AGENDA ITEM
No"~)~
NOV 0 9 1999
Pg. d. 0
-1-
(2) Limit"'tion of haul .tripstfrom the project to a maximum of 175
per 2+hour period.
(3) Mitigation of abl'lOflNll::Wear or tear caused by this project's
use of County ~'<84i that are not addressed by payment of
impact fees.
c. Traffic counts, conducted 09.-quarter1y basis, will be provided to Collier
County Transportation Servi~:in a quarter1y report. The traffic counts
will be taken at the ProjedJrlUl!floe, by direction (inbound and outbound),
and will be conducted byAi~minute increments for 48 consecutive
hours. Traffic counts and Ithe.:,~arter1y report will be provided for five
years. The need for quartertYt':f8:POrts and counts will be re-evaluated
coincident with the conditional;;;1iSe review specified in condition (b)
above.
d. The applicant shall ~ ;responsite, for the costs of engineering analysis
for a traffic signal wa",nt st~artd for the total costs of any signal. The
County shall be the .. determiner of whether or when a study and/or
signal is needed. FurtAer~~~pJcant agrees to the following additional
conditions:
(1) A northbound .dgt\t..tutrtdand and a southbound left-turn land
will be provid~ atthit,entrance with Immokalee Road. These
turn lanes wjlt be; Sited'elated improvements. The turn lanes
will be desigltilctur:eflective of Immokalee Road as a rural
arterial with;5S,mpto~n speed. While the minimum storage
length desi~Will-beJ based on a rural roadway and 55 mph
design speed"sit$,foondition may warrant longer turn lane.
(2) Advance war:gingsig~will be provided on Immokalee Road,
north and Sjfu$:eOf)~ project entrance. A total of four
advanced w~. ~, with flashers, will be provided. The
hours thateach,sigrI .naIl flash will be determined by the
applicant inrconsultetilbn with Collier County Transportation
Services. Warning 'ligr1a:.will be placed approximately 700 feet
before the ,entrance _th on northbound and southbound
directions. T}1ese sigal shall read Caution Trucks Entering
Highway or some ott\ett; warning agreed to by Transportation
Services. ..Additionel-n; warning signs will be placed
approximafely 200.feetbefore the entrance in both northbound
and southbound dillJdions. The signs shall read Mine
Entrance -:Aheactr or ~ some other warning agreed to by
Transportation Se~ All signs (type, size, location, etc.)
shall be consistenhvilahe Manual On Uniform Traffic Control
Devices.
(3) A flashing traffic signahwill be provided at the intersection ~
the project entrance ana Immokalee Road. Immoka 4A ITEM
No. It) ~
7
-2-
Nav 09 1999-
PI. d /__
.-
will have the flashing yellow indication and the project
entrance the flashing red.
(4) Coincident with the installation of the flashing yellow traffic
signal, the intersection will be illuminated with a streetlight.
e. Hours of operation shall be 7:00 AM to 6:00 PM Monday through
Saturday; no excavation or hauling operation shall be allowed on
Sundays.
f. No blasting will be permitted.
g. The excavation shall be limited to a lowest possible bottom elevation of
25 feet below existing grade unless a permit modification in applied for
through EAC and the BCC and shall be no shallower than 10 feet below
existing grade. The excavation shall be limited to a bottom elevation of
-1.0 NGVD.
h. The petitioner must apply for a Vegetation Removal Permit.
Environmental staff shall perform a site visit to determine the need for a
vegetation Removal Permit and to check for any listed species. No work
shall be done prior to that site visit.
..-
L A lake littoral zone equivalent to 10 percent of the lake perimeter will be
planted prior to final acceptance.
j. A 20-foot maintenance easement dedicated to Collier County shall be
provided around the perimeter of the lake.
k. Off-site removal of material shall be SUbject to "standard conditions"
imposed by the Transportation Services Division in the attached
document dated May 24,1988, as amended in January 13, 1998.
I. Provide all necessary wetland permits prior to obtaining the vegetation
removal permit.
m. Prior to obtaining the vegetation removal permit that is required in
conjunction with the excavation permit, the petitioner shall provide letters
from US Fish and Wildlife Services and the Florida Fish and Wildlife
Conservation Commission resolving all wildlife issues on the site, Le.,
burrowing owls, Florida panther, Florida black bear, wood stork, etc.
EXHIBIT "D"
AGENDA ITEM
~'.41J):L
NOV 0 9 199~
Pi. dcJ--
-3-
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDmONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the right to establish emergency weight
limiD; on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
.-/
..- .
AGENDA ITEM
No;<</-J) ~ .
NO'J 0 9 1999
Page One of Two
Pg. dS
6. Based on soil boring information per Ordinance No. 91-102 as amend~ a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended.
Reference to letter of 5124/88
Revised 1/13/98
-
f
,
AGENDA ITEM
No.y(0)~'
NOV 0 9 1999
Pi. ~y
Page Two of Two
RECEIVED
JUN 2 1 1999
~ SERVICES
COMMUNITY DEVELOPMENT DIVISION
CURRENT PLANNING SECTION
C U 9 9 1 6 ,4.
PETITION NUMBER:
DATE OF APPLICATION:
COMMISSION DISTRICT:
PLANNER ASSIGNED:
ABOVE TO BE COMPLETED BY STAFF
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
1. General Information:
Name of Applicant (s) SR 846 Land Trust
Applicant's Mailing Address 3606 Enterprise Avenue
City Naples
State
Florida
Zip 34104
Applicant's Telephone #:
643-3343
Fax#:
643-4548
Name of Agent (s) Bruce 1. Siciliano. AICP
Firm
Agnoli. Barber & Brundage. Inc.
Agents Mailing Address 7400 Tamiami Trail North. Suite 200
Zip 34108
City Naples
State Florida
Agent's Telephone #:
597-3111
Fax#:
566-2203
R. Bruce Anderson. Esq.
Firm Young. van Assenderp. Varnadoe
& Anderson. P .A.
801 Laurel Oak Drive. Suite 300. Naples. Florida 34104
AGENDA ITEM
/fl)~
NOV 0 9 1999
PIl. .J-6
Agent's Telephone #: 597-2814
Fax#: 597-1060
05-0434K9.APP
5/28/99
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust
with the percentage of interest.
Francis Hussev
Ronald Brown
BCB Land Companv
Suivant Le Soleil Trust
(Pamela Donaldson 1 %)
(Ronald J. Brown 1 %)
(Tamara Alexander 1 %)
(Brenda Husinger 1%)
(Christina Brown 1 %)
H. A. Street
20.00 %
25.00 %
30.00 %
5.00%
Total
20.00 %
100.00 %
I
AGENDA ITEM
No~) ,;J..
NaV 0 9 1999
Pi. c/l.6
05-0434K9.APP
5/28/99
2
"""' V'''''..
--- .~--- - -.---....
BCD LAND C01dPANY
3606 EDterprise Avenue
NapleJ, FL 34104
September 15,1999
VIA FACSIMILE
R. Broce AndeI50n, Esq.
Young, van Assendcrp & Vanadoe, p .A.
801 Laurel Oak Drive, Suite 300
Naples. FL 34101.7907
Re: S. R. 846 Land Trost - Earth Mining Application
Dear BNce:
In accordance to your request, the following are the stockholders for BCB Land Company who is
one of the trustees ofme S. R. 846 Land Trost:
Michael Boran
Richard Craig
Donald R. Barber
Melvin Engel
Verlyn Fischer
Richard Dykman
Thomas Craig
Jay Bunnell
. I serve as the president of the company.
I trust that this is sufficient for your immediate needs.
Sincerely yours,
BCB LAND COMPANY
~Id.~
Donald R. Barber
President
(SJpId III D-'., (J~'O (I'IOfd 11_"" br ~.)
pm
r--rGENOA ITEM .
I ~~~~
NOV 0 9 1999
Pg. ~7
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP,
list the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or
individuals, a Corporation, Trustee, or a Partnership, list the names of the
contract purchasers below, including the officers, stockholders, beneficiaries,
or partners.
Name and Address
Percentage of Ownership
Date of Contract
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
r "GENOA ITEM
, No.~)~
I ~:V 0 9 1999
L_- Pg. cflK'
05-0434K9.APP
5/28/99
3
g. Date subject property acquired (x) leased ( )
Mav I 7, 1 990
Term of lease
yrs.lmos.
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.
3. Detailed le~al description of the property covered bv the application:
( If space is inadequate, attach on separate page.) If request involves change to
more than one zoning district, include separate legal description for property
involved in each district. Applicant shall submit four (4) copies of a recent survey
(complete within the last six months, maximum I" to 400' scale) if required to do
so at the pre-application meeting. Not required.
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.
S 1 & 2 48 S
Section: S 35 & 36 Township: 47 S Range:
27 E
27 E
Lot:
Block:
Subdivision:
Plat Book
Page #
00209200009,00209840001
Property 1.D. #: 00113480009,00113520008
Metes & Bounds Description:
4. Size of propertv: 10560:c ft. X 10560:1: ft.
Total Sq. Ft.
Acres 2564:c
5. Address/2enerallocation of subiect property
East side ofImmokalee Road, approximatelv 2 miles north of Oil Well Road.
A~ ITEM
No. 19)~
.
05-0434K9.APP
5/28/99
4
NOV 0 9 1999
Pi. cJ9
6. Adiacent zoninl: and land use:
Zoning
Land use
N Rural Agricultural
Low Densitv Residential /Farming
S Estates
Low Density Residential
E Estates
Low Density Residential
W Rural Agricultural
Immokalee RoadlFarming
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). No
Township:
Range:
Section:
Lot:
Block:
Subdivision:
Page #:
Property 1. D. #:
Plat Book
Metes & Bounds Description
7. Type of Condition Use: This application is requesting conditional use #2.2.2.3.1
of the Rural Agricultural (A) district for (TYPE OF USE) Earthmining-excavation of
fill material. Present use of the propertv: PasturelandlFarming/Vacant
8. 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 to each of the criterion
listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary.)
--
AGENDA ITEM
No. /.(11);2
NOV 0 9 1999
Pi. -30
05-0434K9.APP
5/28/99
5
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): Earth mining or excavation of sand for fill material
is a permitted use and is therefore consistent with its designation as
Agricultural/ Rural Mixed Use District on the Future Land Use Map. The
Collier Countv Land Development Code allows earth mining as a
conditional use. which is sought by this application. Since the excavation
area will be locate:d on land that has been farmed. no native vegetation will
be lost. which is consistent with Policy 3.l.b. of the Future Land Use
Element.
b. Describe the existing or planned means of ingress and egress to the propeny
and proposed structure thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe: The planned access for the conditional use
of the propertv currently exists at approximatelv one half mile north of the
south propertv line off SR 846. It is anticipated at this time that in bound and
outbound turn lanes will be provided at the SR 846 access. The inbound
turn lanes (northbound right-turn and southbound left-turn) at the Proiect's
entrance are expected to maintain through capacity of SR 846 while
enhancing the safetv and convenience of trucks/vehicles entering: or
passing the site. Furthermore. roadway signs indicatin~ "truck access" can
be posted along SR 846 iust north and south of the Proiect's drivewav to
warn drivers of approaching ingress/egress vehicles.
c. Describe the effect the conditional use will have on neighboring properties in
relation to noise, glare, economic and odor effect: The proposed conditional
use onlv provides for excavation related to fill material. The excavation site
area will be located inside the parent tract and will become a lake as the
material is removed. The closest property line is 900 feet from the
excavation. Most of the lake is more than 1500 feet from the nearest
property line. The proposed request does not include blastin~ and the
excavation is for fill material. no processing of material will occur on the
property.
d.
Describe the site's and the proposed use's compatibility with adjacent
properties and other properties in the district: The proposed activity is
compatible with adiacent land uses. which include low densitv residential
and farming. The proposed excavation is for fill material. no processing of
material will occur on the oropenv. The excavation will operate during
normal business hours and will not be illuminated. The onlv other activity on
the site will be a small office and wei ht station. all which will occur
ad' acent to Immokalee Road. A minimum se aration between the excav
and abuttin ertv is 900 feet.
ion AGENDA~
No., 'f!l :L
05-0434K9.APP
5/28/99
6
NOV 0 9 1999
pg.31
e. Please provide any additional information which you may feel is relevant
to this request. Impacts from the excavation are
limited to less than 25% of the entire site and this 25% was oreviouslv
cleared.
9. Deed Restrictions: The County is legally precluded from enforcing deed
restrictions, however. many communities have adopted such restrictions. You may
wish to contact the civic or property owners association in the area for which this use
is being requested in order to ascertain whether or not the request is affected by
existing deed restrictions.
10. Previous land use petitions on the subiect pro{>erty: To your knowledge. has a
public hearing been held on this property within the last year? No If so, what was
the nature of that hearing?
11. Additional Submittal requirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficient,
unless otherwise waived during the pre-application 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 81/2" x II"
copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting
the following [Additional copies of the plan may be requested up90n completion
of staff evaluation for distribution to the Board and various advisory boards such
as the Environmental Advisory Board (EAB), or CCPC];
· All existing and proposed structures and the dimensions thereof,
· Provisions for existing and/or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure (s) on site),
· All existing and/or proposed parking and loading areas [including matrix
indicating required and provided parking and loading, including required
parking for the disabled],
· Locations of solid waste (refuse) containers and service function areas.
· Required yards, open space and preserve areas,
PGENOA ITEM
· Proposed locations for utilities (as well as location of existing utility servo es No. ,,<7~):L
to the site),
OS-0434K9.APP I. t.~;./ 0 9 1999
ro~~ 7 , v
L Pi. J~
. Proposed and/or existing landscaping and buffering as may be required by the
County.
. Location of all signs and lighting including a narrataive statement as to the
type, character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the
Land Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph,
(taken within the previous twelve months), minimum scale of one inch equals 400
feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats
and their boundaries. Such identification shall be consistent with Florida
Department of transportation Land Use Cove and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
h. 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.
CONDITION USE.APP
05-0434K9.APP
5128/99
8
--
~~~
NOV 0 9 1999
Pg.~
SR 846 Land Trust
Application for Conditional Use Approval
Use 2.2.2.3.1 Excavation of Sand Fill
Narrative
The SR 846 Land Trust comprises 2564:t acres in northeast Collier County. The property
is bounded to the west by County Road 846 or Immokalee Road. to the south and east by
the Golden Gate Canal. and to the north by agricultural lands. Most of the property
(approximately 1,637 acres) consists of pasture and farm fields, both active and fallow.
The Golden Gate drainage system has drained approximately 97 acres of cypress areas.
Other wetland areas located in the northern portion of the site are still functioning, but
show signs of drying as evidenced by encroachment from upland and transitional
vegetation.
The property is classified as Agriculture / Rural Mixed Use District on the Future Land
Use Map of the Collier County Growth Management Plan and is designated as Rural
Agricultural on the Collier County Official Zoning Map. Earth mining is permitted as a
conditional use in the Rural Agricultural zoning district. An excavation permit is also
required, which is being filed concurrently.
The proposed excavation site occupies approximately 553 acres located near the center
and extending to the southeast portion of the tract. The nearest adjacent property line is
over 900 feet. As the sand is excavated, a lake will be created in its place. Since the
proposed excavation area is almost exclusively a farm field, no native vegetation will be
lost. The excavation is for fill material, no processing of material and no blasting will
occur on the property. One access point is proposed along lmmokalee Road. The
expected duration of the excavation is between fifteen and twenty years.
A~A ITDA
No. ;t{L1) 4-
NOV 0 9 i~99
Pi. \. ?~
05-0434K9,APP
5/28/99
9
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AGENOA ITEM
No. , X ~~).:L
NOV 0 9 1999. .
Pi. 0b .
. ,
, ,. ,.~.~ }~~:~~;{~~i;::~,{~~,[-~::~'::::',\:;',,;~.~~~~~:~;~ii~~~;,~ :::"'.:'.:~f.:;,~@':~;,i;:;J.:.; /t~;'~j)~;Lj,;-.:~..: ,;.,..,
'..... .." .
EXECUTIVE SUMMARY
PETITION C-99-10, TERRY WOLFSON, PRESIDENT, COLLIER COUNTY AGRICULTIJRAL FAIR AND
EXPOSITION, INC., REQUSESTING A PERMIT TO CONDUCT lHE ANNUAL COLLIER COUNTY
AGRICULTURAL FAIR FROM JANUARY 7 THROUGH 15,2000, AT THE COLLIER COUNTY FAIR GROUNDS
LOCATED ON IMMOKALEE ROAD (SR-846) NORTH GOLDEN GATE.
OBJECTIVE:
Terry Wolfson, President, Collier County Agricultural Fair and Exposition, Inc., is requesting that the Board of County
Commissioners approve a permit to conduct the annual Collier County Agricultural Fair from January 7 through 15, 2000,
at the Collier County fair grounds located on Immokalee Road (SR-846) North Golden Gate. The applicant is also
requesting a waiver of the application fee, occupational license and the surety bond.
CONSIDERATIONS:
Terry Wolfson, President, Collier County Agricultural Fair and Exposition, Inc., has made application to the Board of
Count Commissioners for a permit to conduct their annual Collier County agricultural fair. Terry Wolfson, Presiident,
Collier County Agricultural Fair and Exposition, Inc, has met all the requirements of the carnival permit procedures other
than those requests for waivers addressed herein. Staff concurs with the request for waiving the Surety Bond because
there has been no previous problems related to clean up of the site after the County fair.
FISCAL IMPACT:
~
The applicant's request for a $250.00 permit application fee waiver has been granted in past years. Revenues for Fund 113
(Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review
and Building Permit Fees. It is Board policy that requests for waiver of such fees be granted only by the Board. The term
waiver is a misnomer, in that should a waiver be granted, it is necessary to transfer the funds from the General Fund
Reserves (001) to the Community Development Enterprise Fund (113).
Based on staff research, the average fiscal impact resulting from these types of fee waivers is $2,200.00 per year.
GROWTH MANAGEMENT IMPACT:
None
RECOMMENDATION:
Board of County Commissioners approve the permit to conduct the annual Collier County fair and waivers for the
armv I fee, occupational license and surety bond.
D F. NINO, AI
CURRENT PLANNING MANAGER
\ b' \ \. '\ )
DATE
,"--
AGENOA ITEM
No. /6~J I
NOV 0 9 1999
1
Pg. /
REVIEWED BY:
/l-~
ROBERT J. MlTLHERE, AICP
PLANNING SERVICES DIRECTOR
APP~tL. ~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
/..7 - / r--- 7.f
DATE
/~ fer?
DATE
2
1~=9
, PI..;J.
.- "''-_ T
24th ANNUAL
FAIR AND EXPOSITION
COLLIER COUNTY AGRICULTURAL
Collier
County
Fair
JANUARY 7th - 15th, 2000
COLLIER COUNTY FAIRGROUNDS
HIGHWAY 846, NORTH GOLDEN GATE
NAPLES, FLORIDA
r ~~~~~-
, -
i r~C'J 0 9 1999
~ ~
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.'W' '.:~'~<.\'- ~'~:;.-:>r.:~:~'!5?'. -. ..
,NOTE':: ,:' piease"read reverse side
,__.'. . -~>' ....before comoletinq this
'. ", V Petition.
..~.
,
C - q ,,- /V
PETITION NO.
DATE:
9-29-99
PETITIONER'S NAME: Collier County Agriculture Fair and Exposition Inc.
PETITIONER'S ADDRESS: _ 751 39th Av. NE Naples, 'F1orida 34120
TELEPHONE: 941-455-1444
PROPERTY OWNER'S NAME:Collier County Board of County Commissioner
PROPERTY O~iNER'S ADDRESS: 3301 East Tamiami Trail
Naples, Florida 34112
TELEPHONE: 941-774-8383
LEGAL DESCRIPTION OF SUBJECT PROPERTY: see attached sheet
GENERAL LOCATION: Hwy 846 and North Golden Gate
CURRENT ZONING: PUD CURRENT USE: Community Use'
~ATURE OF PETITION: Nine (9) day permit for Annual Fair
January 7-15, 2000
THE FOLLOWING.INFORMATION IS INCLUDED IN THIS PETITION. (FOR
EXPLANATION, SEE REVERSE SIDE.)
3.a. )( 3. e .1) Y. 3.e.4) X 3.e.7) X
3.b. )( 3.e.2) X 3.e.5) X 3.e.a) >C
3.e. OX 3.e.3) /. 3.e.6) X 3.e.9) X.
3.d. ~ Comments:
SIGNATURE OF.PETITIONER
DATE REVIEWED by Board of County Commissioners:
u
~..E..r2~~~;
Conditions of Approval:
. -. .Disapproved:
- ,
'1
I
...-/
AGENDA ITEM
/~)I
o 9 1999
pc. /I ~-
"'.. '..
SIGNATU~ OF COUNTY MANAGER
,,;r,.
~ -
.-
.'
.
Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75
3. Aoolication and Fee for Permit. A minimum of twenty (20) days
before occupying the carnival or exhibition site, an application for a
permit shall be submitted to the county'Manager in four (4) copies
accompanied by:
a. A surety bond in the penal sum ~f $2,500, issued by a
company authorized to issue such bonds in Florida, conditioned upon the
operator complying with each provision of this Ordinance and subject to
forfeiture under the terms -provided.in Paragraph 8 hereinbelow.
b. Evidence o~ current public,~iability insurance coverage,
issued by a company authorized to do business in Florida, in the
minimum amount of $100,000 for anyone person and $300,000 for,any one
incident.
c. A non-refundable fee of-$250.00.
d. A current occupational license issued by the Collier'
County Tax Collector, and
e. Including the following information:
1) The name and headquarters addressees) of the carnival
or exhibition company(ies) with a direct or indirect'financial
interest; name(s) and addressees) of any sponsoring organization(s),
and the name and local address of the applicant representing the
carnival or exhibition company(ies);
. 2) A description of the every activity to be conducted
such as but.not limited to, menageries; circus and side-show
performances; amusement, merry-go-round and other ride activities; food
. and drink d1spensing faciliti:.es; booths for conduct of games of "skill
or chance not'prohibited by State law to be open to the public tor an
admission or.participation fee and nwnber of,persons to operate,the
activities; .,
each person
3) Name, identification and soc~al security number of
accountable for the operation of each activity; '-
4) A description and sketch of the site showing the
each activity proposed, the location.and number of 'sanitary
parking facilities, and provision for lighting and public
location of
facilities;
water;
concluded;
5) Application for Food Establishment Operating Permit
county Health Department' as required by Ordinance 74-45.
6) The plan for refuse, garbage, debris, and sewage
during and after operation of the circus or exhibition.
7) provisions for traffic control, fire safety and
precautions;
8) The date and time.each activity is ~o be conducted and
from the
disposal
security
9) written approval from the owner of the property
authorizing the use of his premises for - such carnival activity. ~_..":_ "vv -.
_. ...... 10) .' Legal description of property to be utilized. :'j~i
I~G'J 0 9 1999
.CARNIVAL PETITION APPLICATION
~ I'~~
COLLIER COUNTY GOVERNMENT
EMERGENCY SERVICES DEPARTMENT
EMS 1 FIRE
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8459
FAX (941) 775-4454
A CERTIFIED BLUE CHIP COMMUNITY
Junc 15. Il)l)l)
Ann Ward. Director
Collicr County Fair Board
7S1 :\')'1> Avcnue NE
Naplcs. Florida l~ 120
Dear Ann Ward.
Emcrgcncy Mcdil.:al Services will be happy to agaln provide Paramedic Advanced Life Support cO\erage
for the Collier County 2IH)() Fair. It is om understanding that thc fair will mn from January 7'1> through
January IS'h We would appreciate a calendar. indicating the hours of coverage needed cach day, two
weeks before the Fair's start date. We are dedicated in doing om part to help thc Fair Board achic\'c a
successful and safe 200() Collier County Fair.
Best Regards,
/l
:;;...'v/ ;.1/
.f V~ --r-
JcIT Pagc. Chief of Operal ions
pslJP
r.~,.'_---_-.r . T""""'-,. ,....""""'-.-
i':';~' ..)A IIE.M
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i t~~'J 0 9 1999
I PI. b
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BIG CORKSCREW ISLAND
FIRE CONTROL & RESCUE DISTRICT
June 21, 1999
13240 ImmokaIee Road
Naples. Florida 34120
(941) 348-8006
(941) 455-1204
To The Collier County Fair Board:
This letter is to confirm that the Big Corkscrew Island Fire Control & Rescue District will
supply fire protection services for the 2000 Collier County Fair.
All applicable fire codes will have to be enforced and adhered to for the safety of all
concerned.
The amount of donation requested for personnel and equipment $100.00 per day.
If I or my staff can be of any further assistance, please call (941) 455-1204.
Sin, ':L Q ~~L
- ank O. Kovarik, Fire Chief
I N~~~
I r~G'J 0 9 1999
, Pg. 1
P.Ol
~~~~~? _"~ ~o__ 0..1__ ~~!.. 0 I
SERVICE. AGREEMENT
NON ~ROOU~. WAST!:S
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Jun-24-99 02:39P
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~TE ~.HAGEMENT OF COLLIER COUHrY
.. EXCHANGE AVI.
; . ""'NAPLES. 'n-M1Q4 ..'
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~DDRESS
,CCOUNT
JAME
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CUSTOMER ACCO~NT NO:
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EFFeCTIVE DATE
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EQUIPMENT/SERVICE SPEC'IFICATIONS
Clwve<..
Sdlellulit & !101M He.
lol/lo'I,_ ..... WH. lllur Fn..- 911 SUIl,
__ "lllJI. Wt4 Tnur FtI SIt &....
HOI\ _.... ~. _ ':~!"""" ':'".::.=:.~=- ~ur.
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$
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$
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$
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$
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,~ NUMBER.. _..
;CE,Pf REOUIRED? !:J.. (Y/N!
-XABl.E ~ I Hi I
BIU TO ACCT ,
OISPOSAL SITE
IE UNDERSIGNED INPIVIDUAL SIGNING THIS AGREEMENT ON BEHALF
: CUSTOMER ACKNOWLEDGES THAT HElSHE HAS Ape AND
mERSTANDS THE TEAMS AND CONDITIONS OF THIS AGREEMENT,
-l REVERSE SICE. AND THAT HElSHE 'HAS THE AUTHORITY TO SIGN ON
:HALF OF CUS].OMER.
IQlaJ
Sorvlc8 Ct\argc per Month $
C85tertlllocks ...._._. _.__, .___..__ _ $
Extra Pi4?ko\,Jf'l C1lQrgolll
Pe' WII..____.._ ,_ S
PerYard .."...,...".._.._.___.."".S___ .__
Per Ton___.______._S
H.uh~ ~ Loec_.._._._._._. $\ ~q , 0
OWpoul pe-Loac_ . $ ~L?,f.D.
Total per LoacL________.___..___ $
D91,W1ry Chatgll.. _._,. ._._.. .__...__._ $
Sohe<lu~ Charge, $ -..
RerncMII Charge_ ".. . $. _._ __.. .
i-~' :: ~."r~' ::"c :f~:.2:~t:.:< '..;. :::';:'
TERMS: NET 10 DAYS
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i
NOV 0 9 1999
PI. ~
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES
TALLAHASSEE
(850) 487-4322
No: 9912
FAIR PERMIT
September 15, 1999
Application and payment of fee in the amount of $275.00 having been made to the
Florida Department of Agriculture and Consumer Services pursuant to Florida Statutes
616.15, for a permit to conduct a public fair or exposition, and having been determined
to be qualified by the Department, this Fair Permit is hereby issued to:
Collier County Agricultural Fair and Exposition, Inc.
751 39th Avenue Northeast
Naples, Florida 34120
to conduct a public fair or exposition at: 751 39th Avenue Northeast,Naples, Florida for
the dates of January 7, 2000 through January 15, 2000.
1M~
BOB CRA WFORD
COMMISSIONER OF AGRICULTURE
Form 420608-099
1/93
AGENDA ITEM
No./K!) I
NOV 0 9 1999
pt. q
TAX EXEMPTION CERTIFICATE
Having been shown proof that the Commissioner of Agriculture has issued Fair
Permit No. 9912 to
Collier Count v Aqricultural Fair and Exposition. Inc.
Name of Fair Association
under Chapter 616, Florida StatutesJ this TAX EXEMPTION CERTIFICATE is hereby
issued to:
Jim Murphv
Name of Owner
d/b/a Mighty Blue Grass Shows
Trade Name
2032 South 51st Street
Address
Tampa
City
FL
State
33605
Zip
This Certificate exempts said traveling show from payment of all Occupational
-T..Jicenses while operating traveling shows, exhibitions, concessions and other
lmusement enterprises as defined in Section 616.12, Florida Statutes I in
connection with the fair conducted by the above named fair association at:
751 39th Avenue Northeast
Place of Performance (Street or other location)
Naples
City
Collier
County
01/07/2000
Opening Date
'1,- /7. 9CJ
Date of Issuance
County
INSTRUCTIONS:
Execute in quadruplicate as follows:
White/Applicant
Yellow/Tax Collector
Pink/Sheriff
Gold/Dept. of Agriculture & Consumer
Division of Marketing & Develo
541 East Tennessee Street
Tallahassee, FL 32308
Services
" ITEM
No.LI(!lL
NOV 0 9 1999
pt. II)
Form 06-102
11/94
PRODUCER
913-432-4400
DATE IMMIDDIYYI
08/17/99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OP
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV\
COMPANIES AFFORDING COVERAGE
Haas & Wilkerson, Inc.
PO Box 2946
Shawnee Mission, KS 66201-1346
COMPANY
A
National Fire Insurance
INSURED
Collier County Agricultural
Fair & Expo.
751 39th Avenue Northeast
Naples FL 33964
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
lTR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE POUCY EXPIRATION
DATE (MMIDDIYYI DATE CMMJDDIYY)
UMITS
A ~ENERAl UABIUTY
X . COMMERCIAL GENERAL liABILITY
'---- CLAIMS MADE 0 OCCUR
: I OWNER'S & CONTRACTOR'S PROT
~
H
C133998752
8/15/99
8/15/00
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
PERSONAL & AOV INJURY
EACH OCCURRENCE
FIRE DAMAGE IAny one firel
MED EXP IAny one personl
5000000
1000000
1000000
1000000
100000
5000
~OMOBILE UABIUTY
I i ANY AUTO
~
H ALL OWNED AUTOS
I SCHEDULED AUTOS
~ HIRED AUTOS
R NON.QWNED AUTOS
COMBINED SINGLE LIMIT
BODilY INJURY
IPer person)
BODILY INJURY
IPer accidentl
PROPERTY DAMAGE
I $
GARAGE UABIUTY
c-;
I I ANY AUTO
H
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE i $
EACH OCCURRENCE
AGGREGATE
~ESS UABIUTY
U UMSRELLA FORM
! ! OTHER THAN UMBRELLA FORM
; WORKERS COMPENSATION AND
i EMPLOYERS' UABIUTY I
: THE PROPRIETORI INCL '
I PARTNERS/EXECUTIVE
I OFFICERS ARE: EXCl
OTHER
OTH.
ER
El EACH ACCIDENT
El DISEASE - POLICY LIMIT
El DISEASE. EA EMPlOYEE
DESCRIPTION OF OPERATIONSILOCATIONSNEHIClES/SPECIAlITEMS
State of Florida-Bureau of
Fairs & Expositions
3125 Conner Blvd Bldg #4
Tallahassee FL 32399-9973
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElLED BEFORE THE
Haas & Wilkerson, Inc.
.. ..u ..'u...u.u.u....u913~4i2~4400.uu.uuu THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
.......,-,... ,--_. - .. -,..
..................."................
i:i~:: ACORD,,.
PRODUCER
PO Box 2946
Shawnee Mission, KS 66201-1346
COMPANY
A
National Fire Insurance
INSURED
Collier County Agricultural
Fair & Expo.
751 39th Avenue Northeast
Naples FL 33964
COMPANY
B
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE POUCY EXPIRATION
DATE (MMIDDIYYI DATE (MM/DDIYYI
UMITS
A GENERAL UABIUTY C133998752
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
OWNER'S & CONTRACTOR'S PROT
!
8/15/99
8/15/00
GENERAL AGGREGATE
PRODUCTS. COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE IAny one '"el
MED EXP (Anyone person I
5000000
1000000
1000000
1000000
100000
5000
~UTOMOBILE UABIUTY
I ANY AUTO
ALL OWNED AUTOS
I SCHEDULED AUTOS
,~ HIRED AUTOS
r NON.OWNEO AUTOS
~- -~--------- -_.'--
I '
COMBINED SINGLE LIMIT
i $
BODILY INJURY
IPe, personl
BODILY INJURY
(Per accidentl
PROPERTY DAMAGE
I
~RA. GE UABIUTY
U ANY AUTO
EXCESS UABIUTY
UMBRELLA FORM
I OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' UABILITY
AUTO ONLY - EA ACCIDENT ! $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE I $
EACH OCCURRENCE
AGGREGATE
I
~
I
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE,
OTHER
RINCL
EXCL
EL DISEASE. POLICY LIMIT
EL DISEASE. EA EMPLOYEE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Certificate Holder is named as additional insured on the commercial
general liability policy, but only with respect to liability arising
out of the named insured's operations.
WIU ~EA~~ ~AIL
l DER NAMI'O FT ,
Collier County Government
Board of Collier County
Commissioners
S OB:stti:a:~~E
COME TO THE FAIR
General Admission:
12 years & older - $6.00
6 - 11 years - $2.00
5 years & under - Free
Parking - $3.00
Ride Coupons .60 each
20 Coupons for $13.00
Armbands $13.00
HOURS
January 7 - Friday
$1.00 ofIper person with canned good
5:00PM - 12:00 Midnight
9:00PM - 12:00 Moonlight Magic-
Annbands ($13.00)
January 8 - Saturday
$1.00 offper person with canned good
12:00 Noon - 12:00 Midnight
January 9- SWlday
$1.00 off per person with canned good
12:00 Noon - 11 :OOPM
Armband all day ($13.00)
January 10 - Monday
5 :OOPM - 11 :OOPM
January 11 - Tuesday
5:00PM - 11:00PM
Armbands ($13.00)
January 12 - Wednesday
5:00PM - 11:00PM
January 13 - Thursday
5 :OOPM - 11 :ooPM
January 14 - Friday
5:00PM - 2:00AM
11:00PM - 2:00AM Midnight Madness
Armbands ($13.00)
January 15 - Saturday
12:00 Noon - 12:00 Midnight
Senior Citizens Day
ALL TENTS CLOSE AT 10:00pm
BOARD OF DIRECTORS
Stevie Gibson
Don Jolly
Terry Wolfson, President
fun Mansburger, Vice-
President
Pat Cookson, Secretary
John Yonkosky, Treasurer
Lou Hoegsted, P. President
Toni Horne
Ronnie Edwards
Raymond Holland
Bill Hartter
Jo Selvia
Jeanne K. Warford
Tina Osceola
Bob Schank
Dixie Sharpe
Mary Lou Weiss
Lynn McMillin
Duane Wheeler
Ann Ward- Fair Direc
AGENOA ITEM
No. /'0 I
NOV 0 9 1999
Pi. '/..3
.
'~r-:."":'
.'
. .~
:[lli~:~~:l~\~~
11\,' , . I
:1\'11 ;,.;.1
P!~:"IC \'.'C;;!:,~
-.
.. .'.'
LEASE ACREEMENT
. .
~ .
".,
I.
.."" .. .
.;
'. of ......:'
'. '
C(i' .
A.... .
nns LF.ASE ACREEMENT is anured iDto this 1/1:::da'l of );'41l'
1966, betveeD the COLLIER COUNTY FAll AND ACRICULTURAL EXPOSITION, INC.,
hereina! ter referred to .. "LESS!.E". and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COOHTt. FLORIDA hereinafter referred a.
"LESSOR", and sets fortll the ter1U aad conditiona for utlluatlon of
property located in Orangetree, aka Korth Colden Cate. for the purpo.e of
operating a fairground f.cl11ty.
WIT N E SSE T B
ARTICLE 1.
Dem.ised Prem.iseI
In consideration of the par=ent of renta. service. to the community
and facilities provided for community use and the perfot'lUnce of the
covenants 'here1Daftt!r set fortll, LESSOR hereby le..es to LESSEE and
LESSEE hereby rents from LESSOR the property described in Exhibit "A".
.'tuched hereto and cade a part b.en~f. and hereinafter called the
"Demised E'rel:lisu", situated in the County of Collier and State of
florida, for the purpose of operating afa.irgrouadfacUity. consistent
\iith the North Colden Cate P.U.D. docUllent as recorded in the Official
Records oi Collier County, Official Record Book 11S0, Pages 1561 through
1599. This purpose 1s to be conddered a recreational faciUty by the
Co~unity Oeyel~pmer.t Division of Collier County.
ARTICLE 2.
TeI"lll 0 f Lease
To have and to hold for a term of fifty (50) years.
to c:ollllllence
Januarv 15. 196i and to terminate on January 14. 2037.
ARTlCLE :3.
Minimum Rent
LESSEE hereby covenants and agrees to pay a8 rent for the De1llised
Pre~ises the suo of One DollRr ($1.00) per annum. all of vh1ch shall be
cue ane ?ay,~ble 1n advance on the date of execution of this Lease
A~reelllent by LESSOR.
.."
ARTICLE 4.
LESSEE'S Default 1n Pay~ent
G,~
.. '-
I.GENOA IT[M
No. / I(fJ I
NGV 0 9 1999
Pi. 1'1
In the event LESSEE feile to pay tha rent.lll. Ceell. or charg.. a.
required under the provlaio08 of thi, L~alle Agreemeot, .uch f,llura to
pay ahall const1tute a default and LES~OR may. at ltu option, tarminata
thh Agree1llent after ninety (90) days writteo notice to LESS!!, unl...
the default be cured within the not lee period.
ARTICLE 5.
Modlficatlona to Demiaed Premisea
Prior to asking any changes, alterations, additions or iDprove.eat8
to the Demised Premiaea, other than thoae shovn aod described io the .ita
plan attached. hereinafter referred to aa Exhibit "B". attached hereto
aDd ..de a part bereof. LESSEE viii prov1de to LESSOR, ia writiag, all
proposals and plans for alteratloDa, improvements, changes or addltioaa
to the Demiued Premises for LESSOR' S vrittl:n approval. specifying the
nature and extent of the deslred alteration. improvement, chaog.. or
additiot:. aloog with the conUllIplated starting' and completioD t1Jle for
sucb project.
LESSOR or ita designee will then have thirty (30) days
withu which to approve or deny in vrltlng ssid request for chauge..
t.prcvementa. alterations or additions. If after thirty (30) days there
bas been no response frOlll LESSOR or its desigoee to said proposals or
pJ..an.. thell such silence shall be deCllled as denial to such request of
LESSEE. If upon obtaining vritten conaent and commeac1l1g said change..
alterations, additioos or 1.proveo~ntl, LESSEE fails to complete its work
vithin the -completion time .as approved by LESSOR, LESSOR may at its
election complete said changes, i~provements. alteration6, or additions.
If <<ny costs are incurred by LESSOR as the result of LESSEE'S failure to
begin. start or complete the proposed project snd by LESSOR'S completion
of the proposed project, then upon decacd and within thirty (30) day.'of
the delll.and. LESSEE shall pay to LESSOR the aalount of cost incurred by
LESSOR. No election to perform by LESSOR shall conatitute vaiver oj aDy' ,
.'
covenant or obligation of LESSEE or sny future default.
LESSE:: covenants and agret's in connection \lith any 1ILD1ntenllnce,
repair ~ork. erection. construction. i~prove~ent. eddition or Alteration
of any authorized codificat10n~. additions or icprovements to the Demised
Preoiscs. including those described ..nd shovn in Exhibit "B", to ob&erve
and coopl)' \11th all pfeOlcnt,. and future 1""'8. ordinances. rules,
resulations. <<ad requirements of the United Statee of AmeriCA. State of
Florida. County oC Colller. and any and all &overnmental agencles.
;:
--
...GENDA 1TE.\4
No.Jb(fJ) I
NOV 0 9 1999
Pi. K
All alterstloa., improvements, and additions to said Demised
Pre.lses shall ba ..de In sccordance vith all applicable lava aDd shall
at once, vhen ..de or iastalled, be deemed aa attached to the freehold
and to have bec~ property of LESSOR sad .ball re..la for the beaeflt of
LESSOR .t the ead of the terma or other expiration or termination of chi_
Lease in a. good order &ad coaditioa aa tbey vere when in_talled.
. reasoa.1ble vur aad tear excepted; provided, bowever, 1! prior to the
te~ination of thi..Lule, or within ninety (90) day. thereafter LESSOR
60 directs, LESSEE shall prolllptly remove the additions, improvementa,
alteratioas, fixture. and installations which were placed ia. on or upoo
the Demised pre.iaea by LESSEE &ad vhieh are designated 1n laid notica.
and repair aa1 damage Dccaasioned to the Delllised precdles by such removal
and in default thereof. LESSOR. ..y effect said removals and repairs at
LESSEE I S exper18e. .
ARTICLE 6.
Acee.. to Demised Premise.
LESSOR, ita duly authorized ageata. repre8eotativea and elllJlloyeu,
shall have' fhe rigbt, after reasonable aotice to LESSEE, to eater 1llto
and upon the Dea1aed Premia.. or aar part thereof at all reasonable bour.
for the purpose of ..king repairs aad for the purpose. of iaspection for
compl1aace with the provisiona of thia Lease Agreemeat.
ARTICLE 7. AsBiltDlHDt ad Sublettiag
~ ,-~,~;",=,"'~...~~~.r...:.-'.m:""r,.,~~:r ::-"'!"":'i"~. -'V.. ""_~.1.,_.~...
~~~~-'c;.s~__"4:};'..Ii.!fA:::t{a~ii .:, U~ ". .....ic,ath1.s '.' A&r.e~eDt. ~r. .~1.. ~art
. ~",,"'-", - '._~"'~"'''''';'-'''''''~ . '.. - ...~.." '.". .;.....;......:.~~....:;';..-..~.. -'.
thereof,vlthOu~_;'pdor:'~vTlttea ::coaaent,.of.'LESSOR.' except'" . otherwise ;-"
.' -' _,:......."*;~t(r".:..:..:. :._~:;_ ._. _,;...,..~':....... .~. "" ...>" '" ..ro.
. . provided her~..iJ1_':~~,:- ._
LESSEE .hall have full rights and responsibility to contract for the
performanc:es, concessioas Gnd uses vhich are to be conducted at the
Demised Premises. . In the evellt that a perfOt'1ll.&llce. activity or use
requires thot LESSEE sublet the Demised Premises io vhole or in part~ for
."
a period UCeeding~!~~~lJ6."';l~~hs, or any consecutive s1:< (6) lIIonth
.\'~-:.~.s'.11\.~....cG~ '
teros, such sublet shall be subject to the terms and conditioDs of this
^greeceat and prior VTitten;ap~io~l~tilr~~~~~, which approval shall not
.-- . .
be reut'nably vlthheld ,,":"s~bi~-~'6~~" f~r': i'; p;'a~d 'ie~s' th~n dx (6) ~Dths
~::., :. '. :....... '\.... . . . ~... .., ...
, " ..' " . . ~ , . . I -.... , ...-......' " . '. ......... .,. .'" . ;" . '.. ~ -:. 1 .
'shall ,~~ 6ubJ eet . to:, ~h~I.t.e'~..'.nd "condl~lons .of th1B -Aguelll.nt but shall'i
, \lot 'require' p;l~;'.:';~~i';;~~t.:'~f '-th~'iESSOR: ',~
. '. ,. .' ~, . . . .. -' " - . .
J
.....
'.,
'.'
:."t
AGENDA ITEM
No. /f(#J I
NOV 0 9 1999
PI. /,
ARTICLE 8.
Haiotenance
(
LESSEE ahall. at ita .011 COlt .nd Ixpenle, k.ep the D.al..d
Premise. clean, attractlve .nd ia load condition at all t1m... If said
Demieed Premlaes are aot kept c1.aa, attrActive aad ia load conditioa in
the opinion of LESSOR, LESSEE'S aaaaler vU1 b. 10 adv1ud ia ,,",ttiag.
It corrective actioa i8 aot takeD vitbiD f1vI CS) dayl oltbe rece1pt of
auch Dotice, LESSOR ..8Y caUII tbe ..me to bl cleaaed and corrected and
LESSEE shall assulIIe and pay all aecn.ary cOltl aDd Iuch costa .hall
constitute ~dditional rent which .hall be pald by LESSEE vlthia ten (10)
day. ot receipt of vritten notice of cost. iDcurred by LESSOR.
ARTICLE 9. Indemnity aod IasurancI
LESSEE CODvenant, and asreel that it v1l1 defead, protect and save
and k.eep l.ESSOR forever hara1uI aad 1adelllD1fied' ap1a.st and fra. any
penalty, dacage, injury costa, or charge. 1JIposed ~or any violat10a of
any la\l or ordinance, vhether occasioned by tbe Deglect of LESSl! or
those holding under LESSEE, and that LESSEE v1l1 at 811 t1_1 defead,
,"
protect, inde~ify Bnd save and keep hara1ess !.ESSOR ap1aat Ind from all
(
~
clal~. loss. injury, costs, da..ge or expeaa. arisiDg oat of or frOll any
accident or other occurrence en or about tbe Deused Premi.es C'USiDS
injury to any person or personal property vbosoever and whataoever,
during the term at this Lease or &D1 axtenaioD hereof. Tha LESSEE agrea.
to take cut and ~1ntain with. reputable insuraace compaDY, at it. 80le
cost and e~pense, public liability insurance against property damage or
personal injury arising out 'of or graving out of the use of or occurring
on or about the Den1sed Pre~1se9.
The.....US6EE llhal1"....~C-'flu .....J.uL....... "..........~ '-II" .....,......-ot~is
agreeillrnt "'c'oiniirehen'&1v'e~Ue~.tIItIt!
~l1y
injUTyYand'--Prtlperty'" damap"""1U"""aii' ........d..--60..~~ ;1. .. ........aiy~.d .....
.... -.
Thousand Dollftt'S. ($500,OOO~OO)"'cotilll'rr::r'''~h -l;;u~~~fi";other '
aoounc .of..1011urance or-c089'tehenll"....,.~1-'t.-tabil.....ty.o..>cava.rq. :,.for
Collier County to be l'rovldei3'-"'y;tF.SsfE"":.ars'f~iWN...'<<1tcIr.'T.qa.ired by
LESS<1~'S .1Us): !-l3oaie-mint"1l'e"P4~rt~e"'irt~~'Dt"th~ herdnj;t~'~'~"',:~r;;.l
illl;unnc.' covet'llge is '-~n6f-'co_n-nnl.,...mh.'~ In any event, the
amount of procec~lon a(Cotd~d Collier County by LESSEE ahall continually
reflect a IItllndard coverage amount as required by the LESSOR'S Rhk.
4
~>----~~.....~
_. AGENDA ITEM
No.//llJ1
NOV 09 1999
Pg. /1
Hanage.ent Depart.ent, durlng the course of thia Le... Agreeacat.
Collier County .hall be 11sted aa an addltional lnaured OQ ..1d policy.
All in8urance pollclea required .bove .hall be isaued aad vrlttea with
a co.peny or co.panies authorized to engage 1n the bll.in... of Claera1
liability insurance in the State of florida and authorized to do bu.in...
undar the lsva of the State of Florlda, wlth the follovlaa qllallflcatloa.
.. to ~nag..ent aDd financial .trength:
The company must be rated no le88 thaa "A"
a8 to financial reting in accordance with
the IBtest edition of Best'. Key Rating Guide
published by A.M. Be8t Company, Inc.
~eott..r""'~o'.,u:sSOi.->~~....... _ _.~1'1i~ 1 II"
(t'I~..~bf.n,b- Af 1"1UI~1U:l~~)... prior.. .to_.,;!l~~~s..~anc,. of t.he D..ued
P"-W'. '';j:,4~'U'ri (~~)ltUl. .ah.&ll._.cl~,-,.~24tr!'.t. \1"" .."iA..",.. 1nI'i~
paf.d. .~........_...aad-c:h.t -LESSEE-..ba..-obCle1tNd""h..Il........", b. - _,pe,
.lIlo.......I. .... -:J....~c:t.oD....a.s--..requic.d_.i_-<...tt_..
......~t'-
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LESSEE agrees to lll4ke no changu, or cancellations of the
insuranca vithout thirty (JO) days prior vritten 110tice to LESSOR.
LESSEE shall also ensure that the insurance coverage provided 10
Ilccordance vith this Lease shall requl re that the cOllpany or cOIIpaa1..
writing such insurance policy .hall provide to LESSOR written 110tice of
cancellation thirty (30) days prior to the proposed cancel1.tioD. LESSOR
reserves the right to reBsonably allleod the insurance requireHnts by
issuance of notice in vriting to LESSEE, vhereupon receipt of such notice
LESSEE ahall have thirty (30) daya 111 which to obtain such addltj.oual "-
.. -.
, .
insurance. )'
If LESSEE cannot obtain required insursnce a8 stated herein for a
period not to exceed three (J) consecutive years, LESSOR _" at it.
optlon, tet1llinate this Agrelllllent after thirty (0) daya vr1tten notice
to LESSEE, unless the default be cured vithin the notice period, Uuder
no circu=st~ocr ~y
LES?b:.:
any
capacity on the Delli.ad
in
operate
Pre.ilu until such tiCle the required lnaurance has b..n provided to
LESSOR.
.5
AGENOAiTar-
No. /10) I
NOV 0 9 1999
pt. If
ARTICLE 10.
Utilitiec .nd Servlces
All utilities and "["'lieu, including initial hook.up. of vater,
uptic aad electricity ehall be the ruponll1bl1ty of the LESSEE. LESSEE
.hall be re.ponsible for the direct payment to the appropr1.ata cOllpaD)'
for all ut1lities and aervicu supplied to the Demised Premhea. llbell
auch utllitiu and services are nanable LESSOR aay require LESSEE to
hook up to public vater and sever lines at LESSEe'S e~pense.
ARTICLE 11.
Joint Use of Dellised Premlses.
LESSEE agrees to allow LESSOR, at 00 cost to LESSOR, to use D~s.d
Preaise., vhen DOt occupied b, LESSEE. Such uses aay 1nclude, but are
not 11adted to,. 4-8 activlties, recreatlonal programs &Dei educatioaal
uses. Prior to schedaling of events, LESSOR shall prov1de to LESSEE in
vrlting a propolCd IIcbedule and event tor LESSEE'S vritten approval
specifyiag time and event to tske place. LESSEE or lts designee v1l1
thea have thirty (30) da,s vithin which to approve or deny in vr1.ting
said requelt for use of Demised Premises.
If sfter thirty (30) days
there has 'b~ell no responae frOlll LESSEE or its designee to uid request,
then 5Uch sUence shall be dee.ed as denial of such request of LESSOR.
LESSEE shall not unrea.sonably vitbhold its consent to such requelted
event or schedaling by LESSOR. LESSOR vlll in no wsy coaflict or caEpete
with LESSEE~S activitiell.
LESSEE agreu to sllow Collier County Agricultural Depart:nent to
plant trees on Dezaised Prell\ises. Areas shall be agreed ujlon by both
parties prior to allY planting on Demised Preo!sca. Collier County
^&ricultural Deparement assumes full responslbility for the =aintainaace
and care of said trees. These trees are to be used for the jlurposes of
research and study.
l.ESSOR agrees to allov the LESSEE: to use all or part of the park1.n~ ......
Cad.lit1es Ilnd roadways constructed on the adjacent. County-o\lOed lands
during the regularly scheduled Collier County Fair. except 1n the
~1tuation where fair parking would crcBte an undue hardship and
interf~r~uce with rebular business .ct1vlti~s on adjacent p[opert~e9, 1n
which cnse notice will be given to the LESSEE, 1n \lriting, by the l.ESSOR.
....
LESSOR and LESSEE ngree that the use of the Demised Prem16ti ahall be
Cor the benefit of the general public. To better serve the needll of the
r.tner~l rubllc, LESSEE Agree. th3t l.ESSOR say develop appro~i=ately fiva
s
. __.____:t~,-JI."M':"s.l...._
- ~Gt..NOA ITEM
HAJ/.(lIl.L
NOV 0 9 1999
PI. /q
(5) acru of the Deld,ed Prcghu with ncreat10aal facUities.
. .J: ~
. .J!""
Ths
---,'
exact 10catioa of the 'adUty .hall b. d.undaed by IIUtUal asr..8eftt
betweea LESSOR and LESSEE. Facilities ..a1 iaclude, but au IIOC lWted
to: tot 10ta. picnic facilltiel, park beache., r.atrooa facUitie.,
appropriate 11ghting, jogging paths, elld exere!.. statioas. LESSEE .hall
have control over the use of the facilities vith the uDderstandinl that
they are for the use at the general publlc. Said facilities ahall b. aa
extens10n at other Lnprovement. couatructed oa the Deaiaed Prem1les and
may be utili:ed, ~here appropriate, to support LESSEE'S activities.
LESSOR retains acce.s rights to enter UpOIl the Deal.ed Preaiaes for the
purpose of maintaining said recreational facUities. ADy vater reteation
area., as part at tbis recreational facility or aa1 part of the Dca1led
Premise. shall be constructed vitbio two (2) yeara fro. the date of the
execution of this Lease Agreement. LESSEE aad LESSOR ahal1 share eqaally
all malntenance costs at .aid lake, such ..1ateaaace .ball be perforaed
by the LESSOR.
Furthet'l:lOre twenty five percllDt (251) of the spoll
,.
telDOved fiC'lll theuke shall belong to and be used by the LESSOB.. All
spoil .hall be used 011 the Demised Prewdsea.
ARTICLE 12.
Defaults bv I.essee
failure of LESSEE to cocr1y with any provision or covenant of thi.
Agretment shall coustitute a default. LESSOR may. at itl aptian.
terminate this Agreement after ninety (90) days vrittea notica to LESSEE,
unless the default be cured vithin the notice period (or such additioaal
time as i. reasonably required to correct such defsult). However, the
occurrence of any of the folloving events shall coastitute e default by
LESSEE, and LESSOR may terminate this Lease Agreelleat notvithstandlng th.
provisions of Artlcle 12 herein:
<a) Abandonment of Demised Premises, revocatioa or diuo1ut1011 o~ "-"
charter,
.
or discontlnuatlon of LESSEE'S operatioll, except sa
provided for in hrticle 9 of this Agreement.
(b) f3151f1c~t10n by l.ESSEE or any officer or authori:ed agent of
LESSEE of any report r~quired to be furnished to LESSOR
pursuant to the terms of th1~ l.ease.
In the ~vent of the "occurrence of an)' of the foregoing dehultl 10
this Article 12, LESSOR, be.ides other right. and re..d1es it "1 have,
AGENDA ITEM
"No. //€'J I
NOV 0 9 1999
PI. 01/)
'..,,;--1'.
t.
.hall h.v. the tmmediate right to cancel thh L.... and nentar ~.l
I
reMOve .11 reraone aad property fron tha D'lIiaed Pre.ises.
ARTICLE 1:).
Defsult by Le.eor
LESSOR ahall In DO event ba charged wIth dafault 10 tba parforaaoce
of any of its obl1gatioaa bareunder ualus and untU LlSSOI .hall hava
failed to perfotTII .uch obligations vithia thirty (30) daya (or Rch
additional time as is reasonably requirad to correct sucb dafault) aftar
notice to LESSOR by LESSEE properly .pecifying wherein LESSOR baa failed
to perform any auch obligation..
ARTICLE 14.
Notice.
Any notice vhich LESSOR or LESSEE 118Y be required to &in to tha
other party shall be in vritinS to the otber party at the follov1ng
addresses:
(---
.
"-
Oddnd to:
Collier County Ksnager
Building "r"
Copy to:
Real Property Manage~eot Departmeot
3301 Tamiamd Trall East
Building "0"
Haples, Florida 33962
Collier County Fair And
Agricultural Exposit1aa, IDe.
P.O. Box 737
Naples, llorida 33939
ARTICLE 1.5.
Surrender of Premises
LESSEE covenants and asrees to deliver up and surrender to LESSOl
possession of the Demised Premises and any improvemeots to the Dca!sed
Premlses upon expiration of this Lease, or its earlier tera1aatloa ..
herein provided, broom clean snd 1n as good conditioa and repair aa the
same shall be at the commencement of tbe term of this Lea.e or ..y haTe
been put by LESSOR or LESSEE during the continuance thereof. ordinary
vear and tear and damage by fire or the element. beyond LESSEE'S control
excepted.
ARllCLE 16.
Condemnation Clauae
.~ '-"
.
If the vhole property of the Demi.ed Premises shall b. taken or
condemned by any competent authority for any public or quasi-public ule
or purpose, then in that event th1a Lease and the term of this Lease
hereof shall cease and ter:ninate as to the date upon which the title
shall v~st thereby in such authority aod the reot hereunder .hal1 be
appor~ioned ftnd paid up to.said date or the date io \lhich LESSEE'S
business i. ftSterially impaired, whichever is earlier.
s
,",--~\...,..:,,-_....:-...-~. ,~-
AGENDA 11' t:M
No. 11(') J
N8V 0 9 1999
Pg. ?Jot
(
(
c:::.
,\
_ ._ . _ J,f only a put of the Demiud Prelll1... .ball be .0 caken or
condelllDed, this Lea.. and tbe term of tbis Lea.e hereof shall not ce.se
"
or terminate, but the rent p.yable hereunder after the d.te on which
LESSEE .hall be required to .urrender posses.ioa of the part of the
Dem1.ed ?remi.ea .0 taken or coed elIDed .h.ll be reduced proportionately
a. of the date of auch cODde~atlon or date in which L~:SZE'S bu.laea. i,
materially iapair&d, whichever is earlier. If the re:aiD1ng portion of
the Demi.ed Premi.e. ia not sufficient for the operatiOD of LESSEE'S
busines., LESSEE ..y cancel this Leale by notifying LESSOR \lith1n ninety
(90) day. of tbe caking of .ll or portion of the Deciscd Preo1ses.
In the event of any such taking or condemnation 1n whole or in part
the eatire a\lard .ball belong to LESSOR v1thout any deduction therefrolll
in the value of the unexpired term of thi. Lease. or for any other estate
or iatereat in tbe Demiaed Premi.es now or hereinafter vested in LESSEE.
Furthermore LESSEE hereby assigns to the LESSOR III of its right6,
title .nd interest 1n Ind to Iny all ,uch award or .wlres ~ithout any or
all rigbt., estate, or any part thereof. Nothing here1~ conta1aed shall
be construed to per=dt the LESSOR to :alte app11cat10n or clll: or to
receive with respect to evard made for ~ving expense. I~ allowlace vlth
respect to trade fixtures and equipment belonginl to LESSEE.
Any re-construction required a. a result of any taltl~g as
contemplated berein shall be at the sole cost and expense of the LESSOR
if compensated by tbe taking euthorlty for sBld re-cocstruction.
Th1s Lease ahall be governed by Ind construed in accordance with the
laws of the State of Florida.
ARTICLE 17.
General Provisions
LESSOR and LESSEE recognize that Collier County (LESSOR) originally
acquired the Demised Premises through a conveyance by the Developer of
the Orange tree Planned Unit Development (formally kno~~ as North Colden
Cete) in accordance vith develop.eat commitmeQ~' applicable thereto. It
1a further racognized that the potential alvay. exiat. that the Developer
of the Oransctree Planned Unlt Develop..nt or .a.third party may litigate
....\.. ',~
. ." "',. ..:.~...:...;.,.t'S\l...relGt1n'"t~~qp""li~~e;.~~' ...~....:,,~:r'.t~~ro th-tDv.' '~.;.'.
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. .:. '. . '.:. '.,:'." "c';~::::,.:.:.':'P1anned Unit t>evdOptMDt (P!JP)::,~OC\"'i.nt.(\a~;:.~~:~b. ~~\n) II)' S tlem.. .~:\~\.
...... .. . doculllent). 1 t 11 tb~~~(ore".'i;.~~ hi' (is;~~~~~a:W~}~~'i\hat 1n t e cwi,~'o ft9'99'"
. ...,.:,.,...~:..',.;.\,,\. ,<,,, ~.\. '<,.........t\\&1: .l1tla&c1on b :1.1lJt1t\1ted'.b~.~~ff:t'or~_t:t"!j':rl'dl~t1 D .~t~J"~""~~~:~
, '.' ..' . "..i;~ '. ,.t.~~,~t.~..(..,,,,.' P '.:!1~'
'. ". ,.. '. g.. -
.......
such litigation result. In a require.cnt that Collier County (LESSOR)
'/-!'o
!"
r.convey the De~ised Pre.ises to the Developer, this leas. shall ba
tarainated immediAtely upon auch reconveyonce and LESSEE .hall relinqui.b
.11 rights in said D..Lsed Pre.ises.
LESSEE fully under.tands that the police and lav enforce.ent
.ecurity protection provided by lav enforce~cnt sgencie. for thl aboY.
referenced Demised Pre~ises ls limited to that provided to any other
bUliness or sgency situated in Collier County, and acknowledges that any
specisl security messures deemed necessary for sdditional protection of
the D~sed Premiftes Ihall be the lole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itaclt, its successor and as.igna, to
refraiD frail any use of the Deailed Premisel vhich vould iDterfer. with
or adversely affect the operation or maintenance of LESSOa'S standard
operations on adjacent property or where other operations lhare co..on
facilltie. under one (1) roof.
LESSEt,Olhall not commit, or allow to be cOllllllitted, any wasu on the
f
.
I
,
Demised Premises, create or allow any nuisance on the Demised Pr~les or
use or allov the Demised Premises to be used as any unlawful purpose.
LESSOR Ihall not be required to turn1sh the LESSEE any facilities or
8erv~ces of any kind vhatsoever during the term of this Lease, 5Uch aa,
but not limited to, vater, electricity, light and pO\ler, gardendag 4Dd
outdoor caintenance. LESSOR shall not be required to cake 4DY
alterations, rebuildings, repl2ce~ents, chdnges, additions, improvements
or repairs during the said term of this Leaae.
The LESSEE viII not incur any indebtedness giving a right to a claim
of lien on the Decised Pre~ises or upon the LESSEE'S interest under the
Lease. The existence of any such claim of lien for a period in excels of ,
.... -.
sixty (60) days after \lrltten notice thereof to LESSEE or sL~tr (60) days
after knowledge thereof by LESSEE. shall const1tute a material breach of
this Lease. Upon kno~l~dge or notice LESSEE shall have said cl.im of
lien re~oved of record vi thin s1xty (60) days by paying or booding same.
LESSEE viII cause to be [iled a Notice of Commencement shoving LESSOR and
rarties to receive notices under the Mechanic's Lien Lav. All contract.
m.de by the LESSEE for alteration. improvements, r.con~truct1on or repair
10
. '
. ~..fh'~-.J'-wr,,",- ,..""./10......-.....-
AGENDA ITEM
No. /1#) /
NOV 0 9 1999
PI. .!1.3
/.-.....
l..
'-4/'~'
of the Deat.ed Pre.i.e. Ih.ll be .t LESSEY,'S expen.e, aad the product of'
the work .hall become a part of the Demtsed Pre.tees.
A lendiog 1n5titutlon or b.ak, authorized to do bu.lne.. ln the
St~te of Plorid., ..y .ucceed to the risht. of the LESSEE in . pledge of
credit and viII not constitute a def.ult uader thll Le..e.
Upon comcenceaent of the Iaitial term of this Le..., LESSEE .ball
oper.te . fairground f.cility .. de.cribed above on the Deai.ed Pr..iee.
ln a bUIlaeselik. sod reputable ..aner'
LESSEE covenaats and .gree. not to Ule, occupy, .uffer or perait
sald Demised Pre=ise. or .ny p.rt thereof to be ue.d or occupied for .ny
purpose other than described above.
ARTICLE 18.
Effective D.te
Thia Lea.. Agreement ,hall become effective upoa execution by both
LESSOR and LESSEE.
IN WITNESS WHEREOF, the p.rtie. hereto have bereuDder let forth tbeir
hand. .nd .8'~als.
AS TO THE LESSOR:
\\' ""..' ~ ......:.. ....
~.,~ ';,\)."Ii.~ 0,: .
ATI_51:': .." ..... ,..
:~~~.:.~ES: '.c~.~~~.~ . ,
Ai'~.)1~
f~\\~': /?1V~ .
AS..TO "t;ES.SEE:' .......::
...... ~.~...,:....:...:" .
DATE:..'...!..
BOARD OF COlINTY COHKISSIONDlS
::~Z;;~L
KAX A. HASSE, JR., Ch n
As to LESSOR
!.A:~;,
~OE SEl.VLA, Secretary
COLLIER COUNTY FAIR AND
AGRICULTURAL EXPOSITION,
INC.
~.
By: 0..... "'c.,~C..K~
/).TIM 0 CONNELL, President
-/ A. to LESSEE
.~
(COR.FORATE SEAL)
Approved as to tOri! and
legal sufficlency:
11
.....
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A~i;:S~7iTEM
No./IflI) I
NOV 0 9 1999
Pg"
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ant:. '-..VLLICI\. \..VUI'l1 a n"'"A'-'-A....-&'U..... a 'U&~
and EXPOSITION, INC.
(!
(omcar
(H.ty
ftair
II. Display Booths
A. Red Cross
B. Ham Radio
C. Mental Health
D. Animal Care
E. Civil Defence
III. Exhibits
A. Agriculture
B. Livestock - 4H/FFA
C. Horticulture
D. Arts
E. Crafts
Co1lier County ,Fair
751 39th Avenue N.E.
Naples, FL. 33964
(813) 455-1444
F. Home Econimists
G. Military
H. Emergency Medical Services
I. \lomen's Club
J. Petting Zoo"
F. Hobby
G. Culinary Arts
H. Canning
I. Clothing
J . Ornamental
V. Concessions, Local Clubs, Organizations & Professional Groups
A.Hot Dogs
B. Hamburgers
C. Sodas
D. Hero Sandyich
E. Candy
F. Cake
G. Ice Cream
H. Foreign Foods
I. Fruit
AGENOA ITEM
No./If!) I
NOV 0 9 1S99
pg.~6
ACCOUNT
NAME
SERVICE ., S , ~....J
ADDRESS Nt,
CIlY,ZIP ~O~\ ~S I \=L.,_
COUNTf ._
TeL..- U5S-- \~~FAXt. US5=-- ~'101
C()I,'ACT 0- "'\'\
EQUIPMENT/SERVICE SPECIFICATIONS
.Jun-24-99 02:39P
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SERVICE AGREEMENT
NON HAZARDOUS WASTES
WASTE MANAGEMENT OF COLLIER COUNTY
.t5OO EXCHANGE AVf!.
. ., NA?l.U,FL 34104
(Ml) ~22U . '(Ml) 64NG44
I,' .- "I;' .....
;'''\..''''
BILLING
NAME
BILLING
ADDRESS
CITY ZIP
COUNT'( __
Ta. ,_
CONTACT
P.02
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No.0224000
CU5TOMeFt ACCOUNT NO.
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REASON, CQDE:
EFFECilVE DATE
FAX'
\(JI.;
~lRolr...No.
Cllalgt(s)
1I100U'\ :-
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Fn. 61.1 5..... $
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1uli .~. l~J' FI', !:Jil Sur $
T-.o'.,.- .~_ "'~~r. $.~. ~.... $
Thu, _ ~ :laL s.... $
NiT CtWlGe $ \
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H:r.:r::!PT nEQUIRE01 ..:.:::.. I - .
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81u.. TO ACeT .,
;IC.
DISPOSAL SITE
'HE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF
)F CUSTOMER ACKNOWLEDGES THAT HEJSHE HAS READ AND
INOERSTANDS THE TEAMS AND CONDITIONS OF THIS AGRf:EMENT;
>N REVERSE SICE, AND THAT HElSHE HAS THE AUTHORITY TO SIGN ON
IEHALF OF CUSTOMER.
.....to; IWVIm, I I
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C:lSt~r&lLuc:Il.5__._. . S
Ell:tfll P~!,'up ChOlfgell
Per Lift _. .___ _.._ . ____'.. s_
P~r Yare ._..._ $_
PerTon_... "'___'._ __$
H;lJlirlfJ per Load _ ... __.__..~
~~::~~:~~d~.r_C)uml~~O
Ot1I1VOry ChatQ$___ .__$ ___. _
SchoduiQd Cl'large_-\d-OJ...__._. $~ .
RerT"ovaJ Ch.rge__...___._ S
Lili-~itt:.~.~ ~-~:,}:;
TERMS: NET 10 DAYS
CONTRACTOR
<AUTHORIZE{) ~.T\JI\~
lSTOMER
)'rHOR,7ED S'Giii.~UAIo~
NOV 0 9 1999
pt. v9- r
Exhibit "A"
Part of Block 489, North Golden Gate, Unit 2t Collier Countyt Florida
All that part of Block 489 of North Golden Gate Unit 2t according to the
plat thereof as recorded in Plat Book 9. Pages 29 through 43, Collier
County Public Recordst Collier County t Florida and being more
particularly described as follows:
Beginning at the Northwest comer of said Block 489: thence along the
Northerly line of said Block 489: South 88'08'24" East 2012.89 feet;
thence South 1 '53'16" West 1184.51 feet: thence North 88'08'24" West
2038.4 feet to the West line of said Block 489: thence along said West
line North 03'27'47" East 914.92 feet: thence continue along said West
line North 01 '53' 16" East 269.95 feet to the POINT OF THE BEGINNING on the
parcel herein described: subject to easements and restrictions of record:
(containing 55 acres).
Less the following:
BEGrNNING at the Northwest comer of said Block 489: thence along the
Northerly line of said Block 489, South 88'08'24" East 635.75 feet:
thence leaving said north linet South 1 '53'1(Y' West 800.00 feet: thence
South 66'02'53" West 423.75:n thence South 1 '53'16" West 200.25 feet:
thence North 88t08'24" West 279.78 feet to the west line ofsaid Block
489: thence along said West line. North 3'27'47" East 914.92 feet: thence
continue along said West line. North 1 '53' 16" East 269.95 feet to the
Point of Beginning of the parcel herein descn'bed: subject to easements
and restrictions of record: (containing 15.0 acres more or less)
(Demised Premises Containing 240 acres)
AGENDA rTEM
No./~) I
NOV 0 9 1999
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NOV 0 9 1999
pt. . ";"0
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PIaDit No.
PERMIT FOR CARNIVAL EXHIBmON
STATE OF FLORIDA :
COUNIY OF COLLIER:
WHERP.AS, Colla eoa.y Apir:uJlure F~ aDd ~ I:ac., bIs IIIIde ..,.. - '" . ., ~ of
Coumy C.nmtni...w...rs ofCoI1il:r CoaIIty, Florida, _. pcnmUD CCIOlIIatt a camiYaI; .-
WHERP.AS, CoWer Comdy Apic:uIbn FIIir IIid ~. lac., has pn 17 ~ to .. a.nf IlIf6deut
evidcDcc 1bat aD criteria for lbe iIlIuaDce of a pCm.it to CGMIact a camivaI .. set Corda ill 0IpeIlr 10. Article n,
..........-.. ad ~ tIC 1bc CoWer C8aaty Code have been satisfied ..r .... .. c:.mival wiD be
c:oaduclied KCOntia& to Iawftll ~ ad ... 11'.....11I; 8Dd
WIII!UAS, IIid c..- c-, ~ ~ _IIapIM;o;''', IBc., "'~1I4 15' rr""
~....,...-'t.~~~~~~,1 ~~~ ijii~~'!?
. ..,-c.,. "S::<J:t"..
NOW, lHEREFORE, nus PERMIT IS BEItEBY GRANJ'ED TO CoJticr CeaIIIy'~ FIIir ad
Exposition, I:ac" to conduct a carnival from lmuary 7 tbrough lamwy IS, 2000, in lICCOrdaace wiIb lbe ~ ad
conditions set forth in the petitioner'. applicaDoa aad aD related documeDta, auacbed hcrctD ad ~ hcrciII
for the foUowing described property:
(See auaclled Exhibit ~ A i
1be request for waiver of Surety Bood is hereby approved.
WfI'NESS my haDd.. ~ of aid Bc.d aDd Seal of said County, aaaeed by .. CJcm tIC Coarta
._ IIrIllid c-y dIia
ATI1IST:
DWIGHT E. Bltocx. Clerk
.1999.
_fIE
BOAJU) OF COVN'JT aMaSSIONDS:
COllIER COVNTY, PLOaJDA:
PAMELA S. MA~ aIADlWOMAN
Appowd. .,_ ad
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AGENDA ITLVI
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NOV -0 9 1999
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AGENOAtTi,M
No.<~fl_-,
- -
NOV 0 9 1~'-
-"-- - - "F::
-Pi. ~ :;
Permit No.
PERMIT FOR CARNIVAL EXHIBm.oN
STATE .oF FLORIDA:
COUNTY .oF COLLIER:
WHEREAS, Collier County Agricu1tuR Fair aud ExpoeitioD, 1De~ bas !DIde Ippticatioo to the ~ of
County Commissioners of Collier County, Florida, for. pc:nnit to condud. camival; aud
WHEREAS, Collier County AgricuItDre Fair md Exposition, IDe., bas preseuIIIld to the Board sufficient
evidence that all criteria for the issuaDcc of . permit to conduct . carnival as set forth in Chapter 10, Article n.
Amusements and Entertaimnents, of the Collier County Code have been satisfied and that such carnival will be
c:oadncted according to lawful requiranen1I aud ~; aud
WHBREAS, aid Collier County Apicu1tnre Fm ... R~. s., _ ~ . waiver of the
Cunival Fee, Surety Bond and Oc:cupatiooa1 LiceDIe;
NOW, TIIEREF.oRE, TIllS PERMIT IS HEREBY GRANTED TO Collier County Agriculture Fair and
Exposition, Inc., to conduct a carnival from January 7 through January IS, 2000, in accordance with the terms and
conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein
for the following described property:
(See attached ExhIbit "A")
The request for waiver of Surety Bond is hereby approved.
WITNESS my hand as Chairwoman of said Board and Seal of said County, IUaIted by the CIerIt of Courts
in and for said County this
day of
,2000.
BOARD OF COUNIY OOMMJSSI.oNERS:
COLLIBR COVN1Y, FLORIDA:
A TI'FSJ':
DWIGHT E. BROCK, aerk
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as 10 FCIID1 md
IApl SufficicDcy:
lE:#A~.L Ih ,~I #f~
. M. Student
AaeiIlat ec-ty AUamey
~1CK:Wim
AGf.N5A'ITEM'
No./~)/
NOV 0 9 t999
~"
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AGENDA IreM
No. /'tlJ I.
NOV 0 9 1999
Pt. LY1
,-
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER RELATED TO THE RECLAIMED WATER BACK
PRESSURE SUSTAINING VALVES PROJECT, CONTRACT 98-2874, PROJECT 74020.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of
the Collier County Water-Sewer District, approve and authorize the Public Works Engineering
Department (PWED) Director to sign a Change Order to the construction contract with Mitchell &
Stark Construction Company, Inc. for the Reclaimed Water Back Pressure Sustaining Valve
project.
CONSIDERATION: Wastewater Department staff has requested that the capacity of the reuse
service connections to the Pelican Bay and the Glades reuse sites be increased to accommodate
increased flows to each site.
This Change Order will provide for increasing the size of the service connections to the Pelican
Bay and Glades reuse sites. New 12-inch service piping will replace the lO-inch piping at Pelican
Bay and the lO-inch piping will be moved to the Glades to replace existing 8-inch piping.
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
$476,570.00
$29,100.00
$30,645.00
$536,315.00
215
90
30
335
(01/01100)
243
90
30
363
(01/31/00)
~ FISCAL IMPACT: Funds for this Change Order in the amount of$30,645.00 are available from:
~' System Development Sewer Impact Fees Fund
Combined Sewer Capital Projects
Back Pressure Sustaining Valves Project
GROWTH MANAGEMENT IMPACT: None.
,.-..
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as
Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and
authorize the PWED Director to sign a Change Order to the construction contract with Mitchell &
Stark Construction Company, Inc. for the Reclaimed Water Back Pressure Sustaining Valve
project.
---~-
"GEr." j'j!2
NO. //P ~ <./
-
NOV 0 9 1999
PG. J
Executive Summary
Approve Change Order
Page 2
SUBMITTED BY: ~1. f, 'P~ DATE:
Ronald F. Dillard, P.E" Project Manager
Public Works Engineering Department
REVIEWED BY:~ :;- ~"'/y
Jeff BIbby, P.E., Duector
Public Works Engineering Department
DATE:
/ b - I ~- rq
/~~ 'd /61 7
REVIEWED BY: ~ ~ DATE:
~eatham, Wastewater DIrector
lc/zoJcr9
APPROVED B~~ DATE: /0/..;2.;:;/""
Ed Ilschner, Public Works Administrator /
RFD:rfd
Attachment: Change Order
AGEND"{ 1,(11,\
NO. II~ _BJl ~
NOV 0 9 1999
PG. <5l
CHANGE ORDER
TO: Mitchell & Stark Construction Co. FROM: Collier County Government
6001 Shirley Street 3301 East Tamiami Trail, Bldg. D
Naples, FL 34109 Naples, Florida 34112
Project Name: Reuse Water System Service Connections
Construction Agreement Dated: December I, 1998 Bid No.: 98-2874
Change Order No.: 2 Date: September 30, 1999
Change Order Description:
Increase size of connection assemblies at Glades and Pelican Bay sites to 10 inches and 12 inches
respectively.
Original agreement amount ................................................ .............. .......... $
Sum of previous change orders amount ..................................................... $
This Change Order Amount [add] ............................................................. $
Revised Agreement Amount ........................................................... ............. $
476,570.00
29, I 00.00
30,645.00
536,315.00
Original contract time in calendar days...... '" ... ............ ......... ...
Adjusted number of calendar days due to previous change orders.....
This change order adjusted time is ..........................................
Revised Contract Time in calendar days... ". ... ... ...... ...... ... ... ......
243 days
90 days
30 days
363 days
Original Notice to Proceed date ..........................................................
Original substantial completion date.....................................-.
Revised substantial completion date. ..... .... ................ ....... ... '"
Completion date based on original contract time.................................
Revised completion date ......... ......... .................. ..... ......... .......... .... ......
02/01/99
09/04/99
o I /0 I /00
10/02/99
01/31/00
Your acceptance of this change order shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising
out of, or related to, th h set forth herein, including claims for impact and delay costs.
Date: I c.. ~t-- '7'7
Prepared by:
Reviewed by: ~--*'- f, ~.J/,.,,/
Ronald F. Dillard, P.E., Project Manager
Collier County P lie Works Engineering Depanment
Date: If) ..(If - 9'
Accepted by:
Mike Westhafer
Mitchell & Stark Construction Company, Inc.
Date:
I c - )' -~ ~
Approved by:
Jeff Bibby, P.E., Director
Collier County Publ~ ~orks ;nineering Depanment
Authorized by: ~
Jose Cheatham, Wastewater Director
Colli County Public Works Division
Date:
Date:
IO/?-O/99
AGENDA }TE, . J)
0."074020) I~ t8 y!;
NOV 0 9 1999
pc. ..3
(For Use by Owner: Fund: 413 Cost Center: 263611 Object Code: 763100 Project
\\'\/996\ I 996069\j II (change order)\ChangeOrdcr2-ncwfoml.doc
Item No.
1
-
COLLIER COUNTY
REUSE WATER SYSTEM SERVICE CONNECTIONS
COUNTY BID NO. 98-2874
HMA Project No. 1996069
CHANGE ORDER NO.2
ATTACHMENT A
DESCRIPTION OF CHANGES
Description of Change
Increase size of connection assemblies at Glades and Pelican Bay
sites to 10 inches and 12 inches respectively as per HM&A fax
transmittal and Mitchell & Stark's proposal both dated September
15, 1999. Pricing is based on field installation of the modulating
actuator for Pelican Bay. Contractor specifically agrees to fully
complete the work under Change Order No. I including testing and
acceptance prior to January], 2000.
W:\1996\1996069\j II (change order)\19990930-c02-anach-,doc
Cost (Credit)
$30,645.00.0
NO. Ail:( ~jt i)
NOV 0 9 1999
PG. 4-
COLLIER COUNTY
REUSE WATER SYSTEM SERVICE CONNECTIONS
COUNTY BID NO. 98-2874
HMA Project No. 1996069
CHANGE ORDER NO.2
ATTACHMENT B
JUSTIFICA TION FOR CHANGES
Item No. Justification for Changes
1 Requested by Wastewater Department for increased capacity at these two locations
beyond that stated in the Effluent Reuse Master Plan.
AGEHD~ITj"l )
NO. II. {j I
./ ..,
W:I I 9961 I 996069\j II (change order)\19990930-co2-anach-,doc
NOV 0 9 1999
PG. S
COblJtD:CfJUNTY
REUSE WATER SYSTEM SERVICE CONNECTIONS
COUNTY BID NO. 98-2874
HMA Project No. 1996069
CHANGE ORDER NO.2
ATTACHMENT C
SUPPORTIVE DOCUMENTATION
Item No. Document Description Document
Date
1 . HMA Fax Transmittal 09/15/99
2 . Mitchell & Stark Cost Estimate for Change Order No.2 09/15/99
3 . Mitchell & Stark request for time extension 09/30/99
"-
NO. ArlOt Ail,)
, -
NOV 0 9 1999
PG. t
W:\ 1996\ 1996069\j 11 (change ordcr)\I9990930-co2-attach-,doc
....-..
~
~
"
HOLE, MONTES & ASSOCIATES, INC.
Engineers · Planners · Surveyors
715 Tenth Street South. PO Box 1586
Naples, Florida 34106-1586
Tel. (941) 262-4617
FAX
TRANSMITTAL
Fax No. (941) 262-6528
To: Mr. Ron Dillard DATE: 15-Sept-99 I JOB No. 1996069
FAX No. 774-9370 RE: Collier County
Reuse Water System Service Connections
Change Order No.2
There ar~ pages in this transmittal. If there is a problem in receiving this facsimile or the quality of the
facsimile, please call Nancy or Mary at the above phone number immediately.
REMARKS:
Please review the enclosed proposal and advise your comments. We have no problem with the
contractor's pricing. Note that an additional time extension may be required.
Thank you.
SIGNED:
COpy TO:
AG~"O~ 1;'r/II)
NO. IfD ~~
NOV 0 9 1999
PG. 7
(If enclosures are not as no.ted, kindly notify us at once)
W:\/996\/9960691j//(cllange order)\/99909/5-rd-co2-fl:..doc
e3/15/1999 69:05
. .
9415557855
MITCHELL & STARK
t-'A\.)t. tlJ.
-- ~,
: . .~
Mitchell & Seark Construction Comp~ny, Inc.
6001 Shirley Street, Nap1e., Florida 34109
9G- ~ ft; 9
To:
Attn:
@Fax:
From:
Date:
Pages:
Hole, Montes & Associates
Mr. H. Clifford Pepper III, P.E.
262-6528
Mike Westhafer
09/15/1999
2
Re: Collier County Reuse System
Following is our cost estimate for Change Order #2 on the
referenced project. The lOW FL BFV w/Modulating Operator included
in Change order #1 can now be deleted and the original lOW Motor
Cp. Wafer BFV deleted in Change order #1 will be given to the
owner. Please note that the 12" FL BFV W/MOdulating Operator will
take 8 to 10 weeks _fter release to receive. If the valve can be
installed prior to receiving the actuator please add $875.00 for
field service to install the operator in the field.
Materials:
Adjustments to Change Order #1
10" FL BFV w/Modulating Operator (deleted) ($7,418.41)
10" Motor Op. Wafer BFV $3,900.80
Glades:
16" x 10" FL Tee 1 ea @ $1,235.80 $1,235.80
16" Uniflange 200C 1 ea ~ $204.00 $204.00
16" 304S5 FL ACC Set 3 ea @ $95.93 $287.79
10" x 1'0" F x F DIP 1 ea @ $203.52 $203.52
10" 304SS FL ACe Set 6 ea @ $40.12 $240.72
Pelican Bay:
18" x 12" FL Ecc Red 1 ea @ $534.51 $534.51
18" Uniflange 200C 1 ea @ $227.90 $227.90
12" FL OS&Y Gate Valve 1 ea @ $1,192.77 $1,192.77
12" x 0'6" F x F DIP 1 ea @ $299.45 $299.45
12" Basket Strainer 1 ea @ $1,786.10 $1,786.10
12" Control valve 1 ea @$11,441.64 $11,441.64
12" FL BFV w/EMO 1 ea @ $7,471.41 $7,471.41
16" x 12" FL Ecc Red 1 ea @ $534.51 $S34.51
16" Uniflange 200C 1 ea @ $204.00 $204.00
12" x 1'0" F x F DIP 1 ea @ $290.44 $290.44
16" 3045S FL ACe Set 2 ea ~ $95.93 $191.86
ph. 941-597-2165
fax 941-566-7865
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NOV 0 9 1999
PG.J
C9/15/1999 09:05
9415557855
MITCHELL & ST~RK
,~
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,
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Mitchell & Stark Construction Company, Inc.
6001 Shirley Street, Naples, Florida 34109
18" 3045$ FL ACC Set 2 ea @ $193.45 $386.90
12" 30488 FL ACC Set 5 ea @ $41.61 $208.05
12" 304SS Lug ACC Set 1 ea @ $81. 89 $81.89
Subtotal Materials $23,505.65
Jobsite Supervision
Labor
Operator
Backhoe
24 hours @ $30.00/ hr
72 hours @ $20,00/ hr
24 hours @ $27.00/ hr
24 hours @ $31.25/ hr
$720.00
$1,440.00
$648.00
$750.00
Subtotal Labor & Equipment
$3,558.00
Subtotal Direct Costs
10% markup
$27,063.65
$2,706.37
Total Cost
$29,770.00
Please let us know how you wish to proceed with this request.
Thanks,
Mike
ph. 941-597-2165
fax 941-566-7865
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NOV 0 9 1999
pc. 1
~~/3~/L999 e8:23
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,--
Mitchell & Stark Construction compan~, Inc.
GOOl Shirley Street, Naples, Flor1d~ 34109
To:
Attn:
@Fax:
From:
Date:
Pages:
Hole, Montes & Associates
Mr. H. Clifford Pepper III, P.E.
262-6528
Mike Westhafer
09/30/1999
1
Re:
Collier County Reuse System
Given that the lead time associated with the &MO BFV is 8 to 10
weeks, it is possible that we will not have the actuator in-hand
until sometime in late November. We will then need to schedule a
factory representative to install the actuator and our
electrician will need to make the final connections. Please
extend the contract time by 30 days to allow for this work.
Based on previous discussions with you and Ron Dillard of PWED we
are proceeding with procurement of the EMO BFV and the control
valve. We have directed the manufacturer to ship the butterfly
valve without the actuator at this time with the understanding
that it will be installed in the field later.
Let me know if you have any questions.
Thanks,
Mike
ph. 941-597-2165
fAX 941-566-7865
..u..t'U..,-. . ~_ . __-,,"'. otooIIll. _. __\oClIN'~\-.&..__
NO. jet ATj(t)
NOV 0 9 1999
PG. I/)
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS TO COVER
CONSTRUCTION MANAGEMENT AND INSPECTION IN FISCAL YEAR 2000
FOR THE PROPOSED PATHWAY ON U.S. 41. PROJECT # 61009.
OBJECTIVE: To obtain Board approval to transfer funds from gas tax reserves to cover
the expenses generated by construction management in fiscal year 2000 to construct the
proposed pathway on U.S. 41 in Collier County.
CONSIDERATION:. The State of Florida Department of Transportation and Collier
County entered into an agreement on March 18, 1999 empowering the county staff to
manage the construction of a sidewalk on U.S. 41. The sidewalk is located on the south
side of U.S. 41 extending from Courthouse Shadows to Rattlesnake Hammock Road ( a
distance of approximately 1.5 miles).
--
When the budget for the project was prepared, all the funding was assigned in FY 99. In
order to cover our 2000 fiscal year expenses, we need to transfer $35,000 from gas tax
reserves to the project account. This lump sum will be transferred back to gas tax reserves
when carry forward is completed.
~ FISCAL IMPACT: A budget amendment is needed to transfer $35,000 from gas tax
\\} reserves into project 61009.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the
necessary budget amendment.
/i/; .d.L:; 4.::;
SUBMITTED BY: ,. ./?"/?/lvL--/_
Mitch Momtaz, P.E., Project Manager
Office of Capital Projects Management
DATE: Iyelq~
-
AGEN()A HE,. l
NO. 1t,{tyl:1.;
NOV 0 9 1999
PG. J
. '.
--
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REVIEWED BY'
effrey Bibby, P.E., Director
Public Works Engineering Department
REVIEWED BY: ~1fi-t:'-
Edward J. Kant
Department
APPROVEDB~
Ed Ilsc r, Administrator
Public Works Division
DATE: /(;/;cr/9 r _
P~/.!/f/:2A1
d c-/'
DATE:/t - / ,- / )
DATE:~hsl1"f
AGfNu" I)~ )
NO. J~(B J.
,
NOV 0 9 1999
PG. .:l
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STAFF SELECTION OF FIRMS, AUTHORIZE STAFF TO
NEGOTIATE AGREEMENTS WITH FIRMS FOR THE FIXED TERM
MATERIAL TESTING SERVICES (RFP 99-2962) AND EXTEND THE
EXISTING AGREEMENT (RFP 95-2388) FOR SIXTY DAYS.
OBJECTIVE: To continue the program of establishing agreements with several Material
Testing Firms.
CONSIDERATION: Annual contract for Materiel Testing Services have been utilized
as authorized by the Board of County Commissioners for the past several years. This
program is to award fixed term contracts for a two year period in accordance with the
County Purchasing Policy.
Authorization of a Staff Selection Committee was given on July 2, 1999 to review,
evaluate and rank proposals from Material Testing Firms, and to negotiate Agreements
with the top ranked firms. RFP 99-2962 was issued, and five (5) responses were received
on August 20, 1999. One firm was disqualified for not having a complete submission
package. (Ranking Matrix is submitted with this document). The Selection Committee
found that all four (4) firms had high qualifications and that all should be selected. There
is a high demand for these type of services and the four firms can be all kept busy.
The committee ranked the firms as follows:
1. Law Gibb Group, Inc.
2. Ardaman and Associates
3. ASC GeoSciences
4. Forge Engineering
A summary of significant factors form is attached.
--
It is the recommendation of the Selection Committee that contracts be made with the four
(4) firms. Upon approval by the Board of County Commissioners, negotiations will
commence with the four (4) firms. Should negotiations with one or more firms prove
unsuccessful for any reason, we will select a lesser number of firms. This process will
continue until a contract is executed between Collier County and the successful firm(s).
The negotiated agreements shall be brought back to the Board for final approval. Work
assignments under these Agreements are by a Work Order and Purchase Order. Work
Order requests by a County Agency include a Scope of Work agreed to by the County
and the professional firm. Assignments under $25,000.00 will follow Purchasing
regulations being implemented with approval by the Department Director and an
I '0. ',/;Mrs )J
UJUt o.O,J.Q..QO
-
Executive Summary
Agreements with Firms
Page 2
approved Purchase Order. Work orders over the $25,000.00 threshold require Board of
County Commissioners approval.
The existing Fixed Term Material Testing Contract (95-2388) was extended for thirty
days or until October 19, 1999. Due to Tropical Stonn Harvey, the Selection Committee
could not meet until October 18, 1999, a day before the extension expired. These
services are very much needed and another extension is necessary. Accordingly, staff
requests that the Board extend the current agreements and authorize the Purchasing
Director to formalize the extension by letter to each finn.
FISCAL IMPACT: Funding for Material Testing Services under these agreements shall
be provided by each user Division, and contracted by a Work Order and Purchase Order
funded by the using agency.
GROWTH MANAGEMENT IMPACT: This action will continue to improve staff
ability to implement the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
selection of four (4) Material Testing Firms, authorize staff to negotiate with the
recommended firms and extend the existing Agreement (RFP 95-2388) for sixty (60)
days or until January 8, 2000.
. . 'd Date ;'0/22/17'
. Adarmes Minor, P.E., Senior Project Manage(
Public Works Engineering Department
SUBMITTED BY:
~ /j _Jr-l
Date: /l)h ~h'1
REVIEWED BY:
Jeff Bibby, P .E., Director
Public Works Engineering Department
REVIEWED BY: ~I' ~ . ({;u.1J I
Steve Carne I, Director
Purchasing Department
Date: f 0 (ls (q 1
Date:~~~-f?
AG~NDA 1:r~
NO . / tt ( f:) 3
.'1'\" " /"l 4/"lnr.
CONSULTANT S~LECTION
SUMMARY OF SIGNIFICANT FACTORS FORM
RFP#:
99-2962
RFP TITLE: Fixed Term Material Testing Services
SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS:
1. Driller listed as employee
2. References and proiect data
3. In-house lab
4. Responsiveness
SIGNIFICANT FACTORS TO RANKING OF TOP FIVE FIRMS:
,-
1. More staff available
2. In-house Lab
3. Meets time lines
4. Responsiveness
1,,~:;1 t
Date
loAllf '
Date
. c Manager
,Jtll~~J ~
Purchasing Agent
.-
NO. .ft:i(s;XB)
NOV 0 9 1999
.3
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No.1t:(~j~J-
N 0 V 0 9 1999.
PG,_ ~
EXECUTIVE SUMMARY
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TILDEN
LOBNITZ COOPER, INC. AND ANCHOR ENGINEERING CONSULTANTS,
INC. FOR THE FIXED TERM MECHANICALIELECTRICAL ENGINEERING
SERVICES (RFP #99-2929).
OBJECTIVE: That the Board of County Commissioners approve a negotiated Professional
Services Agreement with Tilden Lobnitz Cooper, Inc. and Anchor Engineering Consultants Inc.,
to perform mechanical/electrical engineering services pursuant to RFP 99-2929.
CONSIDERATION: On September 14,1999 as Agenda Item 16(B((8), the Board approved the
selection of Tilden Lobnitz Cooper, Inc. and Anchor Engineering, Inc. for providing mechanical/
electrical engineering services on an as needed basis and authorized staff to negotiate a
professional services agreement.
Staff has negotiated the fees with the consultants Tilden Lobnitz Cooper, Inc. and Anchor
Engineering, Inc.
{1\\'nSCAL IMP ACT: Funding for mechanical/electrical engineering services shall be provided by
\ ~ ~h user Division, and contracted by a Work Order and Purchase Order funded by the using
agency.
GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to
implement the Growth Management Plan.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
the Fixed Term MechanicallElectrical Engineering Services Agreement with Tilden Lobnetz
Cooper, Inc. and Anchor Engineering, Inc. RFP 99-2929 and authorize the Chairwoman to
execute the Agreement, after review by the County Attorney and Risk Management Department.
SUBMIITED BY:
Date:
C. Adarmes Minor, P.E., Senior Project Manager
Public Works Engineering Department
1,,;'2 '.h ~
REVIEWED BY:
7/]J~
Date: /o~,1r <<1
Jeff Bibby, P.E., Direc r
Public Works Engineering Department
,-
~~~
REVIEWED BY: ,~~p~
tev Carnell, irector
Purchasing Department
APPROVED BY: ~~_
Ed Ils er, Administrator -
Public Works Division
Date: la (Zb (Cf 1
Date:
.It:J/2.~ '
/
'tLN~jY.'1\
NO. ~
NOV 0 9 1999
PG. ,
EXECUTIVE SUMMARY
APPROVE AMENDMENT TO WORK ORDER TLC-ME-98-2, TO PROVIDE
ADDITIONAL ENGINEERING SERVICES FOR MASTER PUMPING STATIONS
MOTOR CONTROL RENOVATIONS, PROJECT 73044
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing
Board of the Collier County Water-Sewer District, approve an amendment for additional
engineering services related to modifications to the existing automatic transfer switch scheme
at two Master Pumping Stations (MPS). These improvements improve reliability of the
stations during emergency situations.
CONSIDERATIONS: Work Order TLC-ME-98-2 was issued to Tilden Lobnitz and
Cooper Inc., in the amount of $24,500 for professional engineering services to facilitate
electrical build-out of five existing wastewater MPS. After design was completed, Staff
requested that automatic transfer switches be installed at MPS 3.02 and 3.12. Additional
engineering services were required for design, startup and functional testing of the transfer
switches. Total professional service fees associated with this amendment are $3,000, cost-
not-to-exceed based on time and reimbursable expenses.
- A summary of total fees is as follows:
Original Work Order
Sum of previous Amendments
Proposed Amendment
Total
Fees
$24,500.00
0.00
3.000.00
$27,500.00
rw FISCAL IMPACT: A budget amendment in the amount of $3,000 will be required to
\. IJ' transfer funds from Wastewater Capital Reserves to project 73044 (Master Pumping Stations
\ Motor Control Renovations). Funding source is user fees.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio
governing board of the Collier County Water-Sewer District, approve and authorize the
PWED Director to execute amendment to Work Order TLC-M/E-98-2 with Tilden Lobnitz
and Cooper, Inc. and approve the necessary budget amendment.
-
NO. A1'{;A (18) ( s)
NOV 0 9 1999
pc. I
Executive Summary
Amendment, Work Order TLC-ME-98-2
Page 2
SUBMITIEDBY: ~~~~
Alicia Abbott., PWED Project Manager
~~\~~
~/]J
REVIEWED BY:
REVIEWED BY:
Jos
~~
APPROVEDB~~
Ed Ilschi1er, ublic Works Admmlstrator
-
Date: llJ -1.-6 ~q~
/~~"71r9
Date:
Date: to (2? Iq tl
Date: #/"2.?!9f
/
NOV 0 9 1999
PG. ~
WORK ORDER # TLC - M/E - 98-2A
Agreement for Fixed Term Professional
l\Iechanieal/Electrical En~ineerin2 Sef\'iees
Dllted .'uly 16, 1996, (Contract #96-1497)
This Work Order is for professional engineering services for work known as
(Title)
Master Pumping Station Controls
(Reason for Proiect): Additional electrical engineerin~ services.
The work is speci fied in the proposal dated October 4. 1999
is attached hereto and made a part of Ihis Work Order. In accordance
Terms and Conditions of the Agreemenl referenced ilhove. Work Order #
M/E - I)R - ~ is assigned tn Tilden I.ohnilz Cooper,
. which
with the
TLC
Scope of Work:
Amendment 1:
· Provide additional design effort, due to change in scope, for modifications
to the automatic transfer switch at MPS 3.12 and MPS 3.02.
. Provide additional site visits for startup and functional testing due to
material delivery problems
Schedule of Work: Complete work within 292 days from receipt of the Notice
to Proceed authorizing start of work,
Compensation: In accordance with Article Five of the Agreement, the County
will compensate the Firm in accordance with the negotiated lump sum or time
and material amount provided in the schedule below (if a task is time and
material, so indicate and use the established hourly rate(s) as enumerated in
Schedule "An of the Agreement).
Original Work Order Amount $24,500 (Time & Materials)
Amendment t: Additional Engineering Services$3,OOO.OO (Time & Materials)
TOTAL FEE( Not to exceed) $27,500 (Time & Materials)
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to Schedule "An of the Agreement.
PREPARED BY: ~\~e)..Q ~~
Alicin Abbott, PWED Projecl Mnnnger
t C} - ::LtI -0.. C,
Dale
ACCEPTED BY:
Jeff Bibby, P,E" PWED Director
Date
AUTHORIZED BY:
Jos
~~
JO.2'7-QQ
Cheatham, Wnslewaler Director
Date
ACCEPTED BY:
TILDEN LOBNIT7. COOPER
Company Nnrnc
1;-:-~~
10-2.6..'11
Date
Princir~l, Pe8~nr~1 nff~cD njr~rtor
Type "I Print Name nnd Title
FUND: 414 COST CENTER: 263611 OBJECT CODE: 63]400 PROJECT NO,: 73044
NO. 7l:0~ 8}"(1
NOV 0 9 1999
PG. -.3
rl~
Tilden Lobnitz Cooper
En,liIineering for Architecture
October 4, 1999
'99 OCT 6 Prl 2 28
Ms. Alicia Abbott
Collier County Government
Office of Capital Projects Management
3301 East Tamiami Trail
Naples, FI. 34112
Ref: Additional Engineering Services Proposal.
Dear Alicia:
The purpose of this letter is to propose additional electrical engineering services for the
Master Pump Station Renovation project. We understand this proposal will become an
addition to a work order for professional services already in place. The scope of this
additional engineering effort is:
.~-
. Provide additional design effort to support modifications to the existing automatic
transfer switch scheme at MPS-3.12 and MPS-3.02. The ATS modifications were not
originally anticipated to be within the scope of the project. The A TS modifications
required additional meetings with the owner and vendors, additional onsite research
and investigation; additional design specification and drafting time.
. Provide support effort for additional site visits due to material delivery problems that are
beyond the contractor's control. Additional site visits for startup, and functional testing
are required for MPS-3.12 and MPS-3.02 that has been put in operation prior to
completion.
vVe estimate our professional service fees for the above not to exceed $3000.
Should you have any questions regarding this please call me at 275-4240.
Sincerely,
Tilden Lobnitz and Cooper, Inc.
d'>t{{~
Don Williams, P.E.
Director of Electrical Engineering
H: '.WOR DPROC\98 _ Jobs\98038\CA \addi lion service ,doc
1400 Colonial Boulevard
Suite 203
Ft, Myers, Florida 33907
941/275-42
~
NO.
NOV 0 9 1999
PG.
EXECUTIVE SUMMARY
ACCEPT A UTILITY EASEMENT FOR IRRIGATION FACILITIES FOR THE BEAUTIFICATION
OF THE IMMOKALEE ROAD MEDIAN.
-------------------------------------------------------------------------------------------------------------------------------------
OBJECTIVE: Accept one (1) Utility Easement from Collier Development Corporation and any and all
additional easements that may be required to provide for the irrigation facilities that supply the sprinkler system
that was built to enhance the landscaping along the lmmokalee Road median.
CONSIDERATION: In June 1995, the Board of County Commissioners and the developer for Collier's
Reserve, Collier Development Corporation, entered into a "lmmokalee Road Median Beautification
Agreement". The agreement originated because the developer wanted to improve the median along lmmokalee
Road, which fronts their property. Collier County has a policy of supporting median beautification when it
benefits the County. The developer agreed to build all improvements and provide for the maintenance of the
improvements for the first year. The County agreed to pay the developer approximately $140,000 for all
associated construction costs and up to $30,000 for one year of maintenance. These amounts have been paid.
After the first year, the County's Transportation Services Department assumed all work and expenses for
maintaining the median landscaping. When the developer constructed the improvements as part of the
agreement, the pump structure that serves to supply irrigation to the median's landscaping was built on
developer owned property. Since the pump structure is built on property owned by Collier's Reserve, the
County must acquire a Utility Easement in order to provide maintenance to the pump structure. The developer
is providing the required Utility Easement via donation.
.-
Staff requests the Board of County Commissioners approve and accept the attached Utility Easement that was
obtained via donation. Staff does not anticipate that any other easements will be required to complete this
project, but if the need arises to acquire more they will be acquired through donation only.
Prior to recordation, to ensure that Collier County's interest is protected, any and all documents will be
reviewed and approved by the County Attorney's Office and the Transportation Services Department.
FISCAL IMPACT: Only recording costs will be incurred. Funds are available in the Road and Bridge
Landscape Maintenance Account.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve and accept the attached Utility Easement, granted by Collier Development Corporation, and
any other easements that may be required once they have been received and approved by the County
Attorney's Office and the Transportation Services Department;
(2)
Authorize the Chairwoman to execute any other documents related to this project in order to accept and
clear title to the needed Easement(s); and
-
NO.
NOV 0 9 1999
PG. I
.-
(2) Authorize the Real Property Management Department to record easement(s), and appropriate
documents to clear title, in the Public Records of Collier County, Florida.
PREPARED BY: ~W. i~0~ DATE: to (z.nh?
Ernie W. Kerskie, Real Property Specialist II, Real Property Management Dept
DATE:
on Services Department
/O/?~ / 'C'i
I
Clt:
DATE: /6 - U ~/7
or, Transportation Services Department
APPROVEDBy~9~ DATE: #:>-;>-11-7'1
Ed I1schner, Administrator, Public Works Division
NO. "f!lJNOt~5rt.)
NOV 0 9 1999
PG. ;(
PROJECT: Collier's Reserve Median Irrigation
UTIL,Tf EASEMENT
THIS EASEMENT, '\lade and entered into this 3/l.-O day of ~ 19jj, by
COLLIER DEVELOPMENT CORPORATION, a Florida corporation, hose address is 3003
Tamiami Trail North, Naples, Florida 34103, as Grantor and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its
successors and assigns, as Grantee,
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns,)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable consideration
paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
non-exclusive easement, license, and privilege for utility and maintenance purposes, on the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference,
Subject to easements, restrictions, and reservations of record,
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, excavate, a"d place or remove materials including, but not limited to, pipes,
service and pump stations, and other equipment or improvements appurtenant thereto or
thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon,
Grantor and Grantee are used for singular or plural, as the context requires, The easement
granted herein shall constitute easements running with the land and shall burden the lands
described above, This easement shall expire when another alternate waterline is installed
offering full time operation and providing water to the subject pumping facilities, or on
December 31, 2005, whichever occurs first.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written,
IN THE PRESENCE OF:
COLLIER DEVELOPMENT CORPORATioN!
a Florida corporation
I ,
By: .____.
Jeffrey M, Birr, V: e President
NO. AGrCrb)'{0
NOV 0 9 1999
3
pc.
STATE OF FLORIDA
COUNTY OFCOLLlER
The foregoing Utility Easement was acknowledged before me this ~ (d. day of
~fr-t ",...Jur ,1999, by Jeffrey M, Birr, Vice President, on behalf of Collier Development
Co poratlon, a Florida corporation, and who IS personally known to me or has produced
as identification -
A:::;:'"'~~rz
A.III\el,U\ OJQtl AttarJMlJ
'l\Ch..,(-'-1 l, t,~ rJ2p
(Signature Iof Notary)
Y\c.-"e4 L. '~cdl
(Print Name of Notary)
Commission # eel.: 'I 0 \l 5 ')
My Commission Expires:
c..+~<jj.lHI
(Affix notarial seal;,.y P/l~ NANCY LYNN HALL
iA't> COMMISSION # CC 6~0~55
EXPIRES JUN 24, 2001 '
~ < , if IONOEO TH~U
~OF f>.i!i' ATU\NTIC BONDING co., INe.
A~(/~D"ll{l?' J 1
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NOV 0 9 'IS~::1
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NO. A~A(~)"(t,,)
NOV 0 9 1999
PG. 4r
,
..-'
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS (BCC) DIRECT STAFF TO INITIATE
AMENDMENT OF THE COUNTY -WIDE LIGlITING DISTRICT ORDINANCE FOR THE PURPOSE OF
PROVIDING STREET LIGlITING IN CERTAIN AREAS OF COLLIER COUNTY.
OBJECTIVE: To set a Public Hearing date for the BCC to consider amending Ordinance 72-1, as
amended, the County-wide Lighting Ordinance, by adding certain areas to the district.
CONSIDERA TIONS: Staff has received requests for street lighting in many areas of the County.
that were developed prior to Land Development Code, formerly Subdivision Regulations, requiring
same. Section 122-1, FS, allows for enlargement of a lighting district by motion or petition and
three affirmative votes by the BCC in a regular or special meeting. Some of the requests are from
Coconut Creek Estates residents, Willoughby Acres residents, Flamingo Estates residents, Brookside
residents.
,.-...
The petition procedure is an onerous task - not only for the individuals trying to collect signatures,
but for staff who is charged with verifying the petition and preparing all necessary paperwork. For
this purpose, staff encompasses not only BCC employees, but certain Constitutional Officers'
employees as well. As Florida Statute allows for a motion and three affirmative votes by the BCC to
enlarge the boundaries of a street lighting district, staff requests the BCC waive the petition
procedure currently required per Ordinance 75-14. At BCC direction, staff will proceed with
scheduling a Public Hearing date of December 14, 1999, to amend Ordinance 72-1, as amended, to
add the areas of Willoughby Acres, Flamingo Estates, Brookside, and Coconut Creek Estates to the
County-wide Lighting District.
FISCAL IMPACT: A cost estimate will be available at the Public Hearing. If the BCC amends
Ordinance 72-1, as amended, an increase to the County-wide Lighting District Fund would be
requested for FY 2000-01 during regular budget cycle for the cost of installation/maintenance of
lights in the requested areas.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the BCC direct staff to proceed with scheduling a Public Hearing
for December 14, 1999, at which time the BCC will consider amending Ordinance 72-1, as
amended, to provide street lighting in those areas noted above.
SUBMITTED BY:
DATE: / Cl - 2--i' .-Lit:?
DATE:./t'- ~-5')
----.
DATE: /to-.,l"-91
AGE"O~ I~r: )
NO. I~ (13 ~ 7
./
NOV 0 9 1999
PG. I
EXECUTIVE SUMMARY
APPROVAL OF A BUDGET AMENDMENT IN THE CLAM BAY RESTORATION FUND
OBJECTIVE: That the Board of Collier County Commissioners approve a budget amendment
in the Clam Bay Restoration Fund (320).
CONSIDERATION: The agreement between the County and WCI Communities provides for a
50%-50% sharing of capital costs associated with the Clam Bay restoration efforts. Budgeted
FY 00 project expenses of $161,600 include $122,600 for freshwaterlstormwater analysis and
$39,000 for ecosystem enhancements including installation of mangrove starter islands and
removal of dead mangrove trees. Based on the agreement noted above, each party's
respective share of the capital costs amounts to $80,800.
The Clam Bay Restoration Fund (320) initial FY 00 budget submission included a $147,500
contribution from WCI representing 50% of the total project costs - capital costs of $161,600
and operating costs of $133,500. During the June budget workshops, the Board of County
Commissioners made a policy decision to fund these maintenance costs from the
Unincorporated Area General Fund (111). The Clam Bay budget was then adjusted to reflect
this Board policy decision. As the Board had agreed to fund 100% of the maintenance costs,
the WCI contribution representing 50% of the $161,600 in capital costs should have been
reduced from $147,500 to $80,800,
-
However, the Board expressed concern about reducing the WCI contribution toward the
project expenses. The FY 00 adopted budget included a $147,500 WCI contribution. Staff
contacted representatives of WCI regarding the budgeted contribution level of $147,500,
Based on the agreement between WCI and the Board of County Commissioners to share
equally in capital costs associated with the Clam Bay Restoration effort, WCI is only
committing to provide $80,800 in required capital matching funds, The budget amendment
requested in this Executive Summary will reduce the budgeted $147,500 contribution from
WCI to $80,800 (net reduction of $66,700) and would be offset by a corresponding decrease in
budgeted Clam Bay Restoration Fund (320) reserves,
FISCAL IMPACT: The required budget amendment will reduce the budgeted $147,500
contribution from WCI to $80,800 (net reduction of $66,700) and would be offset by a
corresponding decrease in budgeted Clam Bay Restoration Fund (320) reserves,
GROWTH MANAGEMENT IMPACT: None.
Collier County Commissioners approves the
--
PREPARED B . 'If it!../-J
Ja s P. Ward, Department Direcjor
P .l an Bay Services Division cYJ
~/
REVIEWED BY: .
Ed IIschner, Division Administrator
Public Works
DATE /~7,/y t
DATE: kJ/:z.1f9 ~:~H~t}~~8)
NOV - 9 1999
Pi I
EXECUTIVE SUMMARY
APPROVE WORK ORDER AMENDMENT #WMBP.FT.Q9.03.A01 FOR FIXED TERM
PROFESSIONAL ENGINEERING SERVICES RELATED TO THE SIGNALIZATION
DESIGN OF LIVINGSTON ROAD (RADIO ROAD TO GOLDEN GATE PARKWAY)
OBJECfIVE: Obtain Board approval of an amendment to the existing Work Order #WMBP-FT-99-03
with WilsonMiller, Inc. for modifications to the signalization design and mast ann design for Livingston
Road (Radio Road to Golden Gate Parkway), Project No. 60061.
CONSIDERATION: On April 28, 1999 the County signed a Work Order with Wilson, Miller, Barton
and Peek, Inc. (now known as WilsonMiller, Inc.) for the engineering design of a mast ann signalization
system for the proposed Livingston Road (Radio Road to Golden Gate Parkway).
The work order needed to be amended for the following design revisions; mast ann for overhead sign
structure, previous design used span wire; interconnection of signals for improved vehicle progression
along Radio Road from the proposed Livingston Road to Commercial Blvd.; revise signalization plans to
reflect design changes made to the return radii at Progress Ave. and Enterprise Ave., this required
relocation and redesign of the mast arm supports; modification to roadway and signalization plans at the
intersection of Livingston Rd, and Radio Rd. , including pavement narrowing, to account for the
elimination of a previously designed retaining wall along the west right-of-way line; all mast ann signal
supports redesigned for changing the signal head mounting from vertical to horizontal and addressing
associated wind produced harmonic deflections; and the inclusion of "yield to pedestrian" signs at
Golden Gate Parkway and associated re-analysis of the structural support system,
--.
The additional cost to the Work Order is as follows:
Original Work Order Amount
Additional Design Effort
Total Amount
$24,995.00
18.904,42
$43,899.20
The design is complete and the project has been awarded to Better Roads, Inc. for construction.
FISCAL IMPACT: Funding in the amount of $18,904.42 is available in Road Construction Gas Tax.
Funding source is Gas Tax.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Project No, 53 is consistent with
the Transportation Sub-Element of the Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners authorize the Public Works
Engineering Department Director to approve Work Order Amendment #WMBP-FT-99-03-AOl to
increase the work order from the original amount of$24,995,00 to a final amount of$43,899.20.
SUBMITIED By4.-.--/~;~ f7 Date ~y..y
Robert C. Wiley, P.E, (
Public Works Engineering Department
-.
REVIEWED BY:
yfi fl
Date:
/I/zhc;
Jeff Bibby, P.E., Direc r
Public Works Engineering Department
AG(~Oil J,l,ti~.
NO . 11,. ( eJ L L
/
NOV 0 9 1999
PG. I
Executive Summary
Work Order Amendment WMBP-FT-99-03-AOI
Page 2
APPROVED B .
Date:/P - U /77
REVIEWED BY:
Date: /t:) -.;2. f" -? '1
Ed Ilschn
Public Works Administrator
-
NO. i2Nr~)r?J_
NOV 0 9 1999
pc. :l
WORK ORDER AMENDMENT# WMBP-FT-99-03-AOl
Amendment to Agreement for Fixed Term Professional Engineering Services
Dated December 8, 1998 (Contract #98-2835)
This Work Order Amendment is for professional engineering services for work
known as
Mast Arm Signalization Desien for Livingston Road (Radio Road to G.G. Pkwy.)
The reason for the proiect is to modify the current siinalization desiizn prepared
by Wilson. Miller. Barton and Peek. Inc. to complv with the Collier County
Transportation Dept. use of mast arm sianal support systems with horizontally
mounted sianal heads on maior arterial corridors in lieu of concrete strain pole
and s~an wire signal support systems.
The work is specified in the letter proposal dated September 8, 1999, which is
attached hereto and made a part of this Work Order Amendment. In accordance
with the Terms and Conditions of the Agreement referenced above, Work Order
Amendment # WMBP-FT-99-03-AOl is assigned to Wilson. Miller. Barton
and Peek. Inc,
(Firm Name)
Scope of Work:
Task 1 (Proposal Item 4.1) - Signalization Plans - Determine whether signal
head and pole locations, as shown on current signalization plans, are
compatible with mast arm support system. Design new signal head and mast
arm pole locations where necessary. Revise current Livingston Road
Signalization Plans to meet Florida DOT and Collier County requirements.
Amendment 01 provides additional funding for the redesign changes
requested by County staff during the latter stages of design reviews.
Task 2 (Proposal Item 4.2) - Structures Design Plans - Provide survey stakes at
each proposed mast arm pole location. Perform geotechnical investigation at
each mast arm pole location. Perform required analysis for foundation
design. Develop complete structures design plan details and technical
specifications for each mast arm support system. The roadway geometry and
signalization design criteria may result in the required mast arm length to
exceed what is considered practicable. In such event, after conferring with
and receiving direction from the appropriate County staff, an overhead truss
support system or other alternative will be designed. Amendment 01 provides
additional funding for the redesign changes requested by County staff during
the latter stages of design reviews.
NO. AiC?A)f9)
NOV 0 9 1999
PG. ..3
~--
WMBP-FT-99-03
Page 2
Schedule of Work: Complete work within sixty (60) days from receipt of the
Notice to Proceed authorizing start of work. Work included within Amendment
01 had a completion date of August 20, 1999.
Compensation: In accordance with Article Five of the Agreement, the County
will compensate the Firm in accordance with the amounts provided in the
schedule below.
Signalization Plans
Survey Stake-Out
Geotechnical Investigation
Structures Design
Reimbursables
TOTAL FEE
$19,929.20
$ 1,600.00
$ 5,895.00
$16,375.00
$ 100.00
$43,899.20
(LS + TME)
(lump sum)
(lump sum)
(LS + TME)
(lump sum)
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to Schedule "A" of the Agreement.
PREPARED BY: ;;t'..Lc- ~ /tP- .2J-9'f
Robert C. ey, P.E., Project Manager III Date
Public Works Engine ring epartment
~
AUTHORIZED BY:
Edward J.
Transportat
. ., Director
Department
APPROVED BY:
Jeff Bibby, P.E., Director
Public Works Engineering Department
ACCEPTED BY: WILSON, MIL
k-u-91
Date
Date
/~
Fermin A. Diaz, P .E. Date
Executive Vice-President/Chief Operating Officer
Template/SN/WO Fixed Term Pro Eng Serv 1 cerfice
W.O. WMBP-FT -99-03
9
NOV 0 9 1999
PG. t..f
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER NO. 1 (C) (FINAL) TO CONTRACT NO. 97-1771,
REMOVAL OF NON-SPECIFICA nON MA TERIAL FROM THE NAPLES
BEACH.
OBJECTIVE, To obtain approval of die tinal change older to enable close-out of
Contract No. 97-2771.
CONSIDERATION: On February 24, 1998, the Board of County Commissioners
awarded a contract for Bid No. 97-2771, Removal of Non-Specification Material from
the Naples Beach to C.B.E. Trucking Company, Inc. in the amount of $99,982.00.
Subsequent to this award, on April 7, 1998, the Board of County Commissioners
authorized an increase to the scope of work for Contract No. 97-2771 in an amount not to
exceed $350,000.00. This authorization was approved as Change Order #1 by the Board
on May 19, 1998 [Agenda Item 8(B)(3)]. Subsequent change orders to date on this
contract are described as follows:
Change Order #
1 (A)
Description
Increased manpower and equipment costs
necessary for compliance with the FDEP/
ACOE pennit conditions during the sea
turtle nesting season
Amount
--
$14,609.52
1 (B)
Set forth conditions pertaining to payments for
work perfonned through an amendment to the
contract documents
$0.00
Change Order No.1 authorized suspension of work on this contract until after the 1998
sea turtle nesting season and established a final completion date of 90 calendar days after
the notice to proceed date for resumption of work. A notice to proceed to resume work
was issued effective December 7, 1998 resulting in a final completion date of March 2,
1999.
The attached change order is the result of requests from the contractor relative to changes
in the work as directed by the Owner. The summary of recommendations included with
the change order outlines items of additional work together with the requested and
recommended amount for each. These recommendations were the result of extensive and
prolonged negotiations between the staff and the contractor and are considered by the
staff to be a fair and reasonable adjustment to the contract amount for the additional work
performed. Along with approval of this final change order, work under this contract is
considered to be completed and therefore authorization to close out contract #97-2771 is
requested,
~
AGENOA ~rr. ~\
NO. /I II (8) V 0,;
NOV 0 9 1999
PG. I
Executive Summary
Change Order to Contract No. 97-2771
Page Two
FISCA L IMPACT: The recommended amount of this change order exceeds the amount
included in the current budget for this project. Therefore, approval of a budget
amendment is requested whereby funds in the amount of $168,100.00 will be transferred
from the reserves of Fund 195 to the appropriate expenditure category for this obligation.
Funds in the amount of$3,980,100.00 are available in the reserves of Fund 195.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve Change Order No. 1 (C) to Contract No. 97-2771 and authorize
closeout of the contract.
2. Approve the necessary budget amendment for this obligation.
3. Authorize the PWED Director to execute the change order.
-..
SUBMlTTEDBY:~-
arold E. Huber, Project Manager III
Public Works Engineering Department
Date: 16-'7.99
;?
effBibby, P.E., Director
Public Works Engineering Department
APPROVEDBy:4~~
Ed I1schner, Administrator
Public Works Division
Date: / uft'-! If 7
REVIEWED BY:
Date:~'2.Y~
HEH.lh
attachment
cc: Jon C. Staiger, Ph.D., Natural Resources Manager, City of Naples
Beach RenourishmentlMaintenance Committee
C.B.E. Trucking Company, Inc.
.-
No.jj;O{S)r, ~
NOV 0 9 1999
PG. ~
CHANGE ORDER
TO: C. B. E. Trucking Company, Inc. FROM: Collier County Government
3994 Mercantile Avenue Public Works Engineering Deparbnent
Naples, FL 34104 3301 East Tamiami Trail, Bldg. H
Naples, Florida 34112
Project Name: Removal of Non-Specification Material from the Naples Beach
Construction Agreement Dated: February 24, 1998 Bid No.: 97-2771
Chanf'e Order Nn..: 1 (C ) Date: Oc-tcbcr 12, ] 99<)
..::..=-..-.- ....-- "'--'---.-. _._-_._.._.~----_.
Change Order Description: The purpose of this Change Order is to provide appropriate
compensation for additional work as directed by the Owner and performed by the Contractor on the
subject project. Such shall be as contained in the Summary of Recommendations attached hereto.
Original agreement aJl10unt ....................... ........ .... ........ ................ ... .... ... $
Sum of previous change orders aJl10unt ................................................... $
This Change Order Arnount .... .......... ................. ......... ............ ....... ......... $
Revised Agreement Amount... ............... .......... ...... ..... .............................. $
99,982.00
350,000.00
168,054.93
618,036.93
Substantial Final
Original contract time in calendar days... ... ... ... ... ... ... ... ... ... ... ... ... ... 40 45
Adjusted number of calendar days due to previous change orders 434 439
This change order adjusted time is 64 64
Revised Contract Time in calendar days... ... ... ... ... ... ... ... ... ... ... ... .... 498 503
Original Notice to Proceed date .........................................................
Completion date based on original contract time .................................
Revised completion date ......................... ........ ... ......... ......................
March 16, 1998
April 30, 1998
May 05, 1999
Your acceptance of this change order shall constitute a modification to our Agreement and will be
performed subject to all the SaJl1e terms and conditions as contained in our Agreement indicated
above, as fully as if the SaJl1e were repeated in this acceptance. The adjusnnent, if any, to this
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising
out of, or related to, the change set forth herein, including claims for impact and delay costs.
Prepared by:
Harold E. Huber
PWED Project Manager III
Date:
Recommended by:
Michael T. Poil P.E. Date:
Design Professional (sign and print or type name)
Accepted by:
Robert E. Cadenhead
Contractor (sign and print or type naJl1e)
Date:
Approved by:
Date:
Jeff Bibby, P.E., PWED Director
(Foc Use by Owner Fund: 195 Cost Center: 110406 Object Code: 634999 Project No.: 80225)
G:\FormsIChange Order Master.doc Revised 02/03/98
Change Order C.B.E. Trucking Co.
NO. A,(ttS)U 0)
NOY 0 9 1999
.3
pc.
CONTRACT NO. 97-2771; FINAL CHANGE ORDER
SUMMARY OF RECOMMENDATIONS
DESCRIPTION
REQUESTED RECOMMENDED
AMOUNT AMOUNT
$100,424.84 $98,247.12
A. Basic Services
NO. Ail:ff3J0 0)
NOV 0 9 1999
PG. t/-
EXECUTIVE SUMMARY
REJECTION OF BID 98-2851 FOR PURCHASE OF CHEMICALS FOR ODOR AND
HYDROGEN SULFIDE CONTROL
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Collier County
Water/Sewer District, reject the bids received under invitation #98-2851 and authorize
the continued use of Bioxide for control of Hydrogen Sulfide odor for the wastewater
collection system.
CONSIDERATIONS:
1. The bid invitation was posted on September 29, 1998. One Hundred and thirty one (131)
inquiries were sent to vendors, and three bidders responded.
2. Performance testing ofthe chemicals was performed by each bidder. Such testing included
measurement of hydrogen sulfide gas in the air in the wet well, total hydrogen sulfide
concentration in the wastewater, pH in and temperature of the wastewater. Bidders are now
disputing test results and Staff believes that other options, including a system approach,
should be explored. Staff therefore recommends the rejection of Bid #98-2851.
3. The Board of County Commissioners originally approved the use of Bioxide from U. S. Filter
as a sole source for odor control in January of 1992, and again in 1996. Bioxide is a product
patented by U.S. Filter and is a sole source. Due to the recommended rejection of Bid 98-
2851, Staff recommends that the Board approve the continued use of Bioxide as a sole source
for odor control until a re-bid for odor control can be accomplished.
FISCAL IMP ACT: The fiscal impact of awarding a contract to U. S. Filter is estimated to be
$209,000 total. For FY 99/00 the North Water Reclamation Facility has budgeted $130,000 and
the South Water Reclamation Facility has budgeted $79,000 for this chemical and service.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Collier
County Water Sewer District, reject Bid #98-2851 and approve the purchase of Bioxide from U.
S. Filer as a sole source for Hydrogen Sulfide and odor control for the Wastewater Collection
system.
Prepared by:
~
Date: 10. 2K. '19
J ph Cheatham, Wastewater Director
Reviewed by: ~ 1f' ca..uvt1;4(
Steve Carnell, Purchasing Director
Reviewed by: ~ ~~~--
~~~~d:i=~r
Date:
\o-'Z-t-qq
Date/c> -.J 9-99
-
AGEN9A -Q-E"
NO. ,~ lB.t-")
NOV 0 9 1999
PG. J
, OCT 07 '99 11:41AM U S ~ILTER DAVIS PROCESS
P.2/2
USFilter
U.$ PlLTER I OAVI$ PROCESS
2650 TAllEVAST RQAD P. O. BOX 29
SARASOTA. FI. 34243 TALl.EVAST, FL 34270
TEl..EPHONE 941-355-2971 fACSIMile 941~104756
October 7, 1999
Mr. Dennis Bamerd
Collier County Government
3301 E. Tamiami Trail
Bldg., H, 3rc1 Floor
Naples. FL 34112
RE: SOLE SOURCE BIOXIDE~
Dear Mr. Bamerd:
USFilter is the sole source provider ofBIOXIDE~
".-
The purchase ofBIOXIDE@ from USFilter constitutes an implied license to practice the process of
"Removal of Dissolved Hydrogen Sulfide and Reduction of Sewage BOD in Sewers and Other
Waste Systems", as described in United States Patent #4,911,843.
Should you have any questions or require additional infoIIDation please feel free to contact me at 1-
800-345-3982.
Sincerely,
USFILTER
clJ7!J~
Doug Davis
Sales Manager
.-
tmP:/ {WWW,VSFII.TERCOM
NO.11.'(B)UJ)
NOV 0 9 1999
PG.
EXECUTIVE SUMMARY
RECOMMENDATION TO EXECUTE THE NOTICES OF CLAIM OF LIEN FOR THE
ENFORCEMENT OF THE NOTICE TO PAY SEWER IMPACT FEE FOR CERTAIN
PROPERTIES LOCATED IN THE FORMER ROOKERY BAY SEWER SERVICE AREA.
OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water and Sewer District
authorize the Chairwoman to execute all Notices of Claim of Lien attached for properties that have
not paid sewer impact fees within certain properties located in the former Rookery Bay Sewer
Service Area.
CONSIDERATIONS: The County purchased the Rookery Bay Utility (RBU) customer base on
February 1, 1999. In accordance with Ordinance No. 98-69, property owners have been notified by
certified mail that they were required to payor make arrangements to finance sewer impact fees. For
those owners failing to submit payment, staff elected to send a second notice by first class mail
reminding them to payor finance the sewer impact fee. Owners have the availability to finance the
sewer impact fees for seven years at a variable interest rate, which is currently at 5.52%. All
properties to be liened have had in excess of 90 days to pay the fee or arrange financing.
Notice of Lien for Delinquent Payment of Sewer Impact Fees letters to property owners have been
prepared and upon execution and recordation of the liens, staff will proceed to mail said liens via
certified mail:
Owners Name
Rebecca M. Collison
Winfred & Imogene McMahan
Nancy E. Stone
John & Katrina Barrett
Timothy Carman & Mary Clary
Francisco & Paula Obregon
Philip & Phyla Smith
Folio Number
48482240000
48484160007
48480200000
68343960001
68344080003
68341600004
68344120002
Dollar Amount
$1,055.00
$1,055.00
$1,055.00
$ 69.18
$ 69.18
$ 69.18
$ 69.18
Location of Property
Gulf Winds Apt C-306
Gulf Winds Apt F-l 05
Gulf Winds Apt A-I05
Port Au Prince Lot 102
Port Au Prince Lot 105
Port Au Prince Lot 42
Port Au Prince Lot 106
The County Attorney's Office has reviewed and approved the above listed Notices of Claim of Liens
for legal sufficiency.
FISCAL IMP ACT: Funds have been budgeted for postage and recording the liens in the Utility
Operations fund (408). Sewer impact fees and delinquent interest charges will be collected from
property owners in accordance with County Ordinances and Laws of Florida, and deposited in the
sewer impact fee fund (413).
_.
GROWTH MANAGEMENT IMP ACT: None.
NO. AfL,fil(3)tl~)
NOV 0 9 1999
PG. I
Executive Summary-Liens
Page 2
RECOMMENDATION: That the Board of County Commissioners as the governing body of
Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water and
Sewer District authorize the Chairwoman to execute the Notices of Claim of Lien for Sanitary Sewer
System Impact Fees for the collection of the sewer impact fees and record those same Notices of
Claim of Lien within the Official Records of Collier County.
SUBMITTED BY: ~ClN\ Urk.v
Susan Usher, Senior Ascountant
REVIEWED BY. ~< /
L~
APPROVED BY:
7'
Ed Ilschner, Public Works Administra or
AGENDA !'{9'1
NO. I/~ (8jui)
NOV 0 9 1999
pc. ,;(
This instrument prepared by: ~ I. -'
Office of the County Attorney (e f~-
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 48482240000
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions oflaw, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Unit No. C-306, of Gulf Winds East, a condominium, as recorded in Condominium Plat
Book 4 at Pages 153-154, of the Public Records of Collier County, Florida, together with
the pro-rate interest in the common elements, and common property, of the condominium
and limited common elements appurtenant thereto, more particularly delineated and
identified in the Declaration of Condominium of Gulf Winds East, a condominium, as
recorded in Official Records Book 508, at Page 165 through 224, inclusive, as completely
amended in Official Records Book 939, Pages 1170 through 1236, and as amended by the
Final Surveyor's Certificate and other amendments thereto.
The mailing address of this property is 1024 Manatee Road, Apt C-306, Naples, Florida 34114.
According to the Public Records of Collier County, Florida, the described property apparently is
owned by REBECCA M. COLLISON, whose post office address is 102 Wooden Ridge Road,
Swanton, Maryland 21561. This Notice of Claim of Lien for Sanitary Sewer System Impact
Fees is in the principal amount of$I,055.00, which principal amount shall accrue interest from
June 7, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis
until paid.
Dated this _ day of
ATTEST:
DWIGHT E. BROCK, CLERK
,1999.
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNINGBOARDOFTHECOLLffiR
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAIRWOMAN
NO. AjZ,U{81B)
NOV 0 9 lS~:i
PG. 3
This jnstrument prepared by: r; r'l1 ~
Office of the County Attorney l ( ~
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 48484160007
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Unit F-105, ofthat certain condominium known as Gulf Winds East Condominiums Unit
I, according to the Declaration of Condominium thereof on file and recorded in the office
of the Clerk of the Circuit Court of Collier County, Florida, in Official Record Book 508,
pages 165, et seq., as may be amended, together with said Unit's share of the common
elements appurtenant thereto.
,-
The mailing address of this property is 1014 Manatee Road, Apt. F-105, Naples, Florida 34114.
According to the Public Records of Collier County, Florida, the described property apparently is
owned by WINFRED H. MCMAHAN AND IMOGENE MCMAHAN, husband and wife, whose
post office address is 4332 Jones Cove Road, Sevierville, Tennessee 37876. This Notice of
Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00,
which principal amount shall accrue interest from June 6, 1999, at the statutory interest rate for
final judgments, calculated on a calendar day basis until paid.
Dated this _ day of
ArrEST:
D~GHTE.BROCK,CLERK
.1999.
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAlRWOMAN
Ayp~i:'A I{pt '] 1
NO. IfJ (" .J I ~
NaV 0 9 1999
PG. 4-
This instrument prepared by: p ~
Office of the County AttomeYI(III
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 48480200000
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions oflaw, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
That certain Condominium Parcel composed of Apartment A-I 05 of Unit Number I,
together with an undivided share in the common elements appurtenant thereto, in
accordance with and subject to the covenants, conditions, restrictions, easements, terms
and other provisions of the Declaration of Condominium of Gulf Winds East, Unit 1, as
recorded in O.R. Book 508, at Pages 165 through 225, of the Public Records of Collier
County, Florida.
The mailing address ofthis property is 1000 Manatee Road, Apt A-lOS, Naples, Florida 34114.
According to the Public Records ofColIier County, Florida, the described property apparently is
owned by NANCY E. STONE, whose post office address is 5322 Catts Street, Naples, Florida
34113. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal
amount of$I,055.00, which principal amount shall accrue interest from June 5,1999, at the
statutory interest rate for final judgments, calculated on a calendar day basis until paid.
Dated this _ day of
ATTEST:
DWIGHT E. BROCK., CLERK
,1999.
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAIRWOMAN
NO. ~Gft:{ ljjr/~
NOV 0 9 1999
PG. 5
This instrument prepared by: 0 f-/ ~
Office of the County Attorneyj(~"
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 68343960001
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board ofthe Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Lot 102, PORT-AD-PRINCE MOBILE SUBDIVISION, according to the plat thereof
recorded in Plat Book 13, Page 51, Public Records of Collier County, Florida
The mailing address ofthis property is 102 Moon Bay Street, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the described property apparently is owned by
JOHN LEE BARRETT and KATRINA M. BARRETT, husband and wife, and whose post office
address is 810 Merry Lane, Greenwood, Indiana 46142. This Notice of Claim of Lien for
Sanitary Sewer System Impact Fees is in the principal amount of $69.18, which principal amount
shall accrue interest from April 27, 1999, at the statutory interest rate for final judgments,
calculated on a calendar day basis until paid.
Dated this _ day of
,1999.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAIRWOMAN
NO. AG/~D(~J1W.
NOV 0 9 iS99
PG. L
This instrum. 1t prepared by: A ~
Office of the County Attorney-\ (Jy~
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 68344080003
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions oflaw, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Lot 105 Port-Au-Prince, according to the Plat Book 13, Page 51, of the Public Records of
Collier Count, Florida
The mailing address ofthis property is 105 Moon Bay Street, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the described property apparently is owned by
TIMOTHY LYNN CARMAN and MARY ANNE CLARY, Joint Tenants with Right of
Survivorship, whose post office address is RR #2, Box 7092, Fort White, Florida 32038. This
Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of
$69.18, which principal amount shall accrue interest from April 26, 1999, at the statutory interest
rate for final judgments, calculated on a calendar day basis until paid.
Dated this _ day of
ATTEST:
DWIGHT E. BROCK, CLERK
,1999.
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MACKIE,
CHAIRWOMAN
NO. AG7~'{8~
NOV 0 9 i999
7
PC.
-
This instrument prepared by: A J .~
Office of the County AttorneYTcVlr
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 68341600004
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions oflaw, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Lot 42, Port-Au-Prince, according to the plat recorded at Plat Book 13, Page 51 of the
Public Records of Collier County, Florida.
..-
According to the Public Records of Collier County, Florida, the described property apparently is
owned by FRANCISCO and PAULA OBREGON whose post office address is the same as the
property address is 42 Moon Bay Street, Naples, Florida 34114. This Notice of Claim of Lien
for Sanitary Sewer System Impact Fees is in the principal amount of $69.18, which principal
amount shall accrue interest from April 24, 1999, at the statutory interest rate for final judgments,
calculated on a calendar day basis until paid.
Dated this _ day of
,1999.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAIRWOMAN
AG(~r.'~~\?-J ., )
NO. /~ u:J~
NOV 0 9 f)~9
PG. J-----..---
....,..-.,........, ~._.... .~~L._ ~
This instrument prepared by: I~ V
Office of the County Attorney~ IV
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Folio Number: 68344120002
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other
applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as
the Governing Board of Collier County and as Ex-officio the Governing Board ofthe Collier
County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer
System Impact Fees on the following described real property located in Collier County, Florida,
to wit:
Lot 106, Port-Au-Prince, according to the Plat recorded at Plat Book 13, Page 51 of the
Public Records of Collier County, Florida.
The mailing address of this property is 106 Moon Bay Street, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the described property apparently is owned by
PHILIP SMITH and PHYLA SMITH, whose post office address is 1027 Admiralty Court,
Marco Island, Florida 34145. This Notice of Claim of Lien for Sanitary Sewer System Impact
Fees is in the principal amount of $69 .18, which principal amount shall accrue interest from
April 24, 1999, at the statutory interest rate for final judgments, calculated on a calendar day
basis until paid.
Dated this _ day of
,1999.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
PAMELA S. MAC'KIE,
CHAIRWOMAN
NO. A7~{~)U~
NOV 0 9 1999
PG. q
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT TO PURCHASE A WIND BASED ODOR
CONTROL SYSTEM FOR THE NAPLES LANDFILL AND AUTHORIZE
THE CHAIRWOMAN TO SIGN THE AGREEMENT.
OBJECTIVE: To gain approval from the Board of County Commissioners to enter into
an Agreement for the purchase of a wind based odor control system for the Naples
Landfill.
CONSIDERATION: On May 25,1999 the Board of County Commissioners (8B3)
approved $2.78 million in funding for site improvements to address the odor problems at
the landfill.
An odor control fan system was included in the funding approval. The system cost was
estimated at $250,000. The system was identified as a sole source to be acquired on a
lease purchase basis. The final agreement negotiated incorporates a purchase price of
$248,880 with a buy back clause. The agreement requires the contractor to buy back the
system at 60% of the original price if the system does not meet performance requirements
after the initial operating year.
-
FISCAL IMPACT: $248,800 is currently budgeted in the Solid Waste fund.
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDA nON: That the Board of County Commissioners approve the
agreement and authorize the Chairwoman to sign the agreement
SUBMITTEDBV. ,44~
David W. Russell, Director, Solid
Waste Management Department
,,-
Date: /(7-c?-t ~ '1:/
APPROVED~~...-..
Ed Uschner, Public Works Administrator
Date: /0 ~;?1- ?7
-
AG[NO~ ITV' 1\
NO. / (It II3.J ' 3..)
NOV 0 9 1999
PG. ,
, .
WIND BASED ODOR CONTROL SYSTEM
AGREEMENT
THIS AGREEMENT, made and entered into on this day of
1999, by and between Eric' sons, a Chapter "C" corporation organized under the laws of the State
of Nevada, hereinafter called the "Contractor", and Collier County a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Notice to Proceed to the Contractor by the Project Manager.
The County Administrator or his designee may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
eighty (180) days. The County Administrator, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten
(10) calendar days prior to the end of the Agreement term then in effect.
2.
STATEMENT OF WORK: The Contractor shall furnish, install, start-up, test, warranty
and maintain for a one (1) year period the Wind Based Odor Control System ("System")
as described in Exhibit A, to be powered by electricity. Installation of said system is to
control odor generated from Phase III of Cell 6 in the Naples Landfi1llocated on C.R.
951. The Contractor shall provide anchor bolt drawings, foundation designs for concrete
fan bases, system layout drawings and electrical distribution and control plans. The
Contractor shall also provide training of County and contracted landfill operations
personnel on the operation of the system. The Contractor shall provide engineering for the
concrete fan bases but is not responsible for the cost or installation of same. The County
shall be responsible for the power supply to the thirteen (13) fans, control wires from the
weather station to each of the motor starters located at each fan, and the concrete
foundations for each fan.
-,
3. AGREEMENT SUM: The County shall pay the contractor for the performance of this
Agreement the amount of Two Hundred Forty-eight Thousand Eight Hundred Eighty
Dollars ($248,880.00).
4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement upon completion of the work as accepted and approved by the Solid Waste
Director or his designee and upon receipt of a proper invoice. Payments shall be made to
the Contractor when requested as work progresses, but not more frequently than once per
month, for the actual hours worked and deliverables received in the preceding month, less
10% retainage for each deliverable. Upon final acceptance of all deliverables, equipment
and the successful operation of the system by the County, the County will pay the
No,tt:Tetlv
NOV 0 9 1SB~
pc. .:J
1
contractor the total amount withheld. Payment will be made within thirty (30) days upon
approval of work and materials and receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
5. PROGRESS PAYMENTS: Contractor's first monthly Application for payment shall be
based on the Schedule of Values shown in Exhibit A. The Contractor's request for payment
shall be made on the Form of Contract Application for Payment (Exhibit B) and
accompanied by a Release and Affidavit Form (Exhibit C).
6. NOTICES: All notices from the County to the Contractor shall be deemed duly served if
mailed by registered or certified mail to the Contractor at the following address:
Larry 1. Finn
Eric' sons
300 W. Memorial Drive
Dallas, GA 30132
770-505-6003
All notices from the Contractor to the County shall be deemed duly served if mailed by
registered or certified mail to the County at the following address:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
General Services Building
Naples, Florida 34112
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
7. PA YMENT BOND: In lieu of the Contractor providing a Payment Bond, Contractor
agrees that the County shall make direct payment to the Contractor's equipment suppliers
hereunder, not to exceed the amounts for components described on Exhibit A hereof
8. AGREEMENT TIME: Time is of the essence in the performance of the Work under this
Agreement. The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Project Manager. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. Any Work performed by Contractor prior
to the Commencement Date shall be at the sole risk of the Contractor. The Work shall be
substantially completed within ninety (90) calendar days from the Commencement Date.
The date of substantial completion of the Work (or designated portions thereof) is the date
certified by the Project Manager when construction is sufficiently complete, so the County
can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended as indicated on the Certificate of Substantial Completion (Exhibit D). The work
NO. Aj!:,DlsJ.)3)
NOV 0 9 199~
PG. .3
2
f.
shall reach final completion and be ready for final acceptance by the County within one
hundred twenty (120) calendar days :from the Commencement Date (herein "Agreement
Time"). Upon final completion, the Final Payment Checklist (Exhibit E) shall be issued by
the Project Manager to the Contractor.
9. WARRANTY: Contractor shall warranty all equipment against defects in material and
workmanship for a period of one (1) year. The one (1) year maintenance contract
requirement covers the operational aspects of the entire system. The Contractor shall be
responsible for the cost of attenuation of noise produced by the system in excess of 50
decibels on the audible scale at a distance greater than 1000 feet :from the landfill property
line.
10. MAINTENANCE: Contractor shall provide maintenance for a one (1) year period, to
include all transportation costs for Contractor personnel, parts and labor, and any other
costs required to maintain the system in one hundred percent (100%) correct operating
condition.
11. LITERA TURE: The Contractor shall furnish the following to the County :
A. Two (2) Operator Manuals
B. Two (2) Repair Manuals
C. Two (2) Parts Manuals
12. SOFTWARE: The "Software Package" furnished by the Contractor to run the Energy
Saving Control system shall include the source code and all future upgrades.
13. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
14. PERMITS. LICENSES. TAXES: In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for
all such permits issued by the County shall be processed internally by the County. All non-
County permits necessary for the prosecution of the Work shall be procured and paid for by
the Contractor. The Contractor shall also be solely responsible for payment of any and all
taxes levied on the Contractor. In addition, the Contractor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the U. S. Government now in
force or hereafter adopted. The Contractor agrees to comply with all laws governing the
responsibility of an employer with respect to persons employed by the Contractor. Florida
Department of Environmental Protection Permits will be the responsibility of the County.
15. NO L'1PROPER USE: The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive purpose,
or for any purpose in violation of any federal, state, county or municipal ordinance, rule,
order or regulation, or of any governmental rule or regulation now in effect or hereafter
3
AG(~A IT~ 9
NO. I (8." I 3
NOV 0 9 1999
PG.
, . t.
enacted or adopted. In the event of such violation by the Contractor or if the County or its
authorized representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the Contract of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to
the satisfaction of the County within twenty-four (24) hours after receiving notice of such
violation, conduct, or practice, such suspension to continue until the violation is cured. The
Contractor fbrther agrees not to commence operation during the suspension period until the
violation has been corrected to the satisfaction of the County.
16. TERMINATION: Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County and requirements of this Agreement, the County may
terminate said Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
17. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
18. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products
and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
c. Workers' Comoensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on both the Comprehensive General Liability and
Business Auto Liability Policies.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
AHNDA 8~
NO. I f6 {B .)(J~-
NOV 0 9 1999
PG. S
4
I. . .
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
19. INDEMNIFICATION: The Contractor, in consideration of One Hundred Dollars
($100.00), the receipt and sufficiency of which is accepted through the signing of this
document, shall hold harmless and defend Collier County and its agents and employees from
all suits and actions, including attorney's fees and all costs of litigation and judgments of any
name and description arising out of or incidental to the performance of this contract or work
performed thereunder. This provision shall also pertain to any claims brought against the
County by any employee of the named Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them. The Contractor'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
Contractor's limit of, or lack of, sufficient insurance protection. the first One Hundred
Dollars ($100.00) of money received on the agreement price is considered as payment of this
obligation by the County.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
20. THIS AGREEMENT shall be administered on behalf of the County by the Solid Waste
Department.
21. COMPONENT PARTS OF THIS AGREEMENT: This Agreement consists of the
attached component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Insurance Certificate(s) and Exhibits A through F.
22. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
23. :MODIFICATION. No modification or change to the agreement shall be valid or binding
upon the parties unless in writing and executed by the party or parties intended to be bound by
it.
24. NO WAIVER. The failure of the County to enforce at any time or for any period of time any
one or more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and every
such provision.
25. ENTIRE AGREEMENT. Each of the parties hereto agrees and represents that the
Agreement comprises the full and entire agreement between the parties affecting the Work
contemplated, and no other agreement or understanding of any nature concerning the same
has been entered into or will be recognized, and that all negotiations, acts, work performed, or
NO. /t,N,JYria)
, -'
NOV 0 9 1999
PG. ;:
5
payments made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
26. SEVERABILITY. Should any provision of the Agreement be determined by a court to be
unenforceable, such a determination shall not affect the validity or enforceability of any other
section or part thereof
27. CHANGE ORDER AUTHORIZATION. The Project Manager shall have the authority on
behalf of the County to execute all change orders to the Agreement to the extent provided for
under the County's Purchasing Policy and accompanying Administrative Procedures and as
exhibited on the Change Order form attached hereto as Exhibit F.
28. GOVERNING LAW: This Agreement shall be interpreted under and its performance
governed by the laws of the State of Florida. Any disputes of this Agreement shall be
governed by the Courts of Collier County, Florida.
29. VENDOR PERFORMANCE EVALUATION. Collier County has implemented a Vendor
Performance Evaluation System for all contracts awarded in excess of $25,000. To this end,
the Contractor will be evaluated on its performance upon completion/termination of this
Agreement.
30. YEAR 2000 COMPLIANCE. Collier County requires all vendors doing business with the
County to be Year 2000 compliant. Contractor shall take all necessary and appropriate steps
to pro actively ensure that all technologies, systems, equipment and processes critical to the
Contractor's ability to provide required products/services to the County will be.able to
function properly as of January 1, 2000.
31. BUY BACK PROVISION. If, after a twelve (12) month period following the acceptance of
the system, said system fails to control odor generated from Phase ill of Cell 6, the
Contractor agrees to buy back the system at sixty percent (60%) of the original purchase
price of $248,880. Failure of said system to control odor will be determined solely by the
County based on events of odors generated from Phase III Cell 6 and detected outside the
total landfill site boundary. The Contractor will buy the system back within two hundred
seventy (270) days of notice by the County. The system will remain the property of the
County until payment is made. The Contractor will have ninety (90) days to remove the
system after payment.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by a
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
NO. il:(8)r13)
.., -
NOV 0 9 1999
pc. 7
6
, .
.-
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
~,f1 ~~
First ess
~11\-OU~ t=JN hi
TypelPrint Witness Name
Approved as to form and
legal SUffiC~
K ~~
Robert Zachary
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Pamela S. Mac'Kie, Chairwoman
CORPORATE SEAL
(Corporations Only)
7
NO. Arr.,U( ~XIV
NOV 0 9 lSS::i
PG. f
. .
EXHmIT A
SCHEDULE OF VALUES
One (1) Energy Saving Control System Software
Four (4) 100 hp Wind Machines
One (1) 100 hp Virtual Chimney
Eight (8) 10 hp Mariah Fans
One (1) System Engineering
One (1) Installation, Start-up and Testing
Five (5) 100 hp Starters and Disconnects
Eight (8) 10 hp Starters and Disconnects
20% Office Fee
8
$10,000.00 each
$20,000.00 each
$30,000.00 each
$5,000.00 each
$10,000.00 each
$25,000.00 each
$2,000.00 each
$300.00 each
$41,480.00 each
NO. AiC,or ~tl V
NOV 0 9 1999
pc. 9
EXHIBIT B
FORM OF CONTRACT APPLICATION FOR PAYMENT
____ (County Project Manager)
_. ________(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through:
(Contractor's Address) the Date
(project Name)
RE:
Original Contract Time:
Revised Contract Time:
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
completed to Date:
%
Total earned Less Retainage $
Percent Contract
Less previous payment (s) $
Time completed to Date %
AMOUNT DUE TillS
APPLICATION: $
A TT ACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENT A TION TO
THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all
previous progress payments received from OWNER on account of Work done under the Contract
referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through
_ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise
listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond
acceptable to OWNER); (3) all amounts have been paid for work which previous payments were
issued and received from the OWNER and that current payment is now due; (4) and
CONTRACTOR agrees that all overruns as shown on the montWy estimate summary shall, in
fact, be added to the revised contract and shall be incorporated into a future Change Order:
NO. ~"it,O( ~T~'(;.3 )
., -
NOY 0 9 1999
PC. / tJ
9
. .
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE TIllS APPLICATION is
approved:
By OWNER'S Project Manager:
(signature) DATE:
(Type Name and Title)
NO. ~"r l3jti~
NOV 0 9 1999
PG. II
10
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before
me,
the
undersigned
authority, personally appeared
who after being duly sworn, deposes
and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether
in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to
the performance of the Agreement between Contractor and Owner, dated , 1999 for the period
from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or
a demand against any payment bond might be filed, have been fully satisfied and paid.
-
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of
liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work
covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
1999, by , as of
___ . ______ ____ _, a corporation, on behalf of the corporation.
NO. it! lj(;.3)
- ../
NOV 0 9 1999
PG. /0/
11
He/she is personally known to me or has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
as
NAME:
12
(Signature ofNotaIy)
(Legibly Printed)
NotaIy Public, State of
Commissioner No.:
NO. A~O( JY(i3)
'" ../
NOV 0 9 1999
pc. /3
. .
EXHIBIT D
CERTIFICA TE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to
the following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared
to be substantially complete in accordance with the contract documents on:
DA TE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of
CONTRACTOR to complete all the Work in accordance with the Contract Documents. The
items in the tentative list shall be completed or corrected by CONTRACTOR within
days of the above date of Substantial Completion.
EJCDC NO. 1910-8-D (1993 Edition)
Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of
America.
Reprinted 5/85
NO. A/~'(lV3)
." -
NOV 0 9 1999
PG. /1-
13
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSffiILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in
accordance with the Contract Documents.
CONTRACTOR accepts this Certificate of Substantial Completion on
199
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial COI?pletion on
1999
OWNER
By:
Type Name and Title
NO. A'G;A{~j(l a)
-
NOV 0 9 1999
PG. jj-
14
Project No.: Date:
Contractor:___________
The following items have been secured by the
for the Project known as
, -
EXHIBIT E
FINAL PAYMENT CHECKLIST
, 2,000
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time:
Final Completion Time:
Calendar Days.
Calendar Days.
YES
NO
1.
2.
All Punch List items completed on
Warranties and Guarantees assigned to County (attach
to this form).
Effective date of General one year warranty from
Contractor is:
3.
4.
2 copies of Operation and Maintenance manuals
for equipment and system submitted (list manuals in
attachment to this form).
Record drawings obtained and dated:
County personnel trained on system and equipment
operation.
Certificate of Occupancy No.:
issued on (attach to this
form).
Certificate of Substantial Completion issued on
Final Payment Application and Affidavits received from
Contractor on:
Consent of Surety received on
Operating Department personnel notified project is in
operating phase.
Other:
5.
6.
7.
8.
9.
10.
11.
12.
If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above,
attach explanation.
15
A'1'-""/~(~:I 1
HO.~
NOV 0 9 1999
FIG. /~
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
NO. It~( 4JrI V
NOV 0 9 1999
PG. /7
16
. .'
EXHIBIT F
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO.
TO:
DATE:
PROJECT NA1\ffi:
PROJECT NO.:
Under our AGREEMENT dated
You hereby are authorized and directed to make the following change( s) in accordance
with terms and conditions of the Agreement:
FOR THE (Additive) (Deductive) Sum of:
($
).
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this
Change Order. Accordingly, the Contract Time is now () calendar days.
The substantial completion date is and the final completion date is
Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any,
to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted:
,1999
CONTRACTOR:
OWNER:
17
/3
NOV 0 9 199~
pc. It
., .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
H:publicIRobtJ Agreements wind based odor control
18
NOV ~ 9 1999
PG. /
EXECUTIVE SUMMARY
REQUEST APPROVAL TO WAIVE LANDFll..L DISPOSAL FEES FOR
CONSTRUCTION DEBRIS FROM THE "BUll..D A HOME FOR GEORGE
PROJECT" IN IMMOKALEE.
OBJECTIVE: To gain Board of County Commissioner approval to waive landfill tipping
fees for the disposal of debris generated from the construction of the home for George
Smith.
CONSIDERA nON: Citizens, businesses and governmental agencies have come
together to assist William George Smith, a student at Immokalee High School who was
severely injured playing football. The "Build a Home for George Project" is now in the
construction phase. Commercial Clean-up Inc. has donated containers and trucking
services to deliver the waste to the Immokalee Landfill. The project supervisor has
requested waiver of the tipping fees for the construction debris.
FISCAL IMPACT: Approximately $200.
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDATION: To waive the disposal fees for the" Build a Home for
George Project" in Immokalee.
SUBMITTED BY:c4~/?-f;!/~
David W. Russell, Director, olid
Waste Management Department
Date: /! ,),/ /99
,
APPROVEDBY:~ ~.-. "'
Ed Ilschne , Public Works Administrator
Date: tI/tfj.,<j
~ 8:11.:
AGeNOA n()l ,t"
NO.__,C. Ca)V-y
I ,!~OV,O 9 1999
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT FOR SALE AND PURCHASE FOR ADDITIONAL PROPERTY NEEDED
TO COMPLETE THE FUTURE NORTH NAPLES REGIONAL PARK
OBJECTIVE: Staff is requesting approval and execution of an Agreement for Sale and Purchase
(Agreement) with Mr. William A. Donovan and Ms. Patricia Anne Granados (f/k/a Patricia Anne
Donovan) who are willing to sell their property to Collier County to complete the future North Naples
Regional Park.
CONSIDERATION: On January 26,1999 (Item 8C1), and again on April 13, 1999 (Item 8C1), the Board
of County Commissioners approved the purchase of a 175+/- acre site south of Immokalee Road and
east of future Livingston Road, formerly owned by William Schweikhardt, Trustee. Collier County
acquired the 175 +/- acre parcel on May 28, 1999.
At the April 13, 1999 meeting, staff recommended that in order to alleviate some mitigation concerns and
to provide for future expansion needs of the regional park facility, staff would pursue the availability of
adjacent property. The Board directed that any and all agreements to purchase any adjacent sites must
be brought back to the Board of County Commissioners for review and approval.
,-..
On September 14, 1999, Item 16C(5), the Board of County Commissioners approved the purchase of
Tax Parcels 1.1, 31, 33.1,47,49, 55, 52, 53, 58, 64 & Misc. and 66. The property approved for purchase
comprised 26.73 acres. The purchase price of each property was based upon the same per acre cost
(and appraisal) of the previously acquired 175 acre park site or Thirty Thousand Dollars ($30,000) per
acre except for Tax Parcel 33.1, 64 and those other miscellaneous strips of land owned by Mr. John
Brugger. These sites were recommended for purchase above staff's estimate of market value based
upon the need for the property due to its location along future Livingston Road (the property may be
required to satisfy future right-of-way needs) and since the property will provide additional
ingress/egress locations to the regional park site.
At the September 14, 1999 Board meeting, county staff did not recommend the purchase of Tax Parcels
46 (5.589 acres) and 54 (.42 acres) owned by Mr. Donovan and Ms. Granados due to the firm counter-
offer received wherein they requested the County compensate them $19,830 above the County's initial
offer and pay the costs associated with the transfer of the property (documentary stamp taxes, etc.).
Neither parcel was considered essential to the park expansion project.
Recently, Mr. Donovan and Ms. Granados submitted a counteroffer, for their 6.009 acres, in the amount
of only $9,915 above the County's initial offer (or $31,650.02 per acre) which represents half the
difference between the County's offer and their first counteroffer. In addition, the property owners will
pay the costs associated with the transfer of the property (documentary stamp taxes).
-
~~;nJ!P t~~
N 0 V 0 ~ 1~99
Pg, I
A map depicting the location of Tax Parcels 46 and 54 and those properties acquired, or currently under
contract, is attached for reference.
Staff is recommending approval of the attached Agreement for Sale and Purchase in order to fully
complete the North Naples Regional Park project and provide for land to be used for additional park
amenities for use by the public.
The Agreement contains the following terms and conditions:
Pursuant to Florida Statute 125.355, the County must obtain one (1) appraisal on each site priced over
$100,000 prior to its purchase. An Appraisal Period of ninety (90) days from the execution of the
Agreement to obtain an appraisal. If for any reason whatsoever, the County is not satisfied with the
results of the appraisals, the County may terminate the Agreement given proper notice. Staff is
requesting the appraisal process be waived for Tax Parcel 54 wherein the purchase price is less than
$100,000 pursuant to Florida Statute 125.355(b).
In accordance with the terms of the standard Agreement for Sale and Purchase, the County has ninety
days (90) days from the execution of the Agreement to obtain a report from the County's Natural
Resources Department and the County's Pollution Control Department advising of any environmental
concerns in order to determine whether the site can be utilized for its intended purpose. If for any
reason whatsoever, the County is not satisfied with the results of any environmental report, the County
may terminate the Agreement given proper notice. (It must be noted that staff has already obtained a
positive report from the County's Natural Resources Department and the Pollution Control Department.)
If the County has not terminated the Agreement pursuant to any other provision in the Agreement and
decides, prior to closing, to terminate the Agreement, it may do so; however, the County shall incur a
one time cost of one percent (1 %) of the purchase price.
FISCAL IMPACT: Total costs of the property shall not exceed $193,200 which includes $190,185 for
land costs, $1,500 for an appraisal, $1,415 for title insurance, and $100 for recording fees.
These costs shall be withdrawn from Regional and Community Park Impact Fees - Reserves.
GROWTH MANAGEMENT IMPACT: The regional park site acreage would be added to the Collier
County park inventory.
~~~n?tp Yej~
NOV 0 9 1999
Pg. ~
RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the
Agreement for Sale and Purchase; 2. Authorize its Chairwoman to execute the Agreement upon its
presentation (once properly executed by the property owners); 3. Direct staff to obtain the necessary
appraisal required by Florida Statute 125.355 and waive the requirement for appraisals for Tax Parcel
54, which is valued at less than $100,000, pursuant to Florida Statute 125.355(b); 4. Direct staff to
proceed to acquire the site and follow all appropriate closing procedures; 5. Accept for recording in the
Public Records all properly executed conveyance instruments approved by the County Attorney's Office;
6. Approve any and all necessary Bud ndments to fund said purchase and related expenses.
PREPARED BY: DATE:
MARLA RAMSEY, PARKS AND RECREATION DIRECTOR
~~
REVIEWED BY: \ DATE: lOZ~~
THOMAS OlL! F, PUB RVICES ADMINISTRATOR ~
DATE: \~-2..~""~'\.
ERTY MANAGEMENT DIRECTOR
PREPARED BY:
SA
Ag.n~. It;.er.,
No. lip <!. r-
NOV 0 S 1999
PQ. ~ -
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between William A. Donovan
and Patricia Anne Granados (f/kla Patricia Anne Donovan), whose mailing address
is 2664 Airport Road South, Naples, Florida 34112, (hereinafter referred to as "Seller"),
and Collier County, a political subdivision of the ~ .ate of Florida, whose address is
3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS. Seller is the owner of that. ~ertain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described as follows:
The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4
of the Southwest 1/1 of Section 30, Township 48 South, Range 26 East, Collier
County, Florida, excepting therefrom, the South 30 feet and the West 30 feet, as
recorded in Official Record Book 2316, Page 3500 of the Public Records of Collier
County, Florida. (Folio #00198960007rrax Parcel 54)
AND
The South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4,
less and excepting the West 30 feet and the South 30 feet; AND the South 1/2 of
the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4,
being situate and lying in Section 30, Township 48 South, Range 26 East, Collier
County, Florida, as recorded in Official Record Book 376, Page 573 of the Public
Records of Collier County, Florida. (Folio #00198640000rrax Parcel 46)
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described above. The purchase of Tax Parcel 46 is
contingent upon the purchase of Tax Parcel 54 and visa versa.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be TWELVE
THOUSAND AND SIX HUNDRED AND NO/100 DOLLARS ($12,600) for Tax
Parcel 54 and ONE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED
EIGHTY FIVE AND NO/100 DOLLARS ($177,585) for Tax Parcel 46, for a total
Purchase Price of ONE HUNDRED NINETY THOUSAND ONE HUNDRED
EIGHTY FIVE AND NO/100 DOLLARS ($190,185), (U.S. Currency) payable at
time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days following
execution of this Agreement by the Purchaser unless extended by mutual written
agreement of the parties hereto. The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the
Closing shall be as follows:
Ag~nd6 Ile~
No. Ilo~.~~
NOV 0 9 1999
pCJ'. 1-
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. M~rketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. Prior to Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
j;
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.0115 A Quitclaim Deed in favor of Purchaser conveying any interest to
that property described as: The West 30 feet and the South 30 feet of
the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the
Northwest 1/4, being situate and lying in Section 30, Township 48
South, Range 26 East, Collier County, Florida.
3.0116 Voluntary Dismissal of the action entitled Patricia A. Granados
and William A. Donovan, Plaintiffs, vs. John N. Brugger, Trustee,
Defendant, Case No. 99-3445-CA, and Release of the Lis Pendens
filed on October 22, 1999 recorded in Official Records Book 2604, Page
1481.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible fur payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property including the recording of the Quit Claim Deed and
Dismissal, and Release, as referenced in Paragraph 3.011. The cost of the
Owner's Form B Title Policy, issued pursuant to the Commitment provided for in
Section 4.011 below, shall be paid by Purchaser. The cost of the title
commitments shall be paid by Purchaser.
Al'Jendp/ I).~"
NO .J1eLf..t ~
N (] V 0 9 1999
Pg. ~:(
-
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain
as evidence of title an AL TA Commitment for an Owner's Title Insurance
Policy (AL TA Fprm 8-1970) covering the Property, issued by Attorneys' Title
Insurance Fund, Inc. or Chici:.go ., itle, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
Seller agrees to furnish any existing surveys of the Property, if any, to
Purchaser within thirty (30) days of execution of this Agreement.
V. APPRAISAL PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
-, reports shall be furnished to the Seller.
5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Agenda l,te,,\
No. !(r( ~/;2..
N [) V 0 ~ 1999
pg. to
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property ca'1be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencieg of this Article VI shall be deemed waived. In
the event Purchaser elects to termmate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any 1055 or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized. agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 1998 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Seller. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
equity to a contract vendee, including the right to seek specific performance of
this Agreement.
Agenq, _ }-tft.,\,
No .J.~;;....
N (I V 0 9 1999
Pg. 1_
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10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agteement by giving written
notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 12.01 hereof. The parties acknowledge
and agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the ProPfrty or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or
other governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller sha!1 not encumber or convey any portion of the
Property or any rights therein nor enter into any agreements granting any
Agenda a"" .
No. Ih U:..; ~
N 0 V 0 9 1999
P9. ~
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person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
11.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation oqhe Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowljdge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
11.020 Seller has no knowledge that there are any suits, actions or
arbitration, bond issuances or proposals therefor, proposals for public
improvement assessments, pay-back agreements, paving agreements, road
expansion or improvement agreements, utility moratoriums, use moratoriums,
improvement moratoriums, administrative or other proceedings or
governmental investigations or requirements. formal or informal, existing or
pending or threatened which affects the Property or which adversely affects
Seller's ability to perform hereunder; nor is there any other charge or expense
upon or related to the Property which has not been disclosed to Purchaser in
writing prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
Age";" V~
No . ~.;L..
NOV 0 9 1999
P~.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with 'th~ application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conv~yance of title.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Heidi F. Ashton
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller:
Mr. William Donovan and Ms. Patricia Granados
2664 Airport Road South
Naples, Florida 3<1112
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
..- XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
Agenda It~f1I
No. /(P (~:<
~ ~ V u ~ 1999
Pg._ /0
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14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or arimits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
14.05 All terms andLwords used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
Agenda 14m
No. 1ft' ~
! (;-J 0 ~ 1999
Pg. I (
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated ProjecUAcquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
.
, Deputy Clerk
AS TO SELLER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-COD '/
BY: \..... ~,
Pamela S. Mac'Kie. Chairwoman
C(1L,PY
# .1.'
. ... ~~... ~
William A. Donovan
COpy
Patricia Anne Granados
(flk/a Patricia Anne Donovan)
~~~n~'f)t~
NnV 0 S )j99
P'1.
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EXECUTIVE SUMMARY
APPROV AL OF ADDITIONS TO AGREEMENTS AND RUN-TIME
LIBRARY USE LICENSE AGREEMENT BETWEEN DATA
RESEARCH ASSOCIATES, INC. AND COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS.
OBJECTIVE: Board approval to extend existing contract with Data Research AssQCiates, Inc.
(ORA) to accurately reflect new software and hardware purchased, with Board Approval, in FY99.
CONSIDERA TIONS: In April 1999, the Board approved purchase of a new computer server to
provide all Library automation applications. The cost included transfer of existing software licenses to
the new operating system and replacement of the software which provides many of the Library's special-
ized reports.
The Additions to Agreements and Run-Time Library Use License Agreement reflect these changes in
server, operating system and the software the Library uses, and extends the original agreement, that was
signed in 1992, to include these changes. The Agreements confirm that the Library will continue to pay
monthly maintenance fees for the software and hardware, and that ORA will continue to provide techni-
cal support for both hardware and software.
",- FISCAL IMPACT: No new funds are needed to pay automation maintenance. Funds were part of
continuing operating expense requests for the FY2000 budget. (129-156110-634200-33775)
GROWTH MANAGEMENT IMP ACT: This agreement extension has no direct growth manage-
ment impact.
RECOMl\-IENDA TION: Library Staff recommends that Additions to Agreements and Run-
Time Library Use License Agreement be signed by the Chairman, authorizing the inclusion of
new software and hardware in the Library's maintenance contracts with ORA.
Prepared by:
Marilyn
DATE: (olr~/rr
Reviewed and
Approved by:
John
DATE: 10(13 r'f1-
Reviewed and
Approved by:
Thomas W. Olliff, Pub
DATE:~
ervices Administrator
.---
~~~n/~ f&
NOV 0 9 1999
PC} .----1--
ADDITION TO AGREEMENTS
BETWEEN
DA T A RESEARCH ASSOCIATES, INC.
AND
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
WHEREAS, DATA RESEARCH ASSOCIATES, INC. ("DRA") and COLLIER COUNTY BOARD OF COUNTY
( OM 'VHSSION ERG ("Customer") ar.: parties to ar. Agreement for the purchase of an automated library system dated June
9, 1992, d~ amended, ("Agreement") and Agreement for Software Support, Maintenance and Update Service, dated June 9,
1992. as amended ("Support Agreement"); and
WHEREAS, ORA has completed its obligations under the Agreement; and
WHEREAS. Customer desires to upgrade its system with the purchase of additional equipment, under the terms and
conditions specified herein;
THEREFORE, in consideration of the mutual covenants herein, and for other good and valuable consideration. the
undersigned panies hereby agree to the following additions to the Agreement:
I, Customer shall purchase from ORA, the additional producls at the prices set forth on Appendix A. attached hereto
and incorporated herein,
':! Customer shall pay ORA for said additional products within thirty (30) days following delivery to Customer's site
and receipt of an invoice therefor. Customer shall pay DRA for miscellaneous expenses and services within thirty
(30) days of receipt of an invoice therefor.
, The hardware listed .A,ppendix A is warranted against defects in workmanship and materials in accordance with the
provisions slated in Appendix A.
DRA'~ 'p!~ responsibility under this warranty shall be to either repair or replace, ,at its option. the allegedly
dd;ctjvt: produce
EXCEPT AS PROVIDED HEREIN, DRA MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE
CONDITION OF THE PRODUCT(S), THEIR MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
~, DRA agrees to the transfer of the Applications Software licenses for the products known as MAR, CIR, PAC,
-\C), SH"" PH-~(}T, PH-Rt:I\, OOC-LICENSE, DRAI, (8)NETWRK-MANG, ORBIX and Web2 from
Customer's VAX 4300 proce~sOl, to an AlphaServer 12005/533 processor, for use by Customer pursuant to the
provisions of the Agreement and the provisions stated herein, in consideration for payment of the license fees
stated in Appendix A.
:. Customer agrees that upon transfer of the Applications Software to the AlphaServer 1200 5/533 processor, that
the AlphaServer 12005/533 processor shall be the only processor licensed to use the Applications Software, and
Customer shall certify that all copies of the software on the original V AX processor have been destroyed.
The license fees slated herein are conditioned upon Customer's use of the Applications Software on no more than
one hundred and ten (J 10) simultaneous sessions. In the event that Customer desires to use the ApplicatIOns
Softw:;r~ (';] more than on'.' hUl1crn:: act! ten 0 I 0) ~,;mll'tanecus sessions, Customer shall provide wrinen notice
to DRA of such intent. In such event, ORA may charge Customer additional license fees.
ClJ~h>~(',' desire:, to purchase additional sort'\\.lre 'icense~ ("New Software") for the license fees stated in
,"'r ~ll':.L x A, a'tached her;~~;> and I,;!' '1 onred herein. Ct',tonv.r 3grees W nav the lic':'ns,:, fc~s ,\ i!~ir thiny (lr;)
c,< c, k: i"',,, I. '6 I ..:u:",: ~, tile., _' \ ~;{, !T"I .: a..d <ill ;nvoi..(; therdor, Except as otht:rwise Slated herem, the
Appiications Software license purchased herein is subject to the same license terms and cond
the Agreement between the parties concerning other DRA Applications Software modules,
NOV 0 9 1999
~ac1: 1_ Ch
~
The parties acknowledge that Customer has previously purchased from DRA, a license for the Repon Writer
software module provided by Ross Systems, Inc., and Customer desires to cease using this version of the Repon
Writer software module, and instead license use of the Repon \' .,iter product marketed by ORA, produced by
Interactive Software Systems, Inc, called "UDMS Report Writer",
Customer is hereby granted a nontransferable, nonexclusive limited license to use the LJOMS Report Writer
software module on Customer's AlphaSernr 1200 5/533 processor, with a maximum of one hundred and len
(110) Simultaneous Sessions. Customer and DRA agree that the AlphaServer 12005/533 processor shall be the
only processor licensed to run the UDMS Report Writer !:.oftware module, and that this software module is subject
to the same intellectual property protection and confidentiality requirements as set forth concernmg ORA
Applications Sofu....are in the Agreement between the parties,
Maintenance and support services for the UDMS Report Writer module will be provided by ORA under the
provisions of the Support Agreement, in lieu of support for the Ross Report Writer. Customer acknowledges and
dgn;(;~ thd( b;;girJ.ini, ninety (90) days following inst~llation of the UDMS Report Writer sofuvare module, Jf1~
use by Customer of the Ross Report Writer software module will not be supported by DRA under the Support
Agreement.
8, The parties agree that the Support Agreement shall be amended to include the maintenance fees stated in Appendix
A for the ORA Applications Software, in lieu of those fees currently being paid for those products, such fees [0 be
payable beginning thirty (30) de:-s following transfer of the software to the AlphaServer 1200 5/533 processor,
Monthly maintenance fees for the New Software will apply beginning ninety (90) days following installation of
those products,
q The provisions of this Agreement may only be modified in Writing, and is binding only if executed by a
representative of DRA and a representative of Customer authorized to execute legally binding agreements on each
party's behalf.
FX':Cpl ,IS hereinabove amended, the Agreements between the parties are unchanged, and the applicable portions shall
rern;1:r: 1:1 full f0rcc and effect.
[)~::':('(~ t~.:\
J~i~, 'j f
1("
Dweight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COU NTY, FLORIDA. A
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
A.l :. L>l,;: (/~-:, \c C'1'~;-,,:;~nl~h.'
lhi-.uty Ckd.;
By: ,_ _______ _____._
Pame'.a S. Mac I Kie, Chairwoman
By:
Approved as to form and
L('''..I ~umcicnn: _,.
~ -~ \~~
lO'4A
Assistant County Attorney
DATA RESEARCH ASSOCIATES, INC.
Witness
\\ !,~ .
(CORPORA T[ SEAL)
Agend& rel :::>
NO . I (p (l ;;;>-
NOY 0 9 1999
W~2 ~_
-
DRA QUOTATION
QTE99016821
October 1, 1999
Data Rese'arch Associates, Inc.
Price Quotation
Prepared for:
Collier County Public Library
VAX to ALPHA 1200 Upgrade
Unit Purchase Monthly
Price' Price Maintenance
Hardware
DRA Classic AlphaServer 1200 5/533 Upgrade
39,962,00
39,962.00
219.00
Subtotal Hardware
39,962.00
219.00
Software
Multinet Downgrade or Lateral Transfer to Alpha
PSC Multinet Media/Documentation on CD-ROM
lona Orbix Administrators Guide
250.00 250.00
125.00 125,00
0,00 0.00 35.00
0.00 0,00
200.00 200.00
22,00 22.00
55.00 55,00
0.00 0.00
0.00 0.00 359.00
0.00 0.00 307.00
0.00 0.00 230.00
0.00 0.00 230.00
0.00 0.00 230.00
~~~n1b(~~
NOY 0 9 1999
Pg.
DRA Multinet Monthly Standard Maintenance - Wrkgrp
UDMS Report Writer Software
ORA L'DMS Documentation - VMS Version
ORA Classic Alpha WEB2 Documentation Kit
DRA Transfer of ORA Software License
DRA Cataloging Software License for 110 Users
DRA Circulation Software License for 110 Users
DRA Public Access Software License for 110 Users
ORA Acquisitions Software License for 110 Users
Dk.-\ S"I'D::i SOll.\:\rc License for J 10 Users
9:28:17AM
,
DRA QUOTATION
QTE990l6821
Subtotal Software
Octo ber 1, 1999
Unit Pu rchase Monthly
Price Price Maintenance
0.00 0.00 37.00
0.00 0.00 27.00
0,00 0,00 5.00
0.00 0:00 480.00
0.00 0.00 63.00
0,00 0.00
0.00 0.00 250.00
652,00 2,253.00
ORA Telephone Notice Sofuvare License/II 0 Users
ORA Telephone Renewal Software License/II 0 Users
ORA Offline Circulation Backup Software License
ORA Z39.50 Client/Server Software Lic.lllO Users
10na Orbix Server License
ORA Web2 Software License for 110 Users
Report Writer Software License for 110 Users
DRA Services
ORA Custom Software Configuration Fee
ORA Installation/Configuration of WEB2 Software
8 ORA Network Monitoring Services Setup
Total:
3,000.00 3,000,00
750,00 750,00
0.00 0,00 400.00
3,750,00 400,00
$44,364.00 $2,872.00
$44,364.00
Subtotal DRA Services
Subtotal:
This price quotation is subject to DRA General Tenns and Conditions.
Agend~ r~~
No. {o 2
NOY 0 9 1999
pg. S
9:28: 17 M1
-
RUN-TIME LIBRARY USE LICEN:'E AGREEMENT
THIS AGREEMENT, is made and entered into this __day of. , 19_, by and
between 0 A T A RESEARCH ASSOCIATES, INC., a Missouri Corporation, with principal offices at 1276 North
Warson Road, St. Louis, Missouri 63132 ("DRA") and ~OLLlER COUNTY BOARD OF COUNTY
COMMISSIONERS, located at 650 Central Avenue, Naples, Florida 33940 ("Customer").
WHEREAS, Customer has been grant~d a rcense to use ;it.r'i"j' a~:!'\n ation software ("Licensed Applications
Software") from ORA pursuant to that certain Agreement dated June 9, 1992; and
WHEREAS, Customer has been granted a license for the use of certain third party software products ("Report .
Generator") in conjunction with the Licensed Applications Software pursuant to a software license agreement of
even-date herewith:
NOW, THEREFORE, ror and in consideration of the mutual promises made by each party to the other, and other
good and valuable consideratj~,,~, the receipt and sufficiency of which is hereby acknowledged, the parties enter into
this Agreement concerning use of any proprietary property, including, but not limited to source code products, run-
time libraries andlor documentation which may become available to Customer for use'of the Report Generator in
conjunction with the DRA Licensed Applications Software, under the following terms and conditions:
I. Scope,
Except as provided for herein, this Agreement in no way modifies the respective responsibilities of Customer, ORA,
or any third party I icensor under the above-referenced Agreements, Use of source code products, including run-time
library and documentation under the provisions of this Agreement is in addition to the licensing provisions of the
above-referenced Agreements, which shaIl remain in fuIl force and effect.
-
2. Proprietary Property,
Use by Customer of the Report Generator and documentation in conjunction with the DRA Licensed Applications'
Software, may provide Customer with access to file layouts, processes, routines and source code products which are
prop.ictaf) proreny and trade secrets of ORA. Customer acknowledges that the documentation, storage
compilation, formats, layouts, processes, routines and source code products, constitute proprietary property and
trade secret information of ORA, and are protected by federal conyright )(lW and are subject to the license provisions
of the original license agreements. Cus!c;n::.r ag;'c.;;s the: i;: tl.e eV"'i.~ such proprietary information becomes
available to them through the use of the licensed software products and/or documentation, that such information wiIl
only be used in accordance with the license provisions and confidentiality provisions herein,
3. Description of Source Code.
Source code products may include text files used by the MACRO, BASIC, C or other language compilers to produce
object modules for linkage into applications programs. The source code tape may contain source code, batch files
for compiling and linking scftware, and any documentation available in machine-readable form to assist in
compiling and linking the COJi;, Customer acknowledges that compilation and linking the source code require
compilers not supplied to Customer as part of this Agreement but which are available at extra cost from ORA or the
manufacturer. Customer acknowledges that compilation, linking, editing, and/or modifying the source code will
require technical expertise in using the operating system, relevant compilers, and software, and that ORA is under
no obligation to assist or supply such expertise,
Run- Time Library includes prewritten, commonly-used routines to perform specific report preparation, writing, and
supporting tasks,
Source code products may also include description files which contain detailed file layouts and contents. Customer
acknowledges that the use of the description files in conjunction with additional software modules available from a
--- third party licensor, may result in data file modification and/or generate support issues requiring expertise, for which
DRA is under no obligation to assist or supply such expertise.
RUN-TIME LIBRARY USE LICENSF ACREFMfl"n:
ptrJ1dtwr~3
NOY 0 9 1999
Pg.
4. Confidenti31itv.
Customer agrees th3l,i;Tespective of the reason for its use of the source code products, such source code products
are strictly confidential and milY be disclosed only to agents and employees of Customer, who shall be advised of
these provisions, and who shall agree to execute nondisclosure agreements, jf requested. Customer agrees that the
source code products and all modifications and changes to the source code products, are the proprietary property of
ORA, and Customer may not sell, assign, lease, or otherwise provide said source code products or any part thereof.
or any programs compiled, process or routines using any part of said source code products, or any knowledge gained
from the use of the source code products, to any other person or entity, regardless of modification, without the
express wrinen consent of ORA, its successors and assigns.
.
Customer covenants not to reverse engineer or otherwise recreate the fonn of expression or underlying ideas,
(collectively "Recreate") contained in any portion of the DRA Licensed Applications Software or source code
products, nor permit others to do so,
5. Termination.
Customer acknowledges and agrees that violation by Customer, its agents or employees, of any of the licensing
terms contained in this Agreement or in any other agreement between the parties, shall constitute default, and shall
entitle DRA the right to immediately repossess all copies of the source code tapes, software, documentation, and any
modifications thereof, and to rescind all software licenses granted to Customer, in addition to all other legal and
equitable remedies provided by law. DRA, shall also havt ~he riYtt to~e.-minate this agreement in the event that
Customer fails to maintain in effect a valid Agreement for Software Support, Maintenance and Update Service.
6. Disclaimer and Limitation of Liability.
CUSTOMER ACKNOWLEDGES THAT IN THE CALCULATION OF STORAGE REQUIREMENTS UNDER
OTHER AGREEMENTS BETWEEN THE PARTIES, DRA HAS NOT INCLUDED THE SPACE REQUIRED
FOR THE PRODUCTS LICENSED HEREIN, THEREFORE, THIS SOFTWARE MUST BE NON-
OPERA TIONAL DURING .".NY CONTRACTUAL PERFORMANCE TESTS, AND MAY NOT BE
CONSIDERED IN ANY MEMORY OR DISK SPACE WARRANTY CLAIMS UNDER ANY OTHER,
AGREEMENTS BETWEEN THE PARTIES,
EXCEPT AS PROVIDED HEREIN, ORA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS
TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE
PRODUCT(S), THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
CUSTOMER SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF ITS DATA
USED IN CONNECTION WITH THE PRODUCTS, CUSTOMER'S RIGHT TO RECOVER DAMAGES
CAUSED BY DRA'S FAULT OR NEGLIGENCE SHALL BE LIMITED TO TEN THOUSAND DOLLARS
(510,000.00). ORA WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF PROFITS,
USE OF PRODUCTS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
7. Notices,
Any notices required or permitted under this Agreement ~hal! be in w!'iting and delivered in person, by facsimile,
overnight express, or by registered or certified maii, retuin receipt requested, with proper postage prepaid, and
properly addressed as set forth below or as shall be hereafter changed by written notice, Notice shall be effective
upon delivery. Facsimile notices shall also be delivered by another means listed above, but shall still be effective
upon facsimile transmission.
RUN-TIME LIDRARY USE LICENSE AGREEMENT
Agenda ;~~"\
No. (~W~
paft6V 0 9 1999
pg.
The parties hereto affirnl that the perso(1s below listed are duly authorized to receive and accept such notice:
FOR DRA:
Michael j, Mellinger, President and CEO
Data Research Associates, Inc.
1276 North Warson Road
St. Louis, Missouri 63132
FAX: (3 ]4) 993-8927
FOR CUSTOMER:
Michael Widner
Collier County Public Library
650 Central A venue
Naples, Florida 33940
FAX:
8. Governing Law,
This Agreement shall be governed by the laws of the State of Florida both as to interpretation and performance.
Except as hereinabove modified, the terms and conditions of the above-referenced Agreements and any appendices
and amendments thereto, remain in full force and effect.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, in duplicate copies, each of
which shall constitute an original, as of the day and year first above written,
ATTEST: (As to Chairman)
Dweight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
By:
Deputy Clerk
By:
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
Legal suffir~: () (
)~YM~
Assistant County Attorney
DATA RESEARCH ASSOCIATES, INC.
Witness
By:
Michael J. Mellinger, President and CEO
Witness
(CORPORA TE SEAL)
RUN-TIME LIBRARY USE LICENSE AGREEMENT
Agend~ ?f~
No. I tJ ~ 3-
P~ e3NOV 091999
Pg. X
-'
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT FOR THE PURHCASE OF THE
ROBERTS RANCH PROPERTY
OBJECTIVE: To establish the budget for the purchase of Roberts Ranch and repayment
to the General Fund.
CONSIDERATIONS: On May 14,1999, the Board of County Commissioners approved
the purchase of Tract 0 of Roberts Ranch from the General Fund with the understanding
that staff would seek reimbursement from Tourist Development Tax funds. The property
was purchased using the General Fund on October 21, 1999. Additional Tourist
Development Tax funding for the purchase, operations and maintenance of the property
was approved in the FY 2000 Budget. The additional funding will allow repayment to the
General Fund of$150,000 per year.
Budget amendments are required to account for the purchase of the property and the
repayment to the General Fund.
FISCAL IMPACT: The attached budget amendments will reduce General Fund
Reserves by $603,100, increase the Museum Capital Fund by the same amount and will
-. budget a transfer of$150,000 to the General Fund from the Museum Operations Fund.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners approve budget
amendments for the purchase of the Roberts Ranch property.
r
PREPARED BY: Ai.<
Gary. .
> ~)
If f.." I, 1/ i( DA TE: .I 1,' /2 ') /1 ,;
nt, Senior Analyst, Office of Management &. Budget
REVIEWED BY,:- ').~ DATE: 10' 2Q, 9.,
. Ron..lamro, Director, Collier County Museum
APPROVED B
DATE: \0 -Z'l-Cf9
ervices Administrator
-
A'?f"f;()G 1;'';,"\,__
i ~ '-' . --.lfL {J.:.j. oJ
t f ' I 1/ U Q FlU
~, Pi" ... f ...,) )'
)l .. -.....----1-
L--.{'!~-,.._-~... --~.
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO FUND CONSTRUCTION OF A NEIGHBORHOOD
PARK.
Objective: That the Board of County Commissioners approve a budget amendment to fund construction of a
neighborhood park on tract 179 within Golden Gate per the Collier County Neighborhood Park Policy.
Consideration: On October 12, 1999 the Board adopted a Neighborhood Park Policy. This policy allows
for the development of neighborhood parks if the property and neighborhood meet certain set criteria. Collier
County previously purchased a four-acre parcel, tract 179, located within Golden Gate with the intention of
developing a neighborhood park. This property meets the criteria as outline in the Neighborhood Park Policy
and would provide the families and children within the neighborhood a safe opportunity to play within walking
distance. Parks and Recreation Department has received requests from the neighborhood to develop this
property as a park.
Since the property was purchased prior to the adoption of the Neighborhood Park Policy, staff is requesting a
budget amendment in the amount of $95,000 to begin construction, The amount requested corresponds to the
estimated construction costs as outlined in the Neighborhood Park Policy.
Growth Management:
None.
Fiscal Impact: Funds are available in Fund 368 Reserves. A budget amendment will transfer funds from
Naples & Urban Collier Community Park Impact Fees (Fund 368 Reserves) into Parks Capital Projects, Golden
Gate Neighborhood Park Block 179 project fund,
Recommendation: Staff recommends that the Board approve said budget amendment.
,.-~'- ..- ...
Prepared by: . . i .
~ ......-,
... ,
Date: ' "
"
James Fitzek, Operations Manager
Department of Parks and Recreation
/l
I.
. Reviewed
Date: ic.:/zgjr)(j
I I
-
Thomas W, Olliff, Admi
Division of Public Servi
Date:
\0' Z\.f ''t~
Approved by:
r ' A-:l.f'f1. ~j.; I,.t..;",~
j N~ '. Lf.t~1.l.:-} Lr;
iI' ( "IJ III C: " "
~ ,\ " I\.!.,) ., "
f '~;._-J ..._V I
i---~;.\'a;fo.>--...".~.-;.~.t
-
JI
EXECUTIVE SUMMARY
APPROVE A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES
FOR INDIGENT BURIALS/CREMA TIONS AND DIRECT STAFF TO
NEGOTIATE AN AGREEMENT WITH WILLING AREA FUNERAL HOMES
OBJECTIVE: To provide burial services for the disposition of indigent deceased as
required by State Statute 245,06.
CONSIDERATION: The County is required by the above referenced Statute to provide
burial services for deceased indigents, Last fiscal year forty-two such services were
provided by Collier County, Burials are conducted at the cemetery owned by the County
in Immokalee.
There are currently three funeral homes in the County that work with the Social Services
Department to provide these services on a rotating basis. Because this is such a long-
standing program, arrangements with these funeral homes predate any current purchasing
policy. Funeral rates have been negotiated without formal agreement by the County's
Social Services Director and today are $600 per burial, which includes embalming,
casket, concrete liner, and the burial services. Cremations are provided for $300 but can
only be done with the authorization of an immediate family member. When none exists
or can't be located, burial is required.
While these rates are extremely reasonable and reflect the community service attitude of
these participating funeral homes, there is not a Board approved rate schedule or contract
or means of adjusting rates, As a result of the limited number of participating firms, a
standard bid process is not recommended, In addition, because this service is not a major
portion of any funeral home's business and because each home's business is growing
simply due to population growth, no bidders would be anticipated. Therefore, it is
recommended to negotiate an agreement with all willing firms that would continue the
rotating system.
Because a formal agreement will likely include requirements not currently provided, an
increased cost in the total program is expected. This is being recommended not with an
expectation of lowering costs but rather, 1.) to bring this program into adherence with
County Policy, 2,) to establish a longer term commitment toward this program by area
funeral homes, and 3.) provide a more reasonable and consistent fee schedule for each
participating vendor.
This resolution has been reviewed and approved by the County Attorney's office,
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
FISCAL IMPACT: The cost to the County in FY 98 for this program was $17,300 for
42 burials or cremations. Anticipated costs for the same number of burials or cremations
Agend. 1):-'117
No. 1(P LI:-._
NOV 0 9 1999
Pg. I
. .._.... ..-
is expected to the approximately $35,000 which has been approved in the Social Services.
budget for FY 99-00,
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS, approve a resolution establishing policies and procedures for
indigent burials/cremations, and direct staff to negotiate an agreement with any area
funeral home willing to participate in the County's indigent burial program.
Prepared by:
Thomas W, Olliff,
lic Services Administrator
Agenda ttcr
No. UP <!. ?
NOV 0 9 1999
Pg. ;;;" -
- -
1
2 RESOLUTION NO. 99-
3
4 RESOLUTION ESTABLISHING POLICIES AND PROCEDURES
5 FOR INDIGENT BURIALS AND CREMA nON
6
7
8 WHEREAS, Chapter 245, Florida Statutes, establishes criteria for the disposition of
9 persons who expire within the confines of every county, city, village, town or municipality in
10 Florida; and
11 WHEREAS, The Department of Collier County Social Services is responsible for
12 establishing eligibility and for the authorization of payment for burial or cremation of indigent
13 persons who expire within the confines of Collier County if the deceased is unclaimed or
14 survivors have insufficient resources for burial or cremation; and
15 WHEREAS, The Board of County Commissioners has determined that a policy should be
16 created establishing the allowable fees for such services; and
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
19 1. ELIGmILITY:
20 Any person declared indigent, resident or non-resident, who expires within the confines of
21 Collier County, may be eligible for county burial/cremation. Reasonable efforts will be made to
22 determine the financial situation of the deceased and family members. Collier County shall not
23 authorize payment to transport a deceased to another county or state for disposition unless
24 specifically authorized as a public purpose by the Board of County Commissioners. The body of
25 a deceased may be transported out of the county if the body has been accepted by the State of
26 Florida Anatomical Board for use in research and teaching.
27
28
2.
PROCEDURES:
a.
Collier County will make a reasonable effort to gather pertinent
29 information, including name, date of birth, Social Security number, date of death, cause of
30 death, next of kin, financial information, veteran status, willingness of relatives to donate
31 the body for research for education and preference for burial or cremation. In order to
32 proceed with cremation, a family member must be willing to sign an authorization for
33 cremation and disposition for the funeral home.
34
~~--,...,-..---
Agend9 l~~
':0. I if l (!j 7
N (I V 0 9 1999
pg. ~
1
b,
Upgrades for caskets and/or cemetery plots, or additional funeral services
2
will not be permined at county expense. Graveside services will only be provided upon
3
request,
4
c.
Ifidentification of the body has not been established, burial shall be delayed
5
a mir.imum often (10) days from the official date of death. Ifidentification of the body
6
has been established and the next of kin has not been found, the kldy will he hdd for ten
7
(10) days from the official date of death and until reasonable efforts to locate next of kin
8
have been exhausted
9
10
d.
The following procedures will be followed by all participating funeral
11
homes for burial/cremation uf illdigent deceased:
12
13
14
15
16
17
18
19
-')0
1
1.2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(i) Burial of indigent adults shall require a minimum of a
manufactured pressed board cloth covered casket and a
concrete liner,
(ii) At the discretion of the Funeral Director, burial of indigent
decomposed bodies may require a metal sealed unit similar
to the brand name Ziegler, without a casket; a concrete liner
shall be required for interment.
(iii) Burial of indigent still born and other infants shall require a
casket vault. dome sealed, fiber plastic, weather proofed
casket. A concrete liner shall not be required for interment.
(iv) The funeral director shall provide embalming or cremation,
clothing, transportation, grave markers, and will secure all
necessary legal documents,
(v) The Veteran's Service Office will be responsible for order-
ing a grave marker for indigent veterans. Markers will be
shipped to the Parks and Recreation Department whose
statTwill be responsible for installation at the proper grave
site within 15 days of receipt.
e,
Burial of Collier County indigent cases shall be performed with strict adherence to
37 the above stated procedures, If deviation flOm established procedure appears necessary, the
38 appointed provider of service shall notify the Social Services Department and the department shall
39 determine if any deviation from the established procedure is appropriate in such case.
40
41
f
The funeral home providing service for an indigent deceased shall advise the Social
--42 Services Department of the desired date and time for burial. The Social Services Department
,3 shall thereupon request from the Real Propel1y Department provision of burial space and opening
2
~~~n j?o t~j;,
/
NOV 0 9 1999
pg.
44 and closing of the grave, The Real Property Department requires forth-eight (48) hours notice for
'. ' .
1 and closing of the grave. The Real Property Department requires forth-eight (48) hours notice
2 for the provision of such services. The Real Property Department shall confinn burial
3 arrangements with the funeral home.
4
5
g.
After disposition of the indigent deceased has been accomplished, an itemized
6
statement requesting payment shall be presented to the Social Services Department by the funeral
7
home that provided the service. Collier County shall provide payment to the funeral home
8
9
according to the fee schedule in effect at the time services were rendered, The current fee
schedule is attached as Exhibit A and included herein. Payment will be approved by the Social
10
Services Director ifno irregularity appe~rs, the bill will be sent to the Clerk of Courts Finance
11
12
13
Department for payment.
14
This Resolution adopted this _ day of
, 1999, after motion, second
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Approved as to form and
32 legal sufficiency:
H '1>--~~{;~/
36 Melissa A. Vasquez ""
37 Assistant County Attorney \
38
~6
and majority vote in favor of adoption.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
PAMELA S. MACKIE, Chairwoman
h:publiclMelissafResolutions indigent burial
3
~...__...
Agen9'~} ~6f'7
No.~
NOV 0 9 '999
---
P9. (\.)
. . . ~ ~ I .
EXHIBIT A
INDIGENT BURIAUCREMATION FEE SCHEDULE
Effective upon approval by the Board of County Commissioners) the fee
schedule for indigent burials/cremations is as follows:
COUNTY'S RESPONSIBILITY
ADULT BURIAL
5900.00
--
ADULT CREMATION
S300.00
INFANT BURIAL
5500.00
INFANT CREMATION
$ 75.00
INDIGENT VETERAN IN RECEIPT
OF $150.0a VA PLOT ALLO'" ANCE
$900.00
INDIGENT VETERAN IN RECEIPT
OF S300.00 BASIC BURIAL
ALLOWANCE
5600.00
VETERAN SERVICE CONNECTED
BURIAL ALLOWANCE S1500.
Arrange burial plot
-
Agen~,~ ~~"\
No'~l
N 0 V 0 9 1999
PO. (0
-
-
EXECUTIVE SUMMARY
AUTHORIZATION OF WORK ORDER VL-OO-l UNDER THE COUNTY'S
ANNUAL ARCHITECTURAL CONTRACTS FOR VICTOR J. LATAVISH,
AlA TO DESIGN A SATELLITE BUILDING AT THE GOLDEN GATE
GOVERNMENT CENTER COMPLEX.
OBJECTIVE: To design a 6000 square foot building housing satellite offices of the
Tax Collector, Property Appraiser, Clerk of Courts and Sheriff (Community policing)
to service the Golden Gate Community,
~
CONSIDERATIONS: The County's FY 1999-00 budget includes a project to
construct a new .::t..5,000 square foot satellite government building to house the Tax
Collector, Property Appraiser, Clerk of Courts and Sheriff's Community Policing
Section. After the occupant programming was completed, it was determined that a
building of at least 6,000 square feet was needed. Additional programming is still
needed in order to accommodate all the proposed occupants. This building is to be
located at the County owned site that currently holds the Golden Gate Community
Center, the Golden Gate Branch Library, and a joint public safety building that houses
the Sheriff substation, EMS and the Golden Gate Fire Department.
FISCAL IMP ACT: In Fiscal Year 1999-00, the Board approved a budget of $632,800
for the satellite facility. Recent trends in construction demonstrate considerably
higher costs. After the programming and design phases of the project, staff will
reevaluate the building and the status of the construction industry and report back to
the Board if additional funding is required. At that point, it may be possible to
transfer funds from another capital project that is under budget in order to complete
this facility. The work order for the design of the building is to Victor J. Latavish for
$72,000.
GROWTH MANAGEMENT IMP ACT: The construction of the facility IS 10
concert with the County's 1998 Master Space Plan.
RECOMMENDATION: That the Board of County Commissioners, authorize a
work order under the County's annual Contracts with Victor J. Latavish, AIA and
authorize the Director of Facilities Management to sign the Work Order after review
by the County Attorney's Office as to form and legal sufficiency.
,,-..
AGfIfOA DEM
No. (&1 i
NOV 0 9 1999
P9. J
Executive Summary
Golden Gate Government Satellite Center
Page 2
PREPARED BY:
DATE:
k Crognale, Con ruction Manager
epartment of Facilities Management
/cJ /.2-2-/ ? r
(
REVIEWED BY: .~~~ DATE: 1l)(bY/9;
Skip Camp, Director
Department of Facilities Management
REVIEWED BY:
~" G //
. ~{'l ~. ~tir DATE:
Stephen Y. Came ,DIrector
Purchasing Department
/b(2S (q9
_.
REVIEWED BY: ~~f
)
DATE:
I [ jl-L j;)
,
-
AGENOA,,13M
Mo. h_~ I
NOV 0 9 1999
Pt. :;z
.J
,
EXECUTIVE SUMMARY
APPROVAL OF ROBEY-BARBER INSURANCE SERVICES, INC, AS THE
COUNTY'S GROUP HEALTH CLAIMS ADMINISTRATION COMPANY,
OBJECTIVE: To seek approval from the Board of Commissioners to select Robey
Barber Insurance Services, Inc., as the County's Group Health Insurance claims
administration company.
CONSIDERATIONS: The Board of Commissioners offers a self-insured group health
insurance program to its eligible employees. On January 1, 1997 the Board entered into a
two year contract with Florida 1 sl to provide this service, The contract includes an option
to renew for two additional one-year periods.
,-
In the summer of 1999 the Risk Management Department through its benefits consultant,
Willis Corporation, completed a survey of county employees and their satisfaction with
their benefit program, including claims administration, The information received from
this survey was used to determine whether proposals should be sought from other vendors
for claims administration services. The results of the survey indicated significant
dissatisfaction with the services of Florida 1 sl primarily in the areas oftum around time,
ability to understand the adjustment of their bills, customer service, and accuracy. Given
this information, proposals were sought from other vendors,
The county utilized the services of the County's benefits broker, Willis Corporation, to
approach the marketplace. Seven claims administration companies were approached to
make proposals, Five companies made proposals, The five companies were Florida
First, Aetna, AmeriHealth, Robey Barber and Willis Administrative Services. The
approximate annual cost for each firm based upon an enrollment of 1,511 employees is as
follows:
Cost Rankin~ Eirm
Annual Cost Difference from Top Ranked Firm
1
2
3
4
5
Robey-Barber
Florida 1 sl
Willis Admin.
AmeriHealth
Aetna
$267,447
$276,331
$348,134
$463,635
$712,587
NA
$8,884
$80,687
$196,188
$445,140
,---
After review of the proposals it was determined that AmeriHealth and Aetna were not
competitive from a pricing standpoint. Staff reviewed the proposals of Robey-Barber,
Florida 1 st, and Willis and is recommending that a contract be awarded to Robey-Barber
for the following reasons.
AGEHO~ ITEM
No. /& l):J-
NOV 0 9 1999
Pg. /
,(
1) Robey-Barber is based in Tampa, Florida, which would provide relative convenient
access by both staff and employees. Florida 1 st is based in Winter Haven, Willis is
based in Nashville, TN.
2) Robey-Barber's proposal included an on-site customer service representative two
days per week. The other proposals did not offer this service. Employees would be
able to meet with a claims representative to discuss issues, which would also free up
staff for other duties.
3) Robey-Barber's administrative support and reporting were found to be superior to
both Florida 1 sl and Willis, This is especially important in times of rising medical
costs.
4) Robey-Barber's systems can be integrated with "carve-out" providers such as the
county's prescription drug provider, to ensure accuracy in claims payment
information,
5) Robey Barber can administer the County's current managed care arrangement with
Community Health Partners with little or no difficulty.
6) Staff met personally with a primary reference, Manatee County, who provided a
recommendation of outstanding. Staff also contacted three other references and
received favorable recommendations.
It is recommended that the Board award Group Health Claims Administration Services to
Robey-Barber Insurance Services, with an effective date of January 1,2000,
,-
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMP ACT: Funds are budgeted in the Group Health and Life Fund for this
purchase of $267,447.
RECOMMENDATION: It is recommended that the Board approve the selection of the
Robey-Barber Insurance Services, Inc. for Group Health Insurance claims administration
services, authorizing staff to negotiate a contract for the Chairwoman's signature, subject
to the approval for legal sufficiency by the County Attorney,
PREPAREDBY~~ DATE: /OP.W?7
ef alker, CPCU, ARM, Risk Management DIrector
REVIEWED BY~' 7f-.
Leo E. Ochs, Jr., Sup rt
DATE:
ervices Administrator
IC/~ 117
.
---
AGENOt: ITEM
No. ~p 2...--
NOV 0 9 1999
Pg. ::L--
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT FOR ACCESSIBILITY (ADA)
REQUIREMENTS FOR THE FOURTH FLOOR OF THE COURTHOUSE AND TO
PROVIDE A " HIGH TECHNOLOGY COURTROOM".
OBJECTIVE: To approve a budget amendment to provide 100% accessibility (ADA) to the
three (3) courtrooms being built on the 4th floor of the Courthouse and to construct one high
technology courtroom while providing conduit and cable to the remaining two courtrooms for
future use as high technology courtrooms,
CONSIDERATIONS: On Monday, October 11,1999 staff presented a request for Waiver from
Accessibility requirements of Chapter 553, Part V, Florida Statues regarding vertical access to
the raised Jury Box, Witness Stand and Judges Bench to the Accessibility Advisory Council of
the Florida Building Commission. The request was to make one courtroom 100% accessible and
to make provisions to the other two courtrooms to be accessible without substantial
reconstruction of the space,
-
This request was based on two criteria, The Accessibility Guidelines for Buildings and
Regulatory Facilities allows for this waiver and the second criterion was based on the State of
Florida Board of Building Codes and Standards, Order No. DCA97-200-FOI-HC, that allowed
Charlotte County to make only one courtroom accessible. The request was denied by both the
Accessibility Advisory Council and the Florida Building Commission.
The denial was based on a recent Proclamation and Administrative Order by Major B. Harding,
Chief Justice of Florida, dated September 9,1999, proclaiming that the year 2000 shall be known
and honored within the State Court System as a year of Commemoration for persons with
disabilities on the Tenth Anniversary of the passage of the Americans with Disabilities Act.
In addition the Clerk of Courts requested that one of the courtrooms be designed and constructed
utilizing the highest technology for sound and sight. The other two courtrooms will be pre-wired
for future installation of sound and sight equipment.
FISCAL IMPACT: The cost of making the three courtrooms 100% accessible is $75,000,00
and the cost of the high technology courtroom and pre-wiring is $5,000.00 for a total of
$80,000,00, Funds are available in Countywide Capital Fund 301 Reserves and would be
transferred into the Courthouse 4th Floor Renovation Project.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA TIONS: That the Board approve a budget amendment for ADA and
technological improvements as addressed within this summary and change order authority not to
exceed the project cost center.
~
AGENDA IT~M
No. 1&{p):3
NOV - 9 1~99
J
Pg.
.Executive Summary
Page 2
PREPARED BY:
k Crognale, Co struction Manager
epartment of Facilities Management
REVIEWED BY:
/~
( ~
Skip Camp, C Director
Department of Facilities Management
REVIEWED BY:
-
---
DA TE:
DATE:
DATE:
/CJ/HiJff
, I
/0/2//99
IO)~ )'l<f
( .
AGUO~ I l.f;~
No. /~ I/?;
NOV 0 9 1999
Pg. .;1
,-,
,,-,
- .
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of 11/9/99
General (Fund 001)
Security
Budget Amendment #00.023
Regular Salaries
$9,900
Reserves
Reserves for Contingency
(9,900)
Total
-0-
Explanation: Funds are needed to assign a security officer from the job bank to patrol the Main
Complex from 9:00 p.m. to 1:00 a,m. in response to employee complaints regarding threats by the
homeless who gather in this area.
State Court Administration (Fund 681)
Budget Amendment #00.024
Capital
DP Equipment - Probation
$3,000
Operating Expenses
Contractual Services - Probation
(3,000)
Total
-0-
Explanation: Funds are needed to pay for a printer. Invoice was not received in time to payout of
FY99 funds, and to allow for an additional expenditure if needed,
MSTD Road District 2 (Fund 103)
Budget Amendment #00.038
Operating Expenses
Water & Sewer
$6,941
Reserves
Reserve for Contingencies
(6,941)
Total
-0-
Explanation: Funds are needed to pay for irrigating the landscape improvements to Vanderbilt Drive.
AGENDA ITEM
No. /(, (;'(,)
NOV - 9 1999
Pg. I
. . - ~
.-
~
Court Administration (Fund 681)
1. Jdget Amendment #00.037
Ol'erating Expenses
Contractual Services
$(50,000)
Capital
DP Equipment
50,000
Total
-0-
Explanation: Funds are needed to establish a computer network throughout the Twentieth Judicial
Circuit and to replace the Access Control System that operates the security system which is not Y2K
compatible, This was approved by the Board during the FYOO budget process. Funds were budgeted
initially in contractual services, A portion will actually be expended from Capital Outlay.
AGENDA ITEM
No, /G, iE (I)
NOV - 9 1999
Pg, .:?
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS Cu:mESPONDENCE
NOVEMBER 9, 1999
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. October 6, 1999 - October 19, 1999
3. Minutes:
A, Historical/Archaeological Preservation Board - Agenda for October 15, 1999
meeting
B. Immokalee Beautification Advisory Committee - Agenda for October 20, 1999
meeting and minutes of August 17, 1999 meeting
,-
C. Hispanic Affairs Advisory Board - Minutes of August 26, 1999 meeting
D. Environmental Advisory Council- Agenda for October 13, 1999 meeting
E. Ochopee Fire Control District Advisory Committee - Minutes of September 13,
1999 meeting
4. Other:
A.
Audit of County Petty Cash and Change Funds (99-11)
AGEN?}JTEM
No. It
,,--,
NOV 09 1999
Pg. /
\
EXECUTIVE SUMMARY
A RESOLUTION AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO
EXCEED $3,060,000 FROM THE POOLED COMMERCIAL PAPER WAN
PROGRAM OF THE FWRlDA WCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE
ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A DOMESTIC ANIMAL
SERVICES FACIUTY; AUTHORIZING THE EXECUTION OF A WAN NOTE OR
NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH
LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE
WAN AGREEMENT; AUTHORIZING THE EXECUTION AND DEUVERY OF
SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH
BORROWING; AND PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a.
loan from the Commercial Paper Program in an amount not to exceed $3,060,000 to construct a Domestic
Animal Services Facility,
-.
CONSIDERATIONS: On September 14, 1999 the Board of County Commissioners approved the
Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission as the
funding mechanism to construct the Domestic Animal Services Facility, The loan is being structured in an
amount not to exceed $3,060,000 and will be drawn on a schedule to minimize any arbitrage exposure. The
loan will be for five years with semi-annual principal payments and monthly interest payments,
FISCAL IMPACT: A loan in an amount not to exceed $3,060,000 which shall be repaid with
moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues.
The ad-valorem taxing power of the County will never be necessary or authorized to make the loan
repayments, Debt service is budgeted in Fund 299, Commercial Paper,
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan in an amount not to exceed $3,060,000 from the Commercial Paper Program as the
funding source for the construction of the Domestic Animal Services Facility.
Prepared By:
~~
J es L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
Date: /11//,
Approved By:
;t1~ /( ~
Michael Smykowski
Director of the Office of Management and Budget
Chairman, Finance Committee
Date:
//-/-.((9
,,-..
AGENDA ITEM
No. /".r,,)
NOY - 9 1999
Pg. /
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT EXCEEDING
$3,060,000 FROM THE POOLED COMMERCIAL PAPER
LOAN PROGRAM OF THE FLORIDA LOCAL
GOVERNMENT FINANCE COMMISSION PURSUANT TO
THE TERMS OF THE LOAN AGREEMENT BETWEEN THE
COMMISSION AND THE COUNTY IN ORDER TO
FINANCE THE ACQUISITION, CONSTRUCTION AND
EQUIPPING OF A DOMESTIC ANIMAL SERVICES
FACILITY; AUTHORIZING TaE EXECUTION O~~ A LOAN
NOTE OR NOTES TO EVIDENCE SUCH BORROWING;
AGREEING TO SECURE SUCd LOAN NOTE OR NOTES
WITH A COVENAN~J.' TO BU:)GET AND APPROPRIATE
LEGALL Y AVAILABLE NON-AD VALOREM REVENUES
AS PROVIDED IN THE LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF
SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO
EFFECT SUCH BORROWING~ AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall :lave the meanings ascribed
thereto in the hereinafter defmed Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163,
Florida Statutes, and all other applicable provisions of law.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
"Board" means the Board of County Commissioners of the County.
AGENDA ITEM
No. I' z:. (I)
NOV - 9 1999
Pg. 1...
"Chairman" means the Chainmin or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the
Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Conuirission, and any
assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County and such
other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts due
under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof.
"Draw Date" has the meaning see: forth ::1 the :..oan Agreement.
"Finance Director" means the Director 0:: Finance and Accounting and such other
person as may be duly authorized to act on his or her behalf.
"Loan No. A-12-1" means the Loan designated as "Loan No. A-12-1" the proceeds
of which are to be used to fmance Project A-12.
"Loan" means the loan to be made by the Commission to the County from proceeds
of the Series A Notes in accordance with the terms of this Resolution and of the Loan
Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between
the County and the Commission, as amended and supplemented and as the same may be
further amended and supplemented.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "RepaYli1ents" means the payments of principal and interest
at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of
AGENDA ITEM
No. ''- r (.I)
2
NOV - 9 1999
Pg. .3
-_..".""'_."~..._-~_._-"'---
the Loan Agreement and all other payments, including Additional Payments, payable by the
County pursuant to the provisions of the Loan Agreement
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the' Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health, welfare
and safety of the inhabitants of the County or which are legally mandated by applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by the
Commission.
"Project A-12" means the costs and expenses :iela~ing -':0 .:he acq1:risition, construction
and equipping of a domestic an.ir.lal services faci::~, LS .:he sa:ne may be amended or
modified from time to time, all as mor.;: ~Ji&T'ciCWf:.y c(;rc.l'~.'.:Ied ~ :i..e ,;>!8.ilS and specifications
on file with the County.
"Public Agency Moneys" shaH mean the moneys budgeted and appropriated by the
County for payment of the Loan Repayments and any other amounts due hereunder from
Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate
such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement
"Resolution" means this Resolution, as the same may from time to time be amended,
modified or supplemented,
"Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series
A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein " "hereunder" "hereby" "hereto " "hereof" and any similar terms
, , , " ,
shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption
of this Resolution; and the term "hereafter" shall mean after the date of adoption of this
Resolution.
Words importing the masculine B~:lder include eve:y other gender.
Words importing the singular number include the plural number, and vice versa,
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
AGENDA ITEM
No. If, I. (.1)
3
NOY - 9 1999
Pg. "
SECTION 3.
FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to fmance and refmance the cost of acquiring, constructing and equipping
capital improvements and to finance and refmance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to time,
commercial paper notes to be known as "Florida Local Government Finance Commission
Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds
of such Series A Notes to public agencies, including the COWlty.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan, from
time to time, to the County such amoWlts as shall be authorized herein and in the Loan
Agreement in order to enable the County to fmance, reimburse or refinance the cost of
acquisition, construction and equipping of capital improvements. .
(D) There is presently a need by the county to fmance Project A-12 and the most
cost-effective means by which to fmance Project A-12 is by the use of moneys obtained
pursuant to the Program by means of the Loan.
(E) The County hereby detenu.ines that the provision of funds by the Commission
to the County in the form of Loan No. A-12-1 tJursuant to the terms ofth'e Loan Agreement
and the financing of Project A-12 will assist in the development and maintenance of the
public welfare of the residents of the County, and shall serve a public purpose by improving
the health and living conditions, and providing governmental services, facilities and programs
and will promote the most efficient and economical development of such services, facilities
and programs.
(G) Loan No. A-12-1 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of
the County will never be necessary or authorized to make the Loan Repayments.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No.
A-12-1 in the aggregate amount of not exceeding $3,060,000 for the purpose of providing
the County with sufficient funds to finance Project A-12. The Chairman and the Clerk are
hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes
with respect to Loan No. A-12-1 and other documents, instruments, agreements and
certificates necessary or desirable to effectuate Loan No. A-12-1 as provide~ in the Loan
AGENDA ITEM
4 No. It. I (I)
NOV - 9 1999
Pg, S"
,-
Agreement. The Loan Note or Notes with respect to Loan No. A-12..1 shall reflect the terms
of such Loan and shall be substantially in the form attached to the Loan Agreement as
Exhibit J, The Finance Director shall make the Draw Request or Requests with respect to
Loan No. A-12-1 in accordance with the terms of the Loan Agreement at such time as shall
be determined by the Finance Director as appropriate to fmance Project A-12 and is
permitted by the Loan Agreement. Loan No. A-12-l shall mature in accordance with the
provisions described in Schedule I attached hereto. Loan No. A-12-1 shall bear interest at
the Loan Rate in accordance with the terms of the Loan Agreement. The County further
agrees to make all Loan Repayments required of it pursuant to the terms of the Loan .
Agreement. The Letter of Credit fees for Loan No. A-12-1 shall be 30 basis points or such
other amount as First Union National Bank and the Finance Director shall agree.
SECTION S. AUTHORIZATION OF PROJECT A-12. The County does
hereby authorize the acquisition and construction of Project A-12.
SECTION 6. SECURITY FOR mE LOAN. The County's obligation to
repay Loan No. A-12-l will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No, A-12-1 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and the
officers, attorneys and other agents or employees of the County are hereby authorized to do
all acts and things required of them by this Resolution and the Loan Agreement, or desirable
or consistent with the requirements of this Resolution and the Loan Agreement, for the full
punctual and complete performance of all the terms, covenants and agreements contained in
this Resolution and the Loan Agreement, and each member, employee, attorney and officer
of the County or its Board is hereby authorized and directed to execute and deliver any and
all papers and instruments and to do and cause to be done any and all acts and things
necessary or proper for canying out the transactions contemplated by this Resolution and the
Loan Agreement.
SECTION 8. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining covenants, agreements or provisions and shall in no way affect the validity of any
of the other provisions hereof.
AGENDA ITEM
No. /I...z:. (I)
5
NOV - 9 1999
Pg. "
SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE Dil TE. 71:.is . Resolu~on shall take effect
immediately upon its adoption.
DULY ADOPTED this _ day of November, 1999.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
Chairman
ATTEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
6
AGENDA ITEM
No. /,X (I)
NOV - 9 1999
Pg. ?
----"-~-,...-
.. . ,.
SCHEDULE I
.-
PROPOSED LOAN REPAYMENT SCHEDULE
The principal of Loan No. A-12-1 shall be repaid as follows:
December 7, 2004
$3,060,000
(or such other principal amount
as is actually borrowed)
Interest on the Loan shall be paid monthly in accordance with the tenns and
provisions of the Loan Agreement. Additional Payments shall also be.made in accordance
with the Loan Agreement.
-~
7
AGENDA ITEM
No. I~r 0)
NOV - 9 1999
Pg. i'
EXECUTIVE SUMMARY
A RESOLUTION AUTHORIZING, AS A VALID PUBLIC PURPOSE,
EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND
FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL,
CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND
CIVIC ASSOCIA TIONSI ORGANIZATIONS.
OBJECTIVE: 1Dat the Board of County Commissioners ("Board") approve a Resolution authorizing the
expenditure of public funds for County Commissioners to attend functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations.
In addition, that the Board also declare that said expenditures serve a valid public purpose.
CONSIDERATIONS: It is the purpose of the attached Resolution to clearly state the Board's policy in regard
to the expenditure of public funds for attendance at various community functions. It is also the purpose of said
Resolution to declare that the attendance of the Commissioners at said functions serves a valid public purpose
provided that said functions reasonably relate to County matters, Specifically, attendance at the enumerated
functions allows the Commissioners to gather information from the community about issues affecting the
County, it leads to more efficient and effective communication between the Commissioners and the public, and
provides an opportunity for Commissioners to give feedback to the public regarding the legislative process.
FISCAL IMPACT: Funds for these functions are budgeted in the Board of County Commissioners' General
Fund 001, Cost Center 010110,
-..
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA TION: That the Board of County Commissioners consider approval of the attached
Resolution authorizing, as serving a valid public purpose, the expenditure of public funds for County
Commissioners to attend functions of fraternal, business, environmental, educational, charitable, social,
professional, trade, homeowners, ethnic, and civic associations / organizations, provided that said functions
reasonably relate to County matters.
SUBMIITED B'~ -~~. -- /lh_ /J, C7 Date: / 0 -;J ~ - 9 't
~Mafia1ic~
Chief Assistant County Attorney
APPROVED BY: L ~."/1 . t!.../. " , Date: I ~ -~ "I -1'1
David C, Weigel ~~
County Attorney
h:ddalexecutive IUmmary/1999/attend tunttions . expend tunds
,,-
AGENDA fT(M '\.
NO. \Lt>W( \-J
NOV 0 9 1999
'\
Pg.
1 'Q.ESOLUTIONNO.99-_
2
3 A RESOLUTION AUTHORIZING, AS SERVING A VALID PUBLIC
4 PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY
3 COMMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL,
6 BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE,
7 SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND
8 CIVIC ASSOCIATIONS/ ORGANIZATIONS.
9
10
11 WHEREAS, Section 112.061, Florida Statutes, establishes guidelines for the payment of
12 travel and other expenditures for public officers, including assignments of official business
13 outside the traveler's regular place of employment; and
14 WHEREAS, it serves a valid public purpose for Board members to attend community
13 functions in order to gather information about County issues and receive input from the public;
16 and,
17 WHEREAS, it is in the best interests of the public for Board members to attend functions
18 of the referenced associations / organizations to keep the public informed as to the legislative
19 process of the County; and
-
20
WHEREAS, the Board desires to clearly specify the categories of travel and attendance at
21 civic functions which are appropriate for payment in accordance with Florida law,
22 NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
24
L The Board hereby finds that attendance at the functions listed in paragraph 3 hereof
23 serves valid public purposes including, but not limited to: communication with the
26 public, gathering of information about Board issues, and providing feedback to the
27 public about County matters and the legislative process.
28 2. The amounts to be expended by the County for Board member attendance and/or
29 participation in the functions referenced in paragraph 3 shall be budgeted by the
30 Board of County Commissioners,
31 3. A Board member may seek Board approval for the payment for his/her attendance at
32 functions of fraternal, business, environmental, educational charitable, social,
33 professional, trade, homeowners, ethnic, and civic associations / organizations,
34
provided that said functions reasonably relate to Collier County matters. The
-
33
attached fonn entitled "Request for Approval for Payment to Attend Functions
36
Serving a Valid Public Purpose," may be placed on the Board of
Co ~ntyAGENOA 11J:~ )
NO. II.P (.) (I
rwv 09 1999
if
Pi.
Commissioners' Consent Agenda to gain the Board's approval for expenditure of
2
County funds to attend particular functions.
3
This Resolution adopted this _ day of
. 1999 after motion, second
4 and majority vote favoring same.
5 AlTEST:
6 DWIGHT E. BROCK, Clerk
7
8
9
10
II
12 Approved as to form and
13 legal sufficiency:
14
15
16
17 Ramiro Manalich
18 Chief Assistant County Attorney
19
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, Chairwoman
AGENDA ITEM
NO. /(0 (3)( \ ')
NOV 0 9 1999
'Pg. ~
COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND
FUNCTION(S) SERVING A VALID PUBLIC PURPOSE
, the Board of County Commissioners has
Pursuant to Resolution No, 99-
determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations / organizations serves a valid public purpose, provided that said functions
reasonably relate to Collier County matters.
, Commissioner
In accordance with Resolution No. 99-
hereby requests that the Board of County Commissioners approve for payment by the
Clerk hislher attendance at the following function / event:
Function / Event:
Public Purpose:
Date of Function / Event:
Amount to be paid by the County:
Mileage:
AGENDA ~
NO. 1(0 ( I)
NOV 0 9 1999
Pi- --1--
TO PROVIDE A LEGAL DEFENSE FOR A COUNTY EMPLOYEE
PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632.
OBJECTIVE: To provide, at County expense, a legal defense for County employee
Terry Long, in proceedings that are related to the case styled Jeffrey C. Popp v. Collier County,
et aZ., Case No. 99-3286-CA.
CONSIDERATIONS: Collier County Resolution No. 95-632 authorizes the Board of
County Commissioners to provide a legal defense to employees, at County expense, where the
litigation arises out of or in connection with the performance of official duties. The Resolution,
states, at Section 8, in pertinent part, that preliminary decisions administering and implementing
the policy are to be made by the County Administrator and/or his designee and the Office of the
County Attorney but that all final determinations regarding the policy shall be made only by the
Board. The Board is also authorized to make all final determinations regarding the provision of
a legal defense and/or paying legal expenses of County persons for any type of legal claim or suit
arising from the performance of official duties while serving a valid public purpose even if said
type of claim or suit is not specifically addressed by the Resolution.
County staff and the Office of the County Attorney believe it is appropriate, under the above
mentioned provisions of the applicable Resolution, to provide a legal defense, at County
expense, to County employee Terry Long. The specific proceedings for which representation
be provided are at a hearing on an injunction. While this isa unique situation, it is the opinion
of staff and the Office of the County Attorney that representation is appropriate because of the
overlap between the proceeding previously mentioned and the lawsuit styled Jeffrey C. Popp v.
Collier County, et al. Specifically, an outcome adverse to employee Long, at the injunction
hearing could have a negative impact on Popp v. Collier County as he is an important witness in
that case as well.
FISCAL IMPACT: Since representation will be provided by the Office of the County
Attorney, outside counsel fees will not be incurred. The fiscal impact is limited to the Office of
the County Attorney staff time and resources to handle the case.
GROWTH MANAGEMENT IMP ACT:
None.
:;EN!~~C~~~ \
NOY 0 9 1999
PI. ---L-- I
-
1
RECOMMENDATION: That the Board provide legal counsel to County employee Terry
Long in the proceeding styled Jeffrey C. Popp, Petitioner and Terry Long, Respondent. Case No.
99-6136-CAC, as authorized by Collier County Resolution No. 95-632,
PREPAREDBY~< )~ ~
Robert N. zachary
Assistant County Attorney
Date: 11- '3 - ,,<7
REVIEWED BY: 'A11.11/V( ~
Michael W. Pettit
Assistant County Attorney
Date:
II 1:1 Ie;)
f I
~-
APPROVED BY: . e
David C. Weigel
County Attorney
Date: "/8 hf
I ,
h: Lit\Popp\ExSum- EmpLegalDef
--
AGENDA ITEM
No. 1{,~(T)(a)
2
NOY 0 S 1999
Pg. d
,-'
EXECUTIVE SUMMARY
APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 99-46 (THE LAND
DEVELOPMENT CODE) TO CORRECT A SCRIVENERS ERROR DUE TO THE
OMISSION OF AN AMENDMENT TO FACILITATE THE ADMINISTRATIVE APPROVAL
OF PRELIMINARY SUBDIVISION PLATS HEARD AND APPROVED AT A PUBLIC
HEARING ON JUNE 16, 1999.
OBJECTIVE:
To correct a scriveners error by including in Ordinance 99-46 an amendment which would correct the
omission of an approved Land Development Code amendment, which authorized administrative
approval of Preliminary Subdivision Plats.
CONSIDERATIONS:
---
Amendments to the Land Development Code, Cycle I, 1999 included a staff report and a summary of
proposed amendments which included the amendment which is the subject of this scrivener's error. The
relevant Section of the Land Development Code was also duly advertised, Staff, inadvertently failed to
realize that the Ordinance did not include an amendment which was duly advertised and included in staff
summary sheets, and was clearly adopted by the Board of County Commissioners, and clearly addressed
on the record. Currently, the CCPC approves Preliminary Subdivision Plats. Planning Commission
agreed that this process was better dealt with administratively because its process is perfunctory.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
None
.-
N:~ENJ~~M
NOV 0 9 1999
Pg. /
-
STAFF RECOMMENDATION:
That Ordinance No. 99-46 be amended on the basis that it constitutes a scriveners error to provide for
amending Section 2.3.4. 11 for the purpose of providing for the administrative approval of Preliminary
Subdivision Plat.
RONALD F. NINO, AICP
CURRENT PLANNING MANAGER
.\() .~l. 9 L
DATE
Uj. ;2 -,. ~ S
DATE
,-
APP
{c;;{} I"' ?
DATE
v
VINCENT A. AUTERO,AICP, l>MINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
EX SUMMARYIRN/ts
N~~ENotifl-
NOV 0 9 1999
Pg.
~
COLLIER COUNTY
BC)ARD OF COUNTY COMMISSIONERt
PlanninglR. Nino
Interoffice
FP CV IN
1
~
AGENDA
June 16, 1999
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SF'EAKERS 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 WBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARI) 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 I'ETITIONS".
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 TESTIMOJIlY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLECilANCE
2.
AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 2, ZONING DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DMSION 2.3 OFF-STREET
PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION
2.5. SIGN DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DMSION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DMSION 2.8. ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDMSIONS; DMSION 3.3 SITE
AGEN~TAM
No. ......L+&L-
-'
]
June 16, ] 999
NOV 0 9 1999
Pg. .3
-
DEVELOPMENT PlLANS; DIVISION 3.4 EXPLOSIVES; DIVISION 3.5. EXCA VA TIONS;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;
ARTICLE 6, DIVISION 6.3. DEFINITIONS, INC" ,UDING, BUT NOT LIMITED TO THE
DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SJE:CTION FIVE, INCLUSION OF THE LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
'.
3. ADJOURN
2
June 16, 1999
N~~ENOt'l5t
NOV 0 9 1999
Pg.
'-/
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC 3.13
LDC SECTION: 3.2.6.2.2. and 3.2.6.2.3.
CHANGE: To amend procedures for obtaining an approval of a preliminary subdivision plat by
deleting the requirement for approval of the Collier County Planning Commission (Section
3.2.6.2.3) and requiring an administrative approval of the Planning Services Director (Section
3.2.6.2.2.).
REASON: The review of Preliminary Subdivision Plats is primarily a function of ensuring that
provisions of Subdivision Regulations described at Division 3.2 of the Land Development Code
are reflected in the preparation of subdivision plans. Once administratively approved the
planning commission approval is perfunctory at best. Recognizing this the Collier County
Planning Commission has recommended a revision to Division 3.2 for the purposes of making
the approval of Preliminary Subdivision Plats an administrative process. This will conserve staff
time and lighten the agenda of the Collier County Planning Commission.
FISCAL & OPERATIONAL IMPACTS:
RELATED tODES OR REGULATIONS:
3.2.6.2.2.
Review and l'eoolftlfteltdalis1f determination Q.( ap.TJroval. alJlJroval with
conditions. or denial by development services director. After receipt of a
completed preliminary subdivision plat, the development services director shall
review and evaluate the preliminary subdivision plat in conformance with the
preliminary subdivision plat requirements established in section 3.2.7. Based on
the review and evaluation, the development services director shall reeeffllBeas te
the plar_-1:ing eemmissiea tllat it approve, approve with conditions, or deny the
preliminary subdivision plat. The decision to approve with conditions. or deny
the preliminary subdivision plat m~ be appealed to the board of county
commissioners pursuant to the provisions of Section 1.6.6. of the Land
Development Code. The reeeHUBeaaatieB shall Be sl:l9mittes te the pl8:llBiBg
eemm.issieB ifl '.vritiBg. If the development services director reeemmeB85 that tile
plan.-HBg eemmissieB should deny or place conditions on the preliminary
subdivision plat, he shall state in writing reasons for such reeemmeBaatieB ef
denial or conditions, and shall cite the applicable code or regulatory .
conditions or denial.
Commissioners.
'1A
NOV 0 9 1999
1
s
--
3.2.6.2.3.
Ret.'ie\.\' 81fti tietel"Mi1fsIi61f BY JlJa1f1fi1fg iJ619t19tis-si61t, \VithiB 30 a~'& after reeeipt
BY tae planRiBg eeRUllissieB ef tits aevelepmeRt serviees direeter's
f8eemmsBsatieB~ &Be after slle Betiee ef the I311Blie hea:riBg~ the 131ar..niBg
eemmissieB shall aala a I3H1ie aeariBg eft tae I3relimiBarj saedivisiaB 131at. :\t the
pllBlie heari:ag~ the pl&ft:>>Bg eeHlfftissieft saalI saBsicler the ae'/elepmeBt serviees
skeeter's reeemmeBdatiaft Me saalI take evidsnee &Ba testimeBY iB r-egard to the
pTelimift&ry sllsdivisieft plat reEl1:liremeftts set faIth ia tms sestian and seetian
3.2.7. The plB:BniBg eeHHBissieft saalI appfe...e~ 8fIpr-eve with saaditiens ar den)'
tits preliminary s1::!bdh'isien plat. If tfie plar..-HBg sommissieB aenies aT plaees
8eBditiaas eft tae I3TelimiBary s1:lBdivisiea plat~ it shall state reaseRs fer s\:leh
aeBial aT eeaditiens.
3.2.6.2.2.& 3.2,6.2,3. LDC AMENDMENT/RFN/mdIH:LDC CYCLE 1 . 1999
2
NO. l'lA
NOV 0 91999
{p
~~ ,
ORDINANCE NO, 99-_
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NUMBER 99-46, WInCH AMENDED
ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNY LAND DEVELOPMENT CODE BY
PROVIDING FOR: A SCRIVENERS'S ERROR
AMENDMENT OF SECTIONS 3,2.6.2.2 AND 3.2.6,2,3
OF THE LAND DEVELOPMENT CODE; CONFLICT
AND SERVERABILITY; INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE;
AND AN EFFECTIVE DATE.
OJ t< t6.l!0\;;)\.,.
WHEREAS, the Collier County Board of County Commissioners approved Ordnance Number
99-46, which amended Ordinance Number 91-102 as amended, and
WHEREAS, the Board of County Commissioners at their public hearing for June 16, 1999 did
have in their possession an amendment to Sections 3,2,6,2.2 and 3,2.6.2.3 of the Land Development
Code which was further included in the summary sheet listing all of the amendments that were to be
covered by Ordinance Number 99-46; and
WHEREAS, the Public Records specifically included the amendment to Sections 3.2,6,2,2
and 3.2,6,2.3 having to do with deleting the requirement for planning commission approval of
preliminary subdivision plans; and
WHEREAS, the record reveals that it was clearly the intent of the Board of County
Commissioners to adopt the amendment to Sections 3,2,6,2,2 and 3,2,6,2,3, and
NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE SCRIVENERS ERROR AMENDMENT
Ordinance Number 99-46, Subsection 3,G, Amendments to Subdivisions Division, Division 3.2,
Subdivisions of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
3,2,6.2,2.
Review and .""ee6",,,,eNiat-i9lf determination of alJproval, approval with conditions. or
denial by development services director. After receipt of a completed preliminary
subdivision plat, the development services director shall review and evaluate the
preliminary subdivision plat in conformance with the preliminary subdivision plat
requirements established in section 3,2.7, Based on the review and evaluation, the
development services director shall r-eeemmeRe to the plar~-utlg eemmissieR that it
approve, approve with conditions, or deny the preliminary subdivision plat. The decision
to approve with conditions. or deny the preliminary subdivision plat may be appealed to
the board of county commissioners pursuant to the provisions of section 1,6,6. of this
code, The reeemme8eatiOR shal.l Be StIBmittee to the plar~-HBg eemmissieB in ''\fltiBg, If
the development services director reeeRlRleRBS that the plar_-HRg eefflHlissieR should deny
or place conditions on the preliminary subdivision plat, he shall state in writing reasons f
such reeommeB8atioa of denial or conditions, and shall cite the applicable code
regulatory basis for the conditions or denial, aid determination ma
countv board of commissioners.
Words struck through are deleted; words underlined are add d, NOV 0 9 11999
-1-
Po,_ 1
~
,,-
3,2,6,2.3,
Review and SeH!1'1ffinaHfJl'/ 8>' planning eS1ffmiSslan. WitlHa 30 eays after reeeiflt by the
I'llHlftiag eemmissiEla Elf the de\'eIElflmeat serviees eireeter's reeElR'lffleaelttiEla, and after
sue aetiee Elf the pUBlie heaRag, the plaru-uag eemmissiea shell hole a publie hearing on
the prelimiaary sl::lBsi...isiEla plat. :\t the p\::lslie hearing, the plan:uag eemmissio8 shall
eElatiider the ae\'eIElpmeat serviees eireetor's reeommeaelttiea Me shell take evide8ee Me
testimoRY in regard tel the flrelimiaary Sl:Ieei,;itiiEla plat ref/tliremeats set fonh ia thiti
seetioa &Ae seetiEl8 3,2,7, The pllUlfliag eEllBHlissiEla shell ItflprEl'le, &pprElve with
eElaElitieas or eeRY the I'relimiRIll)" sUBdivisioa plat, If the plaru-tiBg eoR'I:ftHssiEla denies or
plaeeti eeaEiitienti oa the pr-elimia&ry Sl:IBdi,;isioa plat, it shell state reasoas for sHeh semel
or eoasitieati,
SECTION TWO:
CONFLICT AND SEVERABLITY
In this event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining portion,
SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code
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 FOUR: EFFECTIVE DATE
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
BY:
PAMELA S. MAC'KIE, Chairman
Approved as to Form and
Legal Sufficiency:
SCRIVENER'S ERROR ORDINANCElRNIU
N~~ENDA >r 4
NOV 0 9 1999
Pg,
<Z
1
Words struck through are deleted; words underlined are added.
-2-
,.--
EXECUTIVE SUMMARY
PETITION PUD-95-12 (1), MR. ROBERT DUANE, AICP, OF HOLE, MONTES & ASSOCIATES,
INC., REPRESENTING THE FIRST BAPTIST CHURCH OF NAPLES, REQUESTING AN
AMENDMENT TO A PREVIOUSLY APPROVED "PUD" NAMELY THE FIRST BAPTIST
CHURCH OF NAPLES PUD FOR THE PURPOSE OF INCREASING THE MAXIMUM
BUILDING HEIGHT AND TO ADD A MUSEUM AS AN ACCESSORY USE FOR PROPERTY
LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD AND THE EAST END OF ORANGE
BLOSSOM DRIVE IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIE~
COUNTY, FLORIDA.
OBJECTIVE:
The objective of this petition is to amend the First Baptist Church Planned Unit Development (PUD)
for the purpose of increasing the maximum building height in Tract "C" and to add a museum as an
accessory use,
CONSIDERATIONS:
-
The approved First Baptist Church PUD was adopted in 1996 and consists of a complementary range
of community facilities, including a church sanctuary, religious educational facilities, school,
auditorium, and daycare facilities. The petitioner is now requesting in phase one to increase the height
of the worship center in Tract "C" only from 50 feet to 62 feet. In phase two, a proposed second
principal structure will be developed at a height of 85 feet. In addition, the master plan has been
revised to indicate the location of these two structures in Tract "C". The petitioner's stated intent is to
relocate the worship center to an 85 foot tall building during in phase two while the 62 foot tall
structure would be converted to an educational facility including other ancillary uses to the church.
The increase in building height is only intended to better facilitate site design issues while the
development intensity will not increase and will remain the same as initially contemplated in the
approved PUD.
The traffic impact review also indicates that the proposed amendment to increase the building height
on Tract "C" will not increase the approved development intensity for the entire development. As a
result, the proposed amendment will not create significantly more site-generated trips versus the
approved amount the currently approved PUD could generate. Furthermore, the trips generated by this
petition will not exceed 5 percent of the LOS "C" design volume on Airport-Pulling Road (CR-31) and
on Livingston Road or lower the capacity below the adopted LOS "0" standard. The Traffic
Circulation Element (TCE) lists CR-31 as a 4 lane arterial road. The current traffic count for this
segment is 38,514 AADT that results in LOS "0". It should be noted that a proposed road widemng
project to 6 lane this segment of CR-31 is scheduled for completion by 200112002. Therefore, this
project meets the County's concurrency requirement and is consistent with the standards referenced in
Policy 1.3, 5.1, and 5.2 of the TCE ofthe GMP.
-
AGENDA IJEM
tc./1../j
NOV 0 9 1999
PI. I
1
-
The subject site is located within the Urban Mixed-Use Urban Residential designated area as identified
on the Future Land Use Map (FLUE). This district is intended for residential uses and certain
nonresidential uses such as essential services including parks and child-care centers. This district also
allows community facilities including churches, schools and museums. The proposed amendment (if
approved) will make it possible to increase the maximum building height of the worship center in
phase one from 50 feet to 62 feet in Tract "C" only. The second principal structure (phase two) that
will also be developed in Tract "C" is proposing a maximum height of 85 feet. Since the subject site
was zoned for church uses in 1996, it is still deemed consistent with the FLUE of the Growth
Management Plan.
The Collier County Planning Commission reviewed this petition during their public hearing on
October 21, 1999. By a vote of7 to 0, they forwarded Petition PUD-95-12 (1) to the Board of County
Commissioners with a recommendation of approval. It should be noted that no one spoke in owosition
durini: the public hearini: and staffhas not received any letters in opposition to this request. As a result.
this petition has been placed on the summary ai:enda.
FISCAL IMPACT:
This amendment to only to increase the maximum building height from 35 feet to 40 feet in Tract II.
No additional floor area or ALF units are proposed. Therefore, this amendment by and of itself will
have no fiscal impact on the County. The fiscal impact for this development was determined at the time
the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the
issuance of building permits to help offset 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.
PI.ANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition PUD-95-12 (1) being an
application to amend the First Baptist Church of Naples PUD subject to the conditions of approval that
have been incorporated into the PUD document and attached in the Ordinance of Adoption and made a
part of this executive summary.
2
~ooAiTEM-
I No./111
,1 t'''''''' 9 1999
! "IV' J
Pg. J.
PREPARED BY:
~ ~)J. -
RAY L'LOWS, PRINCIPAL PLANNER
C NT PLANNING SECTION
ALD ,AICP, MANAGER
CURRENT PLANNING SECTION
~ ---
ROB TJ.~HERE,AICP,DURECTOR
PLANNING SERVICES DEPARTMENT
APPRO~ B::
~ 1/1 ~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
~
PUD-95-12 (l)/EX SUMMARYIRVB/rb
3
10' (, I. 99
DATE
\().t~.'1'\
DATE
10 26-17
DATE
Ic:r-O-9i'
DATE
AGENOA ItEM
~/1 ;r
NOV 0 9 1999
Pi,.,3
AGENDA ITEM 7-F
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE:
OCTOBER 1, 1999
RE:
PETITION NO: PUD-95-12 (1), FIRST BAPTIST CHURCH OF NAPLES PUD
AGENT/APPLICANT:
Agent:
Mr. Robert L. Duane, AICP
Hole, Montes & Associates, Inc,
715 Tenth Street South
P.O. Box 1586
Naples, Florida 34106
Ovmer:
First Baptist Church
Daniel L. Schallmo, Business Administrator
1595 Pine Ridge Road
Naples, Florida 34109
GEOGR.\PIDC LOCATION:
The subject property is located on the West Side of Livingston Road (CR-881) and
approximately 0.5 miles east of Airport-Pulling Road (CR-31) on Orange Blossom Road in
Section 1, Tovmship 49 South, Range 25 East. (See illustration on following page)
REQUESTED ACTION:
This petition seeks to amend the First Baptist Church Planned Unit Development (PUD) for the
purpose of increasing the maximum building height in Tract "C" and to add a museum as an
accessory use,
PURPOSEIDESCRIPTION OF PROJECT:
The currently approved First Baptist Church PUD was adopted in 1996 and consists of a
complementary range of community facilities, including a church sanctuary, religious
educational facilities, school, auditorium, and daycare facilities. The project is planned for
development in two phases. Phase one will consist of a 75,000 square foot church, an 80,000
square foot education - administration building, a pre-school facility for up to 100 children, and a
400 student school. Phase two will expand the church and administration buildings to 120,000
square feet each while the preschool will expand to 200 students, and the school to 900 students.
The petitioner is now requesting in phase one to increase the height of the worship center in
Tract "C" only from 50 feet to 62 feet.
AGENDA ITEM
No./?B
NOV 0 9 1999
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PLANNER~:;
ENGINEER~:;
In phase two, a proposed second principal structure will be developed at a height of 85 feet. The
master plan has been revised to indicate the location of these two structures in Tract "C". The
petitioner's stated intent is to relocate the worship center to the 85 foot tall building during in
phase two while the 62 foot tall structure would be converted to an educational facility including
other ancillary uses. The increase in building height is only intended to better facilitate site
design issues while the development intensity will not increase and will remain the same as
initially contemplated in the approved pun,
SURROUNDING LAND USE AND ZONING:
Existing Conditions: The subject site is undeveloped and is zoned pun,
Surrounding: North: Undeveloped residential that is approved for 550 units at 4 units per acre.
The property is zoned: Oak Grove pun
East: Single family residential and zoned: Estates.
South: Vacant land that is zoned: Agriculture.
West: Developing residential with a total of 604 units and at a density of 6,04
units per acre, These properties are zoned: Lone Oak pun.
GROWTH MANAGEMENT PLAN CONSISTENCY: The pun has been distributed to the
appropriate jurisdictional review entities specifically for review of the pun for consistency with
the current Growth Management Plan land development regulations and they find the following:
Future Land Use Element: The subject site is located within the Urban Mixed-Use Urban
Residential designated area as identified on the Future Land Use Map (FLUE), This district is
intended for residential uses and certain nonresidential uses such as essential services including
parks and child-care centers. This district also allows community facilities including churches,
schools and museums, The proposed amendment (if approved) will make it possible to increase
the maximum building height of the worship center in phase one from 50 feet to 62 feet in Tract
"C" only. The second principal structure (phase two) that will also be developed in Tract "C" is
proposing a maximum height of 85 feet. Since the subject site was zoned for church uses in
1996, it is still deemed consistent with the FLUE of the Growth Management Plan,
Traffic Circulation Element: The traffic impact review indicates that the site generated trips
resulting from the proposed amendment is insignificant versus the amount of trips that can be
generated by the currently approved PUD, As a result, the site-generated trips will not lower the
level of service below the adopted LOS "D" standard within the project's radius of development
influence (RDI) , Livingston Road is currently a 2-lane road fronting the project and the current
traffic count for this road segment that is constructed to the project entrance is approximately
2,553 AADT. This road segment is also projected to operate at an acceptable LOS at the build-
out of the project. Furthermore, this road is scheduled for extension up to Vanderbilt Beach
Road by the year 2002. This road extension is necessary to improve traffic circulation and flow
in this area. It should be noted th:;t this amendment should not have any adverse impact on the
proposed extension of Orange Blossom Road to Livingston Road,
2
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AGENOA ITEM
~./fA
';~j ~ 9 199
Pg,.
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Applicable Elements: Staff review indicates that this petition has been designed to account for
the necessary relationships dictated by the Growth Management Plan. Mitigation measures and
stipulations have been developed (where appropriate) to ensure consistency with the GMP during
the permitting process. Development permitted by the approval of this petition will be subject to
a concurrency review under the provisions of Section 3.15 of the Collier County Land
Development Code, Adequate Public Facilities Ordinance, at the earliest or the next to occur of
either Final SDP approval, fmal plat approval, or building permit applicable to this development.
Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP.
Staff has concluded that no level of service standards will be adversely affected by this
amendment. Appropriate mitigation measures and stipulations will assure that the County's
interests are maintained, Consistency with the goals, objectives and policies of other applicable
elements of the GMP and level of service relationships are to be achieved by stipulations and/or
development commitments made a part of the approval of this development order.
mSTORIC!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. However, pursuant
to Section 2,2.25.8.1 of the Land Development Code, the PUD document shall contain the
following condition, 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,
STAFF EVALUATION REVIEW FOR ENVIRONMENTAL. TRANSPORTATION AND
INFRASTRUCTURE:
The appropriate staff with oversight related to the above referenced areas of critical concern
reviewed this petition as follows. This includes a review by the Community Development
Environmental and Engineering staff, and the Transportation Services Division, These reviews
help shape the content of the PUD Document and cause development commitments to be
formulated to achieve GMP and LDC requirements. The environmental staff has indicated that
an appropriate portion of native vegetation shall be retained on site. In addition, an exotic
vegetation removal, monitoring and maintenance plan for the site shall be submitted to staff for
review and approval prior to construction plan approval.
EVALUATION:
The purpose of this petition is to ~ the First Baptist Church of Naples PUD. As a result,
staff is of the opinion that the required findings for standard and PUD rezones do not apply in
recognition of the fact that these issues were addressed at the time the property was initially
rezoned to PUD. The PUD approval was based upon a preponderance of evidence and
cC'nditions that supported the required findings for PUD rezoning actions. However, staff has
evaluated the proposed amendment and has the following comments.r. '-AccNOAlffi
t ~)./?B
I~CI 0 9 19~
3
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The evaluation by professional staff includes an analysis of the project's relationship to the
community's future land use plan, and whether or not the proposed amendment would be
consistent with the Collier County Growth Management Plan and all of its related elements.
Other evaluation considerations should include an assessment of adequacy of transportation
infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration
is usually dealt with as a function of analyzing the relationship of the rezoning action to the long-
range plan for all future land uses. The most important facet of the rezoning action is that it
constitutes a legislative statement that authorizes the use of land for a specific development
strategy, provided the development of the land can go forward. It may not affect the timing of
development because of subsequent permitting requirements.
Relationship to Existing Land Uses - In regards to compatibility, the principle structures are
centrally located within the PUD boundaries (Tract "c" on the PUD Master Plan) to provide the
greatest amount of separation from the adjoining residential properties. For example, the
proposed 85 foot tall structure (Building #2 on the Master Plan) will be set back approximately
292 feet from the vacant Agriculture lands to the south. The lands to the east are zoned Estates
and they will be over 1,044 feet from the proposed 62 foot structure (Building #1 on the Master
Plan) while the undeveloped Oak Grove PUD to the north will be 528 feet from the 62 foot
structure. As illustrated on the East Elevation Cross Section (Exhibit "A"), the typical line of
site will not have any adverse impact on the circulation of light and air between structures
on the adjacent properties. Lastly, the residential units within the Lone Oak PUD will be 1,021
feet from the 85-foot tall structure. Based on the placement of the 62 foot and 85 foot tall
structures on the central portions of the 100-acre site, adequate separation can be achieved from
the adjacent residential properties, To further enhance compatibility with the adjacent properties,
the maximum height of permitted structures in Tract "B" which is located along the perimeter of
the PUD remains at 35 feet.
The Master Plan was approved with two access points off of Livingston Road and two access
points off the Orange Blossom Road right-of-way, Currently, the Orange Blossom right-of-way
contains a dirt road (See Photo #1) along the northern property line. This right-of-way is for the
extension of Orange Blossom Road that will connect CR-3! with the Livingston Road. The
Master Plan also depicts the water management facilities, open space and preserve areas to
improve compatibility with the adjacent properties. In addition, a 20-foot landscape buffer is
required to be placed around the entire perimeter of the PUD prior to the construction of the 85-
foot building in phase two,
.
Photo # 1. Photo #2. I AGENDA ITEM
No, /J' B
4 ~rJ'/ 0 9 1999
, PI. er
The currently approved buffering standards, setback requirements and architectural standards
meet or exceed all requirements of the Land Development Code. Lastly, the Lone Oak
residential community to the west (See Photo #2) has constructed a 6-foot tall wall with
landscaping that will serve as a buffer between projects.
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically
to Collier County's legal basis for land use planning, refers to the relationship of the proposed
zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
Since the property is located within the Urban Mixed-Use District, Urban Residential
Subdistrict) on the Future Land Use Map of the GMP, the currently approved community
facilities within this PUD are still compatible with the FLUE. These land uses are also
compatible with the adjacent residential uses. Given the urban influence impacting this area, the
proposed amendment is timely in that this land is consistent with requirements of the FLUE to
the GMP. Lastly, the change in land use to add a museum will not change any consistency
standard with the existing residential zoned properties.
PUD Development Standards -The proposed changes to the currently approved development
standards are to increase the maximum building height from SO-feet to 62-feet in phase one
while building #2 shall be constructed at a maximum height of 8S-feet in phase two. Staff is of
the opinion that the additional 12-feet in height in phase one and the increase 23-feet in phase
two will not significantly intensify the use of the site due to the limitations on square footage and
the additional landscaping and buffer requirements. Furthermore, the large. setbacks from the
property line will force the structures to the center of the development. As a result, the proposed
35-foot tall perimeter buildings will screen the size and scale of these buildings. Additionally, all
development shall be subject to an architectural theme requirement.
PUD Master Plan - The PUD Master Plan is basically unchanged between the current PUD and
the proposed plan except for the depiction of the building footprints in Tract "C". The main
access point location off of Livingston Road and Orange Blossom Road remains the same. As a
result, this PUD amendment essentially does not change internal land use relationships.
Utility Infrastructure - Water supplies are available to this site. All development must comply
with surface water management requirements invoked at the time of site development plan
reVIew,
Traffic Circulation and Impact - Staffhas identified the fact that the change in building height
will not have a significant impact on Livingston Road by virtue of the fact that vehicular site
generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore, it should be
appreciated that all future development is subject to actions that may be taken as a result of
application of the County's Concurrency Management provisions.
STAFF RECOMMENDATION:
Staffrecommends that the Collier County Planning Commission forward Petition PUD-95-12 (1)
to the Board of County Commissioners with a recommendation for approval subject to the
stipulations contained in the PUD document and attached to the Ordinance of adoption.
~.\.""..-. .-----
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PREPARED BY:
~/L3.~
RAY; EI:'LOWS, PRINCIPAL PLANNER
C NT PLANNING SECTION
:~" ~- -
VIN EN A, CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Staff Report for the October 21, 1999 CCPC meeting,
COLLIER COUNTY PLANNING COMMISSION:
ILj) J.6cJJ
MICHAEL J. BRUET, CHAIRMAN
RVB/rb/ STAFF REPORT/PUD-95-12 (1)
6
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NOV 0 9 1999
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No.~~ ..~ ~
NOV09~i
pa. 13
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APPLICA nON FOR PUBLIC HEARING FOR: PUD REZONE
~1E~lE~VfE[D)
FEB 0 3 1999
Petition No.: P U D 9 5 - 1 2U ).4
Date Petition Received:
Commission District:
Planner Assigned: R.A y /1 t-/.;f..-.<) fA) 5
---------------
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s) First Baptist Church
Applicant's Mailing Address 1595 Pine Ridge Road,
City
Naples
State
FL
Zip 34109
Applicant's Telephone # 597-6057
Fax #
Name of Agent
Robert L.Duane
F~ Hole, Montes & Associates, Inc.
Agent'sMailingAddress 71'; 10th Street South
City Naples
State
FL
Zip 34102
Fax #
262':'3074
Agent's Telephone # 262-4617
-
COLLmRCOUNTYCO~DEVELOPMENT
PLANl\'1NG SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
AGENDA ITEM
No.// /l
NOV 0 9 199~
16
Pg. 1'1
APPLlCATlOl\; FOR PUBLlC HE "'-RNG FOR PIID RE7..QNE-S/98
PAGE 1 0
~
2. Disclosure ofInterest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety.
tenancy in common, or joint tenancy. list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
First Baptist Church
Percentage of Ownership
100%
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address, and Office
N/A
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries {)f the trust with
the percentage of interest
Name and Address
N/A
Percentage ofIntcrest
AGENDj
No.d,A
NOV 0 S
PI.A
APPUCA nON FOR PUBLIC HEARING FOR PUD RE7-ONE . 5198
PAGE 2 OF 16
...
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
N/A
Pc:rcc:ntage of Ownership .
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, mcluding the officers, stockholders, beneficiaries, or partners.
Name and Address
lilt ~
Percentage of Ownership
--'>:<
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporatio~ partnership, or trust.
Name and Address
N/A
g. Date subject property acquired Q9 leased (): 1996 Term oflease
yrsJmos.
If: Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
N/A
and date option
-
AGENDA lTE
" Mo./? R
PAGE 3 o~QY 0 9 1~
PI. /~
.
APPLlCA nON FOR PU~LtC HEARING FOR rIm REZONE - 5198
r'
~
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing. it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3~ Detailed legal description of the property covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zotrlng
district, ~clude 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" t~ 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:
1
Township: 49 S
Lot: NI A Block:
Subdivision:
Range:
N/A
25E
Plat Book
Page #:
Property I.D.#: 2 36 )7/004-
Metes & Bounds Description:
See attached boundary survey
4.
Size of property: 1573~ X 2770:t ft. = Total Sq. Ft. 4,356,000 Acres 100
e 4..of p(J
Address/generallocation of subject property: 0.5 miles __ Airport Road
5.
on .Orange Blossom Drive.
6. Adjacent zoning and land nse:
Zoning
Land use
N P.U.D. VACANT
S A VACANT
E ESTATES SINGLE FAMILY
W A VACANT
.
AGENOA 'I aI
No./~ B
NOV 0 9 199
PI. /1
APPLICA nON FOR PUBLIC HF.ARING FOR Pun REZONE - 5J91
PAGE 40F 1
r'
"'
~,,/ 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 I A
Township:
Range:
Lot: N/ A
Block:
Subdivision:
Plat Book
Page #:
Property LD.#:
Metes & Bounds Description:
7.
Rezone Request: 1bis application is requesting a rezone from the
zoning district{s) to the P. U. D. .zoning district(s).
'p.U.D.
Present Use of the Property: VACANT - DrA"1e- /GV-ttf.e./V"fAt+ GNlAZ.
Proposed Use (or range of uses) of the property:
CHURCH AND RELATED AREAS.
8. 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 bacl.-up materials and documentation in support of the
request.
Standard Re:!.one Considerations fLDC Section 2.7.2.$J
J. Whether the proposed change will be consistent with the goals, objectives, and policies
and.fUtw'e land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
AGENDA ITEM
No./?1J
APPLlCA 110N FOR PUBLIC HF:ARIJlfG FOR PUD REZONE. S198
NOV 09199!
PAGES OF 16
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No.~7:B
NOV 09 1999
Pi. /9
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Naples, Flo:iCla 33942
Inforaatia'l supplied by cantor
wr:DIX1r OP.Dl'%eN OF TInE
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.lANIS ~ HUCr:'it:lN, l:rdivi.dlJallyan:! as~, ~ A. meE.
IttU.'vidually and as ~. DlWID ~. a,lk/a ar..vm BlRl<E
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~ 'JKJST dated. ~ 29, 1195, as GRI'lH1tIR. with full pcwer an:!
authcrity eitbm' b:> ~, c::anse:r:ve, seU, ~~. =-1:1,:) ot:benr.lJ;;e
'IIliVID9B or ':H~ of the xul ~~tt ~ bezein, to PIJ51' ~
QUQI OF N1U'lES, INC. . the GlWll'fE. ~ Q&b._ ~ lSDS Pine. ~
1tJ::ed. Naples. narida 33g42.
W1'1NESSE'1'K. '1M~ the c:iiIiWl.ttlR. far anrS in c:ons.i.da:r:a1 of the
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PUD REZONE APPLICATION
THIS COMPLETED CHECKLIST IS TO BE SUBMlTl'ED WITH APPUCATION
PACKET! ,.
RJiQUlREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15 X
,
2. Copy of Deed(s) and list identifying Owner(s) and all 1
Partners if a Corporation y
3. Completed Owner/Agent Affidavit, Notarized 1 X
4. Pre-application notes/minutes 15 - N1A
5. Conceptual Site Plans 15
X
6. Environmental Impact Statement - (EIS) 4 N/A
-
7. Aerial Photograph - (with habitat areas identified) 4 l( Nn h",hit-
8. Completed Utility Provisions Statement (with required 4
attachments and sketches) N/A
9. Traffic Impact Statement - (TIS) 4 X
10. Historical & Archaeological Surveyor Waiver 4
. Application - X
11. Copies of State and/or Federal Permits 4
v
12. Architectural Rendering of Proposed Structure(s) 4 x
- -
13. Application Fee, Check shall be made payable to -
Collier County Board of Commissioners x -
14. Other Requirements -
A$the authorized agent/applicant for this petition, I attest that all oflhc infOIIDation indicated on this cbecJdi~ is
included in this submittal package. I understand that failure to include all necc:ssary submittal information may result
in the delay of process this petition.
~~
Agent! Applicant Signature
1/'2- 6 / fC/
I Date I
-
AGENDA I..
No. 11,A
NOV 0 9 1999
Pi, ~
APPLlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 5.1'98
PAGE 15 OF 6
_.-----,--""~---~,----~.,_._..-
-
. AFFIDAVIT
D~""le'- L. JCHALt...MO
dllr"~f sS IJ OM JlvJJ r '(j~-rd"-" IL.C;-,J
Well, F, ".r.7 Ij It p (J r 7 {At v I'-CA.-I rf being first duly sworn, depose and say that well
amlare the owners of the property described herein and which is .the subject matter of the proposed
hearing; that all the answers to the questions in this application, including the disclosure of
interest information, all sketches, data, and other supplementary matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief. wen
understand that the information requested on this application must be complete antiaccurate and
that the content of this form, whether computer generated or County printed shall not be altered.
Public heari.ngs will not be advertised until this application is deemed complete, and all required
information has been submitted. .
As property owner Wellfurther authorize Robert L. Duane
as our/my representative in any matters regarding this Petition.
to act
-
~/~
Signature of Property Owner
lJ/JtJff'- L. SCJlALLI'10
e u oS J N u..r 1}()1"111'J (oS f1'V, 71>12-
F/~.Ij tiAP1(S7 CI-I""'H tJP.fl-{-S
Typed or Printed Name of Owner
Signature of Property Owner
Typed or Printed Name of Owner
The foregoi'anstrument was acknowledged before me this /6t' doy of ~..,.ar~
19 qr:;, by n Ilj (_ S'~ho isFonaLly Known to jJP or has produced
~W~~~ -
State of Florida
County of Collier
", ~J (!, Buu-//fU
(Signature of Notary Public - State of
Florida)
'~:l!JClIld ~/UlIJ.PflPuog .
e:ooe: 'Be: J9GW~9(] :S3!:!ldX3' .,~
, ' ;;r,'i6L J::' j NOISSiVlV/O:) At'! ~ - !-j
:' NMO!lB '''\A'/O .~.~.,
" ~~ ..., VA ",.,."111
D, ha: C. 6/'f?&")~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
~GENOA \T1
No.L/P
NOV 0 9 1!
PI-.;J b
APPLlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 5198
PAGE 16 OF 16
',-
ORDINANCE 99-_
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 950lS
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"POO" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS THE FIRST BAPTIST CHURCH OF
NAPLES, FOR PROPERTY LOCATED ON THE WEST
SIDE OF LIVINGSTON ROAD 0.5 MILES EAST OF
AIRPORT-PULLING ROAD (C.R, 31), IN SECTION I,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF ]00% ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 96-2; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing First Baptist Church
of Naples, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real properly;
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 I, Township
49 South, Range 25 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 Alias Map numbered
950lS, as described in Ordinance Number 91-102, the Collier County Land Deve]opment Code, are
hereby amended accordingly.
SECTION TWO'
Ordinance Number 96-2 known as the First Baptist Church of Naples PUD, adopted on
February] 3, ] 996 by the Board of County Commissioners of Collier County, is hereby repealed in its
'entirety.
s.E.C.I.IQ'l THR E E'
This Ordinance shall become effective upon filing with the Department of State.
-1-
AGENDA ITEM
No, /7 B
.
NOY 0 9 1999
pt. A-7
,1999,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _ day of
ATTEST:
DWIGHT E, BROCK, Clerk
Approved as to Fonn and
Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
ORDINANCEJPU0-95-12( I)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KlE, CHAIRWOMAN
-2-
AGE}.;OA ITEM
No. // .8
NOV 0 9 1999
PI. ~~
PLANNED UNIT DEVELOPMENT
DOCUMENT FOR
FIRST BAPTIST CHURCH OF NAPLES
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples. FL 34102
January, 1999
HMA File No. 95.12
AGENaA ITEM
NO. /7-R
NOV 0 S 1S99
Pg. ,f) 'I
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance ............................................................ 1 - 1
SECTION II - Property Ownership, Legal Description, Short Title,
and Statement of Unified Control................................................... 2 - 1
SECTION III - Statement ofIntent and Project Description...................................... 3 - 1
SECTION IV - General Development Regulations................................................. 4 - 1
SECTION VI - Permitted Uses and Dimensional Standards...................................... 5 - 1
SECTION VI - Envirorunental Standards......,.....,................,.............................. 6 - 1
SECTION VII - Transportation Requirements..,................................................... 7 - 1
SECTION VIII - Utility and Engineering Requirements.......................................... 8 - 1
SECTION IX - Water Management Requirements ................................................. 9 - 1
EXHIBITS
PUD Master Plan
.-.......~....1it!C............~~
AGENDA 1TI::M
No. /://1
NOY 0 9 1999
PI. l 10
SECTION I
Statement of Compliance
The development of 100,OOt acres of property in Section 1, Township 49 South, Range 25
East as a Planned Unit Development, to be known as First Baptist Church of Naples, will be
in compliance with the planning goals and objectives of the Collier County Growth
Management Plan for the following reasons:
1.1 The subject property is identified as Urban Residential in the Future Land Use Element
of the Growth Management Plan.
1.2 The Urban Residential designation is intended to provide locations for the development
of higher densities and intensities of land use, which include both residential
development and non-residential development such as community facilities.
1.3 The proposed development consists of a complementary range of community facilities,
including a church auditorium, religious education facilities, school and recreation,
therefore, they are determined to be consistent with the Collier County Growth
Management Plan.
1.4 Provisions have been included within the PUD document to provide two possible
means of ingress from both Orange Blossom Drive and Livingston Road to the project.
Project phasing will assure adequate traffic circulation and non-substantial impacts to
the existing traffic network of the area.
1.5 The project shall be in compliance with all applicable County regulations, including the
Growth Management Plan.
1.6 The project will be served by a full range of services and utilities provided by the
County .
1.7 The project will be compatible and complementary with adjacent land uses through the
internal arrangement of tracts, the placement of land use buffers, and the proposed
development standards contained herein.
1.8 The Planned Unit Development includes open spaces, natural features and a network of
onsite lakes, which will serve to enhance the project and improve its compatibility to
surrounding properties and land uses.
1.9
All final local Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance
AGENDA ITEM
No. //' B
NOV 0 9 199!
PI.dl
1 - 1
SECTION II
Property Ownership, Legal Description, Short Title, and Statement of Unified Control
2.1 Property Ownership
The subject property is currently owned by the First Baptist Church of Naples, Inc.
2.2 Legal Description
Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida,
more particularly described as follows:
COMMENCING at the Southeast corner of Section 1. Township 49 South, Range 25
East, Collier County, Florida; thence run along the East line of said Section 1, North
00/52'40" West 1,077.67 feet for a PLACE OF BEGINNING; thence North 89/03'13"
West, 2,746.50 feet; thence North 02/50'06" West. 1,564.94 feet; thence South
89/25'49" East, 2,799.08 feet to the East line of said Section 1; thence along said East
line South 00/53'28" East, 1,.580.75 feet to the PLACE OF BEGINNING, subject to
easements. restrictions and reservations of record, containing 100.00 acres more or
less.
2,3 Short Title
This ordinance shall be known and cited as the "First Baptist Church of Naples Planned
Unit Development Ordinance".
2.4 Statement of Unified Control
It is the intent of the First Baptist Church of Naples to establish a Planned Unit
Development on One Hundred Acres in Section 1, Township 49 South, and Range 25
East in Collier County, Florida.
The subject property, as depicted on the PUD Master Plan, is under unified control for
the purposes of obtaining PUD zoning.
2 - 1
AGENDA ITEM
No./Z'll
NOV 0 9 199~
PI. 3:J...-
SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent of the First Baptist Church of Naples to establish a Planned Unit
Development meeting the requirements as set forth in the Collier County Land
Development Code (LDC). The purpose of this document is to set forth guidelines for
the future development of the project that meet accepted planning principles and
practices, and to implement the Collier County Growth Management Plan.
3.2 Project Description and Phasin2
The project is comprised of 100.OOf: acres located within the southern half of Section
1, Township 49 South, Range 25 East, approximately one half mile east of Airport
Road and one mile north of Pine Ridge Road. Access to the site is provided from both
Orange Blossom Drive, a sixty (60) foot right-of-way, running west to a median
opening at Airport Road, and Livingston Road, running south to its intersection with
Pine Ridge Road. The project will provide a selected range of community facilities,
which will include a worship center, schools, pre-school and recreational facilities,
which will be necessary and complementary to the principal use of the site.
3,3 Land Use Plan and Project Phasin2
A. The following phasing schedule and development intensities, are approximate
and are based on the best information available. Actual development intensity
and phasing will be determined based on the availability of need and funding.
The PUD Master Plan contains a total of five (5) tracts consisting of recreation,
open space, lakes, development areas and street right-of-way. The Master Plan
is designed to be flexible with the placement of buildings, tracts and related
utilities and water management facilities. More specific commitments will be
made at the time of site development plan and permitting approval, based on
compliance with all applicable requirements of this ordinance, LDC and local,
state and federal permitting requirements. All tracts may be combined or
developed separately subject to compliance with the applicable dimensional
requirements contained within this document.
B,
The anticipated time of build-out of the project is approximately fifteen (15)
years from the time of issuance of the first building permit and will consist of
two (2) major phases. Phase I, beginning on or about the year 2000, will
I
include the main worship facility, comprising approximately 75,000 S.F. and
60,000 S.F. to 80,000 S.F. for education and administration. Included in thi
AGENu",11
No./7B
NOY 0 9 1
Pc.~
3 - 1
phase will be a pre-school facility for up to 100 children and a 4oo-student
school,
Phase II, will commence on or about the year 2005. It will include expansion of the worship
facility and education/administration facility to approximately 120,000 S.F. each. The
capacity of the pre-school facility will be expanded to a total of 200 children and the school to
900 students.
Future construction beyond Phase II may include future school expansion, a 50-bed (maximum
26 units per acre) adult congregate living facility, a conference center and overnight lodging
facilities for church conference guests (maximum 40 rooms), a children's home and other
accessory uses permitted by the PUD.
~'-'^
AGENDA n iJ.A
No.Y/~
NOV 0 9 iS99
PI. ..31
3-2
SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development and use of the First Baptist of Naples Planned Unit Development
and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
A, Regulations for development of the First Baptist of Naples Planned Unit
Development 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 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 County Land Development
Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the First Baptist of Naples Planned Unit Development
shall become part of the regulations which govern the manner in which this site
may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other land
development codes where applicable remain in full force and effect with respect
to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 of the LDC pertaining
to Adequate Public Facilities at the earliest or next to occur of either final SDP
approval, or building permit issuance applicable to this development.
4,2
Site Clearin2 and Draina2e
,;
AGE
~
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at NOV
4 - 1 p
I.~
the time of construction plan approval.
4.3 Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County.
All necessary easements, dedications or other instruments shall be granted to ensure the
continued operation and maintenance of all services and utilities. This will be in
compliance with applicable regulations in effect at the time construction plans and plat
approvals are requested.
4.4 Amendments to the Ordinance
Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of
the Collier County LDC, as revised, at the time the amendment is requested.
4.5 Project Plan Approval Requirements
Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan. All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in Section 3,2 of the LDC.
Prior to recording of the final subdivision plat (if required), when required by the
Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required
improvements shall receive the approval of all appropriate Collier County
governmental agencies to ensure compliance with the PUD Master Plan, the County
Subdivision Regulations and the platting laws of the State of Florida.
Prior to the issuance of a building permit or other development orders, the provision of
Section 3.3, Site Development Plans shall be applied to all platted parcels. Should no
subdivision of land take place, Section 3.3 shall be applicable to the development of all
tracts as shown on the PUD Master Plan.
4,6 Provision for Offsite Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If,
after consideration of till activities on buildable portions of the project site, there is a
surplus of earthen material, offsite disposal is also hereby permitted subject to the
following conditions:
AGENDAr
/No.4Ji.
I NOV 0 9
Pa.uL
A. Excavation activities shall comply with the defmition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite remo
4-2
shall not exceed ten (10) percent of the total volume excavated up to a
maximum of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said timetable shall include the length of time
it will take to complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4,7 Sunset and Monitoring Provisions
The First Baptist Church of Naples PUD shall be subject to Section 2.7.3.4 of the
LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 Monitoring
Requirements.
4.8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the First Baptist Church of Naples PUD may be used for a polling place,
if determined necessary by the Board of County Commissioners upon recommendation
of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC.
4.9 Native Vegetation
The entire area comprising the First Baptist Church of Naples has been previously
cleared and is currently in an active agricultural state. Division 3.9, Vegetation
Removal, Protection and Preservation, is, therefore, not applicable to the development
of this site.
4. 10 Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open
space will be allocated within each subsequent site development plan. Open space may
be in the form of landscaping, additional buffers, passive or active recreation areas and
water management facilities. The total aggregate of such amenities shall meet or
exceed the open space requirements of Sec. 2.6.32 of the LDC.
4.11 Spraying on Adjacent Farmlands to the South
The operation of the Church and various other permitted uses will not disrupt the
spraying of said agricultural lands.
AGeOA~8vl
~/7 14
NOV 0 9 1999
pad? 7
4-3
-
SECTION V
Permitted Uses and Dimensional Standards
5. 1 Purpose
The purpose of this Section is to identify permitted uses and development standards for
areas within the First Baptist Church of Naples PUD designated on Exhibit" A", PUD
Master Plan for Tracts A, B, C, D and R.
5,2 General Description
Tracts A, B, C, D and R as shown on the PUD Master Plan, are designed to
accommodate a full range of principal uses, essential services and accessory uses.
The approximate acreage of tracts are depicted on the PUD Master Plan. This acreage
is based on conceptual designs, Actual acreages of all development tracts will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.3 and Division 3.2 respectively, of
the Collier County Land Development Code. All tracts are designed to accommodate
internal roadways, parking, open spaces, amenity areas, water management facilities,
and other similar uses.
5.3 Permitted Uses and Structures
A broad range of complementary and compatible uses are permitted for the subject
property to achieve the projects intended purpose. Group I uses are the most intensive
uses and, therefore, are limited to Tract Conly. These uses are permitted a maximum
height of sixty-two (62) feet for building one (1) and eighty-five (85) feet for building
two (2) as depicted on the PUD Master Plan. Group II uses are presumed to be lower
intensity or transitional uses from Group I uses, therefore, their maximum height is
thirty-five (35) feet, More restrictive setbacks from the perimeter of the property are
required for certain Group II uses to further enhance compatibility with adjoining
properties.
A. Principal Uses:
1. Group I Uses - Tract Conly.
(a)
(b)
(c)
(d)
Worship
Education! administration
Pre-school
All Group II uses.
.........""."'-'~
AGENDA ITEM
No. '/7 B
NOV 0 9 1999
5 - 1
PI. 4o-~f
2. Group II - All other tracts, except D.
(a) Adult Congregate Living Facility (requires the same procedure
for a Conditional Use 2.7.4).
(b) Passive recreation.
(c) Active recreation* All uses and structures that may be associated
with active recreation, including but not limited to gazeboes,
bleachers, refreslunent stands and fund-raising booths.
(d) Children's home.
(e) School* Parochial school only.
(f) Conference center/Lodging* 40 units maximum at 26 units per
acre. Lodging shall be restricted to church conference guests,
students and missionary furlough housing only.
(g) Cemetery
(h) Day-care - only in conjunction with permitted uses.
(i) Museum
*Please see Development Standards.
B. Any other use, excluding Category II uses as defmed within the Group Care
Facility definition of the LDC, which is comparable in nature with the
foregoing uses and which the Development Services Director determines to be
compatible.
C. Accessory Uses and Structures:
1. Accessory uses and structures, such as caretakers residence, parsonage
and storage/maintenance facilities, customarily associated with principal
uses permitted within this district.
2. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
AGENDA 11 t;..n
jo./j7 B
NOV 0 9 1999
5-2
Pl.t 19
5.4 Development Standards
A. The following represents the Development Standards for permitted uses and
structures:
(I) Other structures fifty (50) feet.
(2) See permitted uses Group II. Requires seventy-five (75) foot setback from
project perimeter for active recreation, school or conference center.
(3) From rights-of-way plus one (1) foot for each foot of height over thirty-five
(35) feet.
5,5 ~1inimum Off-street Parkin2 and Off-street
Parking shall be provided for all uses and structures as required in Section 2.3, Off-
street Parking and Loading of the LDC.
Height Setback/Perimeter Min. Front
Yard(J)
Building (1) 62
feet(t)
Group I Building (2) 85 feet 25 feet 25 feet
Group II 35 feet 25 or 75 feet(2) 25 feet
5.6 Landscapin2
Landscaping shall be required in accordance with Section 2.4 of the Collier County
LDC. In meeting the perimeter buffer requirements, the existing non-native
vegetation/citrus trees are permitted to be used in meeting the landscaping
requirements, however, additional supplemental native plantings may be required to
achieve the intent and purpose of Section 2.4. Perimeter buffers shall not be required
during the development of any portion of Tract C, or the construction of any public or
private streets within the PUD site. Buffering may be required during the site plan
review process of all remaining tracts as determined appropriate by the Development
Services Director, based upon the type of use and its proximity to non-agricultural
uses.
Prior to the development of Building (2), which is permitted a maximum height of
eighty-five feet, a twenty (20) foot tall buffer shall be in place around the perimeter of
the property meeting or exceeding the requirements of section 2.4 of the LDC.
--
'AGENO~
No. /;:'..
5-3
NOV 0 9 199!
Pl. J/~
5.7 Li2htin2
Lighting shall be located so that no light is aimed directly toward a property designated
residential, which is located within two hundred (200) feet of the light source.
5.8 Si2l1s
Signage shall be allowed as provided for within Section 2.5 Signs of the LDC.
5.9 Accessorv Use and Structures
Development standards for accessory uses and structures shall be the same as for
permitted uses within the corresponding Principal Use Group.
5-4
A~~I~
No.'lf,g
NOV 0 9 1999
PI. fi
SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
6,1 Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery of a
archaeological or historical site, artifact or other indicator of preservation).
6.2 Petitioner shall obtain and submit documentation of all necessary local, state and
federal permits.
6.3 The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals.
6-1
.CENOA ITEM
No. /7R
.
NOV 0 9 1999
PI. #J-
SECTION VII
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
7.1 The developer shall provide arterial level street lighting of the project entrance. Said
lighting shall be in place prior to the issuance of any Certificate of Occupancy.
7.2 The road impact fee shall be as set forth in Section 4.1 of the LDC, as amended, and
shall be paid at the time building permits are issued, unless otherwise approved by the
Board of County Commissioners.
The First Baptist Church of Naples shall reserve a maximum of 275 feet along the
eastern boundary of the project for the future widening of Livingston Road and
associated water management requirements.
Right-of-way for the extension of Orange Blossom Drive will be included within the
boundary of the project (a portion of the right-of-way will be included within the Oak
Grove PUD as noted on the PUD Master Plan (Exhibit A)). At the time that legal
access is available to Orange Blossom Drive outside the boundary of the project this
roadway may be used for access and improved by the First Baptist Church to County
Collector Road standards. Such improvements may be eligible for impact fee credits.
Donation of said right-of-way easement and the calculation of road impact fee credits
shall be made in accordance with the provisions and requirements of Section 2.7.2.8.1
Dedication of the public facilities and development of prescribed amenities of the
Collier County Land Development Code and the Collier County Road Impact Fee
Ordinance.
In the event the property is developed at the time of the dedication and road impact fees
were paid for the development and/or the anticipated amount of road impact fees for
the ultimate development of the property are less than the value of the property
dedicated to the County pursuant to this provision, the County shall pay to the property
owner the difference at the time of conveyance of the property to the County. By way
of example, if the value of the property dedicated to the County equals $100,000 and
the total road impact fees to be generated from the property equals $50,000, the County
shall pay to the property owner at the time of the conveyance, the amount of $50,000.
7.3 Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued.
7.4 All traffic control devices used shall conform with the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0745, Florida Statutes.
7.5
Connections onto Livingston Road:
(a) The Orange Blossom Drive connection shall be a full median access.
(b) The major entry (central conne~tion) shall be a full median access.
7 - 1
, AGENDA ITEM
No. /f'8
NOV 0 9 1999
PI_ 1/3
-
(c) The secondary entry (south connection) shall be a controlled median access.
(d) All median openings and driveway locations shall be in accordance with the
Collier County Land Development Code and Access Management Policy, as
they may be amended. Median access and control shall remain under County
control unless established via a right-of-way agreement between the Board of
County Commissioners and the developer.
~AnEM
NO. /7/i
NOV C S ~:39
Pg. Iff"
7-2
SECTION VIII
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
8.1 Utilities
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No, 88-76, as amended, and other applicable County rules
and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be billed
by the County in accordance with the County's established rates. Should the
County not be in a position to provide sewer service to the project, the sewer
customers shall be customers of the interim utility established to serve the
project until the County's offsite sewer facilities are available to serve the
project.
C. Prior to approval of construction documents by the County, the developer must
present verification pursuant to Chapter 367, Florida Statutes, that the Florida
Public Service Commission has granted territorial rights to the developer to
provide sewer service to the project until the County can provide these services
through its sewer facilities.
D. The utility construction documents for the project's sewerage system shall be
prepared to contain the design and construction of an onsite force main, which
will ultimately connect the project to the future central sewerage facilities of
Collier County. The force main must be interconnected to the pump station
with appropriately located valves to permit for simple redirection of the
project's sewage, when connection to the County's central sewer facilities
becomes available.
E. Prior to or at the time of submission of construction plans and final plat for the
project, the potable water supply from the Collier County Water-Sewer District
to serve this project shall be installed adjacent to the property and be in
service.
8.2
Engineering
A, Detailed paving, grading, site drainage and utility plans shall be submitted to
the Development Services Department for review. No construction permits
shall be issued unless and until approval of the proposed construction, in
accordance with the submitted plans, is granted by the Development Service
Department.
AGEli
No./? .J'
NOV 0 9 1
Pi'K.-
8 - 1
B, Design and construction of all improvements shall be subject to compliance
with the appropriate provisions of the Collier County LDC.
C. Subdivision of site shall require platting in accordance with Section 3.2 of
LDC to define the right-of-way and tracts shown on the PUD Master Plan.
D. The developer and all subsequent petitioners are hereby placed on notice that
they shall be required to satisfy the requirements of all County ordinances or
codes in effect prior to or concurrent with any subsequent development order
relating to this site, including but not limited to Preliminary Subdivision Plats,
Site Development Plans and any other application that will result in the
issuance of a final or final development order.
:t:};r
-,-
8-2
NOV 0 9 1999
Pg, f t,
SECTION IX
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the
project developer.
9.1 Detailed paving, grading and site drainage plans shall be submitted to the
Development Services Department for review. No construction permits shall
be issued unless and until approval of the proposed construction, in accordance
with the submitted plans, is granted by the Development Services Department.
9.2 Design and construction of all improvements shall be subject to compliance
with the appropriate provisions of the Collier Count LDC, except that
excavation for water management features shall be allowed within twenty (20)
feet from side, rear or abutting property lines,
9.3 Landscaping shall not be placed within the water management areas unless
specifically approved by the Development Services Department.
9.4 The wet season water table elevation shall be established at the time of South
Florida Water Management District permitting.
9-1
A A.I'W-4
No./?15
NOV 0 9 1299
Pg. 1/-1
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EXECUTIVE SUMIVI~
PETITION NO. CU-99-24, JERRY NEAL OF PURSE ASSOCIATES INC.
REPRESENTING CAPRI CHRISTIAN CHURCH, INC. REQUESTING APPROVAL OF
A CONDITIONAL USE FOR THE EXPANSION OF AN EXISTING CHURCH LOCATED
AT THE CORNER CAPRI BOULEVARD AND HILO DRIVE ON ISLES OF CAPRI.
OBJECTIVE:
The applicant is requesting Conditional Use "2" of RSF-4 Residential zoning district for a
church expansion,
CONSIDERATIONS:
.-
The applicant is requesting Conditional Use "2" of the "RSF-4" zoning district. The
applicant is proposing to expand the existing church to the north on four vacant lots
adjacent to the existing church, The purpose of this expansion is to build a 6,650 square
foot fellowship hall and 40 parking spaces, The existing church facilities consist of a
4,500 square foot church building and a 2,000 square foot building for Sunday school.
The existing site contains 40 parking spaces, This conditional use, if granted, will
effectively double the area of the existing buildings and the number of parking spaces
on the property. The existing church fronts on Capri Boulevard and Hilo Street with
ingress and egress provided on Hilo Street. The expansion will provided additional road
frontage on Pago Pago Drive. The applicant is proposing additional access points on
Pago Pago Drive, No access points are proposed on Capri Boulevard.
The Collier County Planning Commission heard this petition on October 21, 1999 and
by a vote of 7-0 recommended approval subject to the CCPC conditions. No one spoke
against this petition at the CCPC hearing and furthermore, Staff has not received any
letters of objection. This petition qualifies to be placed on the Summary Agenda.
FISCAL IMPACT:
This petition is for a 6,650 square foot church building expansion. The following impact
fees are applicable to this project:
Fire Impact Fee:
Road Impact Fee:
EMS Impact Fee:
Radon:
Building Code Adm. Fee:
Total:
$1,995.00
$8,665.00
$ 286,00
$ 33.25
$ 33.25
$11,012.50
.,-
AGENDA ITEM
No. L?'c'
NOV 0 9 1S99
PI, /
.
-
Other fees will include building permit review fees and utility fees associated with
connecting to the County's sewer and water system. Building permit fees have
traditionally offset the cost of administering the community development review process,
whereas utility fees are used on their proportionate share of impact to the County
system. Finally additional revenue is generated by application of ad valorem tax rates.
The revenue that will be generated depends on the value of the improvements, At this
point in time a model has not been developed to arrive at a reasonable estimate of tax
revenue based on ad valorem tax rates.
Nevertheless, it should be appreciated that not withstanding fiscal impact relationship,
development takes place in an environment of concurrency relationship. When level of
service requirements fall below then developed standard a mechanism is in place to
bring about a cessation of building activities, Certain LOS standards apply countywide
and would therefore bring about a countywide concurrency determination, while others,
such as roads may have geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
The subject property is located in the Urban Coastal Fringe area as shown on the FLUE
map of the GMP. The property is zoned "RSF-4" Residential Single-Family, This district
allows for certain conditional uses such as churches and houses of worship. Therefore,
this request is consistent with the FLUE of the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals approve Petition CU-99-24.
AGENDA ITEM
No. /1 c.
NOV 0 9 1~99
Pl!;. ~
PREPARED BY:
~~~,~~
CHAHRAM BADAMTCHIAN, Ph.D., AICP
PRINCIPAL PLANNER
t f} ( z.Z(' ., i
DATE
\O."l~''jl
DATE
/ () -Z J-=- ,7 7
DATE
T J. MULHERE, AICP, DIRECTOR
ING SERVICES
APPROi ~Y: d
.. / j- d~ /ofl-6(JJ
VIN ENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
AGENDA ITEM
No. /7C-
NOV 0 9 1999
Pi, 0
AGENDA ITEM 7-K
-
TO:
FROM:
MEMORANDUM
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE:
September 30,1999
SUBJECT: PETITION: CU 99-24
OWNER/AGENT:
AGENT:
Jerry Neal
Purse Associates, Inc,
4450 Bonita Beach Road
Suite # 9
Bonita Springs, FL. 34134
Owner:
Capri Christian Church, Inc,
111 East Hilo Street
Naples, FL. 34113
REQUESTED ACTION:
The applicant is requesting the approval of a conditional use for the expansion of an
existing church.
GEOGRAPHIC LOCATION:
The existing church is located on Hilo Street in Isles of Capri, and is further described
as Lot 437 through Lot 441 Isles of Capri No, 2. The proposed expansion will be on
adjacent vacant parcel to the north of the existing church, described as Lot 424 through
Lot 427 Isles of Capri No.2, in Section 32, Township 51 South, Range 25 East, Collier
County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting Conditional Use "2" of the "RSF-4" zoning district. The
applicant is proposing to expand the existing church to the north on four vacant lots
--
AGENDA ITEM
No. /7C
NOV 0 9 1999
Pg, tf
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adjacent to the existing church. The purpose of this expansion is to build a 6,650 square
foot fellowship hall and 40 parking spaces. The existing church facilities consist of a
4,500 square foot church building and a 2,000 square foot building for Sunday school.
The existing site contains 40 parking spaces. This conditional use, if granted, will
effectively double the area of the existing buildings and the number of parking spaces
on the property. The existing church fronts on Capri Boulevard and Hilo Street with
ingress and egress provided on Hilo Street. The expansion will provided additional road
frontage on Pago Pago Drive. The applicant is proposing additional access points on
Pago Pago Drive. No access points are proposed on Capri Boulevard.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Coastal Fringe area as shown on the FLUE
map of the GMP. The property is zoned "RSF-4" Residential Single-Family. This district
allows for certain conditional uses such as churches and houses of worship. Therefore,
this request is consistent with the FLUE of the GMP.
Other applicable elements of the GMP for which a consistency review was made are as
follows:
Transportation Element: There are two ingress and egress points on Hilo Street and
additional ingress and egress points are proposed on Pago Pago Drive.
The ITE Trip Generation manual indicates that the addition will generate approximately
150 to 200 trips on a Sunday and 65 trips on a weekday. Based on this data, the site
generated traffic will not exceed the significance test standard (5 percent of the level of
service LOS "C" design volume) on any County road after trip assignments are made. In
addition, the site generated trips will not lower the level of service below any adopted
LOS standard within the project's radius of development influence (RDI). Therefore, this
project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE).
Conservation Element: This petition will be reviewed by the Environmental Staff for
compliance with the Conservation Element of the GMP at the time of the Site
Development Plan (SDP) review.
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.
AGENDA ITEM
No./?C.
NOV 0 9 1999
b
Pg.
-2-
SURROUNDING LAND USE AND ZONING:
Existing: - Vacant, zoned RSF-4
Surrounding: North - Residential single family dwellings, zoned RSF-4
East - Residential single family dwelling, zoned RSF-4
South - Church, zoned RSF-4
West - Residential single family dwellings, zoned RSF-4
Sf AFF ANALYSIS
a. Consistency with this Code and Growth Management Plan.
~
The site in question is zoned "RSF-4" and is vacant. Churches and houses of
worship are permitted as Conditional Uses in the RSF-4 district. The subject
property is designated Urban Coastal Fringe, which allows churches, provided
certain criteria are met.
~ None.
Summary Conclusion (Findings):
The use in question is permitted within the Urban Coastal Fringe, provided
certain criteria are met. This request is deemed to be consistent with the
requirements of the Growth Management Plan.
b. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
~
There are two existing ingress and egress points to the site. The applicant is
proposing two additional ingress and egress points. They will be reviewed during
the SDP review process. If deemed necessary during the SDP review, their
location or number may be changed.
~ None.
Summary Conclusion (Findings):
There are existing and proposed ingress and egress points to the site. During the
SDP stage, in order to address all safety concerns, staff will review their location
and number.
-3-
\;:GOOA ITEM
No. /7c..
NOV 0 9 1999
L Pg. 'I
_.
c.
The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
~
The church is already existing. This conditional use is only for the expansion of
the existing church. The subject property is surrounded on three sides by public
streets. The remaining side is adjacent to a single-family residence and a vacant
single-family zoned lot.
~
This expansion will bring more cars and people to this church, and therefore, will
generate more noise than the existing church.
Summary conclusion (Findings):
The proposed church expansion will have very little negative effect on
neighboring properties in relation to noise, glare, economics or odor. Staff has
stipulated that a 15 foot wide type "B" landscape buffer shall be provided
between the expanded area and the single family lot to the east, and a 10 foot
wide landscape buffer shall be provided along Pago Pago Drive.
d. Compatibility with adjacent properties and other property in the district.
~
Adjacent properties contain single family residential dwellings. Churches are
usually considered compatible uses in residential areas.
~ None.
Summary Conclusion (Findings):
The proposed use is considered compatible with the existing residential land
uses surrounding this site.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition CU 99-24 to the BCC with a
recommendation for conditional approval subject to staff stipulations listed in the
resolution of approval.
-4-
r-rGOOA ITEM
I No.lre
I NOV 0 9 1999
i
! Pi. ~
;l.,.~
PREPARED BY:
~ IV' bckJdb L-\
CHAHRAM BADAMTCHIAN, Ph.D., AICP
PRINCIPAL PLANNER
RONA~ . NINO, AICP, MANAGER
CURRENT PLANNING SECTION
~
ROBERT J. MULHERE, AICP, DIRECTOR
PLANNING SERVICES DEPARTMENT
APPW;Yd. ~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Staff Report for the October 21, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
&;/4d.-I/
MIC~4ACL J. BRUET, CHAIRMAN
-5-
1~/(1t:}1
DATE
\O\Ob' qC;
DATE
/(/-7 --/;7
DATE "
/cYg' 9q
DATE
AGENDA ITEM
Mo. /~C
NOV 0 9 1999
Pi. q
.-
RESOLUTION 99-_
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH EXPANSION CONDmONAL USE "2"
IN THE "RSF-4" ZONING DISTRICf PURSUANT TO
SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 32, TOWNSHlP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida. and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish. coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Developmeot Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "2" of
Section 2.2.4.3 in an RSF-4 Zone for the Capri Christian Church expansion on the property
hereinafter described, and has found as a matter of fact (Exhibit" A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning
Commission; and
WHEREAS, all 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 Jeny Neal of Purse Associates, Inc. representing Capri Christian Church.
Inc., with respect to the property hereinafter described as:
Lots 424, 425, 426 and 427, Isle of Capri No.2, as recorded in
Plat Book 3, Page 46, Official Records of Collier County.
~
_.
.. be and the SlIIDe is hereby approved for CcmditiooaJ Use '"2" of Section 2.2.4.3 ofb "'RSF-4"
Zoning District for a church expansion in accordance with the Conceptual Muter Plan (Exhibit "B")
and subject to the following conditions:
AGENDA ITEM
No. /7 e-
NDV 0 9 1999
-1-
Pi- /~
-.~. ~'.
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion. second and majority vote.
Done this
day of
.1999.
BOARD OF ZONING APPEALS
COLLIER COUNfY, FLORIDA
BY:
PAMELA S. MACKIE, Chairwoman
AITEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
MlUjorie M. Student
Assistant County Attorney
IlCU.99-24 RESOLlJTlONICBIta
AGENDA ITEM
t+O.Jfc
NOV 0 9 iS99
Pi. II
-2-
. r.._
.."""'- ,.,. '-..~.....~~":
FINDING OF FACT
Bc.T
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-24
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management PI~ No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequat~ & egress
~NO
C. Affects neighboring properties in relation to noise,
~~9mic or odor effects:
,~ No~ect or Affect mitigated by
-- Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us e(Wtt !1i".t1\ district
Y~--="'~L No
Based on the above findings, this conditional use should, with
stipulations, .~~~~ttached) (should not) be recommended for
approval /f1??Dte . /) !. ( J1/J
DATE: 1,!z/!:79 CHAIRMAN: ~HJ ~LiL1"
I t
f/FINDING OF FACT CHAIRMAN/
AGENDA ITEM
No. /7 G
NOV 0 9 1999
Pi. I,}.
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-24
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management)(an:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress ~ress
Yes~ No
C. Affects neighboring properties in relation to noise,
;Lre, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D.
Compatibility with adjacent properties and other
property in the district:
Compatible _~ within district
Ye~ No
above findings, this conditional use should, with
co ~ ttached) (should not) be recommended for
Based on the
stipulatio
approval
DATE: ,
f/FINDING OF FACT MEMBER/
AGENDA ITEM
No. /1 c
NOV 0 9 1999
PI. ;<.:J
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-24
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management PI~:
Yes V No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: :#e
Adequate ingress & ress
Yes No
C. Affects ghboring properties in relation to noise,
economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district.
Compatible u;;~;~n district
Yes ~ No
Based on the above findings, this conditional
stipulations, (copy attached) (Qh~l.a l.~ be
approvapc ~;
DATE: JJ It~
/
ld, with
ded for
f/FINDING OF FACT MEMBER/
AGENDA ITEM
No.1?' G
NOY 0 9 1999
Pg. /r
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-24
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes 1,.// No
C. Affects neighboring properties in relation to noise,
glar~ economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes V No
Based on the above findings, this condiJiO al use should
stipulations, (c~~y attached) (should not) be recommend. e
approval ~f')'n.) ~ J /
DATE: (O--ZJ -! qqq MEMBER: r U
with
for
f/FINDING OF FACT MEMBER/
AGENDA ITL
No. /7C-
NOV 0 9 1999
Pi. /5'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-24
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes t/' No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes i/"' No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
v/ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes V No
Based on the above findings, t~' ditional use should, with
stipulations, (copy attached) shoul ot) be recommended for
approval . ~
DATE: /0 -')./- '(1_ MEMBER: tI~
~
f/FINDING OF FACT MEMBER/
AGENDA ITEM
No. /7 c...
NOV 0 9 1999
Pi. /k
.
f/FINDING OF FACT MEMBER/
.,- . -" - ~
MEMBER:
H)J2t I f1
I I
DATE:
Based on the above findingS~itional use should, with
stipulations, (copy attache shoul ~ be recommended for
approval .
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ____No
C. Affects neighboring properties in relation to noise,
glare,yeonomic or odor effects:
~o affect or Affect mitigated by
Affect cannot be mitigated
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~o
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes V'"" No
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
CU-99-24
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
/,/ old
S6m 6 0 AON
? ~/ 'ON
roll VON3VV
-
f/FINDING OF FACT MEMBER/
Based on the above findings, thisconqitional use should, with
stipulations, (copy attached) (should/not) be recommended for
approval . \ I \/.-.,
DATE, /<: .t.'17 MEMBER, /<" [\L~lLl
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
hs V ~
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes V No
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes 'v' No
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
The following facts are found:
1. Section 2.2.4.3 of the Land Development Code authorized
the conditional use.
CU-99 -.2A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Y'Jd
SSSl 6 0 AON
? j,/ "ON
WllI vQN39V
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~GENoA ITEM
~. /?C,
~
~~. _. _~.,= ":~~~1!&..Ja.~- '._ ~L 1~..~;~:' ~~;..:~~ iii
EXHIBIT "B"
NOV 09 1999
PI. /9
CONomONS OF APPROVAL
CU-98-26
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission in their public hearing on October 21, 1999.
Planning Services:
a. The Current Planning Manager may approve minor changes in the
location, siting, or height of buildings, strudures, 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, inctuding Division 3.3,
Site Development Plan Review and approval, of the Collier County Land
Development Code, Ordinance (91-102).
b. A Site Development Plan (SOP) must be applied for and approved by the
Development Services staff prior to any expansion of the existing church.
c. A 15-foot wide type "B" landscape buffer shall be provided between the
church property and the residential lot No. 428.
d. A 10-foot wide type .0" landscape buffer shall be provided along pago
Pago Drive.
-
EXHIBIT .C.
.~
AGEND)l.ITEM
No. /?c
-
NOV 0 9 1999
Pi. rfJO
COLLIER COUNTY
APPLICATION FOR CONDITIONAL
USE REQUESTS
ru~p ,. l"":!nn n~! .
n I t~\! LL~LL.LLJ,!;
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DATE RE ...r5"c:fCSrrUi:~:'> J
PETITION NO.
CU 99-24 '
PLANNER:{JjiA~lAftl ~A1A,~M AA/
COORDINATING
------------------------
-----------------------------------------------------------------------
APPLICANT NAME (AGENT):
APPLI CANT ADDRESS: 4-{l.50
j ev-t''j N ec:L\ PHONE: 9~/. 71f-8' 2100
BOPJi-!w.. 5uc.." l2d'J un;l" 6~t1;~" St"'~ s / FI 311-/3'1-
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS.:
C f" P ({ / C 1 tf{ , fT I I\JJ c HtJ(}:. I-I I f\1C
) ,
PHONE:
tt(2' G1--33
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION:
32.
TOWNSHIP:
51 ~ou+k
RANGE: 2(0 E.A..~+
J..,,/-s- ~ 2'+, lf25J 'l-2(e,J 4nel ~Z7
I -sIt!.. 6 f. CA.~"'~ 1/0. Z
PROPERTY 1.0. #:
SIZE OF PROPERTY: /10 FT. X 2 5/# '9 FT. ACRES: 0," ~ If€!>
GENERAL LOCATION AND ADDRESS OF SUBJECT'- PROPERTY: SO\.) "'"'-" ~40S +-
c;...OYney of ca.Py... 'B \vd. Cl~J 170..70 "Po.,o by\V~
ZONING OF SUBJECT PROPERTY: ~ ::> r EXI STING LAND USE: V ~<:. (1.. V\ 1-
TYPE OF CONDITIONAL USE REQUESTED:
C '" U. Y' c::.. h
ADJACENT ZONING AND LAND USE:
N gSF
s R'SF
E RSf"
w Res ~
s; V'l~ 1 e
S\~'P~
S,vt,Je..
S '\~11 e
LAND USE
--
+- a. t'i',', \ Y
'Fo..rn\\y
~A~.', \y
Fa n-'\~ \ Y
ZONING .
-1-
AGENOA ITEM
No. /7' c-
NOV 0 9 1999
PI. ~
NOTE:
staff reoQmmendation to the Planninq Commission and the
Planninq Commission reoommendation to the Board of Zoninq
Appeals shall be based upon the followinq oriteria. Please
respond to the followinq oriteria:
1. Is this request consistent with the Land Development Code and
Growth Management Plan? \J es
7 J.
The. V"4a+'-< L:50+ \~ CO" 'f1~~+ W,:J.h +he '-.D.c.~. 4MZ
2. 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:
The.. 11'1'} r-e5S a.t\J. e..,v-ess U/J// b(f1, fYDn? -1-"1/0
S-\-Yce..+S'. (\) ~,Q 'PCt.~ytve And(Z) )/t::Vo :>+reef:
3. The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic and odor effect.
The.. C~\A-rc..l." w\ \\ n4Ve. ")10 a.dye~se.. e r.r~c:..+ ~?\
ne..i~or;Y\~Yo? eY"+ie-:.. This re.ltles-f I~ ..Po.,
~'" eXp4t1'5\OY\ +0 t:\')\ eXls-\-;t\, C.huv'c...h.
Compatibility with adjacent properties and other properties in the
district.
4.
.~..
Chu.Y"'c..h \~ ~ COJ101p4.-\-~\oIe. u.~~ W',-\-\., a.d~a.c..el"\+
-rvopc:V"+-;e.s. Th/s ye ,ue:rf 's ~.,. ex p4.n si",.,
~+hc.. ex i 5+~n~ c.. ht..\.Yc..h. o~-I-o ~-i$ ~2tf f.},YI/ 'l-Z7.
c::-- 22- ~/
AGENT
DATE
AGENDA ITEM
No. /7 c..
,
-2-
NOV 0 9 1999
PI. 4~
*If petitioner is a corporation other than a. public corporation, so
indcate and name officers and major stockholders.
* If petitioner is a land trust,
beneficiaries.
so indicate and name name
* If petitioner is a partnership, limited partnership or other
business entity, so indicate and name principals.
* If petitioner is a lesee, 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 owners name and address.
..~
~GENDA ITEM
No.//, c..
NOY 0 9 1999
-)-
PI.~~
AFFIDAvr~
I, !lIe J-/It n.9 ;-1 9c/ f)UO~E- being duly sworn, depose and
say that I am the owner of the property described herein and which is
the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and made a part of this-'application,
are honest and true to the best of my knowledge and belief. I
understand this application must be completed and accurat~/before a
hearing can be advertised. I further permit jevV"v Neo....\
(AG~NT' S NAtlE).
to act as my representative in any matters regarding this petition.
~ji~
SIGNATURE ~F NE
state of Florida
County of Collier
this
who is
as
I-"""~ JUDY PLISHKA
PM MY COMMISSION II CC 739517
~io....., EXPIRES: OS/16f2002
". Of,,""
1-800-3.NOTARY PIL NOW)' Services It. Bondina Co,
~c)
NOTARY PUBLIC
Commission #
My Commission Expires:
AGENo')A ITEM
NO.;?C-.
NOV 0 9 1999
PI. ~tf.
-1-
state of Florida
County of Collier
he forego'ng Agreement Sheet was aTknowled9~d b~fore
da , 19 9 ~ by 'sJ:f V-y Y fiLe C<..-t-.
e onally known to me or who produced ",h
1den 1 1cat1on and who did t) take an oath.
\
me this
, who is
as
...~11'/1,*, JUDY PLlSHKA
"IWJ MY COMMISSION # CC 739577
~ EXPIRES: 05/16f2002
~It or ,..tf ".. 111011I')' ServiW & Bondinl. Co
'.IOO-2.NOT"~Y
lic)
NOTARY PUBLIC
Commission #
My Commission Expires:
. . ..,
.~-~
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AGENDA ITEM
No. /j'c,
NOV 0 9 1999
Pi. ;J. 7
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EXECUTIVE SUMMARY
PETITION V-99-17, ANA L. ALEMAN, REPRESENTING IRAIS AND NANCY PANDO,
REQUESTING AN AFTER-THE-FACT VARIANCE OF 5 FEET FROM THE REQUIRED
SIDE YARD SETBACK OF 30 FEET TO 25 FEET FOR PROPERTY LOCATED AT
4860 SYCAMORE DRIVE, FURTHER DESCRIBED AS THE EAST HALF OF TRACT
120, UNIT 34, GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests a 5 foot after-the-fact variance from the required 30-foot side
yard setback for a principal structure, along the east property line to allow the structure
to remain in its current location.
CONSIDERATIONS:
The petitioner wishes to allow a single family home under construction to remain on the
subject property.
--
The petitioner submitted an application for a building permit indicating the correct
building setbacks. The slab was apparently poured in the incorrect location (25 feet
from the eastern property line). This type of error is usually discovered when the 10-day
spot survey is required. A spot survey was not submitted, however, inspections were
scheduled and passed. The error was discovered at the submittal of the final survey.
The structure has been issued a temporary Certificate of Occupancy until the outcome
of this request is determined.
One statement of no objection was received.
FISCAL IMPACT:
Since the subject property is a platted lot with infrastructure to support a single family
home, approval of this petition would have no additional fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
Since the use of the lot is single family residential and within the parameters of the
Density Rating System, the use of the property proposed for the variance is consistent
with the Future Land Use Element of the Collier County Growth Management Plan.
.-
AGENDA ITEM
No. /?JJ
.
NOV 0 9 1999
Pg. /
-
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 21, 1999. At
the hearing, the Commissioners decided that the remaining 25-foot side yard was an
ameliorating factor. Bya unanimous vote, the CCPC forwarded Petition V-99-17 to the
Board of Zoning Appeals with a recommendation of approval.
PREPARED BY:
--
~
/0. ,:;1../. )' 9
DATE
R NALD F. NIN ,AICP
CURRENT PLANNING MANAGER
--1o-~. q (;(
DATE
R~MULHER~
PLANNING SERVICES DIRECTOR
-----
It:> -2r-1' j
DATE
~ /~l/97
VINCENT A. AUTERO, AICP DATE ~
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summaryN-99-17
--
AGENDA IT'EM
No./7D
NO'J 0 9 1999
PI. ctl
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: SEPTEMBER 21, 1999
SUBJECT: PETITION V-99-17
-----------------------------------------------------------------
AGENT/APPLICANT:
Owner:
Irais & Nancy Pando
1 Waverly Place
Palm Coast, FL
AGENT:
Ana L. Aleman
4860 Sycamore Drive
Naples. FL 34119
REQUESTED ACTION:
The petitioner requests a 5 foot after-the-fact variance from the required 30 foot side
yard setback for a principal structure, along the east property line to allow the structure
to remain in its current location.
AGENDA ITEM
No. /7 J)
NOV 0 9 1999
PI. .$
GEOGRAPHIC LOCATION:
The subject property is the east one-half of Tract 120, Golden Gate Estates, Unit 34,
located at 4890 Sycamore Drive.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to allow a single family home to remain in its current location on
the subject property.
The petitioner submitted an application for a building permit indicating the correct
building setbacks. The slab was apparently poured in the incorrect location (25 feet
from the eastern property line). This type of error is usually discovered when the 10-day
spot survey is required. A spot survey was not submitted, however, inspections were
scheduled and passed. The error was discovered at the submittal of the final survey.
The structure has been issued a temporary Certificate of Occupancy until the outcome
of this request is determined.
SURROUNDING LAND USE AND ZONING:
Subject:
Single family house; zoned E
Surrounding: North -
East -
South -
West -
Sycamore Drive ROW
Undeveloped tract; zoned E
Pine Ridge Road ROW
Single family house; zoned E
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
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
No. /7l>
NOY 0 9 1999
PI. f'
2
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
No. The subject improvements could have been configured to fit on the property
with the required setbacks and the site plan submitted with the application
indicated that the proposed structure would meet required setbacks.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
No. However, inspections were scheduled and construction continued, despite
the fact that no spot survey had been submitted or approved.
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
There is no land-related hardship. However, inspections were scheduled and
construction continued, despite the fact that no spot survey had been submitted or
approved. Denial of this variance would cause financial hardship to the Petitioner.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
Yes. The structure is existing and therefore this request would be the minimum
variance required.
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller side yard than would
be permitted for a similar lot in the E zoning district.
3
AGENDA ITEM
No../7.b
NOV 0 9 1999
pg./
-
f. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LOC. However,
approval of this request will not be detrimental to the public welfare. Approval will
be injurious to the neighborhood only aesthetically.
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
Yes. The house is over 25 feet from the eastern property line and the lot to the
east is currently undeveloped.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
-
STAFF RECOMMENDATION:
Because inspections were scheduled and passed, despite the fact that no spot survey
was submitted, staff recommends that the CCPC forward Petition V-99-17 to the BZA
with a recommendation for approval.
--
4
AGENDA ITEM
No. /.?.l:>
NOV 0 9 1999
Pi. h
PREPARED BY:
9.01/.97
DATE
FR ISCHL, SENIOR PLANNER
CURRENT PLANNING
q. ~~ .'1'1
DATE
.R~CP
PLANNING SERVICES DIRECTOR
,~ I) 11'
DATE
APPRrtry:
~ t/- d
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
q -~ 3 -9''('
Petition Number. V-99-17
Staff report for the October 21,1999 CCPC meeting.
Collier County Planning Commission:
flJ -I-1J1
Y1CHACL J. BRUCT, CHAIRMAN
5
,~......~~...irP: x,., ,c': ~-,~''''_-~1:--:'"f--",-, .-,
h,~~".::~_~~~~'i:m,i..-,.-"-
':"...' ~'''::-' -~ ,...- -- -..-- . .......
AGENDA ITEM
No. /7.1)
NOV 0 9 1999
PI. ~
.
.-
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZO~IVED
.-v
9 9 I 7 ......
JUL 2 1. 1999
Petition No.
Date Petition Received:
Commission District:
3
PI..MtINQ SERVICES
Planner Assigned: he e:1;> Pels CI-I L
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitiooer's Name: ~R.#/'s 'it J}llPeEj -jJ~i)
Petitioner's Address: 1 ({Jilt,! &; /yo ;P../_" ,
Ifl1rn(!O(lS~1 p j TelephoneWf- $-;;;0:2;
,;( I /l-/e ff) IW
.
S';f1~()/?8:- ,~
Telephone: 9//-- 3~ -<Jr 3Y
D~
91/ 3S d-- - ?.277
Agent's Name: ,/1/1/ /J
Agent's Address: 18 r;iJ
;{) IJf j/J r;: I po{ ,
-
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
AGENDA ITEM
No. /~.2>
NOV 0 9 1999
Pg. ?
Application for Variance Petition - 8/98
Pale 1 of 8
Complete the following for all Association(s) affiliated with this petition. (provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: c7c UklJ 6, IfTe P;; liJJJtr;11- Lot (s)
Section Twp. Range Property 1.0. #
Block (s) /:<. (~
Metes & Bounds Description:
AGENDA ITEM
No. /7~
NOV 0 9 1999
Pg. cr
Application for Variance Petition - 8/98
Page 2 of8
-
Address of Subject Property: 98?J SJ~ Ih I h~
(If different from Petitioner's address) I
P-c?/7YJ .
p
~
,
~~ -P-4
Current Zoning and Land use of Subject Parcel:
Adjacent Zoning & Land Use:
ZONING
LAND USE
-
N (20 Ij)
S J2.~O cD
w e
E 6
(;y(lji-mOfUf (~-
f'-I\J 8' ICtd ")C" '? sl -
5', U J J e / {' p-m. H 0 uS eT
\)A-G-FHV\ L(t1\Jd.
Minimum Yard Requirements for Subject Property:
Front:
75'
Comer Lot:
Yes 0
No !Et
--:2 D I
Side: J
Waterfront Lot:
Yes 0
No ~
Rear:
,....-......
AGENDA ITEM
No. ./.7D
NOV 0 9 1999
Application for Variance Petition - 8/98
Page 3 of 8
p,. / tJ
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.
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AGENDA ITEM
Application for Variance Petition - 8/98
Page 4 0 8
NOV 0 9 1999
PI. /J
- 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 shan 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.
i1)U
,
2. 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.
AJO
3. Will a literal interpretation of the provisions oflhis zoning code work unnecessary and undue
hardship on the applicant or create practical di.ffirnlries on the applicant.
~~')71;re~i// /3c ft )~TiJ/flltl~>(!/~1
4. 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.
yp'S,
AGENDA ITEM
No. /72)
NOV 0 9 1999
Application for Variance Petition - S/9S
Page 5 ors
PI. /~
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or sttuctures in the same zoning district
/Vi)
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
ye~
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.
A)[)
,
8. Will granting the variance be consistent with the growth management plan.
Y6.
AGENDA ITEM
No. /7/J
NOV 0 9 1999
Application for Variance Petition - 8/98
Page 6 of 8
Pi.
L!
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RESOLUTION NO. 99-_
RELATING TO PETITION NUMBER V-99-l7,
FOR AN AFTER- THE-FACT 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 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 Devclopment Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 5-foot after-the-fact variance from the
required side yard of 30 feet to 25 feet as shown on the attached plot plan, Exhibit" A", in an
E Zone for the property hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 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 RESOL YED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-17 filed by Ana L. Aleman, representing Irais and Nancy Pando,
with respect to the property hereinafter described as:
The East Yz of Tract 120, Golden Gate Estates, Unit No. 34, as recorded in Plat
Book 7, Page 23 of the Public Records of Collier County, Florida.
be and the same hereby is approved for a 5-foot after-the-fact variance from the required side
yard of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", of the E Zoning
District wherein said property is located, subject to the following conditions:
1. This variance is for the encroachment shown in Exhibit "An only. Any other
encroachment shall require a separate variance.
2. In the case of the destruction of the encroaching structure, for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost ofthc
structure at the time of its destruction, any reconstruction shall co
provisions of the Land Development Code in effect at the time of
A ITEM
~ /7.D
-
-1-
NOV 0 9 1999
Pg. A?
--
,.-
-
BE IT RESOLVED that this Resolution relating to Petition Number V-99.17 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
.1999.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to Form and Legal Sufficiency:
~.~JJdOAJ.
M'S. Scuderi
Assistant County Attorney
g!V -99-17 RESOLUTJONlFRlim
-2-
AGENDA ITEM
No. /7.L:>
NOV 0 9 1999
PI. /6
..
99 1'7IM
ff
..
...
...
165.00' (P ...!.. ..)
SYCAMORE DRIVE 60. ROAD EASEMENT
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245. PI/IDE. 15
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TRACT 121
RE MAINOE R OF TRACT 120
OOlDEN GAlE ESTAlES.
UNIT NO. .34
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"THE EAST
TRACT 120.
UNT NO. J4
(VACANT)
GROUND El.- 99.5'
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AGENDA ITEM
No. /7h
NOV 0 9 1999
PI- (,(
I/!$,
,:'~~ ;-,..:~~~~..
EXHIBIT "l\"
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EXECUTIVE SUMMARY
PETITION V-99-18, JIM TITSCH, OF TITSCH & ASSOCIATES ARCHITECTS,
REPRESENTING FREELAND & SCHUH, INC., REQUESTING A 10-FOOT FRONT
YARD VARIANCE TO 15 FEET FROM THE REQUIRED 25-FOOT FRONT YARD
SETBACK FOR PROPERTY LOCATED AT 1229 AIRPORT-PULLING ROAD,
KNOWN AS FREELAND NISSAN AUTOMOTIVE DEALERSHIP IN SECTION 36,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests a 10-foot variance from the required 25 foot front yard setback
for a principal structure, along the south property line to allow for the renovation of an
existing building.
CONSIDERATIONS:
..---
An existing structure on the property does not meet the current front yard setback. The
petitioner wishes to renovate the entire site, including engineering, landscaping and
architecture. According to the petitioner's plan, the existing non-conforming building will
be brought up to current architectural standards, which will include small additional
encroachments into the front yard along Progress Avenue.
FISCAL IMPACT:
Since the subject property is a parcel with existing infrastructure, approval of this petition
would have no additional fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
Since the use of the lot will remain the same and is consistent with the underlying
zoning, the use of the property proposed for the variance is consistent with the Future
Land Use Element of the Collier County Growth Management Plan.
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.
~,-
N~~E1rT}t!
NOV 0 9 1999
Pg.
/
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission reviewed this petition on October 21, 1999. At
the hearing, the Commissioners decided that the extensive renovation of the site would
ameliorate the effects of the encroachment. By a unanimous vote, the CCPC forwarded
Petition V-99-18 to the Board of Zoning Appeals with a recommendation of approval.
PREPARED BY:
SCHL, SENIOR PLANNER
PLANNING
fO'd-I. 9 7
DATE
I 0';).2 q q
DATE
~ MULHERE, AICP
PLANNING SERVICES DIRECTOR
10 ' "')'- ",
DATE
A9?J!:6ED BY: /J
I . A- ~ /i~ A;
VINCENT A. CAUTERO, AICP DA E (
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summaryN-99-18
AGENDA ITEM
No./7 ~
NOV 0 9 1999
PI. ~
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: SEPTEMBER 21,1999
SUBJECT: PETITION V-99-18
AGENT/APPLICANT:
Owner:
Freeland & Schuh, Inc.
13880 South Tamiami Trail
Fort Myers, FL 33907
AGENT:
Jim Titsch
1930 Park Meadows Drive
Fort Myers, FL 33907
REQUESTED ACTION:
The petitioner requests a 10-foot variance from the required 25 foot front yard setback
for a principal structure, along the south property line to allow for the renovation of an
existing building.
GEOGRAPHIC LOCATION:
The subject property is located at the northeast corner of the intersection of Progress
Avenue and Airport Pulling Road North and is addressed as 1229 Airport Pulling Road.
"GENOA ITEM
No./1k
NOV 0 9 1999
PI. ...3
PURPOSE/DESCRIPTION OF PROJECT:
An existing structure on the property does not meet the current front yard setback. The
petitioner wishes to renovate the entire site, including engineering, landscaping and
architecture. According to the petitioner's plan, the existing non-conforming building will
be brought up to current architectural standards, which will include small additional
encroachments into the front yard along Progress Avenue.
SURROUNDING LAND USE AND ZONING:
Subject:
Naples Nissan: zoned C-5
Surrounding: North -
East -
South -
West -
Existing building; zoned C-5
Existing building; zoned I
Progress Avenue ROW
Airport Pulling Road North (CR-31) ROW
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.
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:
2
AGENDA ITEM
No. /7J;
NOV 0 9 lS99
Pi. /f
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
Yes. The property is currently developed and is being used as Naples Nissan.
The proposed renovation plan allows the existing building to remain and be
brought up to current architectural guidelines to the greatest extent possible.
Since the existing building encroaches into the front yard setback, and there are
architectural additions proposed, the petitioner requests this variance.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
Yes. The building is existing. The petitioner wishes to bring the site into
conformance with today's codes to the greatest extent possible.
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
No. The auto dealership currently exists on the site. However, in order to
upgrade the site, the petitioner wishes to keep the encroaching building and
therefore requests a variance.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
A reasonable use of the land currently exists as Naples Nissan. However, in order
to upgrade the site, the petitioner wishes to keep the encroaching building and
therefore requests a variance.
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller front yard than would
be permitted for a similar lot in the C-5 zoning. However, the site will be renovated
if the variance is approved.
AGENDA ITEM
No./;7E
NOV 0 9 1999
Pi. -5'
3
f. Will granting the variance be in harmony with tl.e general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However,
approval of this request will result in the upgrading of the site, which will improve
the neighborhood aesthetically.
g. Are there natural conditions or physically Induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
No. However, the site will be required to meet landscape requirements at the time
of Site Development Plan approval.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Because the building currently exists and will be brought up to current code
architecturally, staff recommends that the CCPC forward Petition V-99-18 to the BZA
with a recommendation for approval.
AGENDA ITEM
No. /7 E
NOV 0 S 1S99
PI. i
4
PREPARED BY:
/0.//.95
DATE
\ b' l \. 9 r
DATE
-' C. t\. c,r
DATE
OBERT J. M HERE, AICP
LANNING SERVICES DIRECTOR
L-
/d/fl/-t::j ,
V CENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: V-99-18
Collier County Planning Commission:
LJ/d,J/
RUSSELL A. BUDD, CHAIRMAN
5
AGENDA 11th.
No.//, E
NOV 0 9 1999
PI. f'
-
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR zoREC-ElVED
AUG 3 - 1999
Petition No.
V 99
18 ~
Date Petition Received:
PlNHNG SERVICES
Commission District: -3
Planner Assigned:
fk~ ;(EI sC+lL
ABOVE TO BE COMPLETED BY STAFF
,-
GENERAL INFORMATION:
Petitioner's Name: FREELAND & SCHUH, INC.
Petitioner's Address: 13880 S. TAMIAMI TRAIL
FORT MYERS, FLORIDA 33907
Telephone:
433-8346
Agent's Name:
JIM TITSCH
Agent's Address:
1930 PARK MEADOWS DRIVE
FORT MYERS, FLORIDA 33907
Telephone: (941) 936-4875
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
AGENDA ~
No./~
NOV 0 9 1999
Pg. &'
Application for Variance Petition - 8/98
Page 1 of
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: NAJ?L-ES P~ODUCTION' Unit
PMK
Lot (5)
Block (s)
Section
36
Twp. 495
Range 25E Property I.D. #
Metes & Bounds Description:
THE tIORTH 209.05 F'tET Of' THE SOUTH 32'.3 FEET OF THE "EST 35'.3 FEET OF THE
NORTH 65'.6 FEET OF THE SOUTH 2005.' FEET OF THE "EST ONE-HALF Of' THE WEST
ONE-HAl~ OF THE NORTHWEST CINE-QUARTER OF SECTION 3'. TOWNSHIP" SOUTH. RAHCE
25 EAST. tolL I ER COlMTY. FlOR I DA. EXCEPT THE "EST so FEET RESERVED FOR ROAD
RICHT-o,...V.
TOCETHER .WITH-
AGENDA ITEM
THE SOUTH 120.25 FEET OF THE WEST 350\.3 FEET OF THE NORTH 6 . 6 FEET OF THE SOUTH
2005.' FEET OF THE "EST HALF OF THE WEST HALF OF THE NORTHWE T 0UAIIRfR ~JIlN
36. TOWNSHIP It, SOUTH. RANCE 25 EAST. COlliER COUNTY. FlORID. "7
, -" _. - .
NOV 0 9 1999
Application for Variance Petition - 8/98
Page % oca
Pg. q
"-
Address of Subject Property: 1229 AIRPORT PULLING ROAD
(If different from Petitioner's address)
Current Zoning and Land use of Subject Parcel:
C-5 AUTOMOTIVE DEALERSHIP
Adjacent Zoning & Land Use:
ZONING
LAND USE
N
C-5
S
C-5
w
C-5
E
C-5
Minimum Yard Requirements for Subject Property:
Front: 50
Comer Lot: Yes I[l No 0
Side:
40
Waterfront Lot:
Yes 0
No lil
Rear:
40
-
AGENDA ITEM
No. /7 ~
NOV 0 9 1999
Application for Variance Petition - 8/98
Page 3 of
Pg"_ /t1
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
2S' 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.
THE CURRENT SITE CONTAINS TWO SINGLE STORY STRUCTURES, ~UTOMOBILE
DEALERSHIP AND AUTOMOTIVE REPAIR. THE STRUCTURE TO THE SOUTH IS
SETBACK 50 FEET FROM AIRPORT PULLING ROAD (FRONT YARD SETBACK)
AND 20. 4 FEET FROM PROGRESS AVENUE (FRONT Y1\RD SETBACK) l\. PROPOSED
RENOVATION TO THE SOUTH BUILDING,MEETING COLLIER COUNTY'S
ARCHITECTURAL REVIEW, WII.L ENCROACH THE AIRPORT PULLING ROAD FRO~lT
YARD SETBACK BY 6 FEET AND THE PROGRESS AVENUE FRONT YARD SETBACK
BY 35 FEET. THE STRUCTURES WERE ERECTED PRIOR TO THE CURRENT
COLLIER COUNTY LAND DEVELOPMENT CODE.
AGENDA ITEM
NOV 0 9 lS99
Application for Vartance Petition - 8/98
Page 4 0 8
Pg. //
.- 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.
YES, EXISTING STRUCTURE DOES NOT MEET COLLIER COUNTY
ARCHITECTURAL STANDARDS. MEETING SAID STANDARDS INVOLVES
WORK IN BUILDING SETBACKS
2. 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, EXISTING BUILDING LIES 29.4 FEET INTO THE PROGRESS
AVENUE SETBACK.
.-
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
NO
4. 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 ofhealth, safety or welfare.
YES
.-
AGENO~ 1'!Yd
No. 17& '
NOV 0 9 1999
Application for Vanance Petition - 8/98
Page 5 of8
Pi. /02
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
, these zoning regulations to other lands, buildings, or structures in the same zoning district.
NO
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
YES
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.
NO
8. Will granting the variance be consistent with the growth management plan.
YES
Application for Variance Petition - 8/98
Page 6 of
AGENDA ITEM
No. / J'F
NOV 0 9 1899
Pg. x..7
APPLlCATION SUB~TTAL CHECKLIST
Tms COMPLETED CHECKLIST IS TO BE SUBMITIED 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 foDowing: 15
a) All property boundaries & dimensions
b) All existing and proposed structures Oabeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1
reference
7. Application fee, checks shaD be made payable to -
Collier County Board of Commissioners
8. Other Requirements - -
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of processing of this petition.
~- ~ f ~
Applicant! Agent Signature
~
Date
AGENDA ITEM
No. /7E
.NOV 0 9 1999
Pi. /1""
Application Cor Variance Petition - 8/98
Page 70CS
AFFIDA JIlT
We//, &c....vu--v-J G. frt -c.-W being first duly sworn, depose and say that well
am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief
Well understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner Well further authorize
as our/my representative in any matters regarding this Petition.
Jt~ Tr-!;'c.r+
to act
g~
Signaturi of Property Owner
Signature of Property Owner
_~~~~ 6- ~c.JJ (U>
Typed or Printed Name of Own~r
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this ~ g day of ~
19!tJ.., by ~gjY\ -::r-ud ~ ~ who is personally known to me or has J;odJCid
as identification.
. JUDITH HALL
" '\ ;~y Comm Exp. '7/12/2000
l(, ..':; /No CCI582308
~~~f.!IPerSOna1l1KnOWfl (IOther r f'
lorida
County of Collier
~-;JtuJ
(Signature of Notary Public - State of
Florida) - ':"tla
vuufTH H '
All . ~"'.'''A ITEM
(print, Type, or Stamp Com nissjsjpetf/? E
Name of Notary Public)
NCV 0 9 1S99
Page 80(8
-
Pg. A5
AppUcation (or Variance Petition - 8/98
--
RESOLUTION NO. 99-_
RELATING TO PETITION NUMBER V -99-18,
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 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 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 bearing after notice as in said regulations made and
provided. and has considered the advisability of a IO-foot variance from the required front
yard setback of 25 feet to 15 feet as shown on the attached plot plan. Exhibit. A ", in a "C-5"
Heavy Commercial Zoning Disnict for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 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-99-18 tiled by Jim Titsch of Titsch and Associates, Architects.
representing Freeland and Schuh. Inc., with rapcct to the property hereinafter described as:
The north 209.05 feet of the south 329.3 feet of the west 354.3 feet of the
north 658.6 feet of the south 2005.8 feet of the west one-half of the west one-
half of the northwest one-quarter of Section 36. Township 49 South, Range 25
East., Conier County, Florida; except the west 50 feet reserved for road right-
of-way.
Together with;t
The south 120.25 feet of the west 354.3 feet of the north 658.6 feet of the south
2005.8 feet of the west half of the west half of the northwest quarter of Section
36. Township 49 South, Range 25 East. Collier County, Florida.
AGENDA !~
No. /7 J:;.
NOV 0 9 1999
Pi. /6
-
/'
-1-
'.
..
.......~~_.-; ....:....~;,...-1........... ,~__-~__' ~. ,_~~.~.. "~~.....<:. .i:r_.::.,::e';"
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. ~. '<<2.... .,;,:,.''';.-. -.;.,. '.',,~-J . -.~7'-.""'-~ ,}.. "
'2- _...~-----<-.~
be and the same hereby is approved for a 10-foot variance from the required front yard
setback of 2S feet to 15 feet as shown on the attached plot Pian. Exhibit "A", of the
"C-S" Heavy Commercial Zoning District wherein said property is located. subject to
the following conditions:
1. This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
2. In the case of the destruction of the encroaching structure, for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of its destruction. any reconstJUction sbaII conform to the
provisions of the Land Development Code in effect at the time of reconstruction.
BE IT RESOLVED that this Resolution relating to Petition Nmnber V -99-18 be
recorded in the minutes of this Board.
This Resolution adopted after motion. secood and majority vote.
Done this
day of
,1999.
AITEST:
DWIGHT E. BROCK. Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to Form and Legal Sufficiency:
~/rA Id ~('jj dJ J.:
M ' S. Scuderi
Assistant County Attorney
IfV -99-11 RESOLlTT1ONlFR/im
-2-
AGENOA ITEM
No.J 7
NOV 0 9 1S99
//
Pg.
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9-22-1999 1: 16PM
FRD4 TITSCH ARa-iITECTS 941 275 4151
P.3
.
5: \CAD\98032-NISSAN\archreview\revAt-SITEPl.4N.dwg IIled Sep 22 13: 11: 35 1999 JIH'S COt4PUTER
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AGENDA ITEM
No. /7E
NOV 0 9 1299
PI. /~
_ .~:'-;::,~=.~=-=-~.w - ~,;-li.} ;i7~ ~ ~~'2-.~I'~~~_~ io..~,.~i.-~~~~~::~ ,~.:..~ -~rr-'--:-"'-" . .o.:.;.~. - ,-,;",_i ;-. ~- ~~ . --'~' ',:,-~.",
EXHIBIT "A-
--j
- -. JI... -..l1.I. ..... .......' .,.--. '''I ~
EXECUTIVE SUMMARY
PETITION VAC 99-013 TO VACATE A 10' WIDE DRAINAGE EASEMENT ON LOT 5, ACCORDING TO
TIlE PLAT OF "BAYFRONT GARDENS", AS RECORDED IN PLAT BOOK 14, PAGES 114 THROUGH
117, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND TO ACCEPT A 10' WIDE DRAINAGE
EASEMENT AS A REPLACEMENT EASEMENT ON SAID LOT 5, LOCATED IN SECTION 6, TOWNSJ-DP
48 SOUTII, RANGE 25 EAST.
OBJECTIVE: To adopt a Resolution to vacate the above-described 10' wide Drainage Easement and to accept a
10' wide Drainage Easement as a replacement easement.
CONSIDERATIONS: Petition VAC 99-013 has been received by the Planning Services Department from Mark
Raudenbush from Idyll Homes, Inc., as agent for the petitioners, Michael and Janine Knapp, requesting the vacation
of the above-described 10' wide Drainage Easement to accommodate proposed residential construction. They are
also requesting that Collier County accept a 10' wide Drainage Easement as a replacement easement. All required
improvements will be constructed within the replacement easement before a certificate of occupancy will be issued.
Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D..
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the 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 V AC 99-013 for the vacation of the above-described 10' wide Drainage
Easement; and
2. Approve and accept the 10' wide replacement Drainage Easement: and
3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the
replacement Drainage Easement documents and to record a certified copy of the Resolution in the Official
Records; and
4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat.
PREPARED BY: r:;::::jr~ ~i?,.~G
Rick Grigg, P.S.M.
P3:ces
REVIEWED BY ~ P -f:1d
Thomas E. Kuck, P.E.,
Engineering Review Manager
DATE: /o-5-L}Q
DATE: /0" 5-99'
APPROVED B
------
DATE: /0 -S'j j
.-
DATE /1;fo/'1
AGENDA ITgd
No. /~
NOV 0 9 1999
PI. /
,....-.....
j
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
--
RESOLUTION NO. 99-_
RESOLUTION FOR PETITION VAC 99-013 TO VACATE A 10' WIDE DRAINAGE EASEMENT ON LOT
5, ACCORDING TO THE PLAT OF "BAYFRONT GARDENS", AS RECORDED IN PLAT BOOK 14,
PAGES 114 THROUGH 117. 'PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND TO ACCEPT
A 10' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT ON SAID LOT 5. LOCATED
IN SECTION 6, TOWNSHIP 48 SOum, RANGE 25 EAST.
WHEREAS, punuant to Section 177.101. Florida Statutes, Mark Raudenbush from Idyll Homes, Inc., as agent for the petitioners,
Michael and Janine Knapp, docs hereby request the vacation ofa 10' wide Drainage Easement on Lot 5, lKX:Ording to the plat of "Bayfront
Gardens", as recorded in Plat Book 14, pages 114 through 117. Public Records of Collier County. Florida and to uapt a 10' wide Drainage
Easement as a replacement casement on said lot 5; and
WHEREAS, the Board has this day held a public hearing to consider vacating said 10' wide Drainage Easement, as more fully
described below, and notice of said public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affcct the ownership or right of conwnient access of other property
owaers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, that the following be and is hereby vacated:
See Exhibit "A" attached hereto and incorporated herein.
BE IT F1JRTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that
the 10' wide Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
accepted as the replacement casement for the Drainage Easement vacated herein.
BE IT F1JRTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the
replacement drainage casement individually in the Official Records of Collier County, Florida, and to make proper notation of this vacation on
the recorded plat as refct'Cllccd above.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
AlTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
PAMELA S. MAC'K.IE, Chairwoman
Approved as to form and legal
sufficiency:
~ ':"~.1 rl OAA./
Marni udcri
Assistant County Attorney
AGENDA ITEM
No. /1' P
NOV 0 9 1999
Pt. ;l.
~
J-:
I CUlM: ' lDICTl< ' IlAOOS ,~;:eu, UHE T AllLE
C8 CO UNE lDICTl< arNIINC
C1 7!>.1S 170.00 75.22 II 10.1J
C2 10.01 '70.00 17 . Tw 1Q.00 U 31.7. ~ .,
C3 65.... 170.00 ". l' 15.43
o
25
50 100
GRAPHIC SCALE
200
PROPOSED 1 O'
DRAINAGE EASEMENT
TRACT . R" OF LEl Y
BAREFOOT BEACH UNIT
PLAT BOOK 12, PAGES 34-37,
COlliER COUNTY, FlORIDA.
25' U.E. .. O.L
APPIlOXI....TE
WEAN HICH
WATER LINE
_OT 5
/ACA,\~
LECAl DESCRIPTION OF A.N EXISTI,,",C
, 0 rOOT WIDE DRAINAGE EASE~ENT
IIDNC p_ or LOT 5. !lAvrRQNT GARDENS
AS RECORDED IN PLAT BOOK 1... PACES ".. THRQUC; H 1 1 7
OF THE F'UBUC RECORDS or COwER COUNTY. .LORIO....
lIeginrIing crt the IIOU~ comer ot on elriati"9 10 foot .ide Orainage Ea..met\t being
,art of 1At 5. Boyfront Gorden. 0Ii rwcorded in Plot BOOil 14, Po".. ',4 th'0\,I9'" 1 1 7 of
the Pubtic RKorctI of Colier Count)'. Florida. Also bein9 the eollter~ right-ot-way line
of lI:ty Baoeh Bou~n:t. -Tract R". of Lely Bor.foot Beoel'l Unit One. os 'ecorded in
Plot Book 12. Po9a J4 through J7 of the Public: RecordS of Colli.r County. florido.
Thence ......"" the mtd .ost:.ny right-of-way line olong the l"lortner1y li"_ of the laid 10
foot .. Dro~ Eosement 10 the mean high woter iin. of Little Hickory Boy;
~ .outherly olong the said meet" ~iljJh woter line to 0 poi"t that ;a 10 foot parallel to
the soid northerty line of the niatit'lq 10 foat .ide Oroi"0ge Eoaeme"t:
Thence ~ the said mea" hi9h WCIter lit'l. olong the said 10 foot paraUel Ii".. to lhe
Mid iIOMerty f'i9ht-of-~ of Lety Beach BOylevOrd;
Thence CIIonI] the eoid eo.terty riljJht-ot-wcry line Nortn 41?27'J.:r Wat 10.00 'eet to the
Point of Beginning of tM ~in dncribed parcel.
Subject to eoMments ond restrictions 0' rKorda
8earinva 0,. baaed on the eoster1y control lirte of Lot 5. Boyfronl Garoens os recorded in
~t Book ,.... Pa9n , 14 through 1'7 0' the Public Records of Colli.r County, Florida.
... "';"9 Soulll 25?05'2l1' E..t.
ROGER G. CARTER
PROFESSIONAL SURVEYOR. &: MAPPER
I.S # 5702
OAT!:
6-2-99
SCALE:
1"
100'
1lRA_ 1fT:
RGC
jcHECKEO 1fT:
~GC
11IIIO NarII ......... OIW, ~ 270
NIIIIII. F1ar1d134104
&lM1~=!IIi FAX: (141)"70511
....aanUI~
SEe: TWP: Rl;(: PROJECT
6 48 25 NUWBER:
..... -A"
... h( 1
V ItC ""'13
LINE
_1T"'cE ,.,ICKORY BAY
PRCPARED FOR:
FOR 1HC BCNEFlr OF:
IOlU HO/oICS INC.
WICHAEL IOW'P
SItCrr:H AND 0CSCRrP7ION OF AN DaSTrNG 10 roor IIIOC OR/IINII(;C ~ BEWG PARr OF
Lor .5. 8A~r CN/OCNS, AS ~COI'1OCD IN PlAr BOOK '4. PACES ,,4 rHROUCH ,,,
OF 7'HC Pu8UC ~CORDS OF COLUCIf COUNrY. FlORIDA.
IMS 80UNCJARY SURVCY IErrS rHC IIINMJfI Tn:HNICAL srANOAROS sa FTJR7H BY THE
FlORlClA BOARO OF LAND SURVC'tORS. PuRSUNir TO SEC7ION 472.027. Fl~ $7A7UIl5.
AND CHAP7f:~ 51GI7-6. FlORIDA ADIIINISTFlATM: CODE:. NO OTHU? ~RSON OR F:NTlTY lIAY
RtL Y uPON THIS SUFNrr. .
I1OG<R G. CAR7f:~
PROffSSIONAL SURVF'IOR ANO lIAPPffi LSI S702
.JOSO NORTH HORSC ~ SUITe 270, (94')649 - I S09
NAPlCS, FlORtClA ""04 k
9Y: R~A ~. ~
ROeCR G. ~. PROFf SU ANO lIAPPEI? L51 S702
NOr VAIJl) ""THOIIr THE: SIGNAIlJRC ANa THC ~ RAISEO SEN. OF.'
FlOl/tOA UCENSCD SURVF'IOR ANO lIAPPCR.
NO OTHe~ PeRSON O~ eNTITY "'Y RtLY uPON IMS SUIi'IO'.
THIS BOuNDARY SURVCY IS ONL' roR THC lANOS AS OCSC~IBeO. 17 IS NO' / CCRTlFIC.47f:
OF nilE. ZONING. EASHfENTS OR FRCCDO" OF eNCU"8RANCES
ABSTRACT NOr ~cvrorcD.
GCNCRA/.. NOTeS:
,. 8CARtNGS ARC BASCO ON THe CASICRlY RlCHr OF "'Y LINC OF LCL' 8CACH ill\{). BeiNG
SOUTH 4 /'2 7"JJ" CAST.
2. IJNtESS A COfIPAR1SON IS MAOE. 4ICASIJRa) 8CARtNGS ANO O/STANCCS ARC IOCNTICAL
MfTH PlAr VALUes.
J. 0tIENSI0NS ARC IN FEU AND OCCIWoLS THeRroF.
4. E:LCVATIONS ARC BASCO ON NATIONAl. GCOOCTIC !If:~TICAL ClAW" (1929)
S. ABI!lIl!YIoO TIONS
R - 1WJIUS O. OCLTA ANGLC A . ARC LCNGTH
T . rANGeNr C. CH()R() OISTANCC C.8. . CHORD 8CARlNG
P.C.P. = ~_eNT CONTlWL POINT.
P R.II. . PC:RIlANCNT RtFERCNCC IIONlAlCNr
~/W . ~CHT-OF-"'Y
U.C. - unuTY CASEI/CNT. O.C. . _C;C CASEIIENT
P. . PlAT. II . IEASURCD. C . CALCUUl7f:O. F . FleW
E.O.P. . CDGC OF PAVClENI
r.o.8. . TOP OF BANK
8.11 . BeNCH _
. . eLCCTRIC BOX
~ - IMTCR VAL~
I><l . GoIS VAL!If:
~ - _mf VAt.~
~ . SANlrARY MANHOLE
ill) . STORII lIANHOLE
III - T.CI.CPHONC SERVlCC
13 - CABLC TV SCRVICC
a . "'" TCl1 IiIC7CR
P - 110OO POWf~ POLC
CLIENT:
IDYLL
HOMES,
INC.
TITLE: SKETCH AND DESCRIPTION OF AN EXISTING 10 FOe
BEING PART OF lOT 5. BAYFRONT GARDENS AS RECORe
PAGES , 1 4 THROUGH 11 7 OF THE PUBLIC RECORDS 01
WIDE DRAl~NT
o IN ~T K
COUIER CO .. IDA.
99 -0044 : ~~~~ER:
I C~BJ}JOV 0 91999
1
OF
pt. --5
-
,
DRAINAGE EASEMENT
....... .....
"'IIl,
TAC ""13
THIS EASEMENT, granted this 'i.P1.. day of ~"'1I';1f . 1999.. between Michael E.
Knapp and Janine A. Knapp as Grantor. to the Homeowner's Association at Bayfront Gardens, a
Florida not-for-profit corporation and to COLLIER COUNTY BOARD OF COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE.
WITNESSETH:
That the GRANTOR, for and in consideration of the sum ofTEN ($10.00) DOLLARS
and other good and valuable considerations paid by the GRANTEE; receipt of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, it successors and
assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install
and maintain storm water drainage facilities, on the following described lands being located in
Collier County, Florida. GRANTOR agrees for itself, its successors and assigns, that it will be
responsible for the cost of any maintenance of improvements within the easement area, to wit:
(See attached Exhibit "An (99-0044-1 S2) which was incorporated by
reference herein)
TO HAVE AND TO HOLD the same unto said 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 storm water drainage facilities thereon. GRANTOR and GRANTEE
are used for singular or plural. as the context requires.
,.-~.
AGENDA ITEM
No.//'7P
NOV 0 9 1999
pt. tJI
"':\1999 - ; IJlr _ ..,... ~ Lal SISwwy...IOIlAINAOE EASEMl!NT."
..... .....
"'2a1'3
V~ ft.013
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the
day and year first above written.
Signed, sealed and delivered
~:~
Wi ss /
M::L~
(1- - '7~
~.J/(/J{C( {I.
Jamne A. Knapp
-s" \ u ~ c- It bzc/!P <<'
~ Name
Whose mailing address is:
1189 Beryl Trail
Centerville, Ohio 45459
....
STATEOF ~'\(D
COUNTY OF ^t5o~rY
The foregoing instrument was acknowledged before me this '-f day of ~ t
19'1Q , b~chael E. Knapp and Janine A. Knapp. They are personally known to me or have
producecf i ~ r,;> L' U7",,;.eas identification and d~:~?<J ~k
o Y PUBu'c (
5 ill) telf /Xd..(r
Print d Name /
Prepared by:
Roger G. Carter
R W A Surveying, Inc.
3050 N. Horseshoe Drive, Suite 270
Naples, Florida 34104
IYLV1AA. BBCUa. ROTARY PUBLIO
IN AND 1'0& 'l'ID ITAft or OHIO
1ft COUVIAATON DPJJmIlULY ....
AGENDA ITEM
No. /7 ~
NOV 0 9 1999
PI. 6
M:\I9991'1ojec:u1!19-O Baym. Glr*-IAI ~AGE EASSMENT.'"
J
~
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:':': 2~~:" I S21f::ocrr I=-~~
'70.1lCl '0.1lCl
1 70.00 , ,. 85....3
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UN[ TI&[
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, 1LIII
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....... .....
...3.,.3
VN:. ~13
o
25 50 100
GRAPHIC SCALE
200
TRACT . R" OF LEL Y
BAREFOOT BEACH UNIT
PLAT BOOK 12. PAGES .34-37.
COLLIER COUNTY, FLORIDA.
LITTLE HICKORY BAY
_ F'OIl:
F'OIl rHC 1*:NUrT OF:
.oIU MlIIE3 /NC.
---
-..o_n:
lIEAN HIGH
_TEA UNE
S1fE1CH _ ~ OF A ~ TO FfX1T IIlrlE' __ FASDIDfr _ __ OF'
LOT '" ..~ ~ AS IIEr:aIIlDI IN PlAT fl()()K '., fW:I:S ". TH1IOUCH rrT
OF THE: PUa.JC REr:otfOS OF ctIUJDf COUNIY. 11._
_OT 5
IACANT
THIS ~ SURVCY IICETS rHC ~ TFCHNICAL STAIiIIWl'DS seT F'OflTH "., THe
1I.0RID0\ BOARD OF LOND S~ PlJRSUANT TO seCTION 472.027, f'lQllOl SrATwTFS.
AND CIW'TFR 5'C'7-5. FlORlDo\ ADIiINIS111ATM: Cooc. NO OrHCR "f:RSON 011 ~NT7TY Motl
RCL Y vPON THIS SUR1I(Y.
$
CUT NAIL IN THE EAST SIDE Dr A PAL'" TREE
LOCATED 50' +/- NORTH Of THE INTERSECTION
or LEL Y BEACH BOULEVARO ANa BAYrRONT DRIVE
ELEVATION - 10.00'
ROCCR C. CARTFR
PROFESSIONAL SIJRVCYOR AND ttIAPPCR L.SI 5702
.J()5(J NORTH HORSE: ORIVC. SIJITF 270. (.,,~g-,_
NAPLES. 1I.0RID0\ J4 rCH k
".,:~~~~~ \
ROGER C.. 5 ANO IlAl'P~R LS/ ~;;;;2
LEGAL DESCRIPTION or A PROPOSED 10 rOOT WIDE DRAINAGE [ASEwrNT
BEING PART Dr LOT 5. llA\'F'RONT GARDENS
AS RECORDED IN PLAT BOOK ~ 4, PACES '14 THROUGH 117
or THE PUBLIC RECORDS Of COUJER COUNTY. rLORIDA.
NOr ~ "'THOUT THe SIGNATURe AltO TH~ ORIGINAL IWSIll UAL OF A
FlORlDo\ UCCNSCD SI./RVC'IfJR ANI) ttIAPPCR.
NO OTHER PERSON OR fNT7TY MotY ReLY vPON T>fIS SURVEY.
THIS BOUNOMY SUR1I(Y. IS O/Ot. Y FOIl THe /ANDS AS O€SCRIf1CO. Ir,; /'lOr.. CCRT71'1CA1'E:
OF mu:. ZONJNC. E:AS~41ENrs OR F1fCrooM OF fNCU41BRANCCS.
A8S111Acr NOr RCVIEWro.
Se9innin; ot tn. nonl'l...t corn.,. of Lot ~. 9oyfronl GordenII 011 f'1M::orded in Plat Book
,.... Paq.. 1 14 througt'l 117 of the Public Rec::orft of Colier County. F'lorido. AI80 be6nt
t.... eosterly riljJht-of-wcry line of ~ Beech ~. -Tract rt". . ~ lDrafoot
8eoch Unit One, a. recorded in Plot Etroc* 12. Pot- J4 ~ 37 .. tIw PuoIic: .....,.
of Collier CoYnty. Ronda.
Then.. '-'"9 to.. _ MOIet1y "'JM-ot-wap 1lno -.. 1M -.... ..-tJ Ilne ot
toid Lot 5 to the mRn high weter Iin. of LitUe HicWy bay.
Thence lIouthlrly olonq the -..d mean high .at.,. ..". to a point t..... Eli 10 foot por'CIhf to
the soid north.rty lin. 0' lot 5:
Thence leovi"ljJ the .oid rneon h~h water Ii.... alOntj the .... 10 foot poroIleI 1",,- to lhe
toid eQsler'Y ri9ht-of-.oy 0' L.efy 8eoct'l BouleYOro;
Thence 0101'\9 tne said IOlIte"'y ri9nt-of-.oy lin. nort~ ond ..terty 10.01 ,..t a60nq
tn. arC' a I'\on -tangential circuiQr curve c:onc:cr.oe to the northeaat howif'M) a l"06Iua of 170.00
,..t IhrouQI'I 0 c:e"lrol one;.. of OJ'22'2O" and bei"9 subterlded Dr' a chotG ...ucf'll
bears North 17J4'ST West 10.00 feet te the Poiont of 8aginninv of the herein
deKribed parcel.
CCNO/AL NOTE$:
1. _ ARC 8lSCD ON THe li4SIETlI.Y RrCHr OF _r UNC OF LAY I1CACH ..100. __
_ 4'"27".J.T CAST.
Z. &HESS A alIiPAIIIStW IS MiIllE MI"ASUIIEZl _ _ IIISTANCl3 /lIfE IlEl'f1IOlI.
.IH PlAT ,-&.(1
~ 0#IiCNSI0NS .. IN fTET _ <<t:lIM/.S THCIfCDF.
4. D.E';AT1ONS ARC IMSll:l ON AMIlDN4L CCODC7IC >ETr1lC4l. /3Ol1l.W (11n)
.5. A8lI'lElMT1ONS
R . RADIUS D - onrA IWGLE A. ARC ,LENGTH
~.c./~~~f C.S. - CHOIfO .-
P.R.IL - PCRtIIlNCNT RUFRCNCC _Nr
R/W - _r-OF-"'Y
U.c. . UTILlTY CASEIIICNr. o.c. - _ CASEMCNr
P. - PlAr. Ii - ~. C - ~ClA.Arro. F . FTE1/)
c.o.P. - (J)CE OF ....._
T.o.S. . lOP OF _
S.1i - BENCH _
. - E1..CCI'RIC BOlt
o - ilIl1EJf lOlI.\If.'
c:;, - au llMt"f"
~ - _1EJf lOILlO('
~ - _r,tRY-a.c
o . S1DIfII ~
II - TniJ'HfJNt: SllMCf"
Ii - 0lIlE IV SDM:'C
. - _TFR tIE7fJf
;:f . IIIlOO _ POI.E
Subject to eo..m."t. and reftriction. of fltCordl;.
gearinqs or. bas.d on the easter1y corrtra' line of Lot S. 8oyfront Cordefta _ I'KOI'1Ied ~
~t Book 14, Poges 1'. thro..,..,h "7 of the Flubfic Recora. of eo..r County. FloricM.
M being South 2:)'0:)'20" EosL
AGENDA ~
No. /?;::'
ROGER G. CARTER
?JlOFESSIONAL SURVEYOR &: MAPPBJl
I.S # 5702
CLIENT:
IDYLL HOMES,
IN
Pg.
b
100'
TITLE:SICETCH AHO DESCRIPTION OF A PROPOSED 10 FOOT WlOE 0fWfWiE E'A5DIOIJ
lIOIC PART OF lOT ~ M'I"FRONT GARDENS AS RECORDED IN PlAT IIDOK t4,
P~S 114 THROUGH 1 17 OF THE F>U8UC RECOROS OF COWER COUNT'!', Fl.ORlOA.
I
j
3D5O NarIlI~ 0IIllI, ... 210
... FlaIIdI3ot104
(M1) ""!SlII FAX: (M1)....,.
E.....:...~
.., PROJECT
25 NUWBER:
F1LE
NUMBER:
SHEET
NUMBER:
$[C:
6
152
-:
48
99-0044
OF
1
1
Jun 02 SS 12:35p
Id~ll Homes Inc.
514-7528
Sent 9y: AWA Inc.;
941 649 7056;
Uay-31-99 S:19PU;
Page 5/7
16AI
(f)
A.nac:lII.... -8"
PETITION FORM F'OR VACATION OF PLATS OR PORnONS
OF fLATS OF SUBDMDED LAND
Dale AecdYed: 7- Z C - ''=1 r.......: V f:i C qq. 0 I .3
Pedla.lter:Sh, ~~ ~ 3~,...1:... k...:;p
AcNreal: T.,lIo.e:
OtylState: Zl, Cede:
Alai: \-\-e.~~ cJt~. IYJI1,eK. I<Au<Jc-N(So.-.s.fl
4f1hes.: R a.'. n bo (! -1-. T........: 5 [ Lj. -7 Eb2/
CitJlStaIe; <:>r',~ gL/.J/" za,CMeI~""'l/O
AddreuoIS.bjecl....perty: ~~.~ ~4I &Vp,
B I::J '" 1= rzON ~
LoatIo.: Scca.a (L) T.......p_ 4RJ ..... z5 B1IWhbIN: 2:."t;;J IZ 0 ~AJ ..
LepI~: 1M':; Bloc" v... .... 8ooIl~ P...c.) I 14-
.......r ---.....: J.A t:J \/~ -E~~AA 1=-... '-'- ~~ - #Oil'!5~ kflL.L ;::"..7'" oJ'\/ ~7;
c.n.1~: P U D J>oe. _ .<<teI.....,? ND
I lIar.y ..'''ria AI... above 10 relN'''C.. mC'DI' tilt. pditt..;
~ -
~..~~ -kf'\~~
...... ......
.. ON.
~h.111
I Da(e
(')"".. ;;..f.P"'~" k. on........
PIeue Me...,.., ... ~ fer 11M: VMa.... .. ........... ell'IaII... .......11I........,
SIIINIht6Id ........ lor 'M lid DI.."."lJrr ..t...... wtidl ... HCOIa,.., .... pet..., ... 4.... .,
.... ..;
~ ......~~..~. II.AI_____ ..........~Dhtdt.
:n..-,.~ DIpu....
2101 Nlnllllnllrlil" Dr.
Ill..... JIG...... 341..
(I)
(J)
Pt
u .~ II . .... ...... ....'" ..... .... .,.........
~~~.,.;~ · -.....,._......~r.- 1.1__"-'.... 1._"1",:," .... ...'J'q.
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A ITEM
Me. /1' ~
NOV 0 9 1999
1
PI.
IZO/90
v~c. QQ-o/3
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
. Trans Number I Date
i 141784 ---r07/23/1999 8:19:50 AM
Post Date
07/23/1999
Pa ment Slip Nbr
MS 56425
IDYLL HOMES, INC.
New or Exist: N
Payor: IDYLL HOMES
Fee Information
I Fee Code i Description I GL Account Amount Waived I
I 12PVAC I PETITION TO VACATE 111313890032910000000 $1000.00 I
Total $1000.00
-
Payments
. Payment Code I Account/Check Number
CHECK ; 2145
Total Paid
Amount
$1000.00 I
l $1 O~~:~~ I
$1000.00 I
Total Cash
Total Non-Cash
Memo:
Vacation of Easement Petition
Check No. 2145
Cashier/location: FROLOFF _E / 1
User: AKERS_ T
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
AGENDA ITEM
No. if j:'
Printed:07/ 3/1 ~\B:8~()cJ9Q
pt. f5
1998 COLLIER
lINDER NOTICE
VAlUE
COUNTY NOTICE Of
HEN PAID
MOUNT DUE
MIU RATE AMOUNT
AD VALOREM
IN MARCH
2..557.47
AUTHORITY
TAXES AND NON-AD
IN APRIL
+ PENALTY
2..634.19
#
DUPLICATE
VALOREM ASSESSMENTS
IN MAY
+ PEN & ADV
2..634.19
PAY III U.S. NIDI TO:
ED
3.5923
5.9040
2.6060
],75..000 .7050
.5620
1.1953
.0495
14 . 6141
RATE PER
AD VAlOREM TAXES
628 . 66 COUNTY
1.. 033.20 SCHOOL-STATE
456.05 SCHOOL - LOCAL
CITY
12 3 . 37 DEPENDENT
98.35 WATER MGT.
209. 18 INDEP. SPECIAL
8 . 66 VOTER APPR. DEBT.
2..557.47
liON-AD VALDREII ASlESSllEIIT1
ROADS
WATERlSEWER
COMM. IMPROVE.
GARBAGE
PEIITY ID ,
iAL DEle.
COMBINED TOTAl
"'~c Qq..O/3
COUlER COUNTY TAX COlLECTOR
COURTHOUSE COMPlEX. BUILDING C.1
NAPlES, flORIDA 34112-4997
5
].
1
4 MIU CODE 3
2
3 t::NAPP,1, MICHAEL
3 1189 IjERYL TRL
19 CENTERVILLE OH
EICROW CODE
E & JANINE A
45459-3938
PAID - 98/11/30
RECI 46132.09
GUY L. CARLTON -
0000023095000500 0000255747 0000000000 00000
EE REVERSE SIDE FOR FURTHER INFORMAnON THIS AREA FOR TAX COLLECTOR'S OFFICE USE ON
x
. _PI. er-
-'"
ttt 2357764 OR: 2450 PG: 1577 ttt
UCOlDID 11 om em ncolDs of COLLIn COVlTT. .1.
DI/12/U It 01: elM DlICll! I. UDCI, CUD
COWS mooul
DC PlI ,...
DOC-.10 lUO.II
UU/U7/1I~
UIl:43
'D'~31 2U3 3Jl2
AltS(;U
.-
Pftpend by llDd Refurn to:
DIANA L. HOGUE
PREMIER TITLE ASSOCIATES, INC.
3665 Bonita Beach Road, Ste 3
Bonita Springs, FL 34134
SS# - GRANTEE 1: 282-50-9670
SS# - GRANTEE 2: 284-48-8338
File No. : 98509
letl:
.lIIm 11m ASIDe IIC
ms BOlItA BlACK ID f3
IOIIIA IPlIIG8 n 3m4
WARRANTY DEED
IlZI UUJ
n 'i[;j 0- 'i(iJ !;7 \\~ ~.
m i0CJ~;:: 2 19;9
THIS INDENTURE, made this 31st day of
, A.D. 1998 between
v~cqq-OJ3
July
FIRMON COOK and BETTY COOK, Husband and Wite
as Grantor., whoBe addres8 is, 1350 Highway 1272, Princeton, Kentucky 42445
and
MICHABL E. ICNAPP and JANINE A. KNAPP. Husband and Iojife
.s Grantee*, whose address is: 1189 Beryl Trail. Centerville, Ohio 45459
WITNESSETH: That the Grantors, tor and in consideration of the sum of TEN AND NO/IOO
DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by
said grantees, the receipt whereof is hereby aCknowledged, has granted, bargained
and sold to the grantee and grantee's heirs forever the following described land
located in the County of Collier. State of PIQrida. to-wit:
Lot 5, BAYFRONT GARDENS, a subdivision according to the plat or map thereof
described in Official Record Book 1505, at pagels) 144, of tbe Public Records
of Collier County, Florida.
Property Tax ID Number: 23095000500
SUBJECT TO easements, restrictions and reservations of record, if any, and
taxes tor 1998 and subsequent years.
Said grantor does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
.Singular aod plural are interchangeable as context requires.
IN WITNESS WHEREOF, Grantor has
and year first above written.
Witnesses
hereunto set grantor's hand and seal the day
4~(J~
FIRMON COOK
~~DL
BETTY K
State of Kentucky
County of
The foregoing instrument was acknowledged before me on this 31st day of July,
1998 by FIRMaN COOK and BETTY COOK, Husband and Wife, I!!ho io known to me or who
has produced as identification and did
take an oath.
My
Commission Expires: ,_' ,.- '''''/.'il;:,~ ._~'
/7J~ Q ~ " /'un.T.) ~""
~~ I ~Od/..:~"-~,:-:,',,:'r.
/ L:i" ~:2 ~." ;"2~
~ -,\ Q. <3..,...... J te_ ~.'
,;.\' ,..~.,.... ~
-:;.~~.~,~ ;. ~r'.." ^~-~
""c,_~,:::~~~."'"
j) -tZ'~'~
. Nt;~LIC - / f-' 1.1/0 ,
PRINT OR TYPE NAME,
.-.
AMS'-MI)-P':.JIIIN
R.v. 05/u2/94
~
AGENDA ITEM
~ /7' j::"
NOV 0 9 t999
pt. /~
VAct::tet-o/3
AD Property Ownen Within
A 250 Foot Radius of Lot 5
Bayfront Gardens
Tract R
Lely Barefoot Beach
8825 Tamiami Trail East.
Naples, Florida 33962
Lots 9 & 10
Richard S. & Arlene L. Bookbinder
11 Exeter Road
Short Hills, New Jersey 07078
Lot 3
Samuel Robinson & Paula Robinson
820 East Market Street.
New Albany, Indiana 47150
\
Lots 4,5 and 6 Block I
Donald B. & Joanne m.Stougbton
P.O Box 600
Paoli, PA 19301-0600
Lot 4
Samuel Robinson & Paula Robinson
226 Lely Beach Boulevard
Bonita Springs, Florida 33923
Lots 7 and 8 Block I
Paul W.& Clotinda Ann Harrison Brinkopf
1329 North Cape Rock Drive
Cape Girardeau, MO 63701
Lot 6
James L. 0' Reilly & Teresa O'Reilly
161-28 86th Street
Howard Beach, New York 11414
Lot 7
Gary L.Grup
4627 Brookside Rd.
Toledo, Ohio 43615
Lot 6 & East ~ of Lot 5 Block H
William B. & Darlene L. Aimetti
43 High Meadow Drive
Basking Ridge, New Jersey 07920
Lot 7 Block H
Daniel & Jonica Stingl
400 Christy Lane
Plymouth, Oregon 99340
Lot 8 Block H
Richard S. & Arlene L. Bookbinder
11 Exeter Rd.
Short Hills, New Jersey 07078
,/
F:\99-0044 Bayfront Gardens Lot 5\Surveying\99-0044 Property Owners.doc
r'
AGENDA Ira."
No. // P
NOV 0 9 1999
Pi. II
('ei \ ':-~:' -""".'''''
f... _;. L 1_ J r1 I (
...... ,'" ~..t; ,', (~ ...
~ ;/, :~1....: ;'.~, ,', (-
I '-/:!__~ 1\_...'
~290 Rainbow Cowt
Naples. Florida 34110
1-141-514-7521 Tel.
1-941-514-7528 Fax.
99 J~"i -~' M1 'f: 28
June 2, 1999
John H. Boldt, P.S.M.,P.E.
Director
Collier Colnty StOlTTM8ter Management
3301 East Tamiami Trail
Naples, ROOda 34112
~
q~~l.~"
~ ~~W. J S \\\\
\~( Lo'-' ~
\\\ il\!'-\ l'I <3 1S99
O\:. .;V'~ v
---------
Re: Vacation of Drainage Easements
Dear Mr. Boldt:
Please be advised that VIle are the General contractor and agent for Michael and Janine Knapp,
property OIMlers of the land described in the attached Exhitit. We have been engaged by Mr. and Mrs.
Michael Knapp for the pl.I'pOSe of petitioning Collier County in comection vvith the relocation c:t drainage
easements QJrrently existing on their property. This easement is desaibed and graphically depicted on
the attached Exhitit All lands and easements referred to herein are located wthin the plat c:t Bayfront
Gardens, Lot 5.
As part c:t the formal procedLre to vacate the drainage easements, Collier Colrty reqLire5 that certain
utilities and users of the easements ackrlc:7Medge this -Letter of No Objection.. Please inclcate your
consent to the vacation c:t the easements by means c:t signahre below and retLm the same to us. W
e have enclosed a postage-paid envelope fa your converience. Please do not hesitate to contact our
office if you should have any questions. We thank you in advance fa your prom~ attention to this
matter.
Respectfully,
IDYLL HOMES, INC.
~
Mark Raudenbush
Vice President
MRIdkk
\
The lSldersigned does hereby agree to have lID obtectIon to the Drooo8.d vacation.
By.~
Pri~ e: . 13-'1 '-I:) ".
Date: C. - "7 - ., f
AGENDA ITEM
No. //7 ;::: .
NOV 0 9 1999
PI. I~
;..~/ f..f-- /"fOf-ll~ ~)_,.},./C
1290 Rainbow Court
Naples, Florida 34110
1-941-514-7521 Tel.
1-941-514-7528 Fax.
June 2, 1999
John R. Houldst.\a1h
Senior Engineer
Collier County Engineering Review Services
2800 North Horseshoe Drive
Naples, Rorida 34104
Re: Vacation of Drainage Easements
Dear Mr. Houldst.\a1h:
Please be advised that y,e are the General Contractor and agent for Michael and Janine Knapp,
property O't\1lers of the land described in the attached Exhilit. We have been engaged by Mr. and Mrs.
Michael Knapp for the purpose of petitioning Collier County in connection wth the relocation ct drainage
easements currently existing on their property. This easement is described and graphically depicted on
the attached Exhilit. AJllands and easements referred to herein are located wthin the plat ct Bayfront
Gardens, Lot 5.
As part ct the formal procedure to vacate the drainage easements, Collier Cot.nty reql.ires that certain
utilities and users of the easements ~edge this &Letter ct No Objection.. Please indcate your
consent to the vacation ct the easements by means ct signatLl"e below and return the same to us. W
e have enclosed a postage-paid envelope fa your convenience. Please do not hesitate to contact our
office if you should have any questions. We thank you in advance for your prom(1 attention to this
matter.
Respectfully,
IDYLL HOMES, INC.
~ ~.~, ~~ee1
"'-
Mark Raudenbush
Vice President
R r...... -.. '.\ "E
I,;, ~~....- _,... d 'i' D
~UN 01 1999
,
L'
11
-
v '~'~""""""""-...... .'. "'_ -" ~
.......,
MRldkk
\
The '<Jled does hereby SIJ'88 to have no obJectIon 10 the DrODClsed vacation. '*
By: ~
Print Name: ~ \0\ ~ \..
Date:
~ ~ \) \ \) 'E. ~ A l 'T (;. ~.r\) A. Th E: A- ~ E:. I.-V\ ~ f\Sf ,~
~w. \'V"o"t,~S ",~ue ~~Q.l.\ t.~~ \r\J t,~~
61lA~T~ b
A~c:.\ l1J~~
,4.1\13) ./
A ITEM
No. 7/ ~
NOV 0 9 1999
Pg. IJ
-
COLLIER COUNTY GOVERNMENT
m~@~1?~'?~'W.n
--- ! Ii
JUNl 6 1999 /1)
RAf_
3301E. lXM1AMI.l"RAlL------
NAPLES, FLORIDA 34112
(941) 732-2575
FAX: (941) 732-2526
PUBLIC WORKS DMSION
June 9, 1999
Mr. Mark Raudenbush, Vice President
Idyll Homes, Inc.
1290 Rainbow Court
Naples, FL 34110
Re: Vacation of Drainage Easement in Lely Barc::foOi Estates, Bayfront Gardens, Lot 5
Dear Mr. Raudenbush:
This office has reviewed your request to vacate the above-referenced drainage easement.
The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no
objection to the vacation of the drainage easement.
Should you have any further questions, please feel free to contact me.
Sincerely,
{1;rdj M ~..b-
Cindy M. Erb
Public Works Senior Engineering Technician
cc: Edward N. Finn, Public Works Operations Director
Paul Matt3usch, Wl:\ter Djrertnr
Joseph Cheatham, Wastewater Director
Rick Grigg, Land Surveyor, Community Development
\
AGENDA ITEM
No. 17 P
NOV 0 9 1999
PI. /'1
...-......' r .' ;-;r) r......;::~ ~1 ,f.. ,r-
'-'~~-L_"I\.../' t!~..-/ "1'-.....'
1290 Rainbow Court
Naple~ Florida 34110
1-941-514-7521 Tel.
1-941-514-7528 Fax.
,
W~
C! '999
JUN 0 .: I
.~
-
June 2, 1999
Ed Kant, P.E. Director
Tl'8nSportafjon Department
3301 East Tamiam; Trail
Naples, ROIida 34112
Re: Vacation Of Drainage Easements
Dear Mr. Kant:
Please be advised Ihat "" - the Gener..I ConIractar a1d ~ for ~ _ Janine Knapp,
property """"'" of the '- descnbed in the atlacI1ed E>Chi~ We have been IlIlgaged by Mr. _ MIs.
Michael Knapp for the PlOJlose of -ng caRer Col.nty in CCI1necIion lII/fh the relocation of chinage
easements CUIlenIIy "'<iSling on their property. This easement is descnbed _ graphically depicted on
the attached E>Chit1t. All/am - easements ref_ to h_n -'ocated lII/fhin the ~at of Sayrn",f
Gardens, Lot 5.
As P8rt of the fonna; IlRlce<iJre to vacate the drainage e&sements, Collier Col.nty ~res Ihat certain
Utilities - users of the easements ~ this "Letter of No Objection. Please il1lfcate l'OOr
COI1SenI to the vacation of the """"""'"" by "'-'" of SiQrlalm, below _ ren.n the same to us. W
e have enclOSed a PDSlage.pajd envelope for l'OOr tonvenence. Please do not hesitate to contact ""
Oflice W Y<lU shoUd have aJy """"'OIlS. We IIIlOlJt Y<lU in adva1ce l\:lr l'OOr J>tJmpt attention to !his
matter.
Resr:>ectfuI,y,
IDYLL HOMES, INC.
kL R c:u.J.....1:. .... 4 ..........
Mark Raudenbush
Vice President
MRldkJc
The
\.0
\.0
vacation.
~
--
....
--
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~
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-- '-. --
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en c--
Cr
-~ ...- ---
--' ~
AGENDA ITEM
No. /7 F
.
NOV 0 9 1999
PI. /6
27 Idyll Homes Inc.
Au~ 04 SS 12: p w
8.:/63/199911:66 B1394793B7 NEHER
514-7528
PAGE 61
A,,~ 03 9S' 10: 46;,
1 d ~ 1 1 H 0 III f' 5 ] n c ,
514-?528
,-
IOrL.L rlont ?,INC.
12f1O Rainbow Court
Nap'.', Florldtl 3&110
i.""'-414-7621 TI"
1-"'-614-7521 ,...
Augusl 3.1998
Mr John Neher
Ba~de Of Barefoot Beach HomCOWl8ls A~ocl"lon
222 Barefoot Beach S1vcf
Bonita Spr1ngs, Ronda
Re: V.~cton 0' Drainage Ea_mlnll
Dear Mr. Nehlll'
-
Please be advised Ihat v.e are the Geneml CmIractor and agent for Mict1ael and Janlne I(napp,
propertv ()lM'\ers or Ihl! land de~bed in the atecned EJCtlibil"A" We have been engaged by Mr. and
Mrs. MichiteI Knapp lor the purpose of petllioring Collier County an connection ,..;th the vacation 01
Ofalnaj,lt: ~1IIl!l\ls wrrently exJSling on lt1eir propeny. lhese easemenls are described in the
attached Exhibil "8" and graphically depided hllhe attached Ell'hil:it"S.t. All lands snd easements
referred 10 herein are locatecf wUin the plat of Ba~ronl Gardens, Lot 5.
A!> pert of Ihe formal procedure to \/acate Ihe ~rainage easemenCs. COllIer Countv reQLire5 that celtaln
utilities and users of ttle easements ackrlO\Medge this 'Lelter r:I No Objection.' Please indCate your
consent 10 the vacation at the ellMmen18 by ",,"n:. at 3ignalure below and return ltle um. to us We
have enclosed 8 postage-paid envefope (Of your convenience. Please do not Ms/!ate 10 cont8Cl our
Office If you should have any questions We thall\( you in advaru;;e (Of 'j01Jl: prom~ attdon to this
mailer
Respectfully,
IDYll HOMES. INC.
Mark Raudenbush
Vice President
MRldkk
9b1ectton Iq the lIfcoo.ad VI~
p.2
p.i:!
AGENDA ITEM
No. /1 r
NOV 0 9 1999
Pl. It
MediaOne-
Thi. i. Broadband. Thil iI the wa.,.
!;\ 'iT' F ,~ ~ ~7 'iri] W
1D) <.~" ~< _1. . ~ n
I.; U
~-- jUN 1 6 1999
~b~
P.O. Box 413018
Naples, FL 34101
Telephone: 941-432-1801
FAX: 941-992-1289
June 9, 1999
Mr. Mark Raudenbush
Vice President
Idyll Homes, Inc.
1290 Rainbow Ct
Naples, Florida 34110
RE: Request for vacation of a dedicated drainage I utility easement at Bayfront Gardens, Lot
5, Lely Barefoot Beach, Collier CountY, Florida 34134
Dear Mr. Raudenbush:
MediaOne has no objection to the requested vacation of the dedicated 10' drainage I utility
easement at lot 5, Bayfront Gardens, Lely Barefoot Beach, Collier County, Florida 34134
provided that the existing Trad R of Lely Barefoot beach, an 80' Right of Way is not, in any part.
included in this vacation request.
If you have any questions or, if I can be of further assistance, please do not hesitate to call me
at (941) 432-1801
Sincerely,
i--ft/~
Thomas R. Yates
Construction Manager
\
A9ENQA ITEM
HE( /7;:'-
.
NOV 0 9 1999
Pi. 17
-
~ Sprint
Box 24b9
~aples. Florida j-il06-246Q
June lO, 1999
"
L - '~~ ~ i9J 1r \m' 'iF.J ~
"-.: '. ::.' - " -..:, v .:..2J i i\
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" '
~~ JU~J 11 i999 iiJ
-
Mr. Mark Raudenbush
Idyll Homes, Inc.
1290 Rainbow Court
Naples, FL 341 10
RE: Petition to Vacate - Drainage Easement I BayfroDt Gardens, Lot 5
Section 6 Township 48S Range 25E
County - Collier
Dear Mr. Raudenbush:
Sprint-Florida, Inc. has no objection to your petition to vacate the drainage easement described in
your attacbed letter dated June 2, 1999.
If I can be of any further assistance, please contact me at (94 I) 263-6342
Sincerely,
~.j~
/ .
~'
John T. Reynolds
Network Engineer II - E&C
JTR:ns
Attach.
cc: Easement File
\
AGENDA I~
No.1? c
NOV 0 9 1999
Pf..--/.L-
1290 Rainbow Court
Naples, Florida 34110
1-941-514-7521 Tel.
1-941-514-7528 Fax.
s\ ~01 ~ ~~m: frl\
[: '~JUN 1 a 1999 J~
" .1.,.., " ....r'/'---11'-=.t:==., .,\!,
,_/ r ,__/..._ l.......--" (j_, --" " v \......,/
June 2,1999
J. W. Wlite
Construction Services
ROOda Pov.er & Ught
4105 1511 Avenue SW
Naples, ROOda 34116
Re: VacatiOn of Drainage Easements
Dear Mr. Wlite:
Please be advised that we are the General Contractor and agent for Michaet and Janine Knapp,
property OIMlers of the land described in the attached Exhitit. We have been engaged by Mr. and Mrs.
Midlael Knapp for the purpose of petitioning Collier Cou1ty in connection wth the relocation a drainage
easements currently existing on their property. This easement is described and graphically depicted on
the attached Exhitit. All lands and easements referred to herein are located wthin the plat a 8ayfront
Gardens, Lot 5.
As pewt a the foonal procedure to vacate the drainage easements, Collier County reqt.ires that certain
utilities and users of the easements ackrlcJIMedge this -Letter a No Objection.. Please indcate your
consent to the vacation a the easements by means a signabse below and reb.m the same to us. W
e have enclosed a postage-paid envelope for you- oonverience. Please do not hesitate to contact our
office if you should have any questions. We thank you in advance for yOU' promlX attention to this
matter.
RespectfiJly,
IDYLL HOMES, INC.
~R~
Ma'k Raudenbush
Vice President
MRIdkk
\
The L6ldersi(Jled does hereby agree to have DO obiedIon 10 the orooc:-.ed vacation.
By:-.:1J1 0)1/1 :$~
Print Name: OAJ~ ~~
Date: -fl, &j
....-
AGENDA 1TE.
,/?~
NOV 0 9 lS99
/9
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Pg.
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........... .
LITTLE
HI~Y
BAY
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AGENDA ITEM
No. /? r
7'
NOV 0 9 ~999
Pl. ~