Agenda 03/09/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 9, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
I. INVOCATION - Reverend Peter Lyberg, Shepherd of the Glades Lutheran Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
A. February 9, 1999.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1
March 9, 1999
,A 1) Proclamation proclaiming the week of March 7-13, 1999 as The 20th
Anniversary of the Know Your County Government Week. To be accepted by
Rhiannon Howell and Jereme Brancheau.
2) Proclamation proclaiming March 19, 1999 as A Day In Celebration of Families.
3) Proclamation proclaiming week of March 21, 1999 as lnvasive Exotics Control
Week. To be accepted by Mr. Bill Lorenz, Natural Resources Director.
B. SERVICE AWARDS
1) Susan Lemay, EMS - 15 years
2) Nan Gerhardt, Parks and Recreation - 10 years
3) Gregory Harrison, Road and Bridge - 10 years
4) Robert Kohl, DOR - 10 years
5) Rudy Luna, Water - 10 years
6) Charlie Jackson, Road and Bridge - 5 years
C. PRESENTATIONS
---- 1) Recommendation to recognize Sam Poole, Lieutenant Paramedic, Emergency
Medical Services Department, as Employee of the Month for March 1999.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Terri Tragesser representing the Greater Naples Civic Association requesting
appointment of a Select Committee to develop an Urban/Rural Design Master Plan for
Collier County.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Accept the 1999 Tourism Agreement between Collier County and the Marco
Island Film Festival, Inc.
2) Initiation of a Conditional Use to allow boat docks as a permitted Principal Ust-
in Block H, Little Hickory Shores, Unit No. 3 Replat.
3) Lynne H. Dreyer, representing the Collier County Medical Society Alliance
Foundation, requesting a waiver of the right-of-way permit fee for the closing of
Vineyards Boulevard for the Women's Healthweek Race to be held on March
13, 1999.
2
March 9, 1999
4) Pete Havran, representing the Naples Airport Kiwanis Club, requesting a
~ waiver of the Temporary Use Permit for a special event held on December 12,
1998 in Golden Gate.
5) Presentation by the State of Florida Division of State, Land Acquisition Section,
regarding the State's ongoing efforts to purchase lands in an area of Collier
County known as the Southern Golden Gate Estates.
6) Administrative subdivision and plat approval process. (verbal report by staff)
B. PUBLIC WORKS
1) Approve Amendment to the Eagle Creek Sewer Service Agreement.
2) Discussion and action to establish the date, time, location and agenda for a
Board of County Commissioners Solid Waste Disposal Workshop.
3) Resolution approving an interlocal agreement between Florida Governmental
Utility Authority and Collier County relating to the potential acquisition of the
Golden Gate Utility System.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) Authorization to Produce and Broadcast a Weekly Thirty Minute Local
Government Cable Television Program.
E. COUNTY ADMINISTRATOR
1) Discussion and approval of FY2000 Budget Policy.
2) Discussion regarding the satellite government task force.
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners to accept a settlement
proposal of $7,500.00 to resolve the case of Marshall v. Collier County, Case No. 97-541 -
CIV-FTM-24D, now pending in the United States District Court for the Middle District
of Florida.
B. Recommendation to consider a settlement proposal in the case of .4nita Mann, et aL Vs.
Collier County, Case No. 98-929-CA, pending in the Twentieth Judicial Circuit court,
Collier County, Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Schedule Board of County Commissioners vacation.
B. Consideration to approve request from SWFRPC for a letter of support stating the
A County's interest in remaining an active member of the Economic Development District
and supporting the Overall Economic Development Program.
3
March 9, 1999
C. Consideration of a fee waiver for park fees and beach parking fees for the Marco Sports
Festival. (Commissioner Norris).
11. OTHER iTEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) CONTINUED FROM THE MEETING OF FEBRUARY 23, 1999. Petition
PUD-98-17, Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc.,
representing James Gorman, requesting a rezone from "A" Rural Agriculture
to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD
for a maximum of 114 single family and multi-family dwelling units on property
located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in
Section 6, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 37 +/- acres.
2) Petition R-98-10, Amin Farah, representing Raida Hamdan requesting a rezone
from "C-4" to "C-5" for a grocery store and bus stop for property located at
the corner of Boston Avenue and First Street (C.R. 846)), further described as
Lots 11 and 12, Block 1, Carson's Subdivision in Section 4, Township 47 South,
Range 29 East, lmmokale, Florida, consisting of I +/- acre.
3) PUD-98-22 George L. Varnadoe, EXQ, of Young, van Assenderp & Varnadoe,
P.A., representing Clyde C. Quinby, Trustee, requesting a rezone from "A"
Agriculture to "PUD" Planned Unit Development to be known as Ibis Cove for
a mixed use residential project including assisted living housing and community
facilities such as churches, schools, civic and cultural facilities, for property
located on the south side of Immokalee Road, east of Gulf Coast High School, in
Section 27, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 96.5 + acres.
C. OTHER
1) An Ordinance providing for the establishment of more stringent local ethics
· standards and for enforcement thereof; providing for title and citation;
providing for findings; providing for definitions; providing for reporting and
prohibited receipt of gifts by individuals filing full or limited public disclosure
of financial interests and by procurement employees; providing for lobbyist
registration; providing for post-employment restrictions; providing for
supplemental provisions; providing for penalties; providing for inclusion in the
Code of Laws and Ordinances; providing for conflict and severability; and
providing for an effective date.
4
March 9, 1999
.~.... 2) Petition approving with conditions Petition CCSL-99-1, requesting a variance
from the Coastal Construction Setback Line to allow 1) dredging of Clam Pass
and the Clam Bay System, 2) placement of beach compatible material along the
beaches north and south of Clam Pass, and 3) placement of non-compatible
material in created containment basins in the back dune area north of Clam
Pass (in the Collier County owned conservation area), located within the Pelican
Bay Planed Unit Development (see exhibit for legal description) Sections
4,5,8,9,32 & 33, Township 49 South, Range 25 East, Collier County, Florida.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Lien Resolutions - Code Enforcement Case Nos. 80615-005 William D Roberts,
Deceased, Robert A Roberts and Richard H Roberts, Co-Trustees; 80615-006
William D Roberts, Deceased, Robert A Roberts and Richard H Roberts, Co-
Trustees; 80714-042 Hubert & Christa Hein % William Scherer; 80723-073
James & Beatrice Bruskay; 80723-074 James & Beatrice Bruskay
2) Request to approve for recording the final plat of"Quail Walk Phase Four"
and approval of the performance security.
3) Request the Board review and approve a Road Impact fee refund in the amount
of $1,738.00.
4) Request to approve for recording the final plat of"Catamaran Court at Tarpon
Cove" and approval of the performance security.
5) Request to approve for recording the final plat of"Venezia at Grey Oaks" and
approval of the performance bond.
6) Authorization of a 100% waiver of impact fees for one house to be built by Jill
J. Weaver at 3411 Basin Street in Sable Shores Subdivision, Collier.
7) Authorization of a 75% deferral of impact fees for one house to be built by Juan
Rodriguez and Marta Rodriguez at 4560 Dominion Drive in Collier County.
8) Authorize the Chairwoman to sign the application for the Florida Department
of Environmental Protection Artificial Reef Grant.
5
March 9, 1999
.--- 9) Adoption of a resolution to support the Immokalee community's efforts to
receive State funding to support the economic revitalization efforts underway in
the Designated Federal Enterprise Community.
B. PUBLIC WORKS
1) Authorize funds for professional services to perform the Third Year of Post-
Construction Monitoring Requirements for the Collier County Beach
Restoration Project.
2) Approve a contract change order for Advanced Lawn and Landscaping which
exceeds ten percent of their current contract amount.
3) Award Bid No. 98-2906, purchase & delivery of organic and inorganic mulch.
4) Approve a Budget Amendment to provide funding for right-of-way acquisition
and design services for the Airport-Pulling Road Six Lane Improvement Project
No. 62031; CIE No. 055.
5) Approve Work Order #ABB-FT-99-1 with Agnoli, Barber and Brundage, Inc.
to perform an evaluation of the origin of rocks on the Naples and Collier
County Beaches.
6) Approve award of Annual Agreements for Roadway Contractors' Services on
an as-needed basis (RFP 98-2905).
'~"' 7) Request to install pedestrian barrier handrail along Airport-Pulling Road at
Pelican Marsh Elementary School.
8) Request that the Board of County Commissioners authorize a time of day
waiver to the Code of Laws and Ordinances of Collier County, Florida, in
conformity with Section 54-89 of the Code for the Dredging Activities related to
the Clam Bay Restoration and Management Plan.
9) Approve final ranking of consultants for engineering services for the South
County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP
#98-2891, Project No. 70054.
C. PUBLIC SERVICES
1) Approval for a Resolution authorizing expenditure of funds for a picnic to
recognize Collier County Board of County Commissioners employees.
2) Award the exotic vegetation removal (#98-2892) at Collier County Parks.
3) Approval of a budget amendment to pay for tipping fees associated with the
removal and disposal of an unsafe building located at the South Immokalee
Park.
4) Authorization of an amendment to the contract between Collier County and the
Aggressive Skaters Association.
~ D. SUPPORT SERVICES
6
March 9, 1999
1) Recommendation to Declare Certain County-Owned Property as Surplus and
Authorize Sale of Surplus Property.
2) Approval of an Agreement for the Publication of a County Government
Information Guide.
3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real
Property for Abatement of Nuisance and Direct the Clerk of Courts to Record
Same in the Public Records of Collier County, Florida.
4) Report and Recommendations Concerning the Selection of Consultants.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
F. BOARD OF COUNTY COMMISSIONERS
G. Ml SCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 98-06739MMA, 97-
02907MMA, 98-02083MMA, 98-06890MMA, 98-00602MMA, 98-01586MMA, 98-
00887MMA, 97-06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98-
01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98-05261MMA, 97-
09216MMA, 98-03302MMA, 98-07243MMA, 98-08332MMA, 98-03588MMA, 97-
10326MMA, 98-05457MMA, 97-03556MMA, 98-03496MMA, 97-05466MMA, 98-
04502MMA
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
1) Approve a Budget Amendment that will recognize a $189,000 grant
reimbursement from the United States Department of Agriculture (USDA) and
will re-appropriate $189,000 borrowed from other Airport capital projects.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND
MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL
FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER
COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE
1TEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER
AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE
BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A. Petition CU-98-9 Blair Foley, P.E. of Coastal Engineering Consultants, Inc.,
representing Thomas Hawkins, requesting Conditional Use "5" of the "E" Estates
Zoning District for a senior independent assisted care living facility per subsection
2.2.3.3. of the Land Development Code for property located at 2101 County Barn Road,
7
March 9, 1999
in Section 8, Township 52 South, Range 26 East, Collier County, Florida, consisting of
9.63 +/- acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
8
March 9, 1999
,- PI~OCLAA4A TION
IMHEREA,S, county 9overnment is o complex nod mu/tifaceted process
which affects the lives of oil residents of Colh~r County,'
oral,
IMHEREAS, on increased knowledge of how various aspects of county
9overnment work con enhance on individual resident ~
quality of life in Collier County,' and,
WHEREAS, it is desirable for all county residents to be
knowledgeable of the county~ government and how it
works,' and,
WHEREA~, the ~ Collier County, Colh~r
Court Count), Public 5choo/s hove
co Know Your Coun~ 6overnment Teen
............ .i=, .=. ;.
· , ~iss,bnerS'of Collie~ County, FIoNdaj':tkat the week
!99~ ~e designated
:..' ..~- '= .. ' =. ~
20~ ' ANNIVErSArY OP
., ===' .=~
.
DONE AND '199~
...... ' CO~X55IONE~5
COLLXE~ CO~N~, FLORIDA
PAMELA 5. MACKIE, CHAIRWOMAN
ATTEST:
D M/I6HT E ~OCK, ('I.E~K
AGENDA ITEM
19B9
pg. I
PROCLAtHA TZON
WHEREAS, the "health"of the family ultimate/y affects how we functian at
home, at work and in our community,' and,
WHEREAS, in Collier County, our families are at risk, facin9 unprecedented
challenges and changes: balancin9 work and family, more single
parent households, escalating domestic violence, issues of child care
and eider care, pareating teens and teenage parents, media
saturation and eor/y maturation; and,
WHEREAS, ~ Co/tier County and the nation, families face it a/one, as nearly ~ of
oH Americans do not know their neighbors,' and,
WHEREAS, The Collier County AAedical Society Affiance has presented a week
/oar educational and community service program for Collier County
for the past three years,' and,
WHEREAS, this years activitie4 consist of an outreach to the Public and Private
Schools of our county, Offerin9 an interaction with children and
community to produce award winnin9 art representin9 what families
mean:to them bein9 d/~played on this day; and,
WHEREAS, our theme "A Celebration of Families:, hiZqhlights the need for our
community to focus on community awareness, education and support
of important health care tssues for our families,' and,
./--.
WHEREAS, the members of the Collier County Medical Society and Alliance will
lead th~ effort to urge local citizens to search for ways we can oH
heIR make the family structure stronger.
NOW THEREFORE be il proclaimed by the Board of County Commissioners of
Co/lien County, Florida, that A4arch 19, 1999 be desz~nated as
A DAY _TN CELEBRATION OF FAA4ZLZES
A~ citizens are urged to actively support the family mission in our
county for the ultimate goal of improvin9 the quah'ty of hie for oil
bONE AND ORDERED THIS gth Day of/Aarch, lgg9.
BOARD OF COUNTY COA4A4_TSS_TONERS
COLLIER COUNTY, FLOR_TDA
PAMELA S. MACKZE, CHAZRWOMAN
A TTES 7:.'
""" D W1GHT E BROCK, CLERK N°A 'G~
MAR 09 1999
Pg,~ 4
P I~ O C L A tI4 A T.Z' O N
WHEREAS, the quoh'ty of life and the economic and ecolopical we//bein9 of
Co/tier County are m~nificant/y dependent on the County~ naturn/
resources,' and,
WHEREAS, invasive exotic plants pose a s~nificont threat to the County~
naturn/ resources with certain plants cousin9 safety and heolfh
problems to County residents,'
WHEREAS, Co/h~r County has budpefed ~315,000 for invosive exotic plant
re,ova/for Fiscal Year 98/99 and wi// be re,aria9 invosive exotic
p/oafs fro~ County-owned properties durin9 the week of ~orch 21 -
~orch 2~ 1999,' and,
WHEREAS, the City of Marco Island, ~he City of Naples, and the Rookery Bay
National Estuarine R~rch R~erve will be conductin9 invasive
exotic p/ant remo~l peajeers dud~ the week of March Zl, 1999,'
WBEReAS, betwe~ ~o~ch 22 and Sarch 26, 1999, the Conservanq of
Sou~hw~t Florida will ho~ o series of dt~ploFs h&hh~htin9 problems
C~ed by in~asive exotic plon~s m the ?epion.
NOW TBER~OR6 be it proclaimed by ~he Board of Coun~ CommiSsioners of
Cottie~ County, Florida, that ~he week of March 2I, 1999 be
d~ip~ed as
ZNVASXVE eXOffC$ CON~ WEEK
bONe ANO ORO~EO Tg$ 9th Day of ~orch, 19~9.
8OARD OF COUN~ CO~Z~ZONERS
COLLZER COUNt, FL ORZDA
PAMELA 5. MACKIE, CHAIRWOMAN
A TTE5 7';.'
DWIGHT E BROCK, CLERK
MAR 09 1999
Pg-
""" EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE SAM POOLE:~ LIEUTENANT PARAMEDIC,
EMERGENCY MEDICAL SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR
MARCH, 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: Lieutenant Sam Poole has been employed with Collier County since
1988. His initiative and resourcefulness have made him a valuable asset to the Emergency
Medical Services Department as well as to Collier County.
Among his many responsibilities, Sam is charged with fit testing of High Efficiency Particulate
Air filter masks, protecting emergency medical personnel from particulate contamination and
communicable diseases, such as Tuberculosis.
He produced a blood borne pathogen and OSHA safety curriculum and has dedicated
countless hours to training his EMS colleagues. Sam also developed an innovative device for
securing endo-tracheal tubes, reducing the cost of replacing the items by one-third. On his own
initiative, Sam painted the Emergency Services facility in Immokalee.
In July 1998, Sam received accolades for recognizing a hazardous situation during a structure
fire in Golden Gate and taking swift action that prevented serious injury and possible death of
several firefighters.
Due to his dedication, high personal standards, and many accomplishments, Lieutenant Sam
Poole has been chosen as Collier County's March 1999 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 Emergency Medical Services Fund. Approximately one-third of
the funding for this operating budget is from ambulance fees and approximately two-thirds is
from a transfer from the General Fund.
RECOMMENDATION: That Sam Poole, Lieutenant Paramedic, Emergency Medical Services
Department, be recognized as the "Employee of the Month" for March, 1999.
Administrative Secretary
APPROVED BY: DATE:
Phil Tindall AGENDA ITEM
Staff Liaison to the Employee Advisory Committee No. 5 ('_ ~
MAR 0 1999
Pg. ! .....
COLLAR COUNTY ADMINISTRATOR'S OFFICE
3301 E. TA}/[I.A3vlI TRAIL
NAPLES, FL 34112
February 18, 1999 (941) 774-8383
FAX (941) 774-4010
Terri Tragesser A CERTIFIED BLUE CHIP CO~5IUNITY
Board of Directors
Greater Naples Civic Association
328 Goodlette Road South
Naples, Florida 34102
Re: Request for Public Petition - Select Committee - Urban/Rural Design Master Plan
Dear Ms. Tragesser:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 9, 1999 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them of your concern and the need for action by
the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the
Administration Building (Building "F") of the government complex. Please arrange to be present
at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
County Administrator
RFF/bp
A6~NDA~IT
cc: County Attorney No.
Development Services Division
.... I~7 /
FRGd: URBAN LQND INSTITUTE FAX NO.: 94I 597 61[D8 Feb. 16 1999~1:
,, ,.
TRANSMITTED VIA FAX TOTAL 4 PAGES 32S Goodlette Koad South
February 16, 1999 Naples, Florida' 34102
(941) 262-2424
Mr. Kobert Fernandez
County Administrator
Collier County Government
3301 East Tamiami Trail
Naples, FL 34112-4977
Dear Mr. Ferrmndez:
SUBJECT: Request for Inclusion on the March 9th Agenda
Board of County Commissioners' Meeting
The Greater Naples Civic Association Board of Directors respectfully requests to be
placed on the March 9th' ~s agenda of the Board of County Commissioners Meeting for
purposes of bringing forward under public petition a recommendation from our
organization to the Commission.
The subject of our petition is to ask that the Board consider the appointment of a Select
Committee to undertake the d~velopment of an urban/rural design mast~ plan for Collier
County. This committee would assist in preparing an RFP for the necessary town
planning/urban design consulting services.
Mr, Coorues and I are scheduled to meet with you on February 19th to discuss the GNCA
recommendations in more detail. Howcwer we would like to place this request with you
so that the necessary time is allotted on the March 9~h Board of County Commissioners'
agenda.
Attached for your information is additional background material on our request, Should
you have any questions concerning this matter, please do not hesitate to contact me (597-
7719) or Mr. Coorues (263-6123)
Board of Directors
CC: Board of County Commissioners .... /
GNCA Board of Directors PiAR O ~ 1999
F~OM: 'bJRB~N I-PND INSTITUTE FaX NO. : 941 597 6186 Feb. 1E 1999 ll:04P, P1 F2
Civic Associatic'
328 Id!l{ Goodlette Road South
Naples, Flo~da5 34102
January 29, 1999 (941) 262-242=z
SELECT COMMITTEE ON COMMUNITY CHARACTER
A l~roposalfrorn the Greater Naples Civic Association
The Greater Naples Civic Association, building on the FoCuS Community Visionlag project,
proposes to the Bo~'d of Count>,. Comanissicners that a Select Committee on Communit}' Che. racter be
created.
"No issue facing us today is morc pressrag or difficult than maintaining the current character of
our area m the face of an evcr-increasing popuhtion," reads the GNCA Board's appeal to
Commissioners. "It is critical that the dcvclopment of the remaining 12.000 available acres, as well as all
redevclopment efforts, support and enhance Collier Count>."s u~nique character."
GNCA recommends that the Select Committee take responsibility for achieving six major
objectives, then submitting a final report within one year. Included in its scope of work are:
GIS: Fund and procuJ'e a Geographic Information System, a planning toot that maps all aspects
of current and funHe development
D Greenspace: Pursue acquisition ofopcn space and historic sites i.n the n~xt cy. cl~ of the P-2000
Florida Communities Trust program.
Transportation: Promote a roadway system that relieves congestion through development of
collector roads and bike/pedestri~.n paths, and study of a transit system.
Streetscape: Sec~e permanent funding for capital and maintenance costs of Screetscal~ M~r
Plan.
Community Design Master Plan: Design and implcment an overall plan that integrate~ all
community design elements, including greenspace, rural character, traditional neighborhoods,
infill properties, redevelopmeat areas, traffic cahning, pedestriart/bic)-ele movement, public
spaces, and commercial design.
Historical Landmarks: Enable landmark inventory. as first step toward a preservation
program.
GNCA fu. tther proposes that the Select Committee be ecruposed of not more than 12 persons,
half Urban Design or L,'md Use professionals, and halfcivlc or cormnanitv leaders, ineludi.ng one
Comn,lssioncr. Sufficient fu. nding for necessary land plo. nning consultants'is an inteSral part of the
proposal. '
Information on the Select Conm:irtce on Commttnit'y Character initiative is available by calling
the Greater Naples Civic Association offices at (941) 262-2424. ~
AGENDA IT M
No.~ ~2~/'.i-~ ~
/
FROM: ~RBAN LAND INSTITUTE FAX NO.: 941 597 610E Feb. 1E 19SS ll:84AM F3
The Greater Naples
Civic Association
January 28, 1999 328 ~ Goodlette Road South
TItE COLLIER COUNTY SELECT COI~IMITTEE Naples, Florida 34102
ON COMMUNITY CHARACTER (941 ) 262-2424
A PROPOSAL
BACKGROUND '
No issue facing us today is more pressing or difficult than maintaining the current character of
our metropolitan area environment in the face of an ever increasing population.
we find ourselves at a critical point. The impact of the development of the remaining 12,000
available acres within our urban boundary,, as well as the pattern for future redevelopmerit efforts, will
either help us to support, or serve to undermine, Collier County's unique character. Absent considered
action in the immediate future, the latter seems more likely.
The Board of County Commissioners has recognized the importance of growth management,
and has taken significant action, including the adoption of' Commercial Design Standards, the continuing
support of Collier Naplescape. and creation of the pending plan for lowering density. A more pro-active
approach is warranted. In the 1998 elections more than 200 ballot proposals to limit growth were voted
on throughout the country and the vast majority were adopted. The proposed charter -,tmendments in the
City of Naples serve as local testament to this movement.
Citizen involvement is critical to the success of every community, but the complexity of land
planning issues also requires professional consideraticm. Only with a comprehensive exarmnation of
community character issues. and the weaving together of all design and conservation measures, can we
assure that tornorrow's Collier County v, qtl be as appealing as today' s.
RECOMMENDATION
The Greater Naples Civic Association, building on the FoCuS effort completed in 1998, intends
to concentrate its efforts on facilitating the community character issue. (Please see attached FoCuS final
report to the public.) To that end, we recommend the appointment of a County Select Committee on
Community Character. Composed of community members and professionals working together, this
group would be charged with finalizing the Metropolitan Comprehensive Growth PIan, completing its
work withun a year of its creation.
OBJECTIVES
The Select Committee would accept responsibility from the County Commission for achieving
~he following six major objectives:
1. GIS - Aggressively pursue funding for and procurement of Collier County's GIS system
with online capability/compatibility in the areas of'development services, long-range
plarmi. ng, utilities, transportation and the tax assessor's office by September 1999.
2. Greenspace/Openspace - Securing authorization f'or County Staff to target and pursue
urban open space for acquisition through the P-2000 Florida Communities Trust in the
most immediate funding cycle:
A. Create open space ~d linkages to environmentally sensitive ~reas vi:~ cjustered
development that requires contiguous land I:reservation.
B. Investigate the purchase ofpropeny to erd~ance the open space system m'xd create
the linkages by utilizing all available funding sources including preservation
2000, Florida Community Trust Funding and the Parks and B :creation impact
fee. AGEEND,%,i~4? -
C. Include historic sites, as appropriate. No,- '7
D. Coordinate with the efforts of the Streetscape Master Plan im lementadon
i'!AR u 1: 99
FROM: ~RBAN RAND INSTITUTE FAX NO.: 941 597 6188 Feb. 1E leSS ll:8EAM P4
3. Transportation - Promot~ an efficient roadway system that relieves growing congestion on
major arterial ~oadways and enhances travel opportunities around the count..,:
~ A. Encourage the construction of additional collector roads to create a true grid system
of roads,
B. Support the ;onstruction of bicycle paths and sidewalks along both sides ofcotmty.
ox~ed and maintained arterial and collector roaztways.
C. Support the study of' a transit system to reduce traffic congestion.
4. Streets-cape - Promote and secure .a permanent funding program for the County's
Street-scape Master plan, including both maintenance and capital costs.
5. Community Design Master Plan: With the assistance of consultants as necessary,
design and implement a pIan to:
- integrate and link green/open space
- enhance and promote a rural character
- Lncorporate traditional neighborhood design components
- propose a plan for infiH properties
- identify and promote redevelopment areas
- provide for traffic calming in residential neighborhoods
- aid pedestrian and bicyc!e movement
- plan for public spaces and activity centers
- - review all commercial design and signage
6. Historical landmarks and sites - Secure authorization for the Collier County Museum
to inventory Collier County's historical Landmarks and sites as a step toward the
development of a preservation prograrn.
STRUCTURE
We request that the County Commission consider the ?oilowing proposed guidelines in
structuring the Select Commit'tee on Community, Character:
1. Membership be limited to not more than twelve persons.
2. At least half of the membership be professional persons in the field ofUrba. n DesigTt and
Land Use.
3. The balance of the members represent Civic and Community groups and includes one
member of the County Commission.
4. The Commission appropriate sufficient funds to employ comprehensive platruing
consultants.
5. The final report be submitted to the County Commission no later than one year from the
date of'its first meeting.
CONCLUSION
The Board of the Greater Naples Civic Association presents this proposal to the Board of County
Commissioners for its consideration. As an organization. we pledge to do all within our power
to educate the public concerning the value of these goals to the Future of Collier County, and t~
support the enactment of the community character objectives.
January 28, 1999
AGEND&FEI~
EXECUTIVE SUMMARY
-.---- ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE MARCO ISLAND FILM FESTIVAL, INC.
OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism
Development agreement between Collier County and the Marco Island Film Festival, Inc.
CONSIDERATIONS: On January 25, 1999, the Tourist Development Council unanimously
recommended approval for $56,500 in TDC funding to advertise and promot~ the Marco Island
Film Festival which is scheduled fo~li~tober 20-25, 1999. (Note: the group originally requested
$100,000 in funding.) The agreement is a standard 1999 tourism agreement. Copies of the TDC
application and 1999 tourism agreement are available for review in the Housing and Urban
Improvement office and in the office of Minutes and Records.
FISCAL IMPACT: $56,500 is available in Fund 194 from the Tourist Development Tax Fund.
A budget amendment is needed to transfer funds to the project.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners accept the 1999 Tourism
Development Agreement between Collier County and the Marco Island Film Festival, Inc.,
authorize the Chairwoman to sign the agreement, and approve the associated budget amendment.
03/02/99
PREPARED BY: ~C/~- ~ ~~:~ ~
Helene Caseltine Date
Economic Development Mgr.
~reg Mih~Directo;"? ' / / D~te
d~? Improvement
~PROVED BY _ ~ ~ ~ ~ ~ ? ~
~incent ~. Cautero, AI~P, A~i~straor Date
Coaaty Development ad Enviro~ental Se~ices
jd/g/tdc/marco~lmfest
MAR 0 9 1999
Pg. /
EXECUTIVE SUMMARY
INITIATION OF A CONDITIONAL USE TO ALLOW BOAT DOCKS AS A PERMITTED
PRINCIPAL USE IN BLOCK "H", LITTLE HICKORY SHORES UNIT NO. 3 RE-PLAT.
OBJECTIVE:
Initiation of a Conditional Use to allow boat docks as a permitted principal use in Block
"H", Little Hickory Shores Unit No. 3 re-plat. There is an existing conditional use
(PU-87-17), approved for the Block "G" of the Little Hickory Shores Subdivision.
CONSIDERATIONS:
The Collier County Land Development Code prohibits boat docks as a permitted
principal use on vacant lots, unless a conditional use is approved for this purpose. In
little Hickory Shores area, on Third Street West, there are several lots on the both sides
of the road zoned RSF-4 which are not large enough to contain a house but by the
virtue of being waterfront properties they can be improved by installing boat docks for
water recreational purposes.
In 1960, when Little Hickory Shores No. 3 was platted, these lots were platted as 2
Tracts. Lot "A" on the north side and Lot "B" on the south side of the road. In 1967,
these lots were re-platted to the current configurations. These lots which are around
500 square feet each were intended for boat docks. However, the Collier County
Zoning Ordinance adopted in 1974, requiring a principal use on the land as a pre-
requisite for any accessory uses such as boat docks, made these lots unusable.
In 1987 at the request of the BCC a provisional use (conditional use) was approved for
the area but for some unknown reasons it only included the 23 lots on the north side of
the road and did not include the other remaining 11 lots on the south side of the same
road.
Over the years the Building Department erroneously has issued several building
permits for boat docks for lots located on the south side of the road. Currently a new
boat dock is under investigation as to the circumstances surrounding its permit. The
Bonita Shores Property Owners Association also have a facility which from time to time
will require alteration due to deterioration or expansion.
FISCAL IMPACT:
If the BCC directs staff to amend the existing conditional use to include the 11 lots on
/.-. the south side of the road those lots will be developed with docks. This action should
increase the value of those properties, which in turn will have a positive impac' nn the,
Ad-valorem tax base. "~.~-N~t~,~
1 MAR 0 9 1999
GROVVTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
STAFF RECOMMENDATION:
That the Board of County Commissioners initiate a Conditional Use application to
include the existing 11 lots in Block "H", Little Hickory Shores No. 3 re-plat, on the south
side of third Street West as lots that may contain boat docks without the necessity of
having a principal residence.
2 MAR 0 9 1999
PREPARED BY:
c~rc4~ ~_j~¼ ~,, Z-/~ ~/~q
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
/RE~,EWED B~.:
CURRENT PLANNING SECTION
R/O T MULHERE, DIRECTOR DATE
BER J. AICP,
PLANNING SERVICES
APPR_OVED~Y:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
3 MAR 0 9 1999
iESCLUTION 87-
__
RELATII~G rC ~ETITION NO. PU-87-17C FOR
pROVISIONAL I'SE OF PROPERTY HEKEINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
~'HEREAS, 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
~tEREAS, The County pursuant thereto has adopted a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
provisional uses; and
~tEKEAS, the Collier County Planming 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 Provisional Use "a" in
a RS~-4 zone for the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and
arrangement has been made concerning all applicable matters required by
said regulations and in accordance with Section 13 - ld of the Zoning
Regulations for the Collier County Planning Commission; and
WtEREAS, all interested narties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented.
NOW, THEKEFORE BE IT rESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that the petition of Community Development
Division, representing the Board of County Commissioners, with respect to
the property hereinafter described as:
Lots 1 through 23s DIocK'"G!~, Li~CA~ n~c~ory oaure~, ...........
Unit ~3, as recorded in Plat Book 6, Page 2, Official -'
Records of Collier County
MAR 0 9 1989
be and the same is hereby approved for Provisional Use "a" of the RSF-4
zoning district for Non-Commercial Boat Launching Facilities, subject to
/ the following conditions:
a. At time of obtaining a dock permit, a right-of-way permit
shall be obtained and the owner shall provide access
improvements to prevent damage to the roadway and roadway
drainage improvements.
b. All boat docks erected on the subject lots must comply
with Section 8.46 of the Zoning Ordinance (82-2).
BE IT FURTHER RESOLVED that this resolution be recorded in the
minutes of this Board.
Commissioner Pistcr offered the foregoing resolution
and moved its adoption, seconded by Commissioner
and upon roll call, the vote was:
AYES: Com.missioners Pistor, Goodnight, Glass, Saunders and Hasse
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this 27th day of October , 1987.
z.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
JAMES '.C~.. GILES , CLERK
By:
VIrg~la Magri, u~j~u=y~ Ci~k ' "'--'
"'APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
R. BRUCE ANDERSON '-
·
· .
MAR 0 9 1989
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MAR 0 9 1999
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EXECUTIVE SUMMARY
LYNNE h. DREYER, REPRESENTING THE COLLIER COUNTY MEDICAL SOCIETY
ALLIANCE FOUNDATION; REQUESTING A WAIVER OF THE RIGHT-OF-WAY
PERMIT FEE FOR THE CLOSING OF VINEYARDS BOULEVARD FOR THE
WOMEN'S HEALTHWEEK RACE TO BE HELD ON MARCH 13, 1999.
OBJECTIVE:
For the Board of County Commissioners to make a determination to either waive or not
waive permit fees for a right-of-way permit application. The Petitioner requests a waiver
of the required $125 application fee for a right-of-way permit for a street closing for a
race to be held on March 13, 1999 in Vineyards subdivision. Since there are no criteria
for the waiving of fees, the Board of County Co. mmissioners must evaluate each fee
waiver application on a case by case basis.
CONSIDERATIONS:
The County's Right-of-Way Ordinance (No. 93-64) identifies the need to temporarily
close County rights-of-way for certain special events. The required application fee for
such a permit is $125. The Collier County Medical Society Alliance Foundation is
holding a Women's Healthweek Race during the Fourth Annual Women's Health Week
"Celebration of Families" in the Vineyards subdivision. The Petitioner requests the fee
waiver based on the fact that the proceeds are to benefit Step by Step, PACE Center for
Girls, Catholic Charities, and Naples Alliance for Children and Youth.
FISCAL IMPACT:
Revenues for Fund 113 (Community Development Enterprise Fund) are generated from
fees established in the Schedule of Development Review and Building Permit Fees. It is
a Board policy that requests for ~,vaiver of such fees are granted only by the Board. The
term waiver is a bit of 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 annual fiscal impact resulting from these types of
fee waivers is $2,200.00 per year. The required application fee for such a permit is
$125.
MAR 0 9 1999
GROWTH MANAGEMENT IMPACT:
The granting of this waiver will have no impact on the Growth Management Plan.
RECOMMENDATION:
Fee waiver applications may only be approved by the Collier County Board of County
Commissioners. 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. Therefore staff can only recommend denial for fee waiver requests.
PREPARED BY:
FR~L~PLANNER DATE
CURRENT PLANNING
,/'REVIEWE .BY:
ONALD F. N N , AICP DATE
CURRENT PLANNING MANAGER
~ ~-2,-2 -~,.~
~'RO~ERT J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
,.--.-- AGE
EXECUTIVE SUMMARY/ROW PERMIT FEE WAIVER
MAR 0 9 1999
2
pg. ~
COLLIER COUNTY MEDICAL SOCIETY
ALLIANCE FOUNDATION i. 2, !' --i
WOMEN'S HEALTH WEEK 1999 ..... .. ,.
7035 Green Tree Drive ,~ Naples, Florida 34108 ,: Phone (941) 594-1953 .~ Fax (941) 594-2964
C0t~qTY AD!. i~15:
Robert F. Fernandez I~O: ~ ~f'; ....
Collier County Administrator "
3301 Tamiami Trail East
Naples. ~ 34112 STAFF FIt
BY: T ' ' '
RE: Women's Healthweek Race -- March 13, 1999Nineyards
R~UES i for PUBLIC PETiTiON - WAIVER ~F PERN.IIT ~E
Dear Mr. Fernandez:
The Collier County Medical Society Alliance (CCMSA), with the assistance of Gulf Coast Runners, is again
planning to sponsor a 5 mile Race in the Vineyards in conjunction with the Fourth Annual Women's Health Week
- "A Celebration of Fadlies" (March 13 - 19, 1999), Proceeds from the race and all of the activities planned for
this week will benefit four local charities: Step by Step, PACE Center for Girls, Catholic Ch~ities and Naples
Alliance for Children & Youth. CCMSA would like to placed on the Board of County Co~issioners agenda so
that we may request a waiver of the $125.00 county permit fee for this charity event.
In its first three years, the Women' s Health Week campaign of awareness, education and support, has reached over
50,000 people and raised over $92,000.00 for local charities through the comprehensive, week-long format of
events. The 5 mile Race~un Walk has become an integral part of this week as a wonderful way to promote family
participation and wellness.
The details of the race remain unchanged from the last three years and are enclosed for your reference. Additionally
Gull* Coast Runners will be supplying the necessary cones for traffic control and we plan to have a number of
volunteers on hand to help with directing vehicles. We have notified Ms. Dianne FlagS, Director of Emergency
Services and Lt. Bill Stiess of the Collier County Sherifles Department of our plans lbr this race.
PLEASE SEND WRITTEN CORRESPONDENCE DIRECTLY TO MY ATTENTION at: 3161 Regatta Rd,,
Naples, FL 34103, Should you have any further questions. I can be reached at 261-4124. Thank you in advance
Sincerely,
Lynne H. Dreyer
1999 WHW Race Director
"A Celebration of Families"
Fourth Annual Women's Health Week
5 Mile Run/1 Mile Fun Walk
Race Details
Date: Saturday, March 13, 1999
Location: Vineyards Boulevard
Start Time: 7:30AM
Distance: 5 Miles
Approx. Duration: 1 Hour
---- Expected No. Runners: 200 - 300
COURSE: Start on East side of Vineyards Blvd. just north of entrance to Vineyards Elementary
School. heading South against traffic. Turn around at 2.4 mile mark at last median before
reaching Pine Ridge Road. Continue Northbound on Vineyards Blvd. on West side of road
against traffic. Race finishes up into entrance road to Vineyards ElementaD,. ending in front of
Vineyards community Center (see attached map ).
In addition to the 5 mile road race. a 1 mile Fun Walk around the lake behind the Vineyards
Community Center will begin at IS:30AM and end approximately one hour later.
WOMEN'S HEALTH WEEK
S M'de Race - C~a~ Mop
Vineyards Community Center
7:30 AM, Saturday, March ! ;~l /
l/anderbilt E~tension
Ilmmmm~
V1nevarth Park RUles:
_ Carom.
l. Parkimg: D~e to omer
activitle~ in the park that
morning, runnen are asked
to park in the iota furthest
from the Commuaity Ccnler,
closer toVlneym ch BIrd. and
(railrod control ~dll I~ on
aige la eaforce), aico~4ic ~ The
amd drm~e/any klad an
· stop
~ M//e Race Cm/rse: (1.5 mid) ,
~ Dr~e). Head South
a abma 2.d mile mark,
R/dge Rom~ Head Norm
MAR 0 9
EXECUTIVE SUMMARY
PETE HAVRAN, REPRESENTING THE NAPLES/AIRPORT KIWANIS CLUB;
REQUESTING A WAIVER OF THE TEMPORARY USE PERMIT FEE FOR A SPECIAL
EVENT HELD ON DECEMBER 12, 1998 IN GOLDEN GATE.
OBJECTIVE:
For the Board of County Commissioners to make a determination to either waive or not
waive permit fees for a Temporary Use permit application. The Petitioner requests a
waiver of the required $75 application fee for a Temporary Use permit for a special
event held on December 12, 1998 in Golden Gate. Since there are no criteria for the
waiving of fees, the Board of County Commissioners must evaluate each fee waiver
application on a case by case basis.
CONSIDERATIONS:
The County's Land Development Code identifies the need for Temporary Use permits
for certain special events. The required application fee for such a permit is $75. The
Naples-Airport Kiwanis Club held a "garage sale" at the Sunshine Plaza on CR 951 in
Golden Gate, and as a service organization, requests the fee waiver based on the fact
that the proceeds were to benefit Habitat for Humanity.
FISCAL IMPACT:
Revenues for Fund 113 (Community Development Enterprise Fund) are generated from
fees established in the Schedule of Development Review and Building Permit Fees. It is
a Board policy that requests for waiver of such fees are granted only by the Board. The
term waiver is a bit of 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 annual fiscal impact resulting from these types of
fee waivers is $2,200.00 per year. The required application fee for such a permit is $75.
MAR 0 9 1999
GROWTH MANAGEMENT IMPACT:
The granting of this waiver will have no impact on the Growth Management Plan.
RECOMMENDATION:
Fee waiver applications may only be approved by the Collier County Board of County
Commissioners. 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. Therefore staff can only recommend denial for fee waiver requests.
PREPARED BY:
OR PLANNER DATE
REVIEWED,~Y:
'~0NALD F. NINO, AICP DATE
~URRENT PLANNING MANAGER
LHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED ,BY:
VINCENT A. CAU~ERO, AICP DATE
COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~TOR
EXECUTIVE SUMMARY/TU PERMIT FEE WAIVER
MAR 0 9 1999
2
F E P I '~ REIYD
MEMORANDUM ....
DATE: February 10, 1999
TO: Robert F. Fernandez, County Administrator
FILE:
FROM: Timothy J. Constantine, Vice Chairman
Commissioner, District 3
RE: Naples/Airport Kiwanis Club
I consider the attached documents received from the Naples/Airport Kiwanis Club to be
a request to be placed on a Board of County Commissioners agenda. Please place it on
the next available agenda. Thank you.
othy J. Cor~nhne, tTice Chairman
Commissioner, District 3
TJC:cb
cc: Mr. Pete Havran
c/o Floor Coverings International
4110 11th Avenue SW
Naples, Florida 34116
353-6664
MAR 0 9 '1999
..~,~, F.L.O.O.R
Th~ Carpet Store At Your Door
MAR 0 9 '1999
f
4110 1 lth Avenue South West · Naples, Florida 33999 · 813 353-6664
COLLIER COUNTY
TEMPORARY USE PERMIT
TU- 980661
SPECIAL EVENT
[Z'Tempcrary Sales
[] Temporary Sports, Religious, or Community Event
[] Sign Only
[] Temporary Seasonal Sales: rmChristmas Trees; [] Fireworks; [] Pumpkins
Shopping Center:
Bus;ness Name:
H
/
Event Address: __.2
Event Dates: This permit is effective from
Property Owner:
Name:
Address:
Phone:
Name:
Address: 22//v/uo4 8c ~ o ~ovT~
Phone: ¢Y/- ~ ~- ~ q ~ ~ ........
..
~AR 0 9 1999
:.-.. -
Restrooms:
[] existing facilities will be available
Erportable facilities are shown on the site plan
Security Guard:
[] security will be provided
Ersecurity will not be provided
Other Requirements:
By acceptance of this permit, the applicant agrees to defend, hold harmless and
indemnify Collier County and its agents from any and all liability which may arise as a
result of the issuance of this permit and agrees to conform with applicable provisions of
the Collier County Land Development Code.
I, 'V,J~-:'-'-'~/%-tbe ,jm ~ ~ , property owner or property manager of the
subject 'property, ~permit ~ 1<, ', v,, ~..~-'. s (2 .j~_(o to use the property, as
,,-_ described herein during the time period indicated. I understand that Collier County Land
Devebpment Code Section 2.6.33.6.2 permits a total of 28 days per cafendar year (up
to 14 consecutive days} for special events on this prope~y.
,, -,~ i Z- l c -
Prope~y (2~'~Na~nac'~r Date
Approval:
Planner U 'Date
This permit does not constitute approvals which may also be necessary under othe,
local, state and federal regulations, including, but not limited to right-of-way permit,
building permit, FAA, FCC, fire district, & DEP. This TU permit is issued pursuant to
information provided by the applicant.
TU permit fee: $75
Checks payable to: Board of County Commissioners
COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
-'- 2800 North Horseshoe Drive
Naples, FL 34104 -
941-403-2400
MAR 0 9 1999
3
. ._~
WYNN PROPERTIES
December 1, 1998
Collier County
Naples, FL 33999
Re: Golden Gate Center
Property ID# 35640560001
To Whom It May Concern:
I hereby give authorization for Naples/Airport Kiwanis Club to hold a garage sale on
Saturday, December 1. 2, 1998, at the above mentioned shopping center.
Sincerely,
Property Owner
Sunshine Ace Hardware, Inc./DBA
Wynn Properties
STATE OF FLORIDA
COUNTY OF LEE
Sworn to and subscribed before me the 15T day of~ A.D. 1
NOTARY PUBLIC
'~..~_~"~ My Conv'n~3,n 00,5,~9434
, / ,
MAR 0 9 1999
9220 BONITA BEACH ROAD · SUITE 200 · BONITA SPRINGS, FL 34i35
(941) 947-4848. FAX (941) 947-6791
WILSON, MILLER, BARTON Project
Project # - W.O. #
& PEEK, INC. Calculated By Date
Engineers, Planners, Surveyors, Landscape Architects, Checked By Date
~.,~ Environmental Consultants Sheet of Scale
';~
-
tvlAR 0 9 1999
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
f Trans Number Date Post Date ! Payment Slip Nbr
1107746 12/10/1998 4:34:36 PM 12/11/1998 MS 46270
KIWANIS CLUB
2335 C.R. 951
Payor: KIWANIS CLUB OF NAPLES
Fee Information
I Fee Code i Description USE GL Account Amountt Waived
'111TUSE SPECIAL EVENTS TEMPORARY 11313890034394000000 $75.00
Total $75.00
Payments
IPayment Code i Account/Check Number Amount
CHECK i 1089 $75.00
Total Cash $0.00
Total Non-Cash $75,00
Total Paid [ $75,00
Memo:
TEMP. USE#98-661
Cashier/location: GARRETT_S / 1
User: SOTER_C
MAR 0 9 1999
Collier County Board of County Commissioners Printed:12/10/1998 4:35:09 PM
CD-Plus for Windows 95/NT
EXECUTIVE SUMMARY
PRESENTATION BY THE STATE OF FLORIDA DIVISION OF
STATE, LAND ACQUISITION SECTION REGARDING THE
STATE'S ONGOING EFFORTS TO PURCHASE LANDS IN THE
AREA OF COLLIER COUNTY KNOW AS THE SOUTHERN
GOLDEN GATE ESTATES.
OBJECTIVE: To provide the Board of County Commissioners ~c.d'ttie~ public with an
update as to the progress the State has made with respect to land acquisition, particularly
in the area known as Southern Golden Gate Estates. Additionally, the Director of the Big
Cypress Basin, Mr. Clarence Tears, will give an update on hydrologic restoration plans for
this area.
CONSIDERATION: The State of Florida has been actively pursuing acquisition of
lands in the Avatar Southern Golden Gate Estates Subdivision for some time. In response
to complaints by property owners that previous appraisals on the land were undervalued,
the State recently completed new appraisals. Information from the Bureau of Land
Acquisition indicates that, based on these appraisals, acquisition of these lands is now
proceeding and that approximately eighty percent of the lands have already been either
acquired or are under contract. Ed Kuster, Bureau Chief, Bureau of Land Acquisition,
Ralph Pickens, Assistant Bureau Chief, and Liz Kobbins, Acquisition Section Head will be
making a presentation updating the Board on the progress of this acquisition program, as
well as other State land acquisition efforts in Collier County.
Following this, Clarence Tears, Director of the Big Cypress Basin will give the Board a
brief presentation on hydrologic restoration plans for Southern Golden Gate Estates.
FISCAL IMPACT: Not Applicable. This is an information item. There is no staff
recommendation.
STAFF RECOMMENDATION: This is an information item. There is no staff
recommendation.
Robein J. Mulhere, AICP '
Vincent A. Cautero, AICP
Community Development & Environmental Services Administrator
EXECUTIVE SUMMARY
APPROVE AMENDMENT TO THE EAGLE CREEK
SEWER SERVICE AGREEMENT
OBJECTIVE: Obtain Board of County Commissioners, as the ex-officio Board of the Collier
County Water-Sewer District (CCWSD), approval of an amendment to the Eagle Creek Sewer
Service Agreement. The Amendment allows the County to assume responsibility for the
provision of sewer service on or about October 1, 1999.
CONSIDERATIONS: On April 29, 1998 the County and Eagle Creek entered into a
Settlement Agreement regarding the provision of sewer service to the Eagle Creek Development.
The settlement provides for the County to assume sewer service responsibility on September 30,
2000. Eagle Creek representatives subsequently approached staff with a request to advance the
service turnover date. Staff reviewed the matter and determined that advancing the turnover date
would be advantageous for the County and Eagle Creek. Accordingly, staff recommends
approval of the attached amendment to the Eagle Creek Settlement Agreement.
FISCAL IMPACT: Annual sewer user fee revenue from the Eagle Creek Development is
estimated to be $140,800. Assuming that the County will provide service eleven months earlier
than planned, the County will realize an increase of $129,067 in user fee revenue. The County is
connecting the Eagle's Creek sewer system to the County sewer system. The cost of completing
the facilities required for connection is S250,000, this cost would be incurred with or without the
amendment.
Funds are currently budgeted in the County Sewer Capital Projects in the amount of $197,241.
As a result of the aforementioned settlement agreement, the revised construction cost estimates
for the lift station and force main needed for connection is $250,000. The improvements to be
constructed would be more appropriately funded through sexver impact fees. Accordingly, staff
requests approval for Budget Amendments creating a $250,000 budget in sewer impact fees and
eliminating the $197,241 budget and returning those funds to Reserve for Capital Outlay.
Sewer impact fee reserves will be reduced by $250,000 and placed into the Eagle Creek Master
Pump Station & Force Main project.
GROWTH MANAGEMENT IMPACT: The South County Wastewater Facilities were
designed and constructed with the intent of serving the Eagle Creek Development.
RECOMMENDATION: Staff recommends that the Board of Commissioners approve the
attached Amendment to the Eagle Creek Settlement Agreement.
aft; Saylor, ~'~i~r~itive ASsistant II 'Dat~
AMENDMENT TO AGREEMENT
This amendment to agreement is made and entered into by and between Eagle Creek
Properties, Inc., and Eagle Creek Utility Company II, Inc., (Eagle Creek) and Collier County and
the Collier County Water-Sewer District (Collier) this __ day of ,1999.
RECITALS
a. Eagle Creek and Collier are partieg to that certain Settlement Agreement in Collier
County Circuit Court case number 93-0518-CA-01-TB which was approved by
the Court on or around April 29, 1998.
b. Paragraph 12 of the Settlement Agreement provides that Eagle Creek shall be
permitted to operate a sewer system serving the Eagle Creek Planned Unit
Development until September 30, 2000.
c. Notwithstanding paragraph 12 of the Settlement Agreement, the parties desire that
Collier commence providing sewer service to the Eagle Creek Planned Unit
Development when master pump station becomes operational on or about October
1, 1999.
NOW TItEREFORE, the parties agree as follows:
1. The above recitals are true and correct.
2. Collier shall commence complete responsibility for the provision of sewer service to the
Eagle Creek Planned Unit Development when master pump station becomes operational
on or about October 1, 1999.
3. Contemporaneous with Collier's assumption of the responsibility for the provision of
sewer service to the Eagle Creek Planned Unit Development, Eagle Creek shall transfer
Page 1 of 3 ~ MAR
A, to Collier those items required by paragraph 13 of the Settlement Agreement.
4. Eagle Creek is the owner of an Easement for Utility Maintenance, Repairs and
Replacement which is recorded at OR 2339 PG 2950 of the public records of Collier
County, Florida, a copy of which is attached hereto as Exhibit A. Contemporaneous with
Collier' s assumption of the responsibility for the provision of sewer service to the Eagle
Creek Planned Unit Development, Eagle Creek shall assign the Easement to Collier.
5. Prior to its assumption of the responsibility for the provision of sewer service to the Eagle
Creek Planned Unit Development, Collier shall determine and define the necessary utility
easements required for the operation of the existing sewage collection and transmission
system within the Eagle Creek Planned Unit Development and Eagle Creek shall transfer
or convey those easements to Collier.
.~ 6. In all other respects, the Settlement Agreement between the parties shall stand as written.
IN WITNESS WHEREOF, the parties have executed this agreement on the dates indicated.
Witnesses: EAGLE CREEK
PROPERTIES, INC.
Print Name
'~" Print Name //
Page 2 of 3
EAGLE CREEK
UTILITY II, INC.
DavidVA~nico, J~sFdenj'~
/rm[q /(45.
P~t N~e
P~t N~e /
BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AS THE
GOVERING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF
THE COLLIER COUNTY
WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk of Courts
BY: By:
(Seal) Pamela S. Mac'Kie, Cba{rwoman
Assistant County Attorney Page 3 of 3 ~ ~i~',i"j ~ ~ 'Z2,
/-/-1(JR: Z339 PG: 2950
JOHM ~:~O~,D: RICORD~D in t~, .t~ICiAA HCORDS o~ COLLIB~ COUMTY, ~L DOe-.70 ,]0 -
PICK uP 08R0/97 a~ (8:IbAM DWIGHT Z. 5ROC[, CLXE
~SE~ENT FOR IF. 'T~-YA~ANCE. ~PA~S A~D ~PLACE~ENT
THIS EASELS.. T, made ebctive the 30~h d~y of September, 1996 between EAGLE
C~EK GOLF ~ CC ~Y CL~, ~C., a Florida not-for-profit coloration,
Cr~ck Drive, N~ples, F]o 'id~ 33962, O~O~ and EAGLE C~EK UT~ITY
coloration, One EaE]~ C. '¢¢k D~ve, Naples, Fio~da 33962, G~T~:
WITME
That th60~[)~ for ~d in consid;ration of the sum of One Dollar ($I,00) and other
good ~d v~u~]e ~ns]d~ 'at]on pa~d by the G~TEE, r~c~{pt ofwHch {s hereby ac~owledg~d,
does hereby ~t unto ~h~ ~nte~ a p:~m~, nonexclusive ~sement, license, and p~vii:g: ~o ~nt~r
upon ~d to ~[ ~d m~.' Kain ut{lity facilities above and b~low ground on the foliowinE described
and des]~ated land being, located ~n Coillet County, Florida to-wit:
(S~e attact~ ~d Etbk "A" w~ch ~s inco~orat~d by r~f~r~nc~ h~r;in)
TO ~ ~ 70 HOLD tho sm~ unto ~d G~
fight ~o ~nt; upon s~d ]~ ] for ~h~ pu~os~ of cons;rooting, mainta{~n~, replacing and/or r~p~ng
th~ ut~l~ facilities thereon as required, and to pofform such work wkh reason~le d{spatch and ~n a
r~asonabl~ prudent ma~, :r so as not to unduly interfere wkh or obstruct the golf course or any
facilities or their us~ by G 'antor's members, ~ests and invk¢~s, Except ~n an emergency, Grante~
a~e~s to ~v~ ~tor ~e ~-four (24) hours not~c~ b~foro utHky work commences on th~ easement
~d a~ees ~o ~de~ an ] hold ~antor ha~oss ~om and aga~n~ ~y all costs, ~penses, losses,
damag~ or other charge; whatsoovCr {ncu~d by ~antor that ~ant~ or Grant~o's employees,
agents or insteps shall c~us~ b~yond th~ pe~ts and pu~oses of the ~as~m~nt h:r~in grated,
~tor ~I us~ ks b~ d.~Rs ~o k:ep ~: e~m~t ~eas open and accessible ~o Grante~ for {ngress .,
and e~ess for the purpos~:s heroin set loeb,
At such t~: ~ a ~ ove~:ntal ag:noy takes over ~anle~'s r~spons]bilit{~s grated h~re]n,
E~bit A - 1
,.
Gr*antor agrees to amend tl,is easement to conform with the standard governmental utility- easement
used in Collier County. FI >fida for the purposes stated heroin.
IN WITNESS W~ -I]EREOF the GRANTOR his caused these presents to be executed this
grk day of August, 195.7.
Signed, Sealed and Delive red EAGLE CREEK GOLF AND
, ., '
O/Oft r, . a5 . Allen S. Penman, President
Witness Printed Name
Witness #2
Witness Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
Before me personi .lly appeared ALLEN S. PENMAn, to m~ well known and known to be
fi~e individual described in and who executed the foregoing instrument as President of Eagle Creek
Golly' and Country Club, I! c., a :Florida not- for-profit corporation, and he severally acknowledged
to and before me that he e× ~.cuted such instrument as such officer of the said corporation and that the
seal ~.ffixed to the for~g~ ng instrument is the corporate seal of said corporation and that it was
affixed to said instrument b z due and regular corporate authority, and That said instrument is the free
act and deed of said corpc ration. He is known to me and did not take an oath.
'.,~t ~,~ Loft C ,rn~l iuS 2 ~ .
Notary Publi~ Printad Name
(SEAL) My Commissian Expires:
Exhibit A - 2 i ~'j' '7
· ' ;scription of ptu't of the t'rncl Map of
~ Eagle Creek CountrJ Ctub,
Phil Boot; 14, pages I through ~,
Collier County, Rori~
, (For ~gle Creek Golf and Counlry Club, Inc.)
Description of lhrccI~ su~n ~cd:
All o[ Trncts 'H", "K' Soul i, "~ Noah' nnd "L" according Io. fi~c Trncl ~np of ~glc Creek
Country Club. Plnl Book }d pages } throuCh,5, Coillet CotinS),, Finthin;
All ~lml p~rt of the 'Golf ,':nurse ~m" parcel nccofdin~ to the Trnct Mqli of ~l~lc Creek
Count~ Club, PInt Book 14. pages I through 5, Collier Coumy, Fioddn, Xc~ nnd cxccptinc ~hc
¢asl ~3.00 feet;
~0 I~S a~tl exce,I;nc/ran xala 'G01F Courst ~ast" parcel dm [olloxvht~ described parcel;
Commontinc at the somber: corner of Section 4, TOwnslt~p 51 South. Rzn~c 2G ~St. Collier
County. Florida;
the.co ntong the east Ibm of sa{d Section 4, North 0'2T4~" ~t 280.03 Feat to the POINT OF
BEGINNING of lh¢ Scwn~c Tre~nncnt Site l~cfcln described;
therico Noflh 89'3T 6" %Vest 124.00 feet:
thence North .14 '32' 6" West 55.15 Feet;
thence NOrth 0'2T4.." ~st 191.03 fcct;
timnee Nortl~ 24 '0-1'. 4" E~st 119.81 feet;
Ihcnc¢ North 0'27',1 ,' ~st 95.00 feet;
thence North 29'0t' .4" East 125.48
~ .
thence South 89'32' 6' ~ast 55.00 feet to a parent On thc cast llne of said Section 4;
. themice alone IhC cos line of said Section 4. South 0'27'44' Wast ~25.00 fcct to
Poi.t of Bughutln8 c:' the parcel hctcin cxccptcch
All that part of tlxc "GoiF t:oursc Waxt' parcel accofdh~g lo the Tract Map of l~glc Creek
Country Club, Plat Book l,l,.pn~es I throuCtt 5, Collier County, Utarlda, luss and cxccptin~ the
follOwinc described parcels;
Conhucncing ~1 Ihc soud~w¢. t conmr or' Site 55, accofdin~ to tim pint or Creek Bed ~slnlcs,
Book N, pace 60. Cotlicr County. Rorida:
thence alon~ th~ soulh line c[ mid Site ~5, South 5i'D0'00" ~st 2~.20 fccl to the POINT OF
13~GINNING of IhC parcel t crchl cxcclxctl;
H~cncc CmHimm ~om said line, Soufl~ 61 '00'~" ~nst 26.40
fl~uncu lc:wi~g sa~d.I; m, Norill 70'28'00" Wcct ~6.05
thence NOtCh t9'32' 10" Eqst 4.~7 Fcct ~o tim Polnl of Gcghufin~ of the parcel hcfcht
excepted;
AI${~ luxx and ~Pqnc fros, nid 'Golf Course we=t" parcel the [allowing dcscribcd parcel:
BEGINNING at the mulhcGst corner or S;tc 59, accordinG to Ihc pint of Crack Bed
~stams, Pla~ Bank 1,. page 60, Collier County. Florida; "~
thuncc South 4 '00'0[ ~ ~ls~ 5.00 feet;
thence South 8G'00q0".Wcst 6~,OO feel:
thence Norlh 4 'O0'0':" West '5.00 [cat to the sattlh line of xn~d Site
thence alone mid lie:, Noah 8G'~'O0" ~t 65.00 Fcct to tim Point of Bethraing 0¢
parcel heroin cxccplc J;
All ofTmet "I' nc~q[dlng le the Tract Map of ~Clc Creek Country Club. PIll Book DI. paces
t ~%, 5. Coillet Cotrely. Florida, lcu and zxccptin: the followlna described parcel;
BGGtNN1NG at tcfcn nee point' mm~bcr I a~ shown on the bmmdary of mid Tract
or said "F.~tc Creek :omury Chub"'.
tlmncu :along the south, zcstcrly binrod;try of said Tract 'V, northwesterly 7~.28 feet nloa~
the arc of a circular n~c co~cavc to the southwest, having a rndhtx of 345.00 feet.
Ihrou;h a ccmfal angk of 13'00'~' and being subtendeft by a ¢l~ord which bears Ntulh
,17'~0'00" Wcsl 7g. I I feet:
thence continue along ~ dd boundary North 5.1 'O0'O0' West t 1.44 fcct to a point orcusp;
thence Icavlag dxc ban ~dnry of mid Trnct "1" muSheasterly. easterly and northeasterly
67.20 I~ct. along the n: c OI n notl-iangcnllal circular cu~ coac:tvc to thc north. hnv;ng~
~ r;Idhl~ uf 50.00 [cot, through a central :m~lc of 77'00'~" :rod b~h~g subtcndCd by
chord whicl~ bears No, :h S7'30'Q0" ~st 62.25 C~ct;
thcncc North 49'60'~::' ~15[ 223.~0
thence northeasterly ~ ?.12 [cct alonB Htc arc of a circular ctl~c co/tc~vc [o the
northwest, having a r; dius or 202.35 Ccct, through = central nnClc of 13'20'32" and
bulnC subtcndcd by a c.:ard wl~;ch bears Nor;h .42';g'44" ~st 47.0t rcct to a point on
dm nor[Itcaslcrly boun: ;try of said Tract
dinace MonC said bomulary Ibm South 54'20'32" ~qst ~7.~ rout to {he most norlhcrly
Iminl or said Tract "A':
thence along the non. wcstcrly batmdary o~ sa;d Tfacl .'A", Soilill ,19'00'~"
3~0.35 Feet tO the Pelts Of Gc;imxia~ of the parcel heroin excel}led;'
bcarln~ arc ~nscd on the was Boo of {he Tract Map of ~glc Crock County Club, bcinC NorIt
09'0Y29" W¢st.
EXECUTIVE SUMMARY
RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN FLORIDA
GOVE~/%L UTILITY AUTHORITY AND COLLIER COUNTY RELATING TO THE
POTENTIAL ACQUISITION OF THE GOLDEN GATE UTILITY SYSTEM.
OBJECTIVE: Board approval of a resolution and interlocal
agreement between Florida Governmental Utility Authority and
Collier County relating to the potential acquisition of the
Golden Gate Utility System.
CONSIDERATIONS: On January 26, 1999, the Board received a report
describing the efforts and purposes of the multi-county entity
known as the Governmental Utility Authority (GUA) concerning all
water and waste-water utility systems owned or controlled by
Avatar Holdings, Inc. or its subsidiaries ("Avatar") within the
State of Florida. A copy of the January 26, 1999 Agenda Item
8B (1) Executive Summary is provided with this Item. The
acquisition of the Avatar systems by the GUA is going forward, to
date, with a transaction closing set on or about March 31, 1999.
The Board indicated on January 26, 1999 that it desired to
preserve its option, but not the obligation to later acquire the
Avatar-Golden Gate utility system, and staff communicated same to
the interlocal working group. Subsequently, by letter dated
February 11, 1999 (copy attached) , an Interlocal Agreement
Relating to the Acquisition of the Golden Gate Utility System has
been provided to the County on behalf of the interlocal advisory
group, been reviewed and revised slightly by county staff and is
submitted for Board review and approval.
The salient points of this Interlocal Agreement are:
1. The Florida Governmental Utility Authority (GUA) has entered
into an agreement to purchase certain water and wastewater
utility facilities owned/or controlled by Avatar Holdings,
Inc. and its subsidiaries ( "Avatar" ) and such utility
facilities include a water and wastewater utility system
located in Collier County, Florida also known as the "Golden
Gate Utility System."
2. The right, but not the obligation, for the Collier County
Water-Sewer District to acquire all, but not less than all, of
the assets, liabilities, obligations, and responsibilities
relating to the Golden Gate Utility System for so long as the
Golden Gate Utility System is owned or controlled by the GUA.
9 1S)9
I
'~\
3. Oversight of Rates, Fees and Charges by the County: agreement
of GUA and District that the County or County's designee shall
have the power to review and/or approve rates, fees and
charges relating to the Golden Gate Utility System, pursuant
to parameters described on page 4 of the Interlocal Agreement.
4. GUA voluntarily agrees that the Golden Gate Utility System
shall continue to be subject to regulatory oversight by the
County.
FISCAL IMPACT: None at this time.
GROWTH MAI~AGEMENT IMPACT: Not applicable.
RECOPI~ENDATION: That the Board of County Commissioners as ex
officio the governing body of the Collier County Water-Sewer
District approve the attached Resolution and Interlocal Agreement
and authorize its chairwoman to execute the documents.
Prepared by:
David C. Weigel O" D t
County Attorney
Prepared by:
2-3-
Ed Ilschn~r, 'Administrator Date
Public Works Division
h:ew/executive summaries/1999/lnterlocal Golden Gate Utility
Executive Summary
Further Information Reqardin.q Statewide Efforts to Acquire Avatar
Holdinqs, Inc. Utility Systems
Objective: To update the Board of County Commissioners (BCC) regarding an
interlocal agreement entered into by the Sarasota, Hillsborough, Lee, Polk,
Osceola and Brevard counties concerning all water and wastewater utility
systems owned or controlled by Avatar Holdings, Inc., or its subsidiaries
("Avatar"). within the state of Florida.
Considerations: On August 4, 1998, the BCC was briefed on the
development of an Interlocal Agreement allowing for an investigation of the
feasibility of creating a multiple-jurisdiction governmental authority to acquire
and hold all of the water and wastewater utility systems owned by Avatar in the
state of Florida. Avatar's utility systems are located within Brevard, Polk,
Osceola, Hillsborough, Sarasota, Lee, and Collier Counties. In August the
County Commission declined to enter into an Interlocal Agreement with the other
counties or to direct Collier County staff to participate in the investigation of such
an undertaking. However, the Commission did encourage the other counties
and the feasibility working group to share additional information with the county
in the future. Notice of all progress meetings involved in this matter have been
provided to the County.
The Interlocal Agreement entered into by Lee, Sarasota, Hillsborough, Osceola,
Polk, and Brevard Counties created an interlocal advisory group and a
negotiating team to continue discussions with Avatar. These discussions have
resulted in a Summary of Acquisition Terms acceptable to Avatar and approved
by the designated interlocal advisory working group.
During discussions with Avatar the interlocal working group has been made
aware of another offer from an investor-owned utility organization; which the
working group represents would require the investor-owner to seek a substantial
rate increase in order to recover its investment. On the other hand, the
Summary of Acquisition Terms worked out by the interlocal advisory group
pursuant to the Interlocal Agreement was done within the constraint that the
acquisition by a public entity must not result in an increase in rates to rate
payers as a result of the acquisition.
The advisory group has provided copies of preliminary due diligence, debt
service calculations, and cash flows to substantiate this principle of acquisition.
Such preliminary due diligence also addresses operations, maintenance,
administration and management of the individual utility systems within the
MAR 0 9
current rates. The tentative structure of the acquisition would require that each
operating division/utility system be purchased and treated separately. The
purchase price for the Golden Gate utility system, subject to prorations and
adjustments, would be $27,126,000. This amount is substantially less than
anticipated by the County Commission in its August 4th discussions or the
$48,000,000 apparently discussed by the Golden Gate Civic Association in
1994/95.
At this juncture the participating counties in the preliminary Interlocal Agreement
are developing interlocal, acquisition, management and other agreements
necessary to move forward with the transaction. A central aspect of the final
interlocal agreement will allow each county the opportunity either at closing or
any time thereafter the option to acquire any former Avatar system within that
county and incorporate such system into a system owned by county government.
All debt issued by the acquiring governmental authority will be independent of
each county, however, any county wishing to participate at this juncture must
immediately indicate whether or not it chooses to preserve the option to later
acquire the utility system located within its boundaries and/or preserve an option
to "assume" the indebtedness issued to acquire the utility system located in its
midst.
Representatives of the acquisition working group have indicated that this
"willingness to participate" need take only the form of a non-binding letter
indicating that the BCC would like to preserve its option to acquire Avatar's
Golden Gate system in the future at the price as fixed today.
As a condition to agreement on the Summary of Acquisition Terms Avatar has
required the local government group to create the acquiring entity, structure the
transaction and appropriate financing, and close by March 31, 1999.
Fiscal Impact: None to Collier County at this time. The Summary of Acquisition
Terms agreed to by Avatar and the interlocal working group is within the
acquisition principles upon which the transaction has been negotiated. This
requires that all costs of acquisition and the budgeted costs for operation,
maintenance, management and administration upon acquisition must be done
within the current rate structure for each of the respective utility systems.
Growth Management: The effect of the overall transactiontion is that the
water and wastewater utility facilities located in the Golden Gate utility system
service area will be transferred into governmental ownership. Such ownership
can be made subject to the option of Collier County at any time in the future to
acquire and incorporate such facility into its regional water/sewer system. In
._. any event, ownership, operation and management by the interlocal
governmental authority will coordinate with local government with regard to
comprehensive planning, infrastructure, and service delivery resp. onsi.b. ilities.
..... .,/
Ps._=__~ ZTZ
Information obtained by the interlocal advisory working group from public
records indicates that in the area served by the Golden Gate utility system there
are over 500 unimproved residential parcels that do not have water and sewer
service available. As well, over 2,500 improved residential parcels in the same
area do not have water and sewer service available. The public ownership of
the water and wastewater utility facilities at Golden Gate is expected to advance
and coordinate both short and long term planning with Collier County to better
facilitate service and development of water and sewer infrastructure in this area.
Recommendation: This informational update has been prepared from
information provided by the interlocal working group as a result of the County
Commission's suggestion that the working group share information with the
County when and if the statewide acquisition began to materialize.
No action is required by the County Commission. However, if the County
commission desires to preserve its option, but not the obligation, to later acquire
the Golden Gate utility system, the BCC should direct and authorize the County
Manager and County Attorney to notify the interlocal working group that although
it does not wish to join in the interlocal agreement, Collier County does wish to
preserve the option, but not the obligation, to later acquire the Golden Gate
utility system.
Prepared by: Michael A. McNees
From information provided by
the working group.
~C ~d"~C
NABORS, G~BUN & NICKICRSON, P.A. ~// /
THE ROINTE. SU,TE ,060 EF:' 1 ~- ' 9'!'~',//
2502, ROCKY POINT DRIVE
TAMPA, FLORIDA 33607
LYNNE F. BACHRACH TELEPHONE (813)
WARREN S. BLOOM 315 SOUTH CALHOUN STREET
FREDERICK L. BUSACK TALLAHASSEE. FLORIDA 32301
HARRY F. CHILES
MAUREEN MCCARTHY DAUGHTON
v,RG,N,A SAUNDERS OELEGA- February l 1, 1999 TELECOPY
L. THOMAS GIBLIN
ERIK P. KIMBALL SIGNATURE PLAZA IO60
MARK G LAWSON 2OI SOUTH ORANGE AVENUE
HEATHER J. MELON ORLANDO. FLORIDA 32801
sTEvEN E. M,LLER VIA FEDERAL EXPRESS
ROBERT L. NABORS
GEORGE H. NICKERSON. JR. WILLIAM J. ROBERT5
JOSEPH B. STANTON
GREGORY T. STEWART
M~C~AEL L. WATKINS
David C. Weigel, Esq.
Collier County Attorney =-- 22
Collier County Government Complex
3301 East Tamiami Trail, Building F ~ :':' "'
Naples, Florida 34112 or,
Dear David:
As a result of the Collier County Commission's direction and authorization on
Tuesday, January 26, 1999, relating to agenda item 88(1), the attached Interlocal Agreement
should be helpful in carrying out the Board's directions. As we understand it, the County
wishes to (1) preserve the option, but not the obligation, to later acquire the utility assets
relating to the Golden Gate Utility System; (2) the County desires to preserve the ability if
it chooses to acquire such assets by assuming the obligations initially issued by the Florida
Governmental Utility Authority which relate to the Golden Gate Utility System; and (3) that
the County desires to continue to provide oversight concerning the rates imposed by the
Authority to customers served by the Golden Gate Utility System.
Because the transaction is moving swiftly and closing is targeted for the end of March,
it will be important that we receive your comments as soon as possible so that the proposed
Interlocal Agreement can be authorized by the Authority at its March 1999 meeting.
Sincerely,
L. Thomas Giblin I ~ .
LTG:djb ~ no,. ~
Enclosure HAR O 9 19'39
03/03/99 12:07 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 002
RESOLUTION NO. CWS-99-
A RESOLUTION OF THE COLLIER COUNTY WATER-
SEWER DISTRICT IN CONNECTION WITH THE
ACQUISITION BY THE FLORIDA GOVERNMENTAL
UTILITY AUTHORITY OF THE GOLDEN GATE
UTILITY SYSTEM FROM AVATAR HOLDINGS, INC.,
ITS SUBSIDIARIES AND AFFILIATE ENTITIES;
TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH WHICH ARE NECESSARY TO
PRESERVE THE DISTRICT'S OPTION, BUT NOT
OBLIGATION, TO ACQUIRE THE GOLDEN GATE
UTILITY SYSTEM AND TO ASSUME, AT ANY POINT
IN THE FUTURE, INDEBTEDNESS OF THE
AUTHORITY RELATED TO SUCH ACQUISITION ON
PARITY AND EQUAL STATUS WITH THE DISTRICT 'S
SENIOR LIEN WATER AND SEWER REVENUE
BOND S; APPROVING AN INTERLOCAL AGREEMENT
WITH THE FLORIDA GOVERNMENTAL UTILITY
AUTHORITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS; the Florida Local Government Utility Authority, a legal entity and
public body organized and existing under the laws of the State of Florida (the "Authority" ),
was established pursuant to an InterIoeal Agreement dated as of February 1, 1999, among
Brevard County, Florida, Lee County, Florida, Polk County, Florida and Sarasota County,
Florida for the purpose of acquiring, owning, improving, operating and maintaining water
and wastewater utility facilities; and
Vd:IEREAS, the Authority has entered into an agreement to purchase certain water
and wastewater facilities, more commonly known as the Golden Gate Utility System (the
"Golden Gate Utility System"), owned or controlled by Avatar Holdings, Inc. and its
subsidiaries ("Avatar"); and
~,rHEREAS, the Board of County Commissioners of Collier County, Florida (the
"County"), on behalf of itself and as governing body of the Collier County Water-Sewer
District (the "Dislxict"), desires to enter into an interlocal agreement (the "Interlocal
Agreement") with the Authority relating to the acquisition of the Golden Gate Utility System;
) hlAF< O 9 {9,39
03/03/99 12:08 FAX 8132810957 NABORS,GIBLIN&NICKERSON 4 COLLIER ATI'Y ~ 003
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING ON BEHALF OF ITSELF AND AS THE
EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT:
SECTION 1. FINDINGS. It is hereby found and determined that:
(A) The Authority has informed the District that it intends to issue its Utility
Revenue Bonds (Golden Gate Utility System), Series 1999 (the "Bonds") for the primary
purpose of acquiring the Golden Gate Utility System from Avatar.
(B) At the present time, neither the District nor the County is a member of the
Authority.
(C) It is anticipated that the Authority will be able to issue the Bonds at low
interest rates
(D) The Authority has offered to structure the Bonds with art option which will
provide the District with the right, but not obligation, to acquire the Golden Gate Utility
System through the assumption, at any point in the future, of the Bonds upon the satisfaction
of certain conditions set forth in an Indenture of Trust related to such Bonds (the
"Indenture"), at which point in time the Bonds would become indebtedness of the District
on parity and equal status with the District's then outstanding senior lien Water and Sewer
Revenue Bonds, and the Golden Gate Utility System would merge into the Disnict's Water
and Sewer System.
(E) Preservation of such assumption right is deemed to be in the best interests of
the District and the citizens of the County. Without such assumption right, were the District
to desire to acquire the Golden Gate Utility System in the future, the District would have to
defense the Bonds through the potential issuance of indebtedness in a potentially highe~
interest rate environment.
(F) In order to preserve such assumption right, it is necessary that the District take
certain actions in connection with the issuance of the Bonds.
(G) The District deems it necessary to enter into the Interlocal Agreement with the
Authority relating to the acqnisition of the Golden Gate Utility System.
03/03/99 12:08 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 004
right of the District is hereby approved and authorized, as is the use thereof by the
underwriter or underwriters in connection with the sale of the Bonds (the "Underwriters").
The distribution of the final Official Statement relating to the Bonds is hereby authorized.
The Chairman of the Board of County Commissioners of the County or the District is hereby
authorized to execute and deliver a certificate of the County or the District which deems the
information related to the County and the District in the Prelimmmy Official Statement
"final" within the contemplation of Rule 15c2-12 of the Securities and Exchange
Commission (the "Rule").
SECTION 3. CONTINUING DISCLOSURE. The District hereby covenants
and agrees that, in order to assist the Underwriters in complying with the continuing
disclosure requirements of the Rule with respect to the Bonds, it will comply with and carry
out all of the provisions of a continuing disclosure certificate to be executed by the District
prior to the time the Authority delivers the Bonds to the Underwriters, as it may be mended
from time to time in accordance with the terms thereof (the "Continuing Disclosuxe
Certificate"). The Chairman is hereby authorized to execute and deliver such Continuing
Disclosure Certificate in substantially the form provided m regard to the Districrs Water and
Sewer Refunding Revenue Bonds, Series 1999A.
SECTION 4. APPROVAL OF INTERLOCAL AGREEMENT. The form,
terms and provisions of the Inte~ocal Agreement, submitted at this meeting and attached
hereto as Exhibit A, be and the same is hereby approved. The Chai~Tnan of the Board of
County Commissioners (the "Board") and the Clerk of the Board are hereby authorized and
directed to execute and deliver said Interlocal Agreement in the name and on behalf of the
District, with such changes, amendments, modifications, omissions and additions as
approved by the Chairman. Execution by said Chairman shall be deemed to be conclusive
evidence of approval of such changes, amendments, modifications, omissions and additions.
SECTION 5. GENERAL AUTHORITY. The members of the Board of
County Commissioners and the Diswict's and the Cotmty's offxcers, attorneys and other
agents and employees are hereby authorized to perform all acts and things required of them
or desirable or consistent with the requirements hereof for the full, punctual and complete
performance of all of the terms, covenants and agreements contained in this Resolution.
MAR O 9 1999
03/03/99 12:08 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 005
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption.
DULY ADOPTED, m Regular Session this ~ day of March, 1999.
COLLIER COUNTY WATER-SEWER
DISTRICT
(SEAL)
Chairman, Board of County Commissioners of
Collier County, Florida, as the F.x-Officio
Chairman of the Governing Board of the Collier
County Water-Sewer District
ATTEST:
Clerk, Board of County Commissioners
of Collier County, Florida, as Ex-Officio
Clerk of the Governing Board of the
Collier County Water-Sewer District
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
D~~e;'~
03/03/99 12:08 FAX 8132810957 NABORS.GIBLIN&NICKERSON ~ COLLIER ATTY ~ 006
EXHIBIT A
INTERLOCAL AGREEMENT RELATING TO
THE ACQUISITION OF
THE GOLDEN GATE UTILITY SYSTEM
Between
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
and
COLLIER COUNTY WATER-SEWER DISTRICT
03/03/99 ~2:09 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 007
INTERLOCAL AGREEMENT RELATING TO
THE ACQUISITION OF
THE GOLDEN GATE UTILITY SYSTEM
THIS INTERLOCAL AGREEMENT, dated as of March l, 1999 (the "Interlocal
AgXcement"), by and between the F~ORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body orgamzed and existing under the laws ofthe
State of Florida (the "Authority") and the COLLIER COUNTY WATER-SEWER
DISTRICT (the "District"), each constituting a "public agency" under Part I of Chapter 163,
Florida Statutes (the "Interlocal Act").
WITNESSETH:
WHEREAS, the Authority was established pursuant to an Interlocal Agreement,
dated as of February l, 1999 (the "Interlocal Agreement"), initially among Brcvmd County,
Florida, Lee County, Florida~ Polk CounW, Florida and Sarasota County. Florida for the
purpose of acquiring, owning, improving, operating and maintaining water and wastewater
utility facilities; and
WHEREAS, pursuant to the Interlocal Act~ the Authority has entered into an
agreement to purchase ccrtain water and wastewater utility facilities owned/or controlled by
Avatar Holdings, Inc. and its subsidiaries ("Avatar") and such utility facilities include a water
and wastewater utility system located in Collier County, Florida (the "County") more
commonly known as the "Golden Gate" utility system ( the "Golden Gate Utility System");
03/03/99 12:09 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 008
WBEREAS, the Authority will issue a series of obligations known as the "Florida
Governmental Utility Authority Utility Revenue Bonds (Golden Gate Utility System), Series
1999 (the "Bonds") for the principal purpose of acquiring the Golden Gate Utility System
pursuant to an Indenture of Trust, dated as of March 1, 1999 (the "Indenture"), by and
between the Authority and SunTrust, C. enn'al Florida, National Bank, a national banking
association; and
WHEREAS, the District has determined that it does not wish to become a member
of the Authority but would like to preserve certain options and abilities concerning the
Golden Gate Utility System pursuant to the terms and p~-ovisions hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the covenants contained
herein, it is mutually agreed and understood by and between the District and the Authority
as follows:
SECTION 1. ACQUISITION OF GOLDEN GATE UTILITY SYSTEM
BY THE DISTRICT.
(A) The Authority hereby grants the District the right to acquixc all, but not less
than all, of the assets, liabilities, obligations, and responsibilities relating to the Golden Gate
Utility System for so long as the Golden Gate Utility System is owned or connrolled by the
Authority. The terms and provisions of such acquisition shall be established pursuant to a
utility acquisition agreement between the Authority and the District, subject to the terms and
conditions of the Interlocal Agreement and the Indenture Notwithstanding the foregoing and
03/03/99 12:09 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATT~? ~ 009
unless otherwise agreed to by the Authority and the District, the purchase price for the
Golden Gate Utility System shall be the amount ~equired to repay the Bonds and any
additional obligations of the Authority related with the Golden Gate Utility System along
with all current and verifiable expenses relating to management and operation of the Golden
Gate Utility System and all verifiable expenses associated with the transfer of the Golden
Gate Utility System by the Authority to the Dtstrict.
(B) The Authority hereby also grants the District the right to assume the
Authority's obligations under the Bonds and the Indenture (or any successo~ document
thereto), all pursuant to the terms and conditions set forth in Article VII of the Indenture.
Any such assumption by the District shall take place simultaneously with the transfer of the
Golden Gate Utility System from the Authority to the District.
(C) Avatar has informed the Authority that it has determined any acquisition must
be in lieu of condemnation and that its utility assets would not be for sale in the absence of
a threat of condemnation. Therefore, the Golden Gate Utility System shall be deemed to be
purchased for public purposes trader threat and in lieu of eminent domain and condemnation
by the District and/or the County as an alternative to the acquisition of the Golden Gate
Utility System by the Authority.
SECTION 2. OVERSIGHT OF RATES, FEES AND CHARGES BY THE
COUNTY. The Authority hereby agrccs with the District that the County, or the County's
designee, shall have the powcr to review and/or approve rates, fees and charges relating to
03/03/99 12:09 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 010
the Golden Gate Utility System in accordance with and to the extent allowed under Section
4.04 of the Interlocal Agreement. The County shall not have the power to approve any such
rates, fees and charges in the event such rates, fees and charges have been established by the
Authority in order to comply with the covenants contained in the Indenture (or any successor
document thereto). The County shall apply its ordinances and rules and regulations which
pertain to water and wastewater franchise utilities in determining rates, fees and charges for
the Golden Gate Utility System; however, certain rate making principles, such as contributed
property and return on investment concepts, are not applicable to the Authority and that the
Authority is voluntarily subjecting the Golden Gate Utility System to the regulatopj oversight
by the County. The County and the Authority shall enter into a separate interlocal agreement
with respect to the process to be followed in the review and approval of rates, fees and
charges of the Golden Gate Utility System
SECTION 3. AMENDMENTS. This Interlocal Agreement may be amended
in writing at any time by an interlocal agreement between the Authority and the District_
SECTION 4. GENERAL PROVISIONS.
(A) Except as specifically set forth herein, nothing herein shall be deemed to
authorize the delegation of any of the constitutional and statutory duties of the State of
Florida, the Authority, the County, the District or any officers thereof.
(B) A copy of this tntedocal Agreement shall be filed in accordance with the
provisions of the Interlocal Act.
, MAR 9 1
03/03/99 12:10 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 011
(C) Neither the County nor the District shall not in any manner be obligated to pay
any debts, obligations or liabilities arising as a result of any actions of the Authority, any
Director or any other agents, employees, officers, or officials of the Authority, except to the
extent otherwise mutually agreed upon, and neither the Authority, the Directors nor any other
agents, employees, officers or officials of the Authority have any authority or power to
otherwise obligate the County or the District in any manner.
(D) In the event that any provision of this Interlocal Agreement shall, for any
reason, be determined invalid, illegal or unenforceablc, in any respect by a court of
competent jurisdiction, the other provisions of this Interlocal Agreement shall remain in full
force of effect.
CE) This Inte~ocal Agreement shall be construed and governed by the laws of the
State of Florida.
(F) This interlocal Agreement shall be contingent upon delivery of the Bonds by
the Authority.
SECTION 5. EFFECTIVE DATE. This Intefiocal Agreement shall become
effective on the latter of (a) the dated date hereof or (b) the last date the last of the parties
hereto executes this Interlocal Agreement and the filing requirements of Section 4(B) hereof
are satisfied.
03/03/99 12:10 FAX 8132810957 NABORS,GIBLIN&NICKERSON ~ COLLIER ATTY ~ 012
IN WITNESS WHEREOF, this Interlocal A~eemeat has been executed by and on
behalf of the Authority and the District by their authorized officers or officials.
COLLIER COUNTY WATER-SEWER
DISTRICT
(SEAL)
By:
Chairman, Board of County Commissioners of
Collier County, Florida, as the Ex-Officio
Chairman of the Governing Board of the Collier
County Water-Sewer District
ATTEST:
Clerk Board of County Commissioners County AttSrneyZ.)
of Collier County, Florida, as Ex-Officio
Clerk of the Governing Board of the
Collier County Water-Sewer District
FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
By:
Chairman
ATTEST:
Secretary-Treasurer
EXECUTIVE SUMMARY
DISCUSSION AND ACTION TO ESTABLISH THE LOCATION AND AGENDA FOR
A BOARD OF COUNTY COMMISIONERS SOLID WASTE DISPOSAL WORKSHOP.
OBJECTIVE: To establish the location and agenda for a Solid Waste Disposal Workshop.
CONSIDERATIONS: The Board of County Commissioners (BCC) directed staff to arrange
for the conduct of a Solid Waste Disposal Workshop. The BC-C:set;-April 20, 1999 at 7:00 p.m.
as the date and time for the workshop. An agenda and designated location for the workshop
was to be determined at the March 9, 1999 BCC meeting.
The Solid Waste Department respectfully suggests that the Solid Waste Disposal Workshop be
conducted in the BCC meeting room. This location provides the ability to reach a maximum
audience due to its live television broadcast facilities.
To assist the Board of County Commissioners in establishing an agenda for the workshop, the
Solid Waste staff respectfully suggests the following topics for consideration.
Agenda Topics
I. Current status of Solid Waste Management in Collier County.
a. Tipping Fee Comparison
b. Residential Assessment
c. Recycling activity
d. Capacity Remaining at Current Landfills
e. Impact of Rate of Growth on Capacity
f. Level of Service Standards and Time Lines
g. Burns and McDonnell Capacity Study
II. Odor Problem Status Report ..... -
a. Waste Management Plan of Odor Control Actions
b. Contingency Plan
III. Solid Waste Management Alternatives
a. Survey of Waste Management Alternatives
b. lncineration - pros and cons
c. MRF - Sort/Compost - pros and cons
d. Export - pros and cons
e. Landfill - pros and cons
MAR O 9 1999
PG. |
Executive Summary
Solid Waste Workshop
Page 2
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners direct staff to schedule a
Solid Waste Workshop to be held on April 20, 1999 at 7:00 p.m. in the Board of County
Commissioners meeting room located in Building "F" on the Collier County G~'Vernment
Center Complex and advise staff with respect to the content of the agenda for the workshop.
SUBMITTED BY: DATE: "' '/'''
David~us?eei~, Solid ~Vaste Director
Solid Waste Department
APPROVED B~ DATE: 3-".~-- q~
Ed Ilschner, Public Works Administrator
EXECUTIVE SUMMARY
AUTHORIZATION TO PRODUCE AND BROADCAST A WEEKLY THIRTY MINUTE
LOCAL GOVERNMENT CABLE TELEVISION PROGRAM.
OBJECTIVE: To approve the production of a 30 minute weekly television show and
appropriate the funds necessary to implement the program.
CONSIDERATION: On December 18, 1998, the Board of County Commissioners conducted a
xvorkshop to review the Public Information Department's Annual Work Program. At that
workshop, staff was directed to evaluate the feasibility of broadcasting a weekly thirty minute
cable television program and report back to the Board. The purpose of the program would be to
inform citizens about the issues and events occurring in County government each week.
Staff evaluated the services and costs of this type of programming from commercial providers,
as well as the feasibility of producing this program with County staff. The evaluation is included
as attachment "A" of this executive summary. Based on a comparison of services and costs,
staff is recommending that this program be developed and produced by County staff in the
Public Information Department.
FISCAL IMPACT: The estimated annualized first year cost of producing a weekly thirty
minute show is $100,400, which includes personnel, operating supplies and capital expenditures
for equipment and sets. This figure also includes the cost of on-air talent estimated at $10,400
annually. Recurring annualized costs are estimated at $92,400.
A budget amendment will be necessary to transfer funds from the unincorporated area general
fund reserve account to the Public Information Department operating budget in the general fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the production of a weekly thirty (30) minute
television program by the Public Information Department including the necessary budget
amendments.
SUBMITTED ~JJ~e~n Merritt, Dlre~ti~r" Date: ~ 'g,'
Department of Public Information
· '' ~1 ' ator
0/i 1999
"" Attachment A
A WEEKLY HALF-HOUR SHOW
The Board of County Commissioners has asked the Department to investigate the
possibility of creating and supporting a weekly half-hour program devoted to the
"happenings" in Collier County with an emphasis on presenting the positive things that
occur daily.
There are several ways to approach such an endeavor. Obviously, the one way this could
be accomplished is to have staff solely responsible for producing, directing and editing
such a show. Another alternative is to out-source the project in its entirety. A third
option could consist of combining the two approaches--out-sourcing some of the
activities associated with such a production, while maintaining most of the responsibility
in house. We contacted four outside firms for quotations.
Our first contact was MediaOne. That seemed a logical place to start. However, the
production capabilities are limited and Channel 10 does not have a time slot for us.
This is not difficult to understand, because Channel 10 is the only channel presenting
local live (or tape) productions. In fact, the company has a waiting list of prospective
clients anxious to do a local show. This did not prove to be a viable alternative.
THE THREE COMPANIES THAT RESPONDED OFFERED THE FOLLOWING
PROPOSALS:
1. Youngquist & Company Production, Inc.
Formerly Reel Images of Naples, this Minneapolis, Minn. firm provides major market,
state-of-the-art production and studio facilities. This is an excellent firm with very high
acceptance. It is, however, very expensive.
For the first show, the company would provide everything necessary to
produce such a show, production, script development, scheduling and all filming.
The first show price also would include a newly-built set, and a one time
production of the opening and closing.
Cost of first show: $ 20,867.68
Cost of second show & each after 17,065.18
Total Annual Cost: 891,191.18
Talent Cost: (minimum) 10,400.00
TOTAL COST: 901,591.18 no., ,_ ?~l
2. [q~itors Television
Visitors Television has done some production work, however, it has no studio facilities.
This estimate is based on the company using County equipment and the Board Room as a
"studio." This might prove inconvenient, as the Board Room is utilized a great deal, but
something could probably be worked out as far as scheduling is concerned.
For the first show, Visitors Television would provide a producer, script
development, scheduling and would design and provide a set.
The County would provide all equipment and supplies, and would produce -
opening and closing segments
Cost of first show: $ 5,275.00
Cost of second show & each after 2,525.00
Total Annual Cost: 134,050.00
Talent Cost: (Minimum) 10,400.00
TOTAL COST: 144,050.00
3. The Naples Studio
This company recently bought out Patriot Productions, a small production company that
had some experience with government (It produced a film about the Everglades Airport
that was well done.) In April, the company is moving into a new building on J & C Blvd.
The present facilities are not adequate. However, it sounds as though the new facilities
will be quite acceptable. However, this company has "no record" in the area, so I cannot
attest to the quality of its work.
Company would provide set, location for shooting, production personnel,
including producer, camera crew, script, post editing and graphics. Staff would
provide topics and schedule guests, plus provide any filming done in the field.
Total Annual Cost: $87,255.00
Talent Cost: (Minimum) 10,400.00
~ IG[~ ITEM "I
TOTAL COST: 97,255.00 ~ '. ~ / _
I Mp~.R 1999
Evaluation of the Proposals
l. YOungquist & Company Production. Inc.
This proposal is the "cadillac" of the line. The costs are absolutely exorbitant and
unreasonable. Ihis proposal is not worth considering under any circumstances.
2. ViSitors Television
Because Visitors Television has no studio facilities, costs are based on using the
County's equipment and TV facilities. Given that fact, the price is very high since ·
"wear and tear" would be a problem. Tape Decks, for example, have only so much
"life," and would require replacement sooner, so extra "hidden" costs would be
associated with this proposal.
3. Tlte Naples Studio
The costs associated with this proposal seem much more reasonable. However,
while the Company assumes most of the responsibility, staff still has to assume all
scheduling of both in-house and field segments, and handle all other arrangements
other than the technical aspects.
4. Department Of PubliC Information
Another alternative remains. That alternative is for staff to take full responsibility for
producing the weekly show. But in order to accommodate the additional task and
increased responsibilities, additional resources will be needed.
DEPARTMENT RECOMMENDATION
After careful consideration, it seems that the most expeditious and economical course of
action to pursue is to develop and produce the show by Depar[ment staff.
R 1999
Budget Pro.oosal for lt~eekly CounO, Television Program
Personnel
Video Production Specialist
(including benefits) $52,000
Senior Secretary
(including benefits) 25,000
See Job Descriptions*
Set (1'~ Year only)
(Includes mobile stage, furniture
props, etc.) 6,000
Production Equipment
( 1 s, Year only)
Field Audio Mixer 400
Wireless Microphones 1,400
Cables 200
Videotapes
(includes DVCPro, SVHS, VHS) 2,000
Miscellaneous Production Supplies
(includes replacement, repairs, maintenance) 3,000
Talent
(Minimum $200 a show) 10,400
Total (I" Year) 100,400
Total (2~a Year and On) 92,400
* Video Production Specialist:
Responsibilities include directing and producing all field and studio Videography for the
weekly program. Assists selection of show topics; determines guests and makes initial
contacts with featured interviewers and those being interviewed, and schedules
accordingly. Writes and edits all scripts and coordinates and films "drop-in" segments
(field segments). In the event of equipment failure, does troubleshooting and react in
effective and efficient way with least amount of interruption to weekly and daily
programming.
Assumes full responsibility for the weekly program from story board to final product.
Must be able to do long term planning to assure smooth scheduling and coordination of
Channel 54 equipment, control room time and overall operations involving the
Department.
Must have experience in live television production and technical television control room
activities.
*Senior Secretary
Responsible for all clerical and secretarial duties associated with producing a weekly
"" television program, Responsibilities also include followups with contacts and
finalization, confirmation of scheduling of appearances.
Will type all scripts, maintain shooting and edit suite availability schedules, as well as
maintain an overall show "rundown" or weekly outline. Also will arrange field shoots
with appropriate County staff. Assists with setup and tear down before and after
shooting. Loads TelePrompTer, fills requests for show dubs, catalogues raw video for
future use and maintains a show library.
Orders all program related supplies.
HAR 1999
DEPARTMENT RECOMMENDATION
After looking at all the proposals, it seems that the most expeditious course of action to
pursue is to develop and produce the show by Department staff. IfMediaOne at some
later date decides to give us a prime time slot, it would make sense to enter into an
agreement with them to use Channel 10's studio for the weekly "shoot." However, the
need for additional staff would still be present.
Given that MediaOne has indicated that presently there is no time available, it seems
prudent for staff to undertake the project. After the first year, the cost would amount to
about $75,000 a year, and given the alternatives of professional production companies,
the price seems quite reasonable.
Given that this is so, staff reconunends that the Department undertake the production of a
weekly show--but only if recommended additional resources are made available.
EXECUTIVE SUMMARY
DISCUSSION AND APPROVAL OF FY 2000 BUDGET POLICY
OBJECTIVE: That the Board of county Commissioners discuss and approve
policies to be used in developing the Collier County Government budget
for fiscal year 2000.
CONSIDERATIONS: In order for staff to begin preparation of the FY 2000
Collier County Government budget, direction is needed from the Board of
County Commissioners on a number of policy issues and budget
assumptions.
Attached to this Executive Summary is a listing of pertinent policy
issues that will affect preparation of the FY 2000 budget. The purpose
of today's discussion is for the Board to reach consensus on the
policies and assumptions upon which the budget will be based.
Also included is a three (3) year analysis of the principal county ad
valorem tax supported funds. These funds include the General Fund
(001), the Unincorporated Area General Fund MSTD (111), and the
Pollution Control Fund (114). The purpose of this analysis is to focus
on longer term financial conditions within these funds and for the
Board to understand the future financial implications of funding
~cisions made in FY 2000.
~'inally, the Board needs to establish budget workshop dates in June, a
date to adopt the proposed millage rates, and September public hearing
dates.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The adopted budget policies will serve as the framework
for the development of all spending and ad valorem taxation issues for
fiscal year 2000.
RECOMMENDATIONS: That the Board of County Commissioners discuss and
adopt budget policies as detailed in the attachments to this Executive
Summary, and establish budget workshop dates in June.
SubmiRed by: I/bZ .~Tj f_~j~ ~ DATE: 3-/'~V
Michael Smykowski, OMB Director
Approved by: DATE:
Robe~ Femandez, County Adminis~ator
AGENDAITEM
No._ ~ ~('j
MAR - 9 lYYY
Pg.. /
FY 2000 Budget Policy
Standard County Budget Policies
Constitutional Officer Budget Submissions
As per Florida Statutes, the Sheriff, the Clerk of the Circuit Court, the Supervisor of Elections, and the
Propen3' AFpraiser submit tentative budgets for their respective offices on June 1. However, in chapter
129.03(2) o:' the Florida Statutes, there is a provision by which the Board of Count>' Commissioners may,
by resolution. require the tc.~tative budgets for the Sheriff, Clerk of the Circuit Court, and the Supervisor of
Elections to be submitted b', ~vlay 1.
The BCC adopted Resolution 96-123 which required the Sheriff, Clerk of the Circuit Court, and the
Supervisor of Elections to submit their FY 97 tentative budgets by May 15, 1996, and by May 1 of each
year commencing in 1997 and thereafter.
Recommendation: Pursuant to Resolution 96-123, the FY 00 budget submittal deadline for these
Constitutional Officers will be May' 1, 1999.
Budget Presentation Format
The FY 00 budget process will again utilize the consolidated program budget and line item budget
processes used last year. The consolidated budget process will provide both program summary
information. along with actual FY 00 cost data and millage rates. Budget presentations will be in a
summar).' format, at the fund level. Discussion will focus on major increases in both budgeted revenues
and expenditures at the fund level. If further detail is required, summary information will be available at
both divisional (General Fund) and departmental levels. Funds where the Board has limited policy-making
roles such as debt service, single purpose taxing districts with millage rates based on ordinance limitations
and proposed expenditure levels recommended by advisory bodies, and expendable trust funds will again
be aggregated and presented at a macro level.
Program summary information will be contained on each departmental budget book page. This provides
the allocation of resources on a programmarie basis, along with the actual departmental financial budget
information Perforn~,~ce measures will be used in all departments. The Base Level of Service is def'med
as the absol,ate mininmm service lex;el mandated by federal or state law or judicial order; necessary to
protect the health and safety of Collier County residents; or necessary to maintain capital asset value.
Recommendation: The same presentation format as used during last year' s budget process is
reconLrnended in FY 00.
Reserves
Funds eannarked for future year capital projects shall be budgeted in a separate Reserve for Capital Outlay
account. Reserve for contingencies shall be appropriated to cushion against unplanned expenditures,
especially in case of major natural disasters. A reserve for cash flow may' be established with a maximum
(per Florida Statutes) of 10% of total fund appropriations. "'~AGENDA ITEM
No~~
MAR - 9 989
Recommendation: In the General Fund, the recommended reserve for cash flow is $1,500,000. In the
MSTD General Fund, the recommended reserve for cash flow is $250,000. Operaling funds may budget,
at a minimum, a 5% reserve for contingency. A reserve for contingency is typically budgeted in all
operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional
Officer funds shall be appropriated within the County General Fund.
Car.ryforward
All revenues which are reasonably expected to be unexpended and unencumbered at the end of the fiscal
year will be appropriated as carryforward revenue in the following year. The General Fund, MSTD
General Fund, and the Pollution Control Fund are all supported principally by ad valorera tax revenue.
However, major distributions of ad valorem tax revenues are not available until mid-November and early
December. As a result. adequate cash must be available until the ad valorem proceeds are distributed.
Collier County intends to mange its cash in such a fashion to prevent or minimize any borrowing to meet
working capital needs.
In the event that sufficient cash is not available to meet General Fund operating needs, staff will make
arrangements to borrow against pooled cash. In staffs view, this provides a better alternative than
increasing ad valorem taxes to increase cash flow reserves to avoid short-term borrowing for a limited time
frame in both November and December.
Recommendation: All revenues which are reasonably expected to be unexpended and unencumbered at
the end of the fiscal year will be appropriated as carr3'forward revenue in the following year.
Attrition
Recommendation: Based on historical evidence, funds with 10 or more budgeted positions that have
generated salary. savings will utilize a 4% attrition factor In developing the FY 99 budget. Exceptions
would include EMS, Ochopee Fire, and the Tax Collector.
Contract Agency Funding
Recommendation: The Board of County Commissioners will not fund any non-mandated social service
agencies,
Indirect Cost Allocation Plan
Recommendation: The policy of charging enterprise and special revenue funds for support services
provided by General Fund departments will be used again in FY 99. The basis of these charges is a
detailed indirect cost allocation plan. To address concerns raised by County Commissioners and MSTD
advisory conunittee members, this year' s plan will be prepared by an external consultant.
Enterprise Fund Payment in Lieu of Taxes
Recommendation: As in prior years, the Solid Waste Fund and the Collier County Water-Sewer District
will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage
rate multiplied by the prior year gross value of property., plant, and equipment.
MAR - 9 lY99
Interim Government Service Fee
Based on previous BCC policy direction, staff continues to pursue the implementation of an interim
government services fee. A hearing before the Florida Supreme Court is scheduled in March.
Recommendation: Not to budget any revenue from this source pending the outcome of the Florida
Supreme Coux t hearing.
Financial Management/Financial Budget Development
To improve fi n~cial planning and to understand the long-term impact of funding decisions, the County
will prepare ;mnually a three year projection of General Fund, MSTD General Fund, and Pollution Control
revenues and "..Denditures. The purpose of the analysis is to focus on the mid term financial conditions
within the ad .. lorem Iax supported funds and for the BCC and staff to understand the financial
implications :undi;~ :: decisions that will be made in FY 00.
Recommen~ .: ~! ion: Continue to prepare the three year projection the of General Fund, MSTD General
Fund. and PoF~!tion Control revenues and expenditures for financial planning purposes.
Capital Improvement Program (CIP)
The purpose of the Capital Improvement Program (CIP) is to provide roads, parks, utility infraslxucture,
government buildings, major equipmenL capital maintenance and renovations to existing facilities. The
Capital Improvement Program includes the growth-necessitated projects scheduled for a five year period in
the Capital Improvement Element of the Growth Management Plan, as well as non-CIE capital
improvements not included in the Gro~h Management Plan.
CIP Development
On an annual basis, the County shah prepare and adopt a five-year Capital Improvement Element (CIE)
consistent with the requirements of the Growth Management Plan. The annual budget will include
sufficient appropriations to fund capital projects identified in the first year of the CIE.
Ad Valorem Capital Funding
In FY 86, a separate county-wide millage levy for capital outlay was established. In FY 88, this capilal lax
le~? was increased to 1.000 mill, which generated approximately $8.5 million in that year. This tax levy
remained at 1 mill through FY 91 and in that year generated approximately $12.8 million. However, to
reduce ad valorem taxes in FY 92, the BCC made a policy decision to reduce the capital levy to .6580
mills.
Since FY 91, the available General Fund dollars allocated for capital projects and interim debt service
had been reduced (see following chart and graph) to the $5,505,700 level approved in FY 97. (Interim
debt service is the payment of principal and interest on the outstm~ding Commercial Paper program
proceeds used to finance the acquisition of the 800 MHz radio system). In the FY 98 and FY 99 budget
processes. the Board made the policy decision to allocate $7,437,900 and $7,933,500 respectively, in
General Fund dollars to support capital projects.
Recommendation: Due to the impact of construction inflation and total requested projects typically
exceeding available revenues, a 4% annual increase in the pool of General Fund dollars allocated to capital
projects is reconm~ended. This would increase the available pool of funds in FY 00 to $8,250,800.
MAR - 9 1999
The following graph provide a history of the General Fund dollars allocated to capital projects by fiscal
year.
General Fund Allocation for CapitaiProjects
FY 91 - FY 02
91 92 93 94 95 96 97 98 99 00 01 02
Fiscal Year
CIP Policies
Capital projects attributable to growth will be funded, to the extent possible, by impact fees.
In accordance with the adopted road funding plan, all gas tax revenue will be allocated to road
construction, aside from that required to meet debt service obligations.
Capital projects identified in the 5 Year CIE will be given priority, for funding. The five-year plan for
water and wastewater CIE projects will be based on projects included in the adopted master plans.
Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-
by-case basis. A non-CIE capital plan will also be developed.
Annual operating expenses associated with capital projects will be identified by the respective departments
during the budget process.
Unlike operating budgets wbAch are administered at the appropriation unit level, capital project budgets
will continue to be administered on a total project budget basis. The minimum threshold for projects
budgeted in capital funds is $25,000.
Law Enforcement and Correctional Facilities Impact Fees
The Board of County Commissioners authorized a contract with Henderson, Young & Co. to develop
legally defensible law enforcement and correctional facilities impact fees. A status report on these two
impact fees was presented to the Board of County Commissioners on February 9, 1999.
Recommendation: Based on the Board policy. direction of February 9, 1999, staff will continue to pursue
implementation of the correctional facilities impact fee.
MAR - 9 1999
Self-Insurance
Collier County operates a protected self-insurance program for its Workers' Compensation, Property,
Liability, and Health Insurance programs.
Every three years, the County. solicits quotations from insurance carriers and administrators to ensure that it
maintains the most cost-effective financing method.
During the summer of FY 96. the County solicited quotations for Health Insurance in a joint project with
the City of Naples and the ('oilier Count)' School Board. A new program was presented to the Board and
implemented January. 1,
During the summer of FY 97, quotations for Property, Liability and Workers' Compensation insurance
were sought, presented to the Board, and implemented January 1, 1998.
Recommendation: To conduct an actuarial study of each of these programs on an annual basis. Program
funding to be based upon a confidence interval of 75%, with the exception of group health to which a
confidence interval is not applicable.
Debt Service
The foilowing policy regarding the issuance of debt was adopted in the Growth Management Plan: Collier
Count)., will not exceed a maximum ratio of total general government debt service to bondable revenues
from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues
.._., to debt service by local taxing authorities, prudent fiscal management dictates a serf-imposed level of
restraint. Current bondable revenues are ad valorem taxes and state-shared revenues, specificall>' gas taxes
and the half-cent sales tax. The enterprise :i~nds operate under revenue bonding ratios set by the fmancial
markets and are, therefore, excluded from ~ debt policy.
As mentioned previously, there is $8,250,800 recommended for capital projects supported by a General
Fund transfer in FY 00, as the Count3.' believes in funding the bulk of capital improvements on a cash or
"pay as you go" basis.
However. not all capital projects may be funded on a cash basis. This is recognized in the Growth
Management Plan policy regarding general obligation debt: Certain large scale projects of significant
county-wide impact and cost would, if funded by current ad valorem taxes in the year of construction,
result in an unacceptable millage rate. These projects may be proposed for bonding. The electorate may
be asked through referendum to approve the borrowing of funds for the projects and the lev>' of ad valorem
taxes to pay the resulting debt service. The defeat of a referendum on any or all of the projects will result
in a lowering of the Level of Service Standard for related facilities.
Any capital projects fmanceci by borrowing money shall limit the repayment period to the useful life of the
asset.
Interim Financin~
Collier Count3., may also borrow funds on an interim basis to fund capital projects. in instances where
interim financing is recommended, a repayment source shall be identified and the financing source which
has to lowest total cost shall be employed.
Depending on market conditions, bond refundings/refmancings may be recommended by the Finance
Committee.
BAR - 9 1999
Recommendation: The net present value savings generated by a proposed refmancing shall be a minimum
of 5%. As a general rule, savings generated by refmancing shall be utilized to reduce future debt service
payments.
Proposed Uses of Gas Taxes
Gas taxes will be used to support debt service, the Roads Conslruction CIP, and Road and Bridge
maintenance operations. In FY 98 the final transition of gas taxes from road maintenance to road
construction was made. However, the FY 99 budget began a reversal of that trend with $1,000,000 of gas
tax revenue being allocated to road maintenance. This is appropriate as it reduces the General Fund
support of road maintenance activities and is an appropriate use of gas tax revenue.
Recommendation: The FY 00 Road and Bridge operating budget shall include $2,000,000 in gas tax
revenue as a funding source. In addition, in FY 01 and FY 02 the amount of gas taxes allocated to road
maintenance shall increase annually by $1,000,000 thereby reducing the General Fund subsidy. The graph
on the following page identifies the historical and projected amounts of gas tax revenues allocated to the
Road and Bridge Fund from FY 95 through FY 02.
Gas Taxes Allocated to Road Maintenance
FY 95 - FY 02
5000
4000
2000
1000
0
95 96 97 98 99 oo 01 02
Fiscal Year
The following chart identifies the recommended uses of gas tax revenues in FY 00.
Revenue Source FY 00 Proposed Use
Old Local Option Gas Tax (6 cents) Roads CIP, Maintenance
Coun.ty Gas Tax (7th cent) Roads CIP
Voted Gas Tax (9th cent) Debt Service, Roads CIP
New Local Option Gas Tax Roads CIP
Constitutional Gas Taxes Roads CIP
Salan' Administration (Board Policy Decision Required)
Recommendation: A 4.5% adjustment (all Agencies) for salary increases and pay plan maintenance is
recommended in FY 00. This will aid in recruitment in a very competitive job market.
AGENDA ITeM
No. C'(,J
HAR - 9 1999
!:>go "~
New Proposed Budget Policies for FY 00
(Board Policy Decisions Required)
Grant Funded Positions
In the past, as grant funding for positions has expired the positions may have been recommended for
funding in a general (non-grant funded) operating budget. In those instances, the positions(s) transferred to
the general operating budget have been included in the Current Service portion of the budget. However, it
should not be presumed that these positions formerly funded with available grant funds will automatically
be absorbed in the general operating budget.
Recommendation: Any positions formerly funded with grant funds that are being recommended for
inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests.
External Operating and Capital Project Funding Requests
External operating and capital project funding requests are reviewed on an individual basis in a competitive
environment (competing against all other budget requests; with projects recommended for funding on a
priorit).' basis within available funding limits).
Recommendation: External operating and capital budget requests should only be considered within the
framework of the budget process. The submission date for external budget requests will be April 12, 1999.
Requests for funding received outside the boundaries of the budget process shall be considered in the
subsequent year's budget cycle.
Redistribution of Costs between the General Fund and the Unincorporated Area General Fund
The appropriateness of the distribution of costs allocated to the General Fund and the UnincorporaZed Area
General Fund is important as it impacts on the respective millages levied within these two major funds.
Due to various issues raised during the transition of services to the City of Marco Island, County staff
evaluated the distribution of services between the General Fund and the Unincorporated Area General
Fund. Results of this evaluation focused on the Parks and Recreation Department, the Natur~:l Resources
Department, and the Sheriffs Office. The narrative below outlines the service issues associated with this
scenario:
Allocating 100% of the She~ff's budget to the General Fund, and shifting the bulk of Parks and
Natural Resources budgets to the Unincorporated Area General Fund.
One of the most contentious issues associated with the Marco Island incorporation was the payment from
the City of Marco Island for SherifFs service. This issue was first broached in the FY 99 budget policy in
March 1998 and agreement regarding the amount of the payment was not resolved until January 1999. The
$8n0,000 payment was still less than the $1,053,100 requested. This issue remains in question as it is one
aspect of 'd~e Sheriffs FrY 99 budget appeal. The City of Marco Island is now pursuing im ,lementation of
"" a municipal police force. AGENDA ITEM
No.~._,~t__C_~'~J .
HAR - 9 1999
The current methodology. for the distribution of the Sheriffs costs between the General and the
Unincorporated Area General Fund was the court order following the Frank Spence report on dual taxation.
As a result of this report and the subsequent court order, costs of the Immokalee, Marco Island, and
Everglades substations have been allocated to the Unincorporated Area General Fund.
Changing the current methodology will provide:
1. a means to require the City. of Marco Island to pay for this portion of Sheriff's service. In FY 99 the
City made a payment of $800,000 deemed voluntary. for Sheriffs road patrol services.
2. a means of charging Everglades City residents of the Everglades Sheriffs sub-station.
3. simplification of the budget as the Sheriff s operations would be funded entirely from a single pot of
money - the General Fund.
The reallocation of Sheriffs Office costs to the General Fund would result in a net cost of $6,036,800
being sited from the Unincorporated Area General Fund (111).
Parks and Recreation Department
Due to the Marco Island incorporation, there was a change in park assets as the deed to all community park
properties was provided to the City. The City of Marco Island is now providIng the level of service for
recreational programming and park maintenance deemed appropriate for its residents. This is analogous to
the City of Naples and Everglades City where the County does not currently provide community park
service. Collier Count>.' does however, provide beach park service to municipalities, as the beach park sites
are a county-wide asset. Therefore, consideration should be given to shifting the bulk of parks service to
the Unincorporated Area General Fund. Beach park sites would remain in the General Fund as the beaches
are a county-wide asset; associated beach parking fees would remain a General Fund revenue.
The result is that a net cost of $5,136,900 would be shifted from the General Fund (001) to the
Unincorporated Area General Fund (111). This will provide consistency between the primary beneficiaries
of the services provided and the funding source used.
Natural Resources
The Natural Resources Department functions were evaluated and it was determined that the principal
function of county-wide benefit was sea turtle monitoring, as this is a requirement of the County's beach
renourishment permit. This is a self-supporting function as funding is provided via tourist development tax
revenue. The remaining Natural Resources Department functions principally benefit unincorporated area
residents and are offset via a transfer from the self-supporting Community Development Fund, based on
the rational nexus analysis approved by the Board during prior year budget discussions.
MAR - 9 1999
The resuh is that a net cost of $88,800 would be shifted from the General Fund (001) to the Unincorporated
Area General Fund (111). This will place these services into the appropriate County fund, based on the
principal beneficiaries of the service.
The fiscal impact of these funding shifts is identified below:
Option B. Sumnla~' of Fiscal Impact to Taxpayers of Funding Shift
Uni~oorporated Area
General Fund (001) General Fund (111)
Net Increase (Reduction) FY 00 FY 00 Variance
Parks and Recreation ($5,136,900) $5,136,900 $0
Natural Resoumes ($88,800) $88,800 $0
Sheriffs Offlee $6,036,800 ($6,036,800) $0
Total $811,100 ($811,100) $0
Ta:<able Value $21,342,594,299 $13,112,364,312
General Fund Millage lmpact 0.0380 -0.0619
Cost per $100,000 Taxable Value $3.80 ($6.19)
MSTD General Fund Millage Impact -0.0619
Co~ per $100,000 Taxable Vahe ($6.19)
Net Cost - City Resident $3.80
Net Cost - Unincorporated Area Resident
Fiscal Impact: The bottom line impact of this budget scenario is a net decrease of $2.39 per $100,000
of taxable value for unincorporated area residents and an additional $3.80 per $100,000 of taxable
value for city residents.
Advantages of this option are summarized below:
Advantages:
· Recognizes change in Community Park service level resulting from the Marco Island incorporation.
· Eliminates need to negotiate with cities for payments for Sheriff's service.
· Sheriffs operating costs will all be in one fund - simplifies the budget.
· Conforms to current case law - Sheriff's service is of county-wide benefit.
· Addresses inconsistencies of the 1980 dual taxation report - Everglades City residents help offset costs
of the Everglades sub-station.
Note: The analysis excludes the $800,000 received from the City of Marco Island as payment for Sheriffs
road palrol servict :: ~ FY 99. The budget reduction in funding for Marco Island will be made to the
degree to which Ix ; ; ', island is able to develop its own road patrol service.
Recommendation: That the Board of County. Commissioners authorize staff to proceed with allocating
100% of the Sheriff's budget to the General Fund (001), and reallocating the bulk of the Parks and
Recreation and Natural Resources Departments' budgets to the Unincorporated Area General Fund (111).
AGENDA ITEM
No.
HAR - 9
PB./ P
Rural/Urban Service Level Distinctions
During the recent strategic planning session with the Board, discussion focused on establishing service
level standards, especially when considered in terms of urban and rural areas of the County. The Board
directed that staff develop these service level standards.
In conjunction with this effort, there is value In simplifying the budget process to the extent possible by
minimizing the number of funds and the associated individual millages. Collier County has a large number
of MSTD 's/MSTU's as over time the Board of Count)' Commissioners has attempted to use this
mechanism to fund additional services requested by residents. However, the number of MSTD's adds
additional layers of complexity to the budget, as given services may be funded from "multiple pots of
money". For example, road maintenance is funded primarily in the Road and Bridge Fund (101), with
roadway materials, roadway resurfacing, and median maintenance funded primarily in the Road MSTD's.
Recommendation: During the next fiscal year, staff will develop service standards that distinguish
between urban and rural levels of service, while also attempting to streamline and simplify the County
budget by consolidating M STD' s/M STU' s where possible.
Funding of Median Beauti~cation Maintenance Costs
Collier County has never adopted a formal policy. regarding a dedicated funding source for the
maintenance of median beautification projects. Through the annual budget process, the practice has been
to fund median maintenance costs from the Road MSTD's.
Recommendation: Adoption of a budget policy recognizing the Road MSTD's as the appropriate,
dedicated funding source for median beautitication maintenance costs.
Capital Maintenance
On an annual basis, there is funding requested for the replacement/maintenance of major buildIng
components such as roofs, air conditioning units, exterior painting, chiller plants, etc. Funding for these
components may vary widely from year to year based on the useful life of the various components.
Recommendation: Establish a sinking fund for the eventual replacement of the building components
noted above. This is a standard business practice and will also eliminate major budget fluctuations in
capital maintenance/replacement from year to year.
Budget Calendar
Budget workshops are t)l~ically held in mid-June over a three day period. The Board must also adopt
proposed millage rates and forward them to the Propert}, Appraiser by no later than August 4, 1999.
The Board must also establish two public hearing dates forthe adoption of the FY 2000 budget in
September. The School Board has first priority in establishing public hearing dates, followed by the
County. The School Board final public hearing is scheduled on Thursday, September 16, 1999.
Recommendation: Recommended June workshop dates are Thursday June 17, Friday June 18, and
Monday June 21. The recommended date for adoption of the proposed millage is July 27, 1999 as this is
within the statutory timetable and makes allowances for a contingency date, if necessary. This date also
provides the Propert).' Appraiser additional time to prepare the TRIM notices for mailing in late August.
Recommended September public hearing dates are Tuesday, September 7 and Wednesday, September 22,
1999. AGENDA IT,(~M m
No. ~j ~ _j
MAR - 9 1, 19
Three Year Budget Projections
Ad Valorem Tax Funds
(FY 00 - FY 02)
The following report is a 3 year budget projection for the following ad valorem tax supported funds:
General Fund (001 ), M STD General Fund (111), and the Pollution Control Fund (114). This is the fifth
consecutive year this analysis was undertaken.
Millage Rates
Based on the assumptions utilized in this analysis, the following increases over the rolled back millage rate
would be required in FY 00.
Net inc. (Dec.) per
FY 99 Adopted Proiected Millage $100,000 Taxable
Fund Millage Rates Rates* Value
General Fund 3.5510 3.5969 $4.59
MSTD General Fund 0.5887 0.5175 ($7.12)
Pollution Control Fund 0.0413 0.0413 $0.00
*Projected millage rates assume 8% increase in taxable value in FY 00, 7.5% in FY 01, and 7% in
FY 02. The basis for the 8% figure is the average increase in taxable value from FY 97 - FY 99.
Revenue Assumptions, Allocations, and Policies
Ad Valorem Taxes
Ad valorem taxes are based on the following assumptions:
a. forecast revenue will be estimated at 96.65% of actual taxes levied due to early payment
discounts, non-payments, and successful appeals of assessed value to the Properly Appraisal
Adjustment Board.
b. The increase in taxable value added to the tax roll attributable to new consauction is
estimated at 4.0% for FY 00. Historical increases in new consauction were as follows: FY 99 -
4.3%; FY 98 - 4.8%, FY 97 - 4.4%, FY 96 - 4.2%, and FY 95 ~ 2.6%.
The Constitutional Amendment which limits increases in assessed value to 3% for homestead properties
may have significant impacts on individual properties and may redistribute tax burdens to non-homestead
properties.
Intergovernmental Revenues
Relevant revenue allocations and assumptions include:
a) State sales tax revenue will support debt service (refunding sales tax bonds), Road and Bridge
operations, and the General Fund, and is assumed to increase 7.5% armnally.
MAR - 9 1,999
b) State revenue sharing will support debt service (Guaranteed Entitlement bonds) with the remaining
balance supporting the General Fund. A 2.5% growth rate is assumed from this revenue source.
c) Gas taxes will be used to support debt service, the Roads Construction CIP, and the Road and Bridge
malmenance operations. As identified below, the FY 00 budget assumes that after debt service
requirements are met, $2,000,000 in gas taxes will be devoted to road maintenance, with the remaining
balance allocated to road construction.
Other Revenues
Constitutional Officer rambacks were based on an average of historical receipts. (See attachment F).
No revenues are budgeted from the interim government services fee.
Expense Assumptions
It is important to note that this analysis excludes any millage impact of a potential Jail expansion and
therefore, no associated operating impacts of a jail expansion during the period from FY 00 - FY 02.
Due to pending results of impact fee studies which include manpower analyses, no projected
expanded senices have been included for the SherifFs Office, with the exception of additional
Bailiffs required for courtrooms associated with the 4th Floor Courthouse renovations. This analysis
then focuses primarily on the inflationary. costs of existing sen, ices and on growth-related mandates.
There is no "mandate" to add Sheriff's personnel and, in the past, actual personnel requested by the
Sheriff have been less than indicated in this budget analysis.
All serx;ices provided currently will be funded in FY 00. The following inflationary increases were utilized
in the three year budgetary analysis: A 4% increase in Personal Services and a 3% increase in budgeted
operating expenses/capital outlay was assumed. A 5% reserve for contingency. in all funds was assumed.
A 4% attrition rate was assumed in the Cotmty Administrator's Agency and the Sheriffs Office.
In the General Fund, the proposed reserve for cash flow is $1,500,000. In the MSTD General Fund, the
proposed reserve for cash flow is $250,000. The pool of funds available for capital projects
funding/interim debt service is assumed to be $8,250,800 in the General Fund in FY 00 and will be
increased 4% annually thereafter.
In addition to inflationary costs of existing services, the analysis also includes program mandates, i.e.,
operating costs associated with completed capital projects.
General Fund Summary - FY 00
The FY 00 projected General Fund millage rate is 3.5969 or $359.69 per $100,000 of taxable value. This
is an increase of $4.59 per $100,000 of taxable value.
The following major factors impact FY 00 ad valorem taxes in the General Fund:
· Phase-in of Librarians to begin book collection (North Regional - 6 months) - $88,000.
· Clerk of Courts mandates expanded services - $467,600.
· Increase in General Fund support of EM S operations - $699,300.
· Annualized cost of Stormwater NPDES phase-in - $100,000.
· Net cost increase of $811,100 plus inflation due to Sheriff, Natural Resources, and Parks funding shift.
· Annualized cost of SherifFs positions added in FY 99 - $384,904.
· Additional bailiffs required due to 4th floor Courthouse expansion- $307,400. AG~"NDA iTEM
· Increase in support of Road and Bridge operations- $335,900. No.
· Reduction of available carryfonvard revenue - $1,311,345.
- 9 1999
Pg... /_~
Other Funds Impacting the General Fund
Individual analyses of the Road and Bridge Fund (Attachment B), Sales Tax Refunding Debt Service Fund
(Attachment C). Guaranteed Entitlement Bonds Debt Service Fund (Attachment D), and the EMS Fund
(Attachment E) were undertaken to determine the relative impact on the General Fund by fiscal year.
Road and Bridge Fund
Road and Bridge has a large impact on the General Fund due to the previous policy decision to reallocate
gas taxes from road maimenance to road construction. Road maintenance operations will be increasingly
supported by sales tax revenue that was previously available for use in the General Fund.
Due to available carryforward revenue in Road and Bridge, only $2,697,900 in General Fund support was
required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes
from road maintenance xo road construction. However, due to decreased carryforward revenue, coupled
with approved FY 97 e';panded services, the General Fund support increased in FY 97 by almost $2.3
million. In FY 98, 10~, , of available gas tax revenue was allocated to road construction. As such, the
required General Fund s~pport increased by $963,800. In FY 99 the trend was reversed as the Board used
$1,000,000 in gas taxes for road maintenance. The FY 00, FY 01, and FY 02 amounts of gas tax allocated
to road maintenance are $2 million, $3 million, and $4 million respectively. The historical and projected
General Fund support required is as follows:
Sales Tax Required for Road and Bridge
FY 95 - FY 02
6000
5000
4000
100~
96 96 97 98 99 00 01 02
Fiscal Year
EMS Fund
EMS is another fund that impacts significantly on the General Fund. In FY 96 the EMS rate structure was
changed to increase ambulance fees to $302 Ad valorem support of this fund amounted to $3,470,800 in
FY 96. A mileage component was added to EMS bills in FY 99.
In addition to inflationary cost increases, based on mandated response times as required in the Growth
Management Plan one (1) additional EMS unit is proposed in FY O0 to service the Fiddler's Creek area
Coetween 95 1 and State Road 92 on U.S. 41), and one (1) additional unit is proposed in FY 01 to be located
near Vandea~oilt and 951. In FY 02 there are no additional units proposed.
NAo .G E N D ~ TC:E-?/j
HAR - 9 1999
bemmeeememmemmme~-~
Ambulance fee revenue and the General Fund support by fiscal year are as follows:
Fiscal Year Fee Revenue (001) % Inc. In (001)
Support Support
FY 94 $2,400,000 $1,929,700 n/a
FY 95 $2,200,000 $3,284,400 70.2%
FY 96 $2,426,100 $3,470,800 5.7%
FY 97 $3,450,000 $3,901,700 12.4%
FY 98 $3,540,000 $3,864,500 (1.0%)
FY 99 $3,564,000 $5,840,600 51.1%
FY O0 $3,670,900 $6,223,200 6.6%
FY 01 $3,781,000 $6,922,500 10.0%
FY 02 $3,894,400 $7,198,700 4.0%
Sales Tax Refunding Bond Debt Service
Due to savings generated by refunding the sales lax bond issue, annual debt service payments in fund (215)
were reduced in both FY 95 and FY 96. As a result, the sales tax required for debt service for that 2 year
period was reduced and was therefore available for use in the General Fund and in Road and Bridge
operations. In FY 97 debt service payments increased substantially, thereby requiring more sales lax
revenue. In FY 98 there was only a $64,600 increase and In FY 99 there was only a $10,600 increase in
sales tax required for debt service.
As such, the bulk of growth In projected sales tax revenue is available for use in the General Fund and,
Indirectly, Road and Bridge operations. However, as the gas taxes allocated to Road and Bridge operations
increases, there is more net revenue available in the General Fund.
In FY 00 there is an Increase in the cash flow reserve required to fund debt service in FY 01, coupled with
a slight decrease in accumulated carryforward revenue. This necessitates a $66,600 increase in sales tax
revenue rc:luired for debt service.
In FY 01 there is an increase in the required cash flow reserve and a slight decrease in available
carryf. orward revenue, offset partially by a slight decrease in debt service payments. Overall, there is an
$109,200 Increase in required sales lax revenue.
In FY 02 available caxp/f. orward revenue increases and there is a slight decrease in debt service payments,
resulting in a net decrease of $13,000 in sales tax revenue required for debt service.
The budgeted sales tax required for debt service annually is as follows:
HAR - 9 1999
Pg.....
Sales Tax Required for Debt Service
FY 95 - FY 02
3500.
3000.
2500
2000
looo
500
0
95 96 97 98 99 O0 01 02
Fiscal Year
Guaranteed Entitlement Debt Service
There are only minor fluctuations in debt service requirements in the Guaranteed Entitlement Debt Service
Fund (204). As a result, the amount of revenue sharing available in the General Fund is relatively stable.
Carr~Tonvard Revenue
The following chart reflects budgeted and projected carryf, orward revenue in the General Fund from FY 95
to FY 02.
General Carryforward -
Fiscal Fund Dollar % of
Year Carryforward Inc./(Dec.) General Fund
FY 95 $14,373,500 n/a 14.4%
FY 96 $12,902,600 $ (1,470,900) 12.8%
FY 97 $10,671,300 $ (2,231,300) 9.8%
FY98 $13,305,400 $ 2,634,100 11.2%
FY 99 $16,214,400 $ 2,909,000 12.6%
FY 00 $14,902,955 $ (1,311,445) 11.1%
FY 01 $10,214,759 $ (4,688,196) 7.3%
FY 02 $10,938,431 $ 723,672 7.4%
This analysis identifies a major reduction in .,qvailable carryforward revenue. This is a result of budgeting
an operating shortfall in FY 99, i.e., budgelc :i reserves exceeded budgeted carryforward by $9,240,400.
This was done in an effort to reduce surplus, :::~Tyfom'ard revenue generated in prior fiscal years and to
avoid any taxing unnecessarily in FY 99.
However, d~e in large pan to $19.7 million in forecast carryforward revenue ($3.5 million above budget),
actual carrytom, ard revenue available in FY 00 actually decreases only $1.3 million.
In FY 00, a budgeted operating shortfall of $8.9 million exists, which would reduce available revenue
carrying forward into FY 01. Based on forecast FY 00 revenues and expenses, revenue carrying forward
,--, into FY 01 is reduced by approximately $4.7 million to $10,214,759.
N
HAR - 9 1 99
Pg
Based on forecast activity in FY 01, carryforward revenue stabilizes and actually increases to $10.9 million
in FY 02.
As carryforward decreases as a percentage of total General Fund expenses, it will become increasingly
difficult to meet cash flow needs during the first few months of opea-ations, prior to the receipt of ad
valorem tax proceeds.
Efforts to increase fund balance need to be undertaken. Any proposed reductions to General Fund reserves
during a fiscal year should be approved with extreme caution. The new proposed policy. related to not
considering external budget requests outside the boundaries of the budget process should assist in this
regard.
Constitutional Officer Turnbacks
During the period from FY 94 through FY 97, actual turnback revenue from the Constitutional Officers has
exceeded the forecast level by a range from $1,174,820 to $1,617,852. The variance between the actual
tumback and the budgeted turnback revenue is even greater. (See Attachment F).
Based on historical evidence, and in an effort to provide the most accurate picture of the projected ad
valorem requirements, Constitutional Officer turnbacks forecast in this analysis are based on an average of
historical levels. This provides additional revenue of $450,000 in FY 99. There is no projected turnback
revenue from the Sheriff as a 4% attrition level was factored into the Sheriffs expense budget.
Constitutional Officer Turnbacks
FY 91 - FY 98
6000.
5000-
4000.
3000-
2000-
1000-
91 92 93 94 96 96 97 98
Fiscal Year
IBBudget IForecast DActual ~
Tax Implications - General Fund (001)
In sum', the implications for future year General Fund millage rates required to fund the budget
developed in this analysis (Attachment A) are as follows:
FY 99 Adopted and Inc. (Dec.) per $100,000
General Fund Proiected Millage Rate Taxable Value
FY 99 3.5510 n/a
FY 00 3.5969 $4.59
FY O1 3.7445 $14.76 AGENDA ITEM
FY 02 3.6128 ($13.17)
HAR - 9 1999
As a point of reference, the following graph plots the historical General Fund millage rote, as well as the
projected millage rates from FY 00 through FY 02, based on the assumptions in this model.
General Fund Millage History
88 89 90 91 92 93 94 95 96 97 98 99 O0 01 02
Fiscal Year
FY 01
The projected General Fund millage rate is 3.7445 or $374.45 per $100,000 of taxable value. This
represents an increase of $14.76 per $100,000 of taxable value.
In addition to annual inflationary cost increases, the following mandates were included in the FY 01 budget
analysis:
· Clerk of Corms programs - $345,300.
· Annualized cost of North Regional Librarian positions - $91,520.
· Six month phase-in of North Regional Library operations - $510,000.
· Additional Sheriffs Bailiffs - $155,200.
As discussed previously, in FY 01 there is an increased transfer to support EMS operations in the amount
of $699,300. The transfer to support Road and Bridge operations decreases by $666,400.
In addition, projected car~Jfonvard revenue in FY 01 decreases by $4,688,196.
FY 02
The projected General Fund millage rate is 3.6128 or $361.28 per $100,000 of taxable value. This
represents a decrease of $13.17 per $100,000 of taxable value.
i~oGENDA~T~E/~
HAR - 9 19S9
'r
In addition to the inflationary costs of existing services, the following mandates were included in the FY 02
budget analysis:
· Annualized cost of North Regional library. operations. - $527,800.
· Clerk of Courts programs - $233,500.
· One additional Bailiff- $74,600.
The transfer to Road and Bridge decreases $701,700 and the transfer to EMS increases by $276,200.
However, projected can3.-forward revenue stabilizes and increases by $723,672.
Summan' and Implications
The tax increases required in this model are based on the specific revenue and expenses assumptions
outlined in each scenario. The proposed expanded services in the County Administrator's Agency are
associated with new facilities coming on-line.
Budget projections for the Clerk of Courts may have some latitude as they were worst case scenarios based
on implementing new programs dictated by the Legislature. The mandates in this case were submitted for
planning purposes only and are not based on actual budget submittals.
It is important to note that the model includes no non-mandated expanded services, including additional
Sheriffs deputies. However, the anal.vtical model also assumes that all services provided currently will be
funded in FY 00 - 1~~ 02.
Unincorporated Area General Fund (111)
Results of Unincorporated Area General Fund Analysis
In this analysis, the following expense assumptions were utilized: forecast 96% of budgeted appropriations
for operating dMsions and 100% of budgeted transfers, plus an additional $800,000 in FY 99 for Sheriff's
service based on the agreement reached with the City of Marco Island.
A 3% growth in cable television franchise fee revenues is assumed, less the $200,000 estimated reduction
based on the interlocal agreement with the City of Marco Island. A payment from the City of Marco Island
was included in the FY 99 forecast as a revenue source to offset the cost of Sheriff's service.
The implications for future year millage rates) required to fund the MSTD General Fund (111) budget
developed in this analysis (attachment G) are as follows:
Inc. (Dec.) per
Unincorporated FY 99 Adopted and $100,000
General Fund Proiected Millage Rates Taxable Value
FY 99 0.5887 n/a
FY 00 0.5175 ($7.12)
FY 01 0.5261 $0.86
FY 02 0.5630 $3.69
The narrative below provides an explanation of the major factors impacting this fund for the next three
fiscal years, [ AGENDA ITEM
· ..o._
PIAR 9 1999
FY 0(:~
In addition to annual inflationary cost increases, the following mandates were included in the FY 00 budget
analysis:
· Annualized cost of operations at South Naples Community Park - $155,000.
· Annual zed cost of expanded Fimess Center operations - $35,000.
The following major factor was also included in the analysis:
· Net cost reduction of $811,100 due to Sheriff, Parks, Natural Resources shift.
The analysis projects a millage rate of 0.5175 in FY 00 or $51.75 per $100,000 of taxable value. Per
$100,000 of taxable value, residents in the unincorporated area would pay $7.12 less in unincorporated
area taxes in FY 00.
FY 01
In FY 01, the projected millage rate is 0.5261 or $52.61 per $100,000 of taxable value which represents an
increase of $0.86 per $100,000 of taxable value. There are no mandates required in the FY 01 budget and
there are only inflationary' impacts of existing services.
FY 02
In addition to annual inflationax3' cost increases, the following mandates were included in the FY 02 budget
analysis:
· Phase-in of North regional Park operations - $565,000.
· Count>., golf course operations - $20(k000 net cost.
In FY 02, the projected millage rate is 0.5630 or $56.30 per 4100,000 of taxable value and represents an
increase of $3.69 per $100,000 of taxable value. This is the result of a result of inflationmy costs of
existing services and the net cost increase associated with the mandates ou~ined above.
HAR - 9 1999
Pollution Control Fund (114)
There are no mandates required during the period from FY 00 - FY 02. The only expense increases are
inflationary costs of existing services.
The forecasts assume 95% of budgeted operating costs and 100% of budgeted transfers will be expended
annually.
The Pollution Control Department has received annual funding to administer petroleum site clean-up
activities. However, this funding is based on a per site administrative allotment with clean-up activities
occurring over multiple years. Also, the number of new sites requiring clean-up has decreased
significantly each year. As a result, no offsetting revenue from this source is budgeted in FY 99 - FY 01.
A contract administration reserve was established for administrative reimbursements received from the
state to offset future year costs of administering clean-up activities. This reserve decreases to reflect costs
of administration.
The implications for future year tax increases over the rolled back rate required to fund the budget
developed in this analysis (Attachment H) are as follows:
Inc. (Dec.) per
Pollution Control FY 99 Adopted and $100,000
Fund Proiected Millage Rates Taxable Value
FY 99 0.0413
FY 00 0.0413 $0.00
FY 01 0.0427 $0.14
FY 02 0.0421 ($0.06)
The Pollution Control Department was created by voter referendum with a millage cap of. 1 mills. In FY
99, the adopted millage rate of 0.0413 is only 41.3 % of the maximum possible tax levy.
In FY 00 the projected millage rate is 0.0413 which is the same rate as levied in FY 99. This is a result of
inflationary cost increases and a slight deerease in projected carryforward revenue.
In FY 01 the projected millage rate is 0.0427 which represents an increase of $0.14 per $100,000 of taxable
value. This is a result of inflationary.~ cost increases and a $78,172 reduction in available carryforward
revenue. A portion of the carryf. orward reduction is offset by a $35,000 reduction in the contract
administration reserve.
In FY 02 the projected millage rate is 0.0421 which represents a decrease of $0.06 per $100,000 of taxable
value. The cany. forward decrease of $31,490 is offset in its entirety by a $35,000 reduction in the contract
administration reserve.
It is important to note that while this analysis reflects the need for additional tax dollars, the actual amounts
involved are relatively small. This department also uses temporary. employees extensively, and through
monitoring the number of hours worked can offset revenue shortfalls or the need for minor millage
increases.
AGENDA
HAR - 9 1999
Attachment B
Road & Bridge
Pund (1(}1)
Fiscal Year 2000 Budget
FY99 FY99 FYO0 FYO0 1:~/00 %
Adol~d Fc~ecast Current Exitinched Total Budget
Approlxiahon Unit Bucliret ExF/Rev Service Service Budil~t Chm~
Penonal Services 4,9902t00 4,790,700 5,239,800 0 5,239,800 5.0%
Operating Expenses 2,583,100 2,583,100 2,660,600 0 2,660,600 3.0%
Capital Outlay 371,100 371,100 371,100 0 371,100 0.0%
Transfers 0 0 0 0 0 N/A
Reserve-Merit Bcsmses 0 0 0 0 0 N/A
Atlntion (231,400) 0 (209,600) 0 (209,600) -9.4%
Reserves 487,400 0 413.600 0 413,600 - 15.1%
TotalAp~opnaUons 8,200,500 7,744,900 8,475,500 0 8,475,500 3.4%
Gas Taxes 1,000,000 1,000, CD0 2,000,000 0 2,000,000 100.05
Mobile Home Licenses l ~, 100 108, 100 108, 100 0 108, 100 0.05
hterest/Mtet 265,000 265,000 229,000 0 229,000 - 13.65
Cart5, Forveard 1,516!300 1,516,300 527,700 0 527,700 -65.2%
Sales Tax, Tram. (001) 4,979,400 4,979,400 5,315,300 0 5,315,300 6.7%
Transfers MSTD/MSTU 283,200 283,200 291,700 0 291,700 3.0%
ReLmbursements 120,600 120,600 120,600 0 120,600 0.0%
Revenue Reserve (72,100) 0 (116,900) 0 (116,900) 62.15
Total Revenues 8,200,500 8,272,600 8,475,500 0 8,475,500 3.4%
Road & Bridge
Fund (101)
Fiscal Year 2001 Budget
FY00 FY00 FYOI FY01 FY01 %
Adopted Fccecast Ctrrent Expanded Total Budgel
Appropr:anon Unit Budget Ex~ev Service Service Bud~t Chan~
Peractual Services 5,239,800 5,030,200 5,449,400 0 5,449,400 4.0%
Operating Expenses 2,660,600 2,660,600 2,740,400 0 2,740,400 3.0%
Capital Outlay 371,100 371,100 371,10O 0 371,100 0.05
Tramf era 0 0 0 0 0 N/A
Reserve-Merit Benuses 0 0 0 0 0 N/A
Atlrition (209,600) 0 (218,000) 0 (218,000) 40%
Reserves 413,600 0 428,000 0 428,000 3.5%
TotalAplxopnations 8,475,500 8,061,900 8,770,900 0 8,770,900 3.5%
Gas Taxes 2,000,000 2,000,000 3,000,000 0 3,000,000
Mobile Home Licenses 1 138, 10(1 108, 100 108, 100 0 1 131t, 100 0.0%
hterestjMtsc 229,0c~i 229,000 229,200 0 229,200 0.15
CanyFonnard 527.700 527;700 530.5D0 0 sln;'ina
Tramfers MBTD,~Mb~I'U 291,700 291,709 300,500 0 300,300 3.0Ye
R~imbursements 120,600 120,600 120,600 0 120,600 0.0%
Revenue Reserve (116,900) 0 (166,900) 0 (166,900) 42.g%
Total Revenues g,4'75,500 8,592,400 g,770,900 0 8,770,900 3.5%
Road & Bridge
Fund (101)
Fiscal Year 2002 Budget
FY Ol FY Ol FY 02 FY 02 FY 02 %
Adopted Feecoast Curr~t Expmded Total Budl~t
AFpropriation Umt Budlet Ex]YRev Setwee Service Bud[at Chan~
P,l~cnal 8errices 5,449,400 5,231,400 5,667,400 0 5,667,400 4.0%
Operating Expenses 2,740,400 2,740,400 2,822,6~ 0 2,822,600 3.0%
Capital Outlay 371,100 371,100 371,1 ~, 0 371,100 0.0%
Transfers 0 0 0 0 0 N/A
Reserve-Merit Bemuses 0 0 0 0 0 N/A
Ara'ihon (218,000) 0 (226,700) 0 (226,700) 4.0%
Reserves 428,000 0 443,100 0 443,100
TotalAppropriatiom 8,770,900 8,342,900 9,077,500 0 9,077,500
Gas Taxes 3,000,000 !000,000 4,000,000 0 4,000,000 33.3%
Mobile Home L~censes 108,100 108,100 108,100 0 108,100 0.0%
lnterestrMisc 229,000 229,000 232,200 0 232,200 1.45
C~r'y Forward 530,500 530,500 585,900 0 585,900 10.4%
Sales Tax, Trans (001) 4,648,900 4,648,900 3,947,200 0 3,947,200 -15.15 NAO,GENt~I.~!~
Transfers MSTD/MSTU 291,700 291,700 300,500 0 300,500 3.0%
Reu'nlya~ernents 120,600 120,600 120,600 0 120,600 O. 0% _
Revenue Reserve (166,900) 0 (217,000) 0 (217,000) 30.0%
Total Revenues 8,761,900 8,928,800 9,077,500 0 9,077,500 3.6%
HAR - 9 19 9
Pg-_..~5
Attachment C
Sales Tax Debt Service
Fund (215)
Fiscal Year 2000 Budget
FY 99 FY 99 FY 00 FY 00 FY O0 %
Adopted Forecast Currant Expanded Total Budget
Appropriation umt Budget Exp/Rev Service Service BudSet ChanSe
Debt Service 3,602,000 3,602,000 3,596,200 0 3,596,200 -0.2%
Cash Flow Reserve 2,668~000 0 2,703,200 0 2,703,200 1.3%
Debt S~rvice Reserve 3,628,500 0 3,628,500 0 3,628,500 0.0%
Total Appropriations 9,898,500 3,602,000 9,927,900 0 9,927,900 0.3%
Revenues:
Sales Tax 3,206,700 3,206,700 3,273,300 0 3,273,300 2.1%
Miscellaneous Revenue 250,000 250,000 250,000 0 250,000 0.0%
Carry Forward 6,614,600 6,726,100 6,580,800 0 6,580,800 -0.5%
Bond Proceeds 0 0 0 0 0 N/A
Revenue Reserve (172,800) 0 (176,200) 0 (176,200) 2.0%
Total Revenues 9,898,500 10,182,800 9,927,900 0 9,927,900 0.3%
Sales Tax Debt Service
Fund (215)
Fiscal Year 2001 Budget
FY 00 FY 00 FY 01 FY 01 FY 01 %
Adopted Forecast Current Expanded Total Budgel
Appropriation Unit Budget Exp/Rev Service Service Budget ChanSe
~-_ Debt Service 3.596,200 3,596,200 3,585,200 0 3,585.200 -0.3%
Cash Flow Reserve 2.703,200 0 2,745,100 0 2,745,100 1.6%
Debt Service Reserve 3,628,500 0 3,628,500 0 3,628,500 0.0%
Total Appropriations 9,927,900 3,596,200 9,958,800 0 9,958,800 0.3%
Revenues:
Sales Tax ~. 2'73,300 3,273,300 3,382,500 0 3,382,500 3.3%
Miscellaneous Revenue 250,000 250,000 250,000 0 250,000 0.0%
Carry Forward 6,580,800 6,580,800 6,507,900 0 6,507,900 -1.1%
Bond Proceeds 0 ~3 0 0 0 N/A
Revenue Reserve (176,200) 0 (181,600) 0 (181,600) 3.1%
Total Revenues 9,927,900 10,104,100 9,958,800 0 9,958,800 0.3%
Sales Tax Debt Service
Fund (215)
Fiscal Year 2002 Budget
FY 01 FY 01 FY 02 FY 02 FY 02 %
Adopted Forecast Currant Expanded Total Budget
Appropriation Unit BudSet ExpfRev Service Service BudSet ChanSe
Debt Service 3,585,200 3,585,200 3,576,100 0 3,576,100 -0.3%
Cash Flow Reserve 2,745,100 0 2,789,100 0 2,789,100 1.6%
Debt Service Reserve 3,628,500 0 3,628,500 0 3,628,500 0.0%
Total Appropriations 9,958,800 3,585,200 9,993,700 0 9,993,700 0.4%
Revanues:
Sales Tax 3,382,500 3,382,500 3,369,500 0 3,369,500 -0.4%
Miscellaneous Revenue 250,000 250,000 250,000 0 250,000 0.0%
Carry Forward 6,507,900 6 507,900 6,555,200 0 6,555,200 0.7% AGENDA ITEM
Bond Proceeds 0 0 0 0 0 N/A
"' Revan.eRes~',e 081,600) 0 <181,000) 0 (181,000) -0.3% NO. ~: ~ (5'J
Total Revenues 9,958,800 10,140,400 9,993,700 0 9,993,700 0.4%
HAR - 9 1999
Attachment D
Revenue SharingDebt Service
Fund (204)
Fiscal Year 1999 Budget
FY 99 FY 99 FY 00 FY 00 FY 00
Adopted Forecast Current Expanded Total Budget
Appropriation Unit Budgel Exp/Rev Service Service Budget Change
Debt Service 377,000 377,000 373,300 0 373,300 -1.0%
Cash Flow Resen'e 348,500 0 356,800 0 356,800 2.4%
Debt Service Reserve 0 0 0 0 0 N/A
Total Appropriations 725,500 377,000 730, 100 0 730, 100 0.6%
Revenues:
Revenue Sharing 363,000 363,000 368,200 0 368,200 1.4%
Miscellaneous Revenue 12,800 12,800 12,800 0 12,800 0.0%
Carry Forward 368,500 369,400 368,200 0 368,200 -0.1%
Bond Proceeds 0 0 0 0 0 N/A
Revenue Reserve (18,800) 0 (19,100) 0 (19,100) 1.6%
Tolal Revenues 725,500 745,200 730,100 0 730,100 0.6%
Revenue SharingDebt Service
Fund (204)
Fiscal Year 2001 Budget
FY 00 FY 00 FY 01 FY 01 FY 01 %
Adopted Forecast Current Expanded Total Budget
Appropriation Unit Budget Exp/Rev Service Service Budget Change
Debt Service 373,300 373,300 374,600 0 374,600 0.3%
Cash Flow Reserve 356,800 0 359,800 0 359,800 0.8%
Debt Service Reserve 0 0 0 0 0 N/A
Total Appropriations 730, 100 373,300 734,400 0 734,400 0.6%
Revenues:
Revenue Sharing 368,200 368,200 364,600 0 364,600 -1.0%
Miscellaneous Revenue 12,800 12,800 12,800 0 12,800 0.0%
Carry. Forward 368,200 368,200 375,900 0 375,900 2.1%
Bond Proceeds 0 0 0 0 0 N/A
Revenue Reserve (19,100) 0 (18,900) 0 (18,900) -1.0%
Total Revenues 730, 100 749,200 734,400 0 734,400 0.6%
Revenue SharingDebt Service
Fund (204)
Fiscal Year 2002 Budget
FY01 FY01 FY02 FY02 FY02 %
Adopted Forecast Current Expanded Total Budget
Appropriation Unit Budget Exp/Rev Service Service Budget ChanlF
Debt Service 374,600 374,600 370,400 0 370,400 -1.1%
Cash Flow Reserve 359,800 0 367,600 0 367,600 2.2%
Debt Service Reserve 0 0 0 0 0 N/A
Total Appropriations 734,400 374,600 738,000 0 738,000 0.5%
Revenues:
Revenue Sharing 364,600 364,600 365,400 0 365,400 0.2%
Miscellaneous Revenue 12,800 12,800 12,800 0 12,800 0.0%
Carry Forward 375,900 375,900 378,700 0 378,700 0.7% AGENDA ITEM ]
Bond Proceeds o o o o o ~A No, ,~F c-- (~ J
Revenue Reserve (18,900) 0 (18,900) 0 (18,900) 0.0%
Total Reve.u~ 734,400753,300738,0000738,0000.5% MAR - 9 1999
pg._
Al~chmnt g
Emergenc~ Medicnl Services Fund
~ O0 Bedg~
FY 99 ~ 99 ~ 00 ~ 00 FY 00
Adopted Fo~t C~I ~m~d To~ Budgfl
Appropfia~on umt Budget E~ev S~ ~ce Budget
P~on~ S~c~ 7,38~,600 7,385,600 7,681,000 330,300 8,01 L300
~em~gE~e~ 1,551,900 1,551,900 1,578,500 38,300 1,616,800 4.2%
C~ ~aay 0 0 0 0 0 N/A
T~fm 2,000 2,000 2,~0 0 2,000 0.~A
Rme~es 5~7,900 0 463,000 18,400 481,4~ -12.1%
To~Approp~a~om 9,487,400 8,939,500 9,724,500 387,000 10,111,5~ 6.6%
Revenu~
~b~ F~s 3,56~,000 3,207,600 3,670,900 0 3,670,900 3.0%
~or Ye~ Rev~ue 0 0 0 0 0 N/A
T$ G~ ~d 5,840,6~ 5,840,600 5,836,200 387,0~ 6.223,200 6.6%
Im~isc. ~,7~ ~.7~ ~,700 0 ~,700 0.0%
C~ Fo~d 188,2~ 119,3~ 316,700 0 316,700 68.3%
Rev~ueRes~e (194,100) 0 (18&0~) 0 (188,000)
To~ Revenue 9,~87,~00 9,256,200 9,724,5~ 387,0~ 10,111,500 6.6%
Emergency Medical Services
Fund (490)
FY O1 Bsdg~t
FYO0 FYO0 FYOI FYO1 FYOI %
Adopted Forecast Curnmt Expanded Total Budgel
Appropna~on Umt Budget Exp,cRev Seeace Sm'~ce BudSel Cha~e
Personal Services 8,011,300 8,011,300 8,331,800 343,500 8,675,300 8.3%
Operating Expenses 1,616,800 1,616,800 1,665,300 39,400 1,704,700 5 4%
Capital OuOay 0 0 0 0 0 N/A
Transfers 2,000 2,000 2,000 0 2,000 0 0%
Reserves 481,400 0 499,900 19,100 519,000 7.8%
To~alAppropnat~on~ 10,111,500 9,630,100 10,499,000 402,000 10,901,000 7.8%
Ambulance Fees 3,670,900 3,303,800 3,781,000 0 3,781,000 3.0%
Prior Year Revenue 0 0 0 0 0 N/A
TratB Gent Fund 6,223,200 6,223,200 6,520,500 402,000 6.922,500 11.2%
lntareat/Misc 88,700 88,700 88,700 0 88,700 0.0%
Carry' FoByard 316,700 316,700 302,300 0 302.300
Revenue Reserve (188,000) 0 (193,500) 0 (193,500) 2.9%
TotalRevenue 10,111,500 9,932,400 10,499,000 402,000 10,901,000 7.8%
Emergency Medical Services
Fund (490)
IvY ol Bmdl.t
FY 00 FY 00 FY 01 F'Y O1 FY 01
Adopted Forecast Current Expanded Total Budge(
Appropnalion Unit Budget Exp/Rev 8er~ce Ser,ace Budget Chanl~e
Personal Serv,.c~ 8,675300 8,675,300 9,022,300 0 9,022,300 4.0%
Operating Expena~ 1,704. tO0 1.704,700 1,755,800 0 1,755,800 3.0%
Capital Oufiay 0 0 0 0 0 N/A
Trarmfecs 2.000 2,000 0 0 0 -100D%
Reserves 519.000 0 538,900 0 538,900 3.8%
TotalAppropriations 10,901,000 10,382,000 11,317,000 0 11,317,000 3.8%
Ambulance Foe~ 3,781,000 3,402,900 3,894.400 0 3,894.400
Trans. Genq. Fund 6,922,500 6,922,500 7,198,700 0 7,198,700
Intesest/Misc. 88,700 8S,700 88,700 0 88,700 0.0%
Cmy Forward 302,300 302,300 334,400 0 334,400 10.6%
Revenue Reserve (193,500) 0 (199,200) 0 (199,200) 2.9%
?o,., R ...... lo,ol,ooo ,o,716,4oo ,,,3,,,ooo o ,1,,,7,000 ,.8% HAR - 9 1999
-' .~;,.~r,, .~ ~.~ . ,.
o " il'~ "~ ~il~'~:
~ ~ ~ ~ ~ ~ GEND TE
..... E ~
~ ~ ~o
~ ,, ~ ~ =, ~ o ~ ~ o = ~ '~ ~ 9 1999
pg., 2 ~
MAR - 9 1999
AGENDA ~E~
1999
MAR - 9
EXECUTIVE SUMMARY
RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO
ACCEPT A SETTLEMENT PROPOSAL OF $7500.00 TO RESOLVE THE CASE OF
MARSHALL v. COLLIER COUNTY, CASE NO. 97-541-CIV-FTM-24D, NOW PENDING
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF
FLORIDA.
OBJECTIVE: To obtain Board approval of a settlement proposal received from the
Plaintiff, Randall Marshall, in Marshall v. Collier County, Case No. 97-541-CIV-FTM-24D,
now pending in the United States District Court for the Middle District of Florida, to resolve the
case for $7500.00.
CONSIDERATIONS: Mr. Marshall sued the County in December of 1997, claiming that
he was discriminated against on the basis of his age after he was denied a position as a Code
Enforcement Investigator in 1996. Following completion of approximately one-half of the
discovery in the case, Mr. Marshall proposed to settle the case for $7500.00. From the County's
point of view, this is essentially a "cost of defense" settlement proposal.
FISCAL IMPACT: If Mr. Marshall's settlement proposal is accepted, the cost to the County
will be $7500.00 plus the minimal cost expended to date in the defense, which is estimated to be
less than $1000.00. Payment of the settlement sum will be from the County's Property and
Casualty Fund No. 516-121650. Should the County decide to reject the proposed settlement, it is
estimated to have exposure to damages of between $11,000 and $15,000, as well as attorney's
fees and costs in an estimated amount of $20,000.00. This estimate is based on a two-day trial in
federal court. At this time, the assumption is the trial would be in Fort Myers, but this could
change based upon the dockets in the federal court. If the case is transferred to Orlando or
Tampa, the costs would be increased.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To approve the settlement proposal from the Plaintiff in Marshall
v. Collier County, in the amount of $7500.00 and authorize the Chairwoman to execute the
appropriate settlement documents.
Michael W. Pettit
Assistant County Attomc,
Reviewed By: (~-7[~'-' Date:
fef'x/Walker
Director, Risk Manageme~:~ Dept.
Approved By:/~L ~ Z LTt. Z_ Date: ~'///t 7
David C. Weige'l'" ~.]
County Attorney
h:\lkitigation\marshall\exesumm-mwp
MAR O 9 1999
2 p~.
EXECUTIVE SUMMARY
RECOMMENDATION TO CONSIDER A SETTLEMENT
PROPOSAL IN THE CASE OF ANITA MANN, et al. vs.
COLLIER COUNTY, CASE NO. 98-929-CA, PENDING
IN THE TWENTIETH JUDICIAL CIRCUIT COURT,
COLLIER COUNTY, FLORIDA
OBJECTIVE: The Board consider a settlement proposal from the plaintiffs in the case
entitled Anita Mann & Lester Mann vs. Collier Coun.ty, Case No. 98-929-CA, currently pending in
the Twentieth Judicial Circuit Court, in and for Collier County, Florida in the amount of forty-two-
thousand-five-hundred ($42,500.00) dollars, in exchange for the full release and dismissal of the
lawsuit with prejudice, each side to bear it's own costs and attomey's fees associated with this
lawsuit.
CONSIDERATIONS: In March of 1998 the above named plaintiffs filed a two (2) count
complaint against Collier County in the Twentieth Judicial Circuit Court, Collier County, Florida,
alleging negligence on behalf of the County. This complaint, which may be categorized as a
premises liability action, claims that in February of 1995, Anita Mann was walking through Frank
E. Mackle Park, Marco Island, Florida. At that park site the County had erected numerous cooking
grill stations for use by the visitors to the facility. These grills were constructed upon steel posts,
which protruded approximately twenty-one (21 ) inches from the ground. At some point in time, one
of the grill units was removed from one of the posts, leaving the post alone projecting from the
ground. It was during this time that Mrs. Mann walked into the post, cutting the inside of her right
leg, slightly above the knee. Among other things, Mrs. Mann claims that the resulting laceration,
which was six (6) centimeters in length and required nineteen (19) stitches to close, caused nerve
damage, loss of mobility and pain and suffering which continues to this day. Plaintiff, Lester Mann's
claim in the lawsuit is for loss of companionship and consortium due to the injury allegedly
sustained by his wife. The County has denied liability in this matter and the case is cun'ently
scheduled to proceed to trial before the Hon. Hugh D. Hayes, Circuit Court Judge, for the trial term
beginning March 5, 1999.
The initial settlement offer from the plaintiffs in this lawsuit was for two-hundred-fifty-
thousand ($250,000.00) dollars. However, after a change of attorney and the completion of most,
if not all, of the necessary discovery, Mr. and Mrs. Mann have presented an offer to resolve this
matter for forty-two-thousand-five-hundred ($42,500.00) dollars. It is appropriate and necessary
that such offer be communicated to the Board. County's counsel and the Risk Management Director
estimate that a potential financial liability and exposure to the County in a case of this type may
approximate two-hundred-thousand ($200,000.00) dollars. It is the recommendation of outside
counsel for the County and the County Risk Management Department that the above described
settlement offer should be accepted by the Board.
MAR 0 9 1999
pg.
FISCAL IMPACT: By agreeing to the settlement proposal, the fiscal impact on the County would
be limited to an amount not to exceed forty-two-thousand-five-hundred ($42,500.00) dollars, plus
the expenses incurred for costs and outside counsel through closeout. Payment of the settlement
would come from Collier County Property & Casualty Fund No. 516-121650. It is the opinion of
outside counsel that the expense of proceeding through a trial in this lawsuit would be in the range
of ten-thousand ($10,000.00) additional dollars, plus the potential exposure of an award to the
plaintiffs based upon a jury verdict in their favor.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize outside counsel and the Risk Management
Department to settle this lawsuit pursuant to the terms outlined above and to authorize the Board
Chairwoman to execute the ~on review by the County Attorney.
PREPARED ~ DATE: ~/1{~
Lawrence Samuel Pivacek
Attorney At Law,
Counsel For Collier County
,~df'f Walker, Director
Risk Management Department
Di vici C. Wdigei, Esq. ~5}
County Attorney
MA2 0 ? 1999
pg...
3301 East Tamiami Trail · Naples, Florida 34112-4977
John C. Norris (941) 774-8097 · Fax (941) 774-3602
Disthct 1
James D. Carter Ph.D.
District 2 February. 26. 1999
Timothy J. Constantine
Distdct 3
Pamela S. Mac'Kie
Distnct 4
Barbara B Berry
Distact 5
Mr. Charles Fortson
Economic Development Administration
Atlanta Regional Office
401 W. Peachtree St., N.W., Suite 1820
Atlanta, Georgia 30308
Dear Mr. Fortso:",:
Collier County supports the Overall Economic Development Program (OEDP) Annual Report
prepared by the Southwest Florida Regional Planning Council and submitted in Februa~' 1999.
,,._.. 'the overall focus of the OEDP remains job creation and diversification of the local economy.
Collier County recognizes the need to support and promote economic development through local
and regional initiatives. Additionally, the County recognizes that long-range economic
development planning is mutually beneficial to the County,, it subsidiaries. and the designated
redevetopment centers within the County. For this reason. the County wishes to remain an active
member of the Regional Economic Development District and participate in its planning efforts
involving economic development in Southwest Florida.
VeD' truly yours,
Pamela S. Mac'Kie, Chairwoman
Commissioner, District 4
PSM:sf
cc: Wayne Daltry, SWFtLPC
4980 Bayline Drive, 4th Floor
N. Ft. Myers, FL 33917
AGENDA'~i EM
/"' No./t7) >T~
HAR 0 9 1999
Pg. / .
CEIV E
Southwest Florida Regional Planning~'~ouncff
4980 Bavlinc Drive, 4th Hoor. N. FL Myers. 656-7720
FAX 941-656-7724
February. 24, 1999
The Honorable Barbara Berry
Collier Count3.' Board of CounD' Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Dear Chairperson Bert)':
Enclosed, please fred a cop) of the Southwest Florida Regional Planning Council' s 1998-99 Overall
Economic Development Program (OEDP) Annual Report. The Council approved this report and a
request for letters of support from each county at its meeting on Thursday, FebruaD' 18, 1999.
The report is one of several requirements the Council must comply with in order to remain an
Economic Development District (EDD) and to receive a small planning grant from the Economic
Development Administration (EDA). Membership in the EDD allows each count>, in the region to
receive an additional 10% in grant funds when applying to EDA for funding under its Public Works
Program. The planning grant allows Council staff to work with your staff members on economic-
development related projects.
EDA requires the Council to collect, from each county in the region o,,~ an annual basis, a letter of
support stating the county's interest in remaining an active member of the Economic Development
District and supporting the OEDP. We ask that you prepare a letter of support for this purpose (a
sample letter is artached) and send a copy of it to our office for our files.
Should you have any questions, please contact me or Dottie Cook of staff.
Sincerely,
Southwest Florida Regional Planning Council
Executive Director
Enclosure I'qAR O 9 1999
Pg.,
(PrmteC
F~ecycled Paper
OEDP ANNUAL REPORT
Planning Grants to Economic Development Districts,
Redevelopment Areas, and Indian Tribes
Section 301(o)
Public Works and Economic Development Act of 1965, as mended
Award Number: 04-05-I 1152-98
Grant Period: April 1, 1998 - March 31, 1999
Southwest Florida Regional Planning Council
P. O. Box 3455
North Fort Myers, Florida 33918-3455
February 1999
MAR O 9 1999
Pg J
TABLE OF CONTENTS
Page
The Overall Economic Development Program Committee ............................ 1
Past Year's Activities ................................................... 2
Changes in the Area's Economy ............................................. 6
Development Strategies ................................................... 6
HAR 09 1999
OVERALL ECONOMIC DEVELOPMENT PROGRAM
ANNUAL REPORT
[~1 The Overall Economic Development Program Committee
Members of the Southwest Florida Regional Planning Council (SWFRPC), a multi-jurisdictional
planning agency, comprise the Overall Economic Development Program (OEDP) Committee. The
SWFRPC provides technical and planning assistance to six counties in Southwest Florida:
Charlone, Collier, Glades, Hendry, Lee, and Sarasota. The coordination functions of the Council
include reviewing and maintaining local comprehensive plans, acting as a clearinghouse for federal
and state agencies, and providing technical assistance. The Council also undertakes economic
development, transportation planning, and emergency management planning activities.
The Council is organized under Section 163.01 and Chapter 186, FlOrida Statutes. Operating
procedures consist of an interlocal agreement, which has not been amended since 1980, and
bylaws. Council membership totals 33, of which two-thirds are elected officials. The remaining
members are appointed by the Gc'.'~rnor. Five ex-officio members also have seats on the Council.
All six counties are represented on the Council, as well as 10 of the 15 municipalities in the
Region. The current composition of the Council reflects a minority participation rate of 15.2%
among voting members. This rate exceeds the minority composition of the Region (11.7%), based
on 1990 Census population data.
The Council is assisted by a professional staff of 27 and a number of special purpose committees.
These committees make recommendations that are presented to the Council for approval. The
former Economic Development Committee, now the Economic Development Coalition, is one
such committee.
SWFRPC staff worked with Florida Gulf Coast University (FGCU) staff to coordinate the
consolidation of SWFRPC's Economic Development Committee with the organization FGCU
staffed, the Southwest Florida Regional Economic Development Coalition. The joimng of these
two groups was agreed to and voted on in October 1997. The first full meetings of the newly
joined group were held in 1998. The new organization, the Southwest Florida Regional Economic
Development Coalition, .is staffed by SWFRPC with assistance from FGCU.
The full membership of the Coalition functions much like SWFRPC's Economic Development
Committee did in the past. Members meet on a regular basis to discuss issues of regional
importance and to hear presentations on other programs. At those meetings, the Coalition also
discusses how it will respond to issues of regional significance. Between meetings, the Executive
Directors of the local economic development organizations meet as needed to address issues of
immediate concern to the region.
Page l MAR 09 1999
pg._
At the April meeting, two subcommittees were formed to focus on two areas. The f~rst
subcommittee is a research group designed to coordinate research efforts in the region. The group
was created to ensure consistency of data and to eliminate duplication of efforts. Research
material, where feasible, is posted on SWFRPC's website (www.swfrpc.org). Links to county
and city websites are also provided at the SWFRPC website.
The second subcommittee focuses on rural issues. This group examines rural infrastructure and
development problems and searches for ways to resolve them. The subcommittee identifies
funding sources or other alternatives to help communities address their critical infrastructure
needs.
The merger of the two groups has been beneficial in both the short and long term. The research
subcommittee has become extremely active and is addressing specific, mediate issues. In the
long term, the Coalition provides a structure for comprehensively addressing legislative and other
regional issues. Also, the association with the new university offers opportunities to coordinate
data collection and management activities.
[~1 PAST YEAR'S ACTIVITIES
--- The following is a list of projects and programs that were included in the 1997 OEDP that was
prepared by the Southwest Florida Regional Planning Council' s Economic Development Committee.
These projects were scheduled for initiation in the short-term or were already on-going projects.
Each project is followed by a brief description of the status of the project.
Short-Term Projects:
1. Develop research and demographic information for the entire Region and marketing material
for the communities as needed.
Status: This project is underway through the Research Subcommittee of the Southwest
Florida Regional Economic Development Coalition. The Research Subcommittee is
identifying the major research gaps and ways to fill them. The coastal counties have already
developed their marketing materials and share them with one another through the Research
Subcommittee. Both staff and members from the coastal counties have provided assistance
to Hendry County as it develops its own marketing materials for both the County and its
growing industrial park at its airport. The Research Subcommittee will continue to meet in
1999 to address the research needs of the region.
2. Identify available technical assistance programs for businesses and include them in a
resource guide for new and expanding businesses.
Status: Some of the counties already provide this service for their businesses. On a regional
basis, the information is currently available but has not been put in a
guide. This effort will be reviewed by the Research Subcommittee an cor~e.f-~ r/eT~'ld.
/
Page 2 HAR O 9 1999
3. Inventory economic development financial programs available to assist existing business
expansion and new business location. Facilitate local business access to these funding
SOUrCeS.
Status: The information is available and is used on a daily basis to refer individuals and
businesses to sources for funding and assistance.
4. Assess the need for additional loan programs locally, such as micro-loan and revolving loan
fund programs, and determine if they should be offered on a regional or county basis.
Status: Several counties have examined and/or initiated micro-loan programs. On a regional
basis, once the Southwest Florida Regional Development Corporation reaches a sufficient
size and capacity, it will explore the possibility of offering additional loan programs like
micro-loans or revolving loan funds. These programs have been examined in the past by the
Regional Planning Council, but currently the Council does not have sufficient staff or
funding available to offer them.
5. Provide eco-tourism information for the Region on the Regional Planning Council's web-
site.
Status: The state has initiated an extensive effort to identify all eco-tourism sites in Florida
for inclusion in a large database. Staff will be involved in reviewing the submitted sites and
forwarding them to the state. As this statewide effort develops, staff will incorporate some
of the information on its website, while connecting with the larger state effort as it continues
to develop.
6. Develop a strategy to assess the needs of area employers to determine the skills that are most
needed by employees.
Status: This effort is being undertaken by Lee County which hired a consultant to perform
a labor study. Sarasota County is exploring the possibility of doing a similar study. Because
the adequacy of the workforce is a major issue affecting all economic development efforts
in the region, this issue will be discussed at upcoming Coalition meetings to determine
necessary regional actions, such as revised job training programs, etc.
7. Demonstrate to residents the benefits of reducing the Region's over-dependence on
residential properties for tax revenues.
Status: This effort has not been initiated although staff is examining several regional
economic models that would show the impacts of various activities and projects. While the
models are expensive, they would be of assistance in completing this process.
Page 3 t'l~R 09 1999
--- On-Going Projects:
1. Continue to support and market the Southwest Florida Regional Development Corporation
and the SBA 504 Loan Program.
Status: Staff and the newly elected officers of SWFRDC are initiating an extensive
marketing campaign for SWFRDC in order to boost the number of loans. This program
helps fill a gap for businesses that are seeking capital but cannot qualify for conventional
loans. With the number of small and growing businesses in the region, the market for this
program appears strong.
2. Assist the agencies that offer business assistance programs in marketing their services.
Status: This is done on an informal, word-of-mouth basis. The Research Subcommittee will
help identify additional marketing gaps that should be filled.
3. Develop a database that contains information on local businesses conceming their needs for
capital or other assistance and the products they purchase and sell.
Status: This has been initiated in one county. Based on their results, staff will determine if
it is feasible to expand the database to develop a regional service.
~-" 4. Provide assistance to rural and other interested communities to develop an eco-tourism
market and related programs.
Status: This has been an on-going activity of the Regional Planning Council through its
efforts with the Greater Lake Okeechobee Tourism Alliance (GLOTA) and now Florida's
Freshwater Frontier organization which seeks to promote eco-tourism. Staff provided
information and assistance to two communities in applying for grants through the
Department of Community Affairs for eco-tourism and tourism related activities. Both
communities were successful in receiving funding for their activities. The goal of
developing an eco-tourism market is to create jobs and bring visitors to the area. In
communities like Glades County, Hendry County, and Immokalee, new jobs, especially in
areas other than agriculture, are beneficial to the residents.
5. Assist in the development of marketing packages that focus on eco-tourism activities.
Status: Again, this has been an on-going activity of the Regional Planning Council through
its efforts with the Greater Lake Okeechobee Tourism Alliance (GLOTA) and now Florida's
Freshwater Frontier organization which seeks to promote eco-tourism. As the state's effort
to identify eco-tourism sites proceeds, the ability to develop package tours will increase.
NAR O 9 1999
Page 4
6. Help communities locate funding for eco-tourism facilities such as bike trails, parks, etc.
Status: This has been an on-going activity. Staff notified Hendry County, the City of
Clewiston and the City of Moore Haven about funding opportunities for parks and trails.
Each community applied and at least two received funding. A final funding decision has not
been made on the one program. Again, these efforts are intended to bring visitors to the
areas and create new jobs, thereby enhancing the living conditions of residents.
7. Work with communities to target industries appropriate for their markets.
Status: This has already been done by the coastal counties. Hendry County will undertake
this activity this year as it prepares its strategic plan for which it received funding from EDA.
8. Identify. funding sources to provide necessary infrastructure.
Status: This is an on-going activity with staff constantly looking for funding sources for
projects in the six counties. Staff and the County's consultant were successful in writing and
submitting an application on Hendry County's behalf to EDA to receive funding to prepare
a strategic plan for economic development. A major focus of the plan will be to examine the
County's high unemployment rate to determine how new jobs can be created. Hendry
County. was also successful in receiving funding to provide infrastructure at its industrial
park near Clewiston. This project will produce new jobs in the County. The issue of
infrastructure will also be addressed by the Rural Subcommittee of the Economic
Development Coalition.
9. The Southwest Florida Regional Planning Council and local governments should take
proactive steps to mitigate the negative aspects of population-driven growth.
Status: This activity is on-going with the Regional Planning Council and local governments
revie~ing new development to reduce the negative aspects of growth. Since the OEDP was
originally submitted, the Army Corps of Engineers has initiated an Environmental Impact
Statement (EIS) process for pans of Lee and Collier Counties to determine the current and
projected impacts of growth. The EIS could result in changes for future development.
The projects and programs listed under the long-term portion of the 1997 OEDP have not been
initiated. These projects were not intended to begin until 1999.
Additional on-going activities that staff is involved in include attending local economic
development organizations' monthly meetings whenever possible. In this way, staff stays current
on local issues and learns of opportunities to provide assistance. Staff also participates on task
forces whenever needed.
SWFRPC continues to publish the monthly Economic Views newsletter which tracks airport traffic,
building permits, sales, and employment data for the region. This information
Page 5 MAR 09 1999
,.-- Finally, staff responds to information requests from businesses, individuals, and communities
requesting specific data for a certain area or information on programs and resources. From April
1, 1998 to January 30, 1999, staff responded to 146 requests for such information. Some of the
information requested is readily available, while other information must be comp~ed from existing
or outside sources of data.
C! Changes in the Area's Economy
Fortunately, there have been no significant downturns in the area's economy in the past year.
While unemployment is low in the state and U.S. as a whole, it is currently very low in the coastal
counties. According to the October revised figures released by the Florida Department of Labor
and Employment Security, unemployment was 2.1% in Sarasota County, 2.9% in Lee, 4.1% in
Collier, and 3.3 % in Charlotte. The low unemployment rates make it difficult for some employers
to fred workers. The adequacy of the workforce is an area of major concern for area economic
development organizations.
At the same time, unemployment in the rural counties remains extremely high. The October 1998
revised rates for Glades and Hendry Counties were 8.5% and 12.6%, respectively. The high
unemployment in Hendry County will be a major focus of the County's strategic plan.
One project that may have a future impact on economic growth is an Environmental Impact
Statement 0EIS) being conducted for the southern portion of Lee County and the western portion
of Collier County by the U.S. Army Corps of Engineers. The purpose of the study is to examine
past and proposed future development in the study area and prepare permitting procedures for
future development. At this point, the impacts of the study on future development are unknown.
~1 Development Strategies
The 1999-2000 Economic Development Program will build on the accomplishments of the
previous years. Using the same development strategy, SWFRPC will focus on four areas: staff'rag
the Economic Development Coalition and its subcommittees, expanding the regional database,
identifying projects for financial assistance, and providing technical assistance.
Regarding the Coalition, SWFRPC staff will continue to coordinate the meetings of the Coalition
and its subcommittees. The Coalition will remain an important forum for discussing and
addressing issues of regional significance in a coordinated, timely manner. Membership on the
Coalition, as well as its subcommittees, will be open to any interested organization.
Secondly, SWFRPC will expand the regional database to include more information based on the
needs of the Economic Development Coalition. Already, SWFRPC has taken great strides in
making historical information on the local economy more readily available, oOHt~l~ts ' ~ e
Page 6 ~4AR 0 9 1999
and through its website. As the research subcommittee continues, a much broader range of
regional data could be collected and made accessible through the Council.
SWFRPC will continue to identify projects for funding by EDA and other agencies. Staff
regularly reviews notices and applications for state, federal, and private programs to determine
if they are applicable to local communities. If they are, the information is forwarded directly to
the conununity representative along with an offer of assistance in applying for the funds.
Finally, SWFRPC will continue to work with the communities in the region to assist them with
their projects. Staff will participate on task forces to address specific issues, gather information
for grant applications, and help build support for projects as necessary.
lIAR 0 9 1999
Pcj.
Mr. Charles Fortson
Economic Development Administration
Atlanta Regional Office
401 W. Peachtree St., N.W., Suite 1820
Atlanta, Georgia 30308-3510
Dear Mr. Fortson:
County. supports the Overall Economic Development Progain (OEDP) Annual Report
prepared by the Southwest Florida Regional Planning Council and submitted in February 1999. The
overall focus of the OEDP remains job creation and diversification of the local economy.
County recognizes the need to support and promote economic development through
local and regional initiatives. Additionally, the County recognizes that long-range economic
development planning is mutually beneficial to the County, its subsidiaries, and the designated
redevelopment centers within the Count% For this reason, the County, wishes to remain an active
member of the Regional Economic Development District and participate in its planning efforts
involving economic development in Southwest Florida.
Sincerely,
cc: Wayne Daltry, SWFRPC
NAR 0 9 1999
EXECUTIVE SUMMARY
PETITION NO. PUD-98-17 BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING
CONSULTANTS, INC., REPRESENTING JAMES GORMAN, REQUESTING A REZONE FROM "A"
RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
WITTENBERG ESTATES PUD FOR A MAXIMUM OF 114 SINGLE FAMILY AND MULTI-
FAMILY DWELLING UNITS OR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS
BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE, IN SECTION 6, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38 +/- ACRES.
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed single
family and multi-family residential planned unit development and combined recreational and preserve
areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114 dwelling units.
CONSIDERATIONS:
The proposed density is 3.0 dwelling units per acre to be developed as single family and multiple family
dwellings, for a total of one hundred fourteen (114) units on 38 acres. Accessory uses and structures like
carports, garages, utility buildings, and recreational uses such as swimming pools, tennis courts,
playground areas and recreation buildings, are also proposed for development. The project site contains
one (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25 acres. The dwelling units are
proposed to be single family detached, multi-family townhomes, duplexes, and zero lot line. The
maximum permitted building height is forty (40) feet. The minimum floor area for multi-family
structures is 1,000 square feet and for single family structures is 1,200 square feet. A portion of the
dwelling units are proposed to be developed abutting the northern and eastern boundaries of the subject
site. The remaining dwelling units will be built surrounding the east side of the lake, which is centrally
located on the site. The west side of the lake abuts a preserve area which is adjacent to the western
property boundary. The petitioner proposes to architecturally unify the structures, signage and landscaping
throughout the project.
Land Use Residential Density:
The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained
in the FLUE and is based on the following relationships to the required criteria:
Base Density +4 dwelling units/acre
The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained
in the FLUE and is based on the following relationships to the required criteria:
Base Density +4 dwelling units/acre
Maximum Permitted Density +4 dwelling units/acre ,~E?o~TfS~ ]
MAR 0 9 1999
""' The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to provide
an interconnection of on-site roads to the adjacent property to the west, no additional dwelling units will
be subtractext. As a result, the base density is limited to four (4) dwelling units per acre. Since the overall
acreage of the site is 38 acres, the 114 dwelling units proposed results in a density of three (3) dwelling
units per acre which is consistent with the density rating system.
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 855
AADT and 71 PM Peak Hour trip ends. Peak hour volumes were estimated using the growth rate
established by the FSUTMS model which includes the existing/committed road and intersection
improvements. Based on this data, the site generated traffic will not exceed the significance test standard
(5 percent of the LOS "C" design volume) on SR-84 after trip assignments are made. In addition, this
petition will not lower the level of service below the LOS "D" standard within the project's radius of
development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE).
The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard. The
current traffic count for the segment fronting the project is 17,159 PSDT and is operating at LOS "B". The
Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the County's Transportation
Planning database. It should be noted that this road segment is not projected to be deficient within the next
5 years. The planned and proposed improvements within the projects RDI will ensure that the adopted
LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE.
FISCAL IMPACT:
At buildout, a residential project will generate the following amount of impact fees:
Current Agriculture Zoning District Proposed PUD District
38 acres / 1 sf du per 5 acres = 8 sf du 38 acres developed with 114 sf du
8 s.f. x $578.00 (parks) = $4,624.00 114 s.f. x $578.00 (parks) = $65,892.00
8 s.f. x $180.52 (library) = $1,444.48 114 s.f. x $180.52 (library) = $20,579.28
8s.f.x.15x l000sqft(fire)=$1,200.00 ll4s.f.x.15x l000sqft(fire)=
$17,100.00
8 s.f. x $1,778 (schools) = $14,222.00 114 s.f. x $1,778 (schools) = $202,692.00
8 s.f.. x $1,379 (roads) = $11,032.00 114 s.f. x $1,379 (roads) = $157,206.00
8 s.f. x .005 x 1,000 (radon) = $40.00 114 s.f. x .005 x 1,000 (radon) = $40.00
8 s.f. x .005 x 1,000 (bldg code) = $40.00 114 s.f. x .005 x 1,000 (bldg code) =
$570.00
8 s.f. x $1.50 (microfilm) = $12.00 114 s.f. x $1.50 (microfilm) = $171.00
8 s.f. x 14.00 (EMS) = $112.00 114 s.f. x $14.00 (EMS) = $1596.00
Total 8 s.f. du generate = $32,726.48 Total 162,500 sq ft comm = $465,846.28
._. Development of the site for the maximum allowable 114 dwelling units (assuming all si~ ~le familv~.
should the site be rezoned to PUD and developed with 114 single family dwelling units, ~vill g~g~ar~i~TEu!c~tB)
MAR 0 9 '1999
approximately $433,119.80 more in impact fees than if the site was developed for single family residential
use as presently zoned.
Because impact fees vary by housing type and type of commercial development, and because this
appraisal does not provide this level of specificity as to the actual type of use, the total impact fees quoted
are at best raw estimates. Additionally, it should be recognized that there is no guarantee that the project
and buildout will have maximized their authorized level of development. In addition to the impact fees
described there are building permit review fees and utility fees associated with connecting to the County's
sewer and water system. Building permit fees have traditionally offset the cost of administering the
Community Development review costs, whereas utility fees are based on their proportionate share of
impact to the County system. Impact fees are cun'ently under review to determine if adjustments are
required to more accurately reflect the impact of a particular development on County provided services.
Also, additional revenue is generated by application of the ad valorem tax rate. The revenue that will be
generated by the ad valorem tax depends on the value of the improvements. Presently, staff has not
developed a method to arrive at a reasonable estimate of tax revenues based on the ad valorem tax rate.
A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular
land use development project. Presently, staff has not developed a model by which to estimate the costs of
a particular land use development project. Such a model, in staff's opinion, would be misleading because
there is no certain way, particularly with respect to housing projects, to determine their value and
likelihood that not all of the authorized development will occur.
GROWTH MANAGEMENT IMPACT:
The site is located in the Urban Mixed Use Residential Land Use classifmation 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:
Staff~s analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
The CCPC voted 6-1 to recommend that the Board of County Conunissioners approve PUD-98-17
with the following stipulations:
At a minimum, the PUD document and master plan, EIS and water management plan shall be revised (as
applicable) and shall meet County staff's approval, three (3) weeks prior to being heard by the Board of
County Commissioners, as follows:
1. The PUD document and master plan, the conceptual water management plan, and the EIS shall be
revised in accordance with and to meet the recommendations of the EAB. That sha l inclnde hut ~hall
not be limited to the following staff stipulations:
MAR 0 9 1999
~ A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a
pine flatwoods, and should be labeled as such. The FLUCFC map and EIS shall be amended
accordingly.
B. The upland preserves shall be indicated on the map in Figure 5 of the EIS.
C. Section 3.8.5.4.1 (4)(f) of the EIS shall be amended to indicate the type of enhancement that is proposed
within the preserve area. This enhancement shall meet the Collier County Environmental staffs
approval.
D.The PUD document and master plan, and the EIS shall be amended to show the required preservation area of 9.48 acres.
E. The PUD document shall be amended to show the following:
(a)Residential Tracts should be labeled as D and E; Open space and recreational tracts in the PUD
document shall include Tract C; Tracts F, G, H, & J shall be labeled as preserve or conservation tracts
and shall be placed in their own section within the PUD document. These tracts shall also be labeled as
preserve or conservation tracts on the PUD Master Plan.
F.The Water Management Plan shall be revised as follows:
(a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake shall be provided.
--- (b)A note shall be added to the plan to the effect that perimeter berms greater than 3 feet in height shall
have a slope of no greater than 4:1 (unless landscaped) and a toe of slope no less than 5 feet from a
property line.
2. Should the EAB have significant problems or recommendations that cause substantial revision to
the PUD Master Plan or document, the Environmental Impact Statement or conceptual water management
plan, the petition shall be brought back to the Planning Commission for a re-hearing prior to being heard
by the Board of County Commissioners.
Note: This stipulation results from the fact that the Planning Commission heard this petition prior to its
hearing in front of the EAB.
The dissenting Planning Commission member voted against the petition because the petitioner was
requesting an exception from the subdivision regulations to permit sidewalks to be constructed on one (1)
side of the street, rather than on both sides of the street as required by the Land Development Code.
Consistent with Planning staffs recommendation, this Planning Commission member felt sidewalks
should be required on both sides of the street as required by the Land Development Code.
Because this petition failed to be recommended for approval by a unanimous vote of the Planning
Commission, it is ineligible to be placed on the summary agenda.
This petition was continued from the BCC heating on February 9, 1999 at the request of the petitioner in
order to have an opportunity to address citizen concems over the proposed access point to the subject site
-"- from the abutting property to the west. This petition was continued from the BCC hearin: on
1999 at the request of staff.
MAR 0 9 1999
PREPARED BY:
..<./,, i_ . :,.' ~ '; . } ' ~' W 9 '7
· t
..-SUSAN MURRAY, AICP .-,' DATE
:pIEF PLANNER
~VIEWE BY:
RONALD F. NTNO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVExD BY: ,,--'2
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PUD-98-17 Whittenberg Estates PUD
This petition has been tentatively scheduled for the March 9, 1999 Board of County
Commissioners Public Hearing.
MAR 0 9 1999
AGENDA ITEM 7-H
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE: NOVEMBER 30, 1998
lIE: PETITION NO: PUD-98 'i 7 WHITTENBERG ESTATES
OWNER/AGENT:
Agent: Blair A. Foley
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Drive
Naples, FL 34104
Owner: Mr. James Gorman
5207 Davis Boulevard
Naples, FL 34104
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed
single family and multi-family residential planned unit development and combined recreational
and preserve areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114
dwelling units.
GEOGRAPHIC LOCATIO,N:
The subject site is located on the north side of Davis Boulevard (SR-84), approximately ~A mile
west of County Barn Road in Section 6, Township 50 South, Range 26 East between the
Embassy Woods Golf and Country Club at Bretonne Park to the east and the Whittenberg PUD
to the west (see location map following page).
PURPOSE/DESCRIPTION OF PROJECT:
The applicant proposes to develop the property for single family and multiple family residential
,..., uses. The proposed density is 3.0 dwelling units per acre to be developed as single family and
multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acres.
uses and structures like carports, garages, utility buildings, and recreational uses such s
MAR 0 9 1999
1
swimming pools, tennis courts, playground areas and recreation buildings, are also proposed for
development.
The project site contains one (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25
acres. The dwelling units are proposed to be single family detached, multi-family townhomes,
duplexes, and zero lot line. The maximum permitted building height is forty (40) feet. The
minimum floor area for multi-family structures is 1,000 square feet and for single family
structures is 1,200 square feet. A portion of the dwelling units are proposed to be developed
abutting the northern and eastern boundaries of the subject site. The remaining dwelling units
will be built surrounding the east side of the lake, which is centrally located on the site. The west
side of the lake abuts a preserve area which is adjacent to the western property boundary. The
petitioner proposes to architecturally unify the structures, signage and landscaping throughout the
project.
SURROUNDING LAND USE AND ZONING:
Existing: The subject property is vacant and presently has an Agricultural (A) zoning
designation.
Zoning Land Use
Surrounding: North - Saxon Manor Isles PUD/Agriculture; open space/multi-family
South - Davis Boulevard right-of-way
East - Brettone Park PUD; internal right-of-way/recreation area
West- Whittenburg PUD; multi-family dwelling units
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Residential Mixed Use designated area on the
County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of
residential land uses including single family, multi-family, duplex, mobile home and r.,ixed use
(Planned Unit Development). The subject petition is for a mixed use, multifamily residential
PUD which is an authorized use of land in the urban residentially designated area of the Future
Land Use Element (FLUE), therefore, it is consistent with the FLUE.
Consistency with other applicable elements of the Growth Management Plan (GMP) is as
follows:
AGEN I
NO.
MAR 0 9 1999
2
,,
Land Use Residential Density:
The projected density of 3.0 dwelling units per acre is consistent with the density rating system
contained in the FLUE and is based on the following relationships to the required criteria:
Base Density -4-4 dwelling units/acre
Maximum Permitted Density +4 dwelling units/acre
The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to
provide an interconnection of on-site roads to the adjacent property to the west, no additional
dwelling units will be subtracted. As a result, the base density is limited to four (4) dwelling
units per acre. Since the overall acreage of the site is 38 acres, the 114 dwelling units proposed
results in a density of three (3) dwelling units per acre which is consistent with the density rating
system.
Staff has reviewed this petition for consistency with all other elements of the Growth
Management Plan as has determined the petition is consistent with those elements. In addition,
no level of service standards will be adversely affected by this request and appropriate mitigation
measure and stipulations will assure that the County's interests are maintained.
Traffic Circulation Element -
The subject site's generated traffic will not exceed the significance test standard (5 percent of the
LOS "C" design volume) on SR-84. In addition, the amendment will not lower the level of
service below any adopted LOS "D" standard within the project's radius of development
influence (RDI). The ITE Trip Generation Manual indicates that the proposed residential
development will generate approximately 885 average daily trips and 71 p.m. peak hour trips on
a weekday.
The Traffic Circulation Element lists this segment of SR-84 as a 4-lane arterial road from east of
Santa Barbara Boulev'xd. The current traffic count for the segment fronting the project is 17, 159
PSDT and is operating at LOS "B". The planned and proposed improvements within the
project's RDI will ensure that the adopted LOS standards are maintained. As a result, this
petition complies with Policy 1.3 and 1.4 of the TCE.
Other Applicable Element (s) -
Other applicable elements are those typically evaluated at the time of subsequent development
approvals, and generally deal with infrastructure. To the extent that improvements to
infrastructure and/or the extension of available public utilities is required, these will be mandated
at the time of approval of the required site development plan and/or subdividing if necessary.
3 MAR 0 9 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.
Theretbre, no Historical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for the above
referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division
staff. They have recommended approval subject to appropriate development stipulations that are
consistent with the Land Development Code. This petition has not been reviewed by the
Environmental Advisory Board. It is tentatively scheduled to go before the EAB in January.
Therefore, staffs recommendation is contingent upon stipulations ensuring the subject petition
complies with the recommendations of the EAB rendered at the future hearing. The
Transportation Department has also reviewed this petition. Recognizing that there are no new
driveway connections nor new public roads that will be created by this proposal, they have
recommended approval.
I----- ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis
for a recommendation of approval or denial by the Planning Commission to the Board of County
Commissioners. Each of the potential impacts or considerations identified during the staff
review are listed under each of the criterion noted and are categofized as either pro or con,
whichever the case may be, in the opinion of staff. Staff review of each of the criterion is
followed by a summary conclusion culminating in a determination of compliance, non-
compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision makers. The evaluation by professional staff should
typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements. Other evaluation considerations should include
an assessment of adequacy of transportation infrastructure, other infrastructure, and com ~atibility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the tel
of the rezoning action to the long .range plan for future land uses.
4
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existin~ Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the proposed zoning action to the Future Land Use
Element of the Collier County Growth Management Plan.
The subject property is located with the Urban Designated Mixed Use future land use
classification as depicted on the Future Land Use Map of the Collier County Growth
Management Plan. The site is located approximately 1.25 miles west of the intersection of Santa
Barbara Boulevard with Davis Boulevard (SR-84). The PUD document indicates the proposed
development plan for the 38 acre site is mixed use residential allowing for single family and
multi-family residential development integrated with common recreation areas, a lake and
preserve areas. The PUD Master Plan shows the proposed location of future dwelling units along
the eastem boundary of the site and internal to the site. The proposed preserve area encompasses
approximately 9.25 acres along the western boundary of the site, from the entry road west. A lake
is located interior to the project and retention areas and recreation areas are located adjacent to
Davis Boulevard. The proposed master plan layout minimizes the location of residential land
uses adjacent to Davis Boulevard. The Whittenberg PUD is located west of the subject site.
Residential land uses contained in the Whittenburg PUD boarder the proposed preserve area on
the subject property's western boundary. The Saxon Manor Isles PUD is located north of the
subject site. Saxon Manor Isles is a mixed multi-family and single family residential
development approved at a gross density of 11.96 dwelling units per acre, portions of which are
undeveloped preserve areas which border the subject site's northern boundary. Brettone Park
PUD is a mixed use golf and country club with single family and multi-family development
approved at a density of 4.29 dwelling units per acre, and is located to the east. The eastem
boundary of the subject site abuts a road fight-of-way and a recreation area contained within the
Brettone Park PUD. Required buffering and yards (10 to 40 feet in width) and the proposed
height limit of forty (40), feet will provide open space and buffering between the subject site and
surrounding uses. Access to the subject site is proposed to be shared with the W~_.ittenberg PUD
to the west via Whitten Drive. There will be no direct access onto Davis Boulevard from the
subject site.
Open space, ingress/egress, landscape buffers, and other applicable development standards
comply with the requirements of the Collier County Land Development Code. With respect to
compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier
County Growth Management Plan and is therefore compatible with other approved Planned Unit
Developments within the area. The proposed layout of the residential areas internal to the site,
the proposed wetland/preserve area, the required yards and landscape buffering, will serve to
buffer the proposed development from existing land uses to the north, east and west, and Davis
Boulevard to the south. The site is compatible with and similar to the multi-family uses~
the site, which were approved at a density of 4.29 dwelling units acre. These developn~ent N~a.~Z/~
5
stipulations will protect the integrity of the adjacent residential community as well as the subject
residential development.
Traffic:
The ITE Trip Generation Manual indicates that the proposed petition will generate approximately
855 AADT and 71 PM Peak Hour trip ends. Peak hour volumes were estimated using the growth
rate established by the FSUTMS model which includes the existing/committed road and
intersection improvements. Based on this data, the site generated traffic will not exceed the
significance test standard (5 percent of the LOS "C" design volume) on SR-84 after trip
assignments are made. In addition, this petitic,~: will not lower the level of service below the LOS
"D" standard within the project's radius of development influence (RDI). Therefore, the project
is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard.
The current traffic count for the segment fronting the project is 17, 159 PSDT and is operating at
LOS "B". The Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the
County's Transportation Planning database. It should be noted that this road segment is not
projected to be deficient within the next 5 years. The planned and proposed improvements
within the projects RDI will ensure that the adopted LOS standards are maintained. As a result,
this petition complies with Policy 1.3 and 1.4 of the TCE.
Utility Infrastructure:
Both a public sanitary sewer and municipal water supply is available to the property. All
development must comply with surface water management requirements invoked at the time of
site development plan approval.
Community Infrastructure and Services:
The subject property has convenient access to a wide range of community infrastructure, which is
enhanced by its frontage on Davis Boulevard. Shopping centers, business offices and medical
offices are all within a short driving distance.
Summary_:
Based on the above analysis, the following conclusions can be reached from the staff report:
1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD
development strategy for single family and multi-family residential development and related
facilities is consistent with the FLUE of the GMP.
2. The proposed density of development and development regulations are consistent with those
,_. authorized in the GMP's density rating system for projects located in the Urban Mixed Use
Future Land Use classification.
6 MAR 0 9 1999
3. All other pertinent elements of the GMP were reviewed and the methods for achieving
consistency are made a part of the PUD regulations or otherwise achieved by the PUD
Master Plan.
4. Findings related to the application to rezone to PUD and the development standards
specified in the PUD document and Master Plan support a recommendation of approval
and compatibility with adjacent land uses at a density of 3 dwelling units per acre.
STAFF RECOMMENDATION:
This petition is tentatively scheduled to be heard before the EAB at the January meeting. At the
time of the writing of this staff report, the submitted EIS and PUD documents were found to be
insufficient in several areas. In an effort to move the project forward, the subject petition has
been scheduled before the Planning Commission prior to the required hearing before the EAB. It
is staffs intention to incorporate the recommendations of the EAB and subsequent staff
recommendations prior to a hearing before the Board of County Commissioners. Therefore, the
following conditions attempt to address those areas of the EIS and PUD document that need to
be revised in order that staff may complete their review, and that the PUD document and master
plan, the EIS and water management plan all meet any applicable requirements and are consistent
with the County's Land Development Code.
Staff recommends that Collier County Planning Commission recommend approval of Petition
PUD-97-17, Whittenburg PUD pursuant to the Ordinance of Adoption and Exhibits attached
thereto, subject to the following conditions:
At a minimum, the PLrD document and master plan, EIS and water management plan shall be
revised (as applicable) and shall meet County staffs approval, three (3) weeks prior to being
heard by the Board of County Commissioners, as follows:
1. The PUD document and master plan shall be revised to show sidewalks on both sides of the
street as required in the Collier County Land Development Code. The required sidewalks
shall be constructed to the specifications as required by all applicable sections of the Land
Development Code.
2. The PUD document and master plan, the conceptual water management plan, and the EIS
shall be revised in accordance with and to meet the recommendations of the EAB. That shall
include but shall not be limited to the following staff stipulations:
A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a
pine flatwoods, and should be labeled as such. The FLUCFC map and EIS shall be
amended accordingly.
B. The upland preserves shall be indicated on the map in Figure 5 of the EIS.
MAR 0 9 1999
7
C. Section 3.8.5.4.1(4)(f) of the EIS shall be amended to indicate the type of enhancement
that is proposed within the preserve area. This enhancement shall meet the Collier County
Environmental staff' s approval.
D. The PUD document and master plan, and the EIS shall be amended to show the required
preservation area of 9.48 acres.
E. The PUD document shall be amended to show the following:
(a) Residential Tracts should be labeled as D and E; Open space and recreational
tracts in the PUD document shall include Tract C: Tracts F, G, H, & J shall be
labeled as preserve or conservation tracts and shall be placed in their own section
within the PUD document. These tracts shall also be labeled as preserve or
conservation tracts on the PUD Master Plan.
F. The Water Management Plan shall be revised as follows:
(a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake
shall be provided.
(b) A note shall be added to the plan to the effect that perimeter berms greater than 3
feet in height shall have a slope of no greater than 4: t (unless landscaped) and a
toe of slope no less than 5 feet from a property line.
MAR 0 9 1999
8
PREPARED BY:
MURRAY, AICP [/.] DATE
CHIEF PLANNER
,,~
· !
DATE
CURRENT PLANNING MANAGER
;'PLANNING SERVICES DEPARTMENT DIRECTOR
VI](I~EI4'I~A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Petition Number: PUD-98-17 Whittenberg Estates PUD
Staff Report for December 17, 1998 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the January 12, 1999 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MIC'~'~RSON
MAR 0 9 1999
9
REZONE FINDINGS FOR PETITION PUD # 98-17
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall show that the
Planning commission has studied and considered the proposed change in relation to the following, where
applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
Future Land Use map and the elements of the Growth Management Plan.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the Future Land Use Element of
the Growth Management Plan for Collier County, and all other elements, their objectives and policies.
The Urban Residential Future Land Use Map (FLUM) designation, applicable to the property, anticipates
a zoning action to any residential zoning district so long as the authorized density is consistent with the
density rating system to the FLUE. The requested density of three (3) dwelling units per acre does not
_-. exceed the maximum permitted density of four (4) dwelling units per acre based on the criteria in the
Density Rating System contained in the FLUE.
2. The existing !and use pattern;
Pro/Con: Evaluation not applicable.
Summary Findings:
Existing: The subject site is vacant and has an Agricultural (A) zoning designation and is undeveloped.
Surrounding:North - Saxon Manor Isles ~?UD/Agriculture; open space/multi-family
South - Davis Boulevard right-of-way
East - Brettone Park PUD; internal right-of-way/recreation area
West- Whittenburg PUD; multi-family dwelling units
3. The possibility creating of an isolated district unrelated to adjacent and nearby districts;
Pro/Con: Evaluation not applicable.
MAR 0 9 1999
1
SummaD/Findings: The site is adjacent to existing single family and multi-family developments to the
north, east and west. The availability of adequate infrastructure and the proximity to adjacent
development's justify a rezoning action to PUD.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findings: The district boundaries are logically drawn. The site is similar in area and shape to
the Whittenberg Estates PUD adjacent to the site on the west side.
5. Whether changed or changing conditions make the passage of the proposed amendment
neeessay.
Pro/Con: Evaluation not applicable.
Summary~ Findings: The proposed change is appropriately based on the existing conditions of the
property and because it is consistent with the Future Land Use Element of the Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the neighborhood;
Pro: (i) The zoning designation of the adjacent property to the west, legally allows a density of 4.29
dwelling units per acres, 1.29 dwelling units/acre more than is permitted by this petition therefore, the
rezoning action should not adversely affect living conditions in the area.
(ii) The proposed master plan shows proposed residential areas of the site are isolated from the contiguous
residential property to the west. The proposed residential areas on the subject site are separated from the
neighboring property by a preserve area and required landscape buffers.
Con: The conversion of raw land to urban development may be viewed by the neighboring property
owner's to the west as an infringement on their existing quality of environment. However, by law, the
County cannot deny a property owner reasonable use of his/her land, consistent with the Comprehensive
Plan, without fair compensation.
Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the
neighborhood because the recommended development standards and other conditions for approval have
been developed and designed to ensure the least amount of adverse impact on adjacent developments.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
Pro: (i) The proposed development of the subject property is consistent with the provisi ,ns o~tt~D~
Traffic Element of the Growth Management Plan, therefore the additional traffic generated by th"e ." I'~.
MAR 0 9 1999
2
proposed development should not adversely affect the comfort and safetv of existing users on adjacent
public roads.
(ii) Access to the subjecx property is by way of an interconnect with the Whittenberg PLrD to the
west. Access to the Whittenberg PUD is provided from Dav:s Boulevard, a 4-lane State roadway.
Con: As urban intensification increases, there is some loss of comfort and ease of travel to motorists
using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency
requirements.
Summary Findin_~s: Evaluation of this project toc!k into account the requirement tbr consistency with
Policy 5.1 of the Traffic Element of the GMP and xvas found consistent. Additionally, turn lanes,
dedications, contributions to traffic signal costs, etc.) In the final analysis all projects are subject to the
Concurrency Management system.
8. Whether the proposed change will create a drainage problem;
Pro: Water management improvements to accommodate site development are designed to
accommodate the normal drainage requirement.
Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall
event, unless countywide drainage improvements are made commensurate with urban intensification.
Summary Findings: Every project approved in Collier County involving the utilization of land for some
land use activity is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities as a condition of approval. This project was reviewed for drainage relationships
and design and construction plans are required to meet County standards as a condition of approval. In
the event area-wide deficiencies develop, which deficiencies xvould be further exacerbated by developing
vacant land, the County is required to react through its Concurrency Management system.
9. W'hether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the development standards that are
unique to the zoning district in which it is located. These development standards and other apply
generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions,
etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent
areas.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land.
'~' Con: None. ~o~ENp,~,[~,~ ]
MAR 0 9 1999
3
Summary Findings: This is a subjective determination based upon anticipated results ~vhich may be
internal or external to the subject property that can affect property values. Property valuation is affected
by many factors including zoning, however zoning by itself may or may not affect values, since value
determination by law is driven by market value. The mere fact that a property is given a new zoning
designation may or may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findings: Application of the development standards found in the Land Development Code
combined with the administrative site development plan approval process, should give reasonable
assurance that the proposed change in zoning will not deter the future improvement or development of
adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findings: Since consistency with the Future Land Use Element of the County's Growth
Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and
subsequent development complies with the Growth Management Plan, then the proposal can be deemed
not to constitute a special privilege and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property is not undevelopable under its current zoning designation.
The petitioner's request is consistent with the Future Land Use Map in that the site is located in an Urban
Designated Area. Surrounding properties noah, east and west of the site are already developed or are
under development at densities which are higher than what is currently permitted by the Agricultural
zoning designation of the subject site. To develop this site at its present, allowable density of one (1)
dwelling unit per five (5) acres would be incompatible with the surrounding land uses noah, east, and
west and is inconsistent with the intent of the Urban Land Use designation as described in the Growth
Management Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro/Con: Evaluation not applicable.
MAR 0 9 1999
4
Summary Findines: The proposed development complies with the Growth Management Plan, a policy
,---- statement which has evaluated the scale. density and intensity of land uses deemed to be acceptable for
this site.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: This is a special purpose petition which involves establishing a density not
otherwise available in an existing Agricultural zoning district.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: The extent of site alteration will be determined as a function of obtaining Site
Development Plan approval which will be necessary to execute the PUD's development strategy.
17. The impact of development on the availability of adequate public facilities and services
---- consistent with the levels of service adopted in the Collier Count' Growth management Plan as
defined and implemented through the Collier County Adequate Public Facilities Ordinance, as
amended.
Pro/Con: Application not applicable.
Summary Findings: Sanitary sewers and municipal water utilities are available to serve the
development. Review by jurisdictional staff for consistency evaluation with GMP required levels of
service advise that there is no deficiency.
MAR 0 9 1999
5
FINDINGS FOR PUD
PUD-98o17
Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to
make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the ty. pe and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
Pro: (i) The subject site is located adjacent to an existing single family and multi-
family development on the north, east and west sides.
(ii) Intensifying land development patterns produces economies of scale relative to
public utilities, facilities and services, which are currently available in this area.
(iii) The extent that location choice is enhanced for residential environments within the
designated urban area reduces the push on urban sprawl.
Con: (i) Nearby residential communities often perceive residential intensification in their
area as contributing factors to inconveniencing movements to and from their place
of residence.
Finding: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions
contained in the PUD document give assurance that all infrastructure will be
developed and be consistent with County regulations. Any inadequacies which
require supplementing the PUD document will be recommended to the Board of
County Commissioners as conditions of approval by staff and the CCPC.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
Pro/Con: Evaluation not applicable.
Findine: Documents submitted with the application provide evidence of unified
control. The PUD document makes appropriate provisions for continuing
operation and maintenance of Common areas.
MAR 0 9 '!999
6
3. Conformity of the proposed Planned Unit Development with the goals. oDjectives and
policies of the Growth Management Plan.
Pro/Con: Evaluation not applicable.
Findine: The subject petition has been found consistent with the goals. objectives
and policies of the Growth Management Plan.
The subject property is designated Urban Mixed-Use - Urban Residential
on the FLUE to the GMP. As such it authcrizes zonin~ actions aimed at
allowing the land to be used for urban residential purposes.
This petition has been reviewed by the appropriate staff for compliance
with the applicable elements of the Growth Management Plan.
4. The internal and external compatibili~ of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
Pro/Con: Evaluation not applicable.
Findine: The PUD Master Plan has been designed to optimize internal land use
relationships through the use of various forms of open space separation
(i.e., preserves, lakes, etc.). External relationships are regulated by the
Land Development Code to help assure harmonious relationships between
projects. In this particular project environmental conditions of the site act
to create a significant natural open space separation from any future uses to
the south of the site.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Finding: The amount of open space set aside by this project is consistent with the
provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
MAR 0 9 '~999
Finding: Timing or sequence of development in light of concurrency requirements
automatically triggers the mechanism for ensuring that future LOS
degradation is not allowed or the LOS deficiency is corrected.
See Finding No. 1, also applicable tbr this finding.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Findine: Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal systems, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of
conditions emanating from urban development. This assessment is
described at length in the staff report. Development of the subject property
is timely, because supporting infrastructure is available and deemed to be
adequate.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Pro/Con: Evaluation not applicable.
Findine: This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning
district. The development standards in this PUD are similar to those
standards used for particular housing structures and associated area
requirements.
N1/ R 0 9 1999
8
Pq.._ ~-"~_ '~
3ZDZNZNCE :;S.
AN ORDINANCE AMENDING ORDINANCE }]UMBER 91-102 THE
COLLIER COUNTY LAND EEVELOPMENT CODE WHICH
iNCLUDES THE CSMPREHENSi'/E tONiNG REGULATIONS FOR
THE UNINCCRPORATED AREA CF COLLIER COUNTY, FLORIDA
EY ~ENDI~G THE OFFICIAL IONING ATLAS ~LAP NUMBER
C606S; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL ~ROPERTY FROM "A" RURAL
AGRICULTURE TO "?UD" ?LANNED UNIT EEVELOPMENT
KNOWN AS WHiTTEN~ERG ESTATES ~UD FOR A MAXIMUM OF
114 SINGLE-F~tMILY AND MULTi-F~ILY DWELLING UNITS,
LOCATED ON THE NORTH SiDE CF DAVIS ~OULEVARD {S.R.
84!, EAST OF WHITTEN DRi';E iN SECTION 6, TOWNSHIP
50 j~UTH, ~ANGE ~6 EAST, EOLLiER COUNTY, FLORIDA,
CONEiSTING OF 3~ ACRES; AND BY ~ROVIDING AN
EFFECTIVE FATE.
WHEREAS, ~!air A. F~ley0 ?.E., o~ isaszal Consultants, inc.,
representing james Gorman, ~etiticnec t~e Board of County
Commissioners Zc change lhe zonznc classification cf the herein
iescrlbed real properny;
NOW, THEREFORE ~E IT CRDAINED by nhe Board of County
Commissioners of Collier County, F!orida:
SECTION ONE:
The zoning classification of zhe neremn described real
property located in Section 6, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "A" Rural Agriculture to
"PUD" Planned Unit Development in accordance with the Whittenberg
Estates PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 0606S, as describe~ in Ordinance Nurmoer 91-102, Lhe
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
MAR 0 9 1999
-1-
pg.~.~. C~4 _
!:
~ASSEZ. iX3 lUl'f A3OPTZ3 ~'.' zne ~zsrz :f jcunz'f je:~Issloners
~ ....... Flsrzla, l~ls lav -~ ,
i~99.
~OARD iF 13UXiY 2CMMISSiONERS
iOLLiEE :ClXl'f, FLCRIEA
ATTEST:
~Y:
BARBASA ~. 2ERRY, Chairman
DWIGHT E. BROCK, 21erK
Approved as z$ Form
and Legal Sufficiency
Mar~orle M. S~uaenn
Ass!snant Ccunzy A'_2orney
_-'UD-gB-!' CRDIN~C~;
MAR 0 9 1999
-2-
PETITION NUM]BER
DATE ~
APPLICATION FOR PUBLIC I-IEAR/NG " :'~ %'~' ': ''~
FOR
STANDARD REZONE AND CONDITIONAL USE REQUESTS
PLANNED UNIT DEVELOPMENT REQUESTS
COMMUNITY DEVELOPMENT AND ENVIEO~~ SERVICES D'~~9 .'E ~.q'./:c ~.~
CURRENT PLANNING
i. Name of Applicant(s) ~'c~s Gozrnan
Applicant% Mailing Address 52C~7 Dav±s BOut'~vard
City. Naples, State Florida Zip 34104
Applicant's Telephone Number: Res.: N-/A ' Bus.: 941-643-2400
Is the applicant the owner of the subject prop~'ty? Yes X No
(a) If applicant is a land trust, so indicate and name beneficiaries below.
Co) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
(c) If applicant is a partnership, limited parmership or other business entity, so indicate
and name principals below.
(d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
(e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
X (0 If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
(If space is inadequate, attach on separate page.)
2. Name of Agent Blair A. Foley Finn Coastal Engineering Consultants, Inc.
Agents Mailing Address 3106 S. HorseshDe Drive
City Naples State FL Zip 34104
Telephone Number: Res.: N/A Bus.: 941-643-2324
MAR 0 9 1999
3. DETAILED LEGAL DESCRIPTION OF TKE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on s~arate page. If request involves change to
more than one zoning district, include separate legal description for property revolved in each
dis~ct. If property is odd-shaped, submit four (4) copies of survey (1' to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION.
IF QUESTIONS ARISE CONCERNING TIlE LEGAL DESCRIFrlON, AN ENGINBER'S
CERTIFICATION SHALL BE REQUIRED.
SECTION 6 TOWNSHIP 50s RANGE 26E
See attached survey.
4. Sizeofprope~y +/' 2,720 fkX +-'/' 859 fL A~es 38.0 Acres
Davis BOulevard and Whitten Drive
5. Address or location of subject property
6. Existing land elevation +/' 9 NGVD County Flood Criteria Elevation Zone X
7. a. Date subject property acquired ( ) or leased ( ): N/A day of N/A ,19 .
T~nn of lease N/A y~Jmos-.
b. If, Petitioner has option to buy, indicate date of option: 4/2/98 and date
option terminates: 1/15/99
applicant
8. Doe~ own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. ('If space is inadequate, attach on separate page).
Yes - Whitten_herg PUD iranediately adjacent to the west.
9. THIS APPLICATION IS I]'qTENDED TO COVER: (Check which type of petition your are
requesting):
X A. REZONING: PRESENT ZONING A REQUESTED ZONING PUD
FOR Subdivision
B. PROVISIONAL USE OF ZONING FOR
10. REASON V~{Y APPLICATION SHOULD BE APPROVED (Attach additional shee~ if
nccessa~): This request is consistent with the canp~ive plan and allows
for infill develotm~nt. The proposed land use is compatible with
surrounding land uses. -
N
MAR 0 9 1999
2
11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS?
Yes No IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS.
12. IS THIS RBQU~ST A RESULT OF A VIOLATION? No IF S0, TO WHOM WAS THE
NOTICE SERVED? N/A
13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WrrHIN THE LAST YEAR?
IF SO, IN WHOSE NAME? No
14. ARE THERE EXISTING STRUC'RIES ON THE PROPERTY?. No
TYPE: CBS J FRAME , MOBILE HOME , OTHER__
AFFIDAVIT
~ ~ e ' ~ deskbed here~ md w~ch is ~e ~bj ~t m~ of ~e pro~sed h~g;
maRer a~ched to ~d made a pm of ~s application, ~e h~ ~d ~e m ~e b~t of o~ howl~ge
~d belief. I ~dersmd ~is application m~t be completed nd accmte befor~ a h~g c~ be
adve~sed. I ~a p~it ~e ~d~i~ed to act as o~ r~es~five ~ ~y ma~ reg~g ~s
Petition.
SIGNA~ OF
AG~
S~te of Florida
Co~ of Collier
' ' ' s ac~owledged before me ~~y of. , ,
7 ' as id~n~fication ~d who did (did not) ~ ~ oa~.
SE~
~t N~m~ of No~ Public)
NOT~Y P~LIC ....
Se~aFCo~ssion
My Co~ission ~p~es:
'~: OFFiCIALNOrrARYSEAL MARCIA ANN FOX
CU/PUD/R,EZONE APPLICATIONM~d/4/I 7/98 XRY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC736131
NAo.a ~
MAR 0 9 1999
3
Utility Provisions
for
Conditional Uses and Rezones
1. NAME: Whittenk~rg Estates
2. ADDRESS: 5207 E~vis Boulevard
Naples, Florida 34104 PHONE: 643-2400
3. LEGAL DESCRIPTION: Please See Enclosed' Survey
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system):
A. COUNTY SYSTEM X
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PACKAGE TREATMENT PLANT CAPACITY (GPD)
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
A. COUNTY SYSTEM X
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PRIVATE SYSTEM
6. TOTAL POPULATION TO BE SERVED:+/- 342
7. PEAK AND AVERAGE DAILY DEMANDES:
1. WATER-PEAK 71.25 GPM AVERAGE DAILY 52,668 .qpd
2. SEWER-PEAK 71.25 ~M AVERAGE DAILY 52,668 qpd
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM,
DATE SERVICE EXPECTED TO BE REQUIRED: January, 1999
9. Provide a brief and concise narrative and schematic drawing of the
sewage treatment process to be used as well as a specific statement
regarding the method of affluent and sludge disposal. If percolation
ponds are to be used, then percolation data of soil involved shall be
provided from tests prepared by a professional engineer.
MAR 0 9 1999
pg. ~"'~ ...
10. A statement, in writing, signed by the owner should be provided
agreeing to deed to the County Utilities the water distribution
sewage collection facilities within the project area upon completion
the construction of these facilities in accordance with applicabl~
County ordinances. This statement should also include agreement that
applicable system development charges and connection fees will be paid
to the County Utilities Division prior to the issuance of building
permits by the County Community Development Division. The statement
should also contain agreement to dedicate appropriate Utility Easements
for serving the water and sewer systems.
FOR OFFICIAL USE ONLY
APPROVER: DENIED:
COMMENTS:
UTILITIES ADMINISTRATO.
MAR 0 9 1999
MAY-18-1998 !0: ~? FROM S I ESKY P I LE,N AND WOOD TO 263?39? P. 002/015
" AGREENE'.NT FOR PURCI-La. SE AND SALE
1. Parties: The parties to tkis transaction are JAMES H. GORMAN or his assigns, 5207 Davis
BIrd., Naples, FL 34104, lierein catled Buyer, and BERNA1LD COHEN, P.O. Box 600343, North
Miami Beach, FL 33160, herein called Seller.
2. A~eement: Seller, as the owner of an undivided 34.2 percent inte~:est in the property, agrees
to sell and convey such interest and Buyer agrees to purchase such interest in the property, including
all applicable permits, for the purchase price and upon the terms and conditions herein provided.
3. Property: The 15ropetry to be sold and purchased pursuant to this agreement is legally
described as an undivided 34.2 percent interest in the East one half of the East one half of the
Southeast one quarter, Section 6, Township 50 South, Range 26 East, Collier County, FL.,
containing approximately 3g acres, plus or minus.
4. Price: The purchase price for the above descriSed property, plus or minus prorations as
herejustier provided is FIVE HIYNDRED TWENTY THOUSAND DOLLARS ($520,000,00). The
purchase price shall be paid as follows:
a. A deposit of $3,420.00 shall be paid to the Buyer's attorney upon' acceptance of
Buyer's offer by .Seller. The deposit shall be deposited in an account insured by an
agency of the United States at,.: shall bear interest. All interest accrued' shall be
credited to Buyer.
b. $~16,580.00, subject to adjusunents and prorations, shall be paid at closing by
Cashier's Check drawn on a bank located in Collier County, Florida,
5. Closing: Provided the cofitingencies contained herein are satisfied, closing shall take place
'at the Law Offices of James A. Pilon, Siesky, Pilon, and Wood, 1000 Tamiami Trail North, Suite
201, Naples, FI0dda 34102, no earlier than November 16, 1998, but not later than January 15, 1999 "-
at a time of day to be set by Buyer. Buyer shall be the legal owner of the property as of the closing
and Seller shall give possession of the property at closing.
6. Title Evidence: Witkin thirty (60) days of the Effective Date, Seller shall deliver to Buyer q
a complete Abstract of Title to the subject property. The Abstract shall show good and marketable
title with legal access subject only to the following title exceptions: (a) Real property ad valorera
taxes for the year of closing; Co) Zoning, building code and other use restrictions imposed by
governmental authority; (c) Outstanding oil, gas and mineral interests of record, if any; and (d)
Restrictions and easements common to the subdivision.
7. Condition of Land: Buyer hln inspected the subject lands and accepts them in aleir present
ondition. Buyer will maintain a minimum of $1,000,000.00 of liability insurance with respect to
-~..
~LANNIN(3 ,SL~VICE$ ' ,,
pUD98= 17 ' Pg'
MAY-18-1998 10:38 FROM SIE~KY PILGN AND WOOD TO 265?59? P.003/015
the lands with Seller as an additional insured. Buyer indermli~es Seller against any and all claims
or liabilities arising out of Buyer' s development of the properrS'.
Seller shall maintain the property which is the subject of this Agreement in its current condition and
in accordance with all ordinances, laws, roles, and regulations of the State of Florida and County of
Collier applicable to the property, including the prompt payment of ad valorera taxes.
8. Seller's Instruments and Expenses: SeLler shall pay for and provide when applicable,
including any state sales tax due thereon: (a) absu'act of title, (b) preparation of statutory warranty
deed; (c) an affidavit regarding liens, possession, and withholding under FIRPTA, in a form
sufficient to allow "gap" coverage by fitle insurance; (d) any special assessment against the property;
and (e) Seller's anomey's fee.
9. Buyer's Instruments and Expenses: Buyer shall pay for and provide when applicable,
including any state sales tax due thereon: (a) recording fee for. deed; (b) survey; (c) Buyer's attorney
fees; (d) real estate brokerage commission; and (e) dodurnentary stamps on the deed of conveyance.
10. Prorations: The current year's ad valorera real estate taxes will be promted as of the date of
closing based on the current year (if available), otherwise on the prior year's bill (without discount)
and readjusted upon receipt of tax bin if requested by either party.
1 I. Title Defects: Buyer shall have thirty (30) days from receipt for examination of evidence of
title and legal access. if the title or legal access is found defective, Buyer shall within such time
period notify Seller in writing specifying the defect(s). If the defect(s) render(s) title artmarketable,
or Seller cannot deliver possession, or there is no legal access, the Seller shall have ninety (90) days
from the receipt of notice within which to remove such defect(s). Seller agrees that Seller will, if
Seller CannOt deliver possessio.n, or Seller has no access, or title is found to be defeCtive, use diligent.
effort to correct the defect(s) within the time provided therefor. However, Seller shall not be liable
to Buyer for damages if Seller carmot make title marketable, deliver possession or provide access.
Buyer shall have the option of accepting such possession, access and title as Seller can provide':
without reduction of the purchase price, or of demanding a refund of all monies paid hereunder, and
upon demand the monies shall be promptly returned to Buyer. Upon such demand and repayment
the Buyer and Seller shall be released, as to one another, of all obligations under this alxeement.
12. Survey: Buyer may order the real property surveyed at Buyeras expense. If the survey,
certified by a registered Florida surveyor, shows any encroachment onto the property or that
improvements located on this property. project onto lands of others, or violate any of the recorded
or contract covenants, Buyer shall promptly notify the Seller in writing of this violation,
encroachment or projection and the same shall be treated as a title defect. Provided, however, that
any violation, encroachments or projection on the property must be removed by Seller within 15 days
of Buyer's receipt of the survey or Buyer may terminate this agreement and receive the return of his
deposit as his sole remedy, or Buyer may waive the existence of the defects and close his purchase
with no reduction in the purchase price.
AGENDA I ~C~Oh
13. R.e. cording of A~reement: Th-~s A~eemenc may not be recorded Ln the°P
of Collier County, Florida. MAR 0 9 1999 '~"'
2 pg.
MAY-18-1998 I~:39 FROM SIES~<Y FILOH AHD tdOOD TO 263?39? P.004/015
14. Representations and Warrat. ties of Seller: Without regard to any independent investigations
made by Buyer, Seller represents and warrants to Buyer on and as of the effective date and as of the
closing date as follows:
(a) Seller owns the property in fee simple.
Co) Except for the Seller, there are no persons who have possessory fights in respect to the
property or any part thereof.
(c) Seller has full capacity, fight, powe: and authority to execute, deliver and perform this
agreement and all documents to be executed by Seller pursuant hereto, and all required action and
approvals therefor have been duly taken and obtained.
(d) Seller is not aware of the presence ofany b~:':~rdous substances, protected or endangered
animals or plants, historical or archaeological artifacts or sites .on the subject property.
15. Time and Binding Contract: Th'ne is of the essence for closing rifle. A written acceptance
of this offer (or counter-offer) shall constitute a binding contract for the purchase and' sale of the
property which shall bind the parties, their assigns and the estates of the parties. If Buyer does not
perform Buyer's obligations hereunder (except as excused by the Seller's default) all deposits made
shall be paid to the Seller as !iquidated damages or in the alternative, Seller may enforce this
agreement by a suit for specific performance. If Seller does not perform Seller's obligations
hereunder (except as excused by the Buyer's default) Buyer may enforce this agreement by a suit for
specific performance, damages or may elect to terminate the contract and receive a refund of the
deposit.
16. Litigation Costs and Attorneys' Fe_e~s: In connection with any Htigation concerning this
agreement the prevailing party shall be entitled to recover reasonable attorneys' fees and cost.
17. Escrow ~Funds: The escrow agent shall be .Tames A. Pilon, attorney for the Buyer. The
escrow agent shall be liable only for willful misconduct or gross negligence.
18. Disclosure of Brol<er' No real estate brokers are involved in this transaction.
~ --
19. FIRPTA and Form 1099: Sellers who are U.S. citizens or who are resident aliens are exempt
from this withholding. Buyer shall collect form the Seller, or deduct and witlhhold from the purchase
price, a tax on the Seller equal to or I0% of the purchase price unless the Seller shall satisfy Buyer
that a statutory exemption relieves the Buyer fi'om such collection by furnishing to the Buyer an
affidavit which establishes exemption to Buyer's satisfaction and indemnifies Buyer for not
collecting the -tax. Seller shall not be required to pay to the Buyer or allow ,,~'ithholding by the Buyer
until the Buyer satisfies Seller, the -tax ,,,,'ill be properly and timely paid. Within I0 days..after receipt,
Buyer will file with and pay such t~x to the Secretary of the Treasury for the benefit of the Seller.
The collection of the withholding by Buyer, or establishment of an exemption by Seller, is a
3 '
MAR 0 9 ]999
MAY-18-1998 10:40 FROM SIESKY PILOH ~ND WOOD TO 2637397 P.005/015
condition precedent to closing Ibr the sole benefit of the Buyer. A failure of Seller to comply or
allow compliance with the requiremenr. s of Section 1445 IRC (and regulations) is an event of default
and breach of this agreement by the Seller.
20. Radon Gas Disclosure: Florida law requires the follow4.ng disclosure: "Radon is a naturally
occurring radioactive gas that, when it has accumulated in a building in sufficient quanfities~ may
present health risB ti3 persons who are exposed to it over time. Levels of ration that exceed federal
and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county public health unit."
21. En...tire _Agreemere, Amendments and Waivers: This agreemere contains the entire agreement
and understanding of the parties with respect to the subject matter .hereof, and all previous
negotiations and understandings between the Seller and Buyer or their respective agents and
employees with respect to the transaction set forth here. in are merged in this agreement. Further, this
agreement may not be mended, modified or discharged nor may any of its terms be waived except
by an instrument in writing signed by the party to be bound thereby.
22. Further Assurances: Each party shall do, execute, acknowledge and deliver all such further
acts, instruments and assurances and take all such further action before or alter the closing as shall
be necessary or desirable.to fully carry out this agreement and to fully consummate and effect the
transactions contemplated hereby.
23. Notice: All notices provided for in this agreement shall be in writing and shall be deemed
to have been given three (3) business days at'cer depositing in the United States mail, certified mail,
remm receipt requested, or upon actual receipt if transmitted by hand-delivery, Federal Express, or
similar service and shall be delivered to the follov, ing addresses:
For the Buyer: James H. German
5207 Davis Blvd.
Naples, Florida 34104
For the Seller: Bernard Cohen
P.O. Box 600343 q -
North Miami Beach, FL 33160
24. Period of Offer: Unless this offer is accepted by Seller and such acceptance is delivered by
Buyer (a facsimile copy of the signed acceptance shall be binding) by 5:00 P.M., April 24, 1998, it
is revoked.
25. Buyer is a Florida licensed real estate salesperson.
4
MAY-18-1998 10:41 FROM SIESKY PILObl AND WOOD TO 26~T39~ P.006/015
26. Seller Assistance: Scller agrees that he will Billy cooperate with Buyer in scouring all
needed governmental approvals and permits to allow Buyer to develop the property. All such
approvals and permRs will bc procured at Buyer's expense. Buyer and its agents arc hereby granted
full and complete access to the property and Buyer is authorized to act as agent of Seller in dealing
with govemmcntal agencies.
27. .Additional contract: Buyer's c~bligadons hereunder are contingent upon the simultaneous
acquisition of and closing on the r~maining 65.8 percent interest in the subject property. Should such
closing not occur Buyer shall be entitled to a rculm of its deposit upon demand.
May,
IN WITNESS V~REOF, the paxdes have executed this agreement the. 5.,thday
1998.
¥
WITNESSES: BUYER:
] es /Go~
/
SELLER:
MAY-18-1998 10:4i FROM 5155~('~ P!LON AND WOOD TO 2637397 P.007/015
ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
BETWEEN
BERNARD COHEN SELLER
JAME~ ! M, ~ORMAN, OR HIS ASSI,~NS BUYER
FOR THE PURCHASE OF THE FOLLOWING DESCRIBED PROPERTY:
An undivided 34.2 percent interest in the East one half of
the East one half of the Southeast one quarter, Section 6,
Township 50 South, Range 26 East, Coll-ier County, Florida,
containing approximately 38 acres,, plus or minus.
1. Paragraph 5 is hereby amended by deleting the first sentence of
said paragraph and substituting therefore the following:
Provided the contingencies contained herein are satisfied, closing
shall take place' at the law offices of James A. Pilon, Siesky,
Pi!on & wood, 1000 Tamiami Trail North, Suite 201, Naples, Florida
34102, upon reasonable notice to Seller, no earlier than November
16, 19~8, but not later than January 15, 1999 at a time of day to
be set by Buyer.
2. Paragraph 12 is hereby deleted in its entirety an~ substituting
therefore the following:
Survey,: Buyer may order the real property surveyed at Buyer's
expense. If the survey, certified by a registered Florida
surveyor, shows any encroachment onto the property or that
improvements located on this property project onto lands of
others, or violate any of the recorded or contract covenants,
Buyer shall promptly notify the Seller in writing of this
violation, encroachment or projection and the same shall ~be-
treated as a title defect. Provided, however, that any violation,
encroachments or projection on the property must be removed by
Seller within 15 days of Buyer's written notification to Seller of
such violation, encroachment or projection or Buyer may terminate
this Agreement and receive the return of his deposit as his sole
remedy, or Buyer may waive the existence of the defects and close
his purchase with no reduction in the purchase price.
MAR 0 9 1999
MAY-18-1998 10:42 FROM SIESKY PILON AND WOOD TO 2637399 P.008/015
3. Paragraph 23 is hereby amended to provide nhat as Co the Seller,
no~ices shall also be provided
Jeffrey A. Kern, Esquire
Law Offices of Jeffrey A. Kern
Biscayne Centre, Suite 264
11900 Biscayne Boulevard
North Miami Beach, Florida 33181
THIS IS PAGE TWO (2) OF A TWO (2) PAGE DOCUMENT.
26. OTMER TERMS AND CONDITIONS ·
NONE.
DATE:
/
WITNESS TO BUYER BUY>~
d2'./;', //' ' ' ~s H. ~oz~',~ ,
/ -.-
WITNESS TO SELLER: SELLER
BEkN COHEN "' '
MAR 0 9 1999
Pg.
MAY-18-1998 10:45 FROM SIESKY PILON AP4D WOOD TO 263?59? P.009/015
AGREE~iENT FOR PURCHASE AaND SALE
1. Parties: The parties to this transaction are IAMZES H. GOR.MAI'4 or his assigns, 5207 Davis
Blvd., Naples, FL 34104, herein called Buyer, and GREATER .M_IA~MI rE'WISH FEDERATION,
INC., TRUSTEE UNDER THE BERNARD COHEN INTER VrVOS CHARITABLE
REM. AINDER UNITRUST DATED MARCH 27, 1998, herein called Seller.
2. A~reement: Seller, as the owner of an undivided65,8 percent interest in the property, agrees
to sell and convey such interest and Buyer agrees to purchase such interest in the property, including
all applicable permits, four the purchase price and upon the terms and conditions herein provided.
3. property:. The property to be sold and purchased purs~.nt to this agreement is legally
described as an undivided 65.8 percent interest in the East one half of the East one half of
Southeast one quarter, Section 6, Township 50 South, Range 26 East, Collier County, FL.,
containing approximalely 38 acres, plus or minus.
4. Price: The purchase price for the above described property, plus or minus prorations as
hereinafter provided is ONE MILLION DOLLARS ($1,000,000.00). The purchase price shall be
paid as follows:
a. A deposit of $6,580.00 shall be paid to the Buyer's attorney upon acceptance of
Buyer's offer 6y S~ller. The deposit shall be deposited in an account insured by an
agency of the United States and shall bear interest. All interest seemed shall be
credited to Buyer. .
b. $993,420.00, subject to adjustments and prorations, shall be paid at closing by
Cashier's Check drawn on a bank located in Collier County, Florida. -
Closing;: Provided the contingencies contained herein are satisfied, closing shall take place
at the Law Offices of:lames A. Pilon, Siesk'y, Pilon, and Wood, 1000 Tamiami Trail North, Suite _
20I, Naples, Florida 34102, no earlier than November 16, 1998, but not later than January 15, 1999
at a time of day to be set by Buyer. Buyer shall be the legal owner of the property as of the closing
and Seller shall give possession of the property at closing.
6. Title Evidence: Withix~ thirty' (60) days of the Effective Date, Seller shah deliver to Buyer
a complete Abstract of'Title to the subject property. The Abstract shall show good and marketable
rifle with legal access subject only to the following title exceptions: (a) Real property ad valorera
taxes for the year of closing; (b) Zoning,' building code and other use restrictions imposed by
governmental authority; (e) Outstanding oil, gas and mineral interests of record, if any; and (d)
Restrictions and easements common to the subdivision.
7. Condition of' Land: Buyer has inspected the subject lands and accepts them in their present
condition. Buyer will maintain a mir, imum of $1,000,000.00 of liability insurance with respect to
, MAR 0 9 ]999 "~'
MA¥-18-1998 10:43 FROM SIESKY PILO.q AND WOOD TO 263959? P.010/015
the lands with Seller as an additional insured. Buyer indemnifies Seller a~amst any and all claims
or liabilities arising out of Buyer's development of the property.
Seller Shall m~intain the property which is the subject of ~As Agreement in its current condition and
in accordance with all ordinances, laws, rules, and reg~lafion.s of the State of Florida and County of
Collier applicable to the property., including the prompt payment of ad valorera taxes.
8. Seller's Insmu'nents and Expenses: Seller shall pay for and provide when applicable,
including any state sales tax due thereon: (a) abstract of title, (b) preparation of statutory warranty
deed; (c) an affidavit regarding liens, possession, and withholding under FIRPTA~ in a form
sufficicm to allow "gap" coverage by title insuranc.~', (d) any special assessment against the property;
and (e) Seller's attomey'~s fee.
9. Buy_er's_hsm~__.ents and Expenses: Buyer shall pay for and provide when applicable,
including any state sales tax due thereon: (a) recording fee l:~r deed;,(b) survey; (c) Buyer's attorney
fees; (d) real estate brokerage commission; and (e) documentary stamps on the deed of conveyance.
10. Prorations: The current yeax's ad valorera real estate taxes will be promted as oft he date of
closing based on the current year (if available), otherwise on the prior yeat's bill (without discount)
and readjusted upon receipt of tax bill if requested by either party.
--_ 11. Ti~e Defects: Buyer shall have thirty. (30) days from receipt for examination of ~vidence of
ti~e and legal access. if the rifle or legal access is found defective, Buyer shall within such time
period notify Seller in writing specifying the defect(s). If the defect(s) render(s) title unmatketable,
or Seller cannot deliver possession, or there is no legal access, the Seller shall have ninety (90) days
from the receipt of notice within which to remove such defect(s). Seller agrees that Seller will, if
Seller cannot deliver possession, or Seller has no access, or tide is found to be defectiv. e, use diligent
effort to correct the defect(s) within the time provided therefor. However, Seller shallnot be liable
to Buyer for damages if Seller cannot make title marketable, deliver possession ot provide access.
Buyer shall have the option of accepting such possession, access and title as Seller can provide
without reduction of the purcha~ price, or of demanding a refund of all monies paid hereunder, and
upon demand the monies shall b~ promptly returned to Buyer. Upon such demand and repayment
the Buyer and S~.iler shall be releas,ect, as to one another, of all obligations under thi~ agreement.
12. .Survey: Buyer may brder the real property surveyed at Buyer's expense. If the survey,
certified by a registered Florida surveyor, shows any encroacb. raent onto the property or that
improvements located on this property. project onto lands of others, or violate any of the recorded
or contract covenants, Buyer shall promp~y notify the Seller in writing of this violation,
encroachment or projection and the same shall be treated as a title defect. Provided, however, that
any violation, encmachments or projection on the property must be removed by Seller within 15 days
of Buyer's receipt of the survey or Buyer may terminate this agreement and receive the.r.e.mrn of his
deposit as his sole remedy, or Buyer may waive the exist. ence of~he defects and close his purchase
with no reduction ~ the purchase price.
13. Recordin~ of'Agreement:This Agreement may not be recorded ~cor. d:
of collier co,, ty, iorida. (s')l
PRAY-18-1998 10:~ FROM SIESKY P!LON ArID WCCD TO 263759~ P.011/015
I4. .R..epresentations and Warranties of SelIer: Without regard to any independent investigations
made by Buyer, Seller represents and warrants to Buyer on and as of the effective date and as of the
closing date as follows:
(a) Seller owns the property in fee simple.
Co) Except for the Seller, there are no persons who have posse~sory rights in respect to the
property or any pan thereof.
(c) SeLler has full capacity, right, power and authorip/to execute, 'deliver and perform this
agreement and all doctn~eftts to be e.xecuted by Seller pursuant hereto, and all required ~,ctiot~ and
approvals therefor have been duly taken and obtained.
(d) Seller is not aware of the pt.~sence of any hazardous substances, protecteel or endangered
animals or plants, kistorical or archaeolog/cal artifacts or sites' on the, subject property.
15. Time and Bindine Contract: Time is of the essence for closing title. A wri=en acceptance
of this offer (or counter-offer) shall con~itute a binding contract for the purchase and sale of the
property which sb,l! bind the pardes, theh' assigns and the estates of the parties. If Buyer does not
perform Buyer's obligations hemunder (except as excused by the Sellers default) all deposits made
shall be paid to the Seller as. liquidated damages or in the alternative, Seller may enforce this
agreement by a auk for specific performance. If Seller does not perform Seller's obligations
hereunder (except as excused by the Buyer~s default) Buyer may enforce th/s agreement by a suit for
specific performeric. e, damages or may elect to terminate The contract and receive a refund of the
deposit
16. Litigation Costs and AttO.me~ys' Fees: In connection with any litigation conaernlng th/s
agreement the prevailing party shall be entitled to recover reasonable attorneys' fees and cost.
I7. Escrow Funds: The escrow agent shall be 3'ames A. Pilon, attorney for the Buyer. The -.
escrow agent shall be Llabla only for willf'al misconduct or gross negligence.
18. Disclosure of Broker: No real estate brc'~ers are involved in this transaction.
;1 _-
19. FIRPTA and Form 1099; Sellers who are U.S. citizens or who ar~ resident aliens az~ exempt
from this withholding. Buyer shall collect form the Seller, or deduct and withhold from the purchase
price, a tax on the Seller equal to or 10% Of the purchase price unless the Seller shall satisfy Buyer
that a statutory exemption relieves the Buyer from such collection by furnishing to the Buyer an
affidavit which establishes exemption to Buyet's satisfaction and indemnifies Buyer for not
collecting the tax. Seller shall not be required to pay to the Buyer or allow withholding by the Buyer
until the Buyer satisfies Seller, the tax ~vi',l be properly and timely paid. Within 10 days after receipt,
Buyer will file with and pay such tax to the Secretary of the Treasury for the benefit of the Seller.
The collection of th~ withholding by Buyer, or estabIistunent of an exempt;on b), Seller, is a
MAR 0 9 ~999
MAY-18-1998 10:45 FROM SIES~<¥ PILCN AHD WOOD TO 2637597 P.O12x~15
condition precedent to closing for the sole benefit of the Buyer. A failure of Seller to comply or
allow. compliance with the requirements of Section 1445 IRC (and tegulaions) is an event of default
and breach of this agreement by the Seller.
20. Ration Gas Disclosure: Florida law requires the following disclosure: "Padon is a naturally
occurring radioactive gas that, when it has accumulated in a building in sufficient quantifies, 'may
present health risks to persons who are exposed to it over time. Levels of ration that exceed federal
and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county public health unit."
21. Entire Agreem~t,_Amendments and Waivers: This ag~'eement contains the entire agreement
and understanding of the parties with respect to the subject matter hereof, and all previous
negotiations and understandings between the Seller and Buyer or their respective agents and
employees with respect to the transacticn set forth heroin ar~.merg~ in this agreement. Furthe', this
agreement may not be amended, modified or discI~xgeEl nor may any of its te~ais be waived except
by an ir~.~-u-ument in writing signed by the party to be bound thereby.
22. Further Assurances: Each party shall do, execute, acknowledge and deliver all such further
acts, immmxents and assurances and take all such further action before or after the closing ~s shall
be necessary or desirable to fq. lly carry out this agreement and to fully consummate and effect
transactions contemplated hereby.
23. Notie~: All notices provided for in this agreement shall be in writing and shall be deemed
to hav._e_~Igi~;en three (3) business days after depositing in the United States mail, certified mail,
return receipt requested, or upon actual receipt if tran-~mitted by hand-delivery, Federal Express, or
similar service and shall be delivered to the following addresses:
For the Buyer: James H. Gorman'
5207 Davis Blvd.
Naples, Florida 34 I04
For the Seller: G-reared:' Miami Jewish Federati,~n, Inc., Trustee
4200 Biscayne B1vd. ~
Miami, FL 33137
'24. period of Offer: Unless this offer is accepted by Seller and such acceptance is delivered by
Buyer (a facsimile copy of the signed acceptance shall be binding) by 5:00 P.M., April 14, 1998, it
is r~voked.
25. Buyer is a Florida licensed real estate salesperson.
· 4 MAR 0 9 1999 ~ ~_.. ~
MAY-'18-1998 10:46 ~ROM SIESKY PILON AND WOOD TO 263?39? P.013/015
:26. Seller Assistance: Seller agrees that he v,~ll fully cooperate w~th Buyer in sectn'ing all
needed governmental approvals and permits to allow Buyer to develop the property. All such
approvals and permits will be procured aT Buyer' s expense. Buyer and its agents are hereby granted
full and complete access to the property and Buyer is authorized to act as agent of Seller in dealing
with governmental agencies.
27. Additional contract: Buyer's obligations hereunder are. contingent upon the simultaneous
acquisition of and closing on the remaining 3,~.2 percent interest in the subject property. Should such
closing not occur Buyer shall be entitled to a return of its deposit upon dead.
IN WrINF..SS Wf-I:EKEOF, the parties have executed this agreement theda of April,
__ Y
1998.
WITNESSES: BUYER: .. ' '
C-~~,~ ~ ~ !/
&
SELLER:
GREATER MIAMI JEWISH FEDERATION, INC.,
TRUSTEE UNDER THE BERNARD COHEN
INTER VI'VOS CHARITABLE REMAINDER "~'
UNITRUST DATED MARCH 27, 1995
MAR 0 9 '1999
MAY-18-!998 10:46 FROM SIESKY PiLON AND WOOD TO 265?39? P.014/015
I~ ~
ADDENDUM TO AGREEMENT FOR PURCEASE AND SALE
BETWEEN
GREATER MIAMI JEWISH FEDEP-ATION, INC ...... TRIISTEE UNDER~ .~.
B. ERNARD. COHEN INTER VIVOS C~3LRITA3LE REMAINDER_UNITRUST_DAT~D
MARCH 27. 1998. SELLER
J_ ~AMES H. GORMAN, OR HIS ASSIGNS BUYER
FOR THE PURCHASE OF THE FOLLOWING DESCRIBED PROPERTY:
An undivided 65.8 percent interest in the East one half of
the East one half of the Southeast one quarter, Section 6,
Township 50 South, Range 26 East, Collier County, Florida,
containing approximately 38 acres, plus or minus.
1. Paragraph S is hereby amended by deleting the first sentence of
said paragraph ind' substituting therefore the following:
Provided the contingencies contained herein are satisfied, closing
sha~l take place at the law offices of James A. Pilot, Siesky.
Pilon & wood, 1000 Tamiami Trail North, Suite 201, Naples, Florida
34102, upon reasonable notice to Seller, no earlier than November
16, 1998, but not later than January 1S, 1999 at a time of day
be set by Buyer.
2.. Paragraph 12 is hereby deleted in its entirety and-substituting
therefore the following:
Survey: Buyer may order the real property surveyed at Buyer's
expense. If the survey,-.certified by a registered Florida
surveyor, shows any' c. ncroachment onto ~he property or than
improvements located on this property project onto lands
o~hers, or violate any of ~he reccrded or contract covenan=s, '
Buyer shall promptly notify the Seller in writing of this
violation, encroachment or projection .and the same shall be
treated as a title defect. Provided, however, that any viola=ion,
encroachments or projection on the property must be removed by
Seller within 15 days of Buyer's written notification to Seller of
such violation, encroachment or projection or Buyer may'~ermina=e
this Agreement and receive the return of his deposit as his sole
remedy, or Buyer my waive the existence of the defectS'~nd close
his purchase with no reduction in the purchase orice.
Paragraph 14 is hereby deleued in its en~ire~y. N~-~t.
'Z
, MAR 0 9 1999
MAY-18-1998 10:49 FROM SIESKY PILON AND WI]OD TO 2637~97 P.0!5/015
4. Paragraph 23 is hereby amended co provide that as to the Seller,
notices shall also be provided
Michelle Pivar, E~quire
6401 Southwest 87 n Avenue, Suite
Miami, Florida 33173
THIS IS PAGE TWO (2) OF A TWO (2) PAGE DOCUMENT.
26. OTHER TERMS AND CONDITIONS
,.. ·t,
DA~S:,
/
/ %'
FEDERATION, INC., TRUSTEE.
UNDER THE BERNARD COHEN INTER
VIVOS CHARITABLE REMAINDER
" UN~. D~.,D 17~~7~.27, 1998
· '-. -'~ ~ :';~ ~ By:
-.
/
F: \APPS \ WP5 1 \ JPD0CS \ELLIS \C~RMAN\GORMA~ 2. ADD
. MAR 0 e 1999 ',=-.-
~ Pg. /'//~
ORDINANCE NO. 99-
3
~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
6 INCLL~ES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE L~INCORPOtATED AREA OF COLLIER COUNTY, FLORIDA
s BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9 0606S; BY CHANGING THE ZONING CLASSIFICATION OF
lo THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RLFR_AL
11 AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
12 KNOWN AS WHITTENBERG ESTATES PUD FOR A MAXIMUM OF
13 114 SINGLE-FAMILY AND MULTI-FAMILY DWELLING UNITS,
i4 LOCATED C~ THE NORTH SIDE OF DAVIS BOULEVARD (S.R.
15 84), EAST OF WHITTEN DRIVE IN SECTION 6, TOWNSHIP
16 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
17 CONSISTING OF 38± ACRES; AND BY PROVIDING AN
is EFFECTIVE DATE.
19
2o WHEREAS, Blair A. Foley, P.E., cf Coastal Consultants, Inc.,
21 representing James Gorman, petitioned the Board of County
22 Commissioners to change the zoning classification of the herein
23 described real property;
24 NOW, THEREFORE BE IT ORDAINED by the Board of County
~ 25 Commissioners of Collier County, Florida:
26
27 The zoning classification of the herein described real
28 property located in Section 6, Township 50 South, Range 26 East,
29 Collier County, Florida, is changed from "A" Rural Agriculture to
30 "PUD" Planned Unit Development in accordance with the Whittenberg
31 Estates PUD Document, attached hereto as Exhibit "A" and
32 incorporated by reference herein. The Official Zoning Atlas Map
33 Number 0606S, as described in Ordinance Number 91-102, the
34 Collier County Land Development Code, is hereby amended
35 accordingly.
36
37 This Ordinance shall become effective upon filing with the
38 Department of State.
39
40
41
MAR 0 9 1999
-1-
pg. ,L/,~'
3 PASSED AND DULY ~HDOPTED by the Board c_= County Commlssioners
4 of Collier County, Florlda, this __ day of ,
5 1999.
6
~ BOARD OF COUNTY COMMISSIONERS
8 COLLIER COUNTY, FLORIDA
9
10
11 ATTEST:
12 BY:
13 PAMELA S. MAC' KiE, CHAIRWOMAN
14 DWIGHT E. BROCK, Clerk
15
16
17
18 Approved as to Form
19 and Legal Sufficiency
20
21
23 Marjori& M. Student
24 Assistant County Attorney
25
26 PUD-98-17 OPjDINANCE/
27
28
0 9 1999
WHITTENBERG ESTATES
A
PLANNED UNIT DEVELOPSlENT
REGULATIONS AND CONCEPTUAL MASTER PLAN
GOVERNING DEVELOP,~IENT OF
WHITTENBERG ESTATES
A PLANNED UNIT DEVELOPSlENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPNIENT CODE
PREPARED FOR:
XVHITTENBERG DEVELOPSlENT CORPORATION
PREPARED BY:
COASTAL ENGINEERING CONSL'LTANTS, INC.
3106 S. HORSESHOE DRIVE
NAPLES, FL 34104
CEC FILE NO. 98.114
September 25, 1998
DATE FILED:
DATE RE\,;ISED:
DATE REVIE\~,~D BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
Exhibit "A" .:?~"fl~ ~g~/
MAR 0 9 1999
TABLE OF CONTENTS
STATE~IENT OF COMPLIANCE
SECTION I PROPERTY O\VNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT
SECTION III RESIDENTIAL T1L~CTS D & E
SECTION I\7 OPEN SPACE TRACTS B & C
SECTION V PRESERVE CONSERVATION TR:XCTS F. G. H & J
SECTION VI DEVELOPMENT COMMITMENTS
EXHIBIT "A" PUD MASTER PLAN
MAR 0 9 ioa9 '
'J,-'
Pr~ 4_~8 ,_
STATENlENT OF COSIPLIANCE
The development of approximately 38.0 acres of propert>' in Collier CounD', as a Planned Unit
Development 'known as \Vhittenberg Estates, is in compliance with the goals, objectives and policies
of Collier County as set forth in the Growth Management Plan. The residential, recreational. and other
development authorized herein will be consistent with the ~owth policies, land development
re~lations and applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan in effect at the time of approval by the Collier County Board of County
Cormnissioners for the following reasons:
Residential Project
1. The subject property is within the Urban Residential land use desi~ation as identified on the
Future Land Use Map as required in Objective t, Policy 5.1 and Policy 5.3 of the Future Land
Use Element.
2. The subject property's location in relation to existing or proposed community facilities and
sen'ices permits the development's residential density as required in Objective 2 of the Future
Land Use Element.
3. The project development is compatible and complementaD, to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
.4. Future improvements are planned to be in compliance with all current and applicable land
development regulations as set forth in the Growth Management Plan and amendments thereto.
5. The project development results in an efficient and economical extension of community
facilities and serYices as required in Policies 3.1.H and L of the Future Land Use Element.
6. The project dex;elopment incorporates a natural systern for water management in accordance
with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-
Element of the Public Facilities Element.
7. The maximum density is 3.0 dwelling units per acre and is in compliance with the Future Land
Use Element of the Growth .Management Plan which allows a base density of four (4).
8. The project includes extensive open space in the form of a native vegetation preserve to
provide a high quality of life for its residents.
MAR 0 9 1999
SECTION I
PROPERTY O~VNERSHIP AND DESCRIPTION
The purpose of this Section is to set forth the location and ownership of the property., and to
describe the existing conditions of the property being developed under the project name of
\\"hittenberg Estates.
1.2 PROPERTY OXV,'N'ERSHIP
The subject property. is currently under the ownership of Bernard Cohen, P.O. Box 600343.
North Miami Beach, Florida 33610.
1.3 LEGAL DESCRIPTION
The east one-half of the east one-half of the southeast one quarter, Section 6, Township 50
South. Range 26 East, Collier Count3.', Florida. subject to easements, restrictions, reservation
and rights-of-way of record.
1.4 GENEtLA. L DESCRIPTION OF PROPERT'~; AREA
The project site contains 38.0 acres and is located in lands lying within Section 6, Township 50
South, Range 26 East. Collier CounD', Florida. The propen>, is bounded on the north by Saxon
Manor, on the east bv Glen Eagle Golf & Countr2,.' Club. and on the west by the Whittenberg
PUD.
1.5 PROJECT DESCRIPTION'
Whittenberg Estates is a proposed residential community. The project will consist of a
maximum of 11 ~ units, recreational pool area and gate house.
The project entrance is off \Vhinenberg Drive from the adjacent PUD, and the intemat road
svstem is a two lane dead-end cul-de-sac.
The maximum number of dwelling units for the project will be 114 units, resulting in a ~oss
density of 3 units per acre.
This Ordinance shall be 'known and cited as the W'hittenberg Estates Planned Unit
Development Ordinance.
SECTION II
PROJECT DEVELOP,~IENT
2.1 PU~OSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances and the respective land uses of the
tracts included in the project.
2.2 ~
A. Regulations for development of \Vhinenberg Estates shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and pans of the Collier County Land Development Code and
Collier County Growth Management Plan in effect at the time of local final
development order or building permit application. Where these PUD regulations fail to
provide developmental standards, then the provisions of the most similar district in the
Collier Count.-,' 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 local final
development order or building permit application.
C. The development permitted by the approval of this petition will be subject to review
under the applicable provisions of the Land Development Code in effect at the time
development permits are requested.
D. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15 Adequate Public Facilities at the earliest
or next to occur of either final SDP approval, final plat approval, or building permit
issuance applicable to this development.
2.3 DESCRIPTION OF THE PUD MASTER PLAN
The PUD Master Plan including layout of streets and uses of land for the various tracts is
iljustrated ~aphically by the PUD Master Plan, Ex.hibit "A".
2.4 PERMITTED DENSITY
No more than the maximum of 114 dwelling units shall be constructed in the total project area.
The gross project area is 38.0 acres. The gross project densiv,,, therefore, will be a .~o.
3 units per acre.
~ MAR 0 9 1999
II-1
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to recording the Subdivision Plat. and/or approval of a Condominium Plat, final plans
shall receive appro','al of the appropriate Collier Counrb.' governmental agency to insure
compliance with the PUD Master Plan. the Collier Count',' Land Development Code and the
platting laws of the State of Florida.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/dry model home centers, sales centers and administrative offices shall be
permitted in conjunction with the promotion of the development after approval of the
preliminary subdivision plat, consistent with the requirements of Section 2.6.33.4 and an.','
other applicable sections of the Land Development Code.
2.7 AMENDMENTS TO PUD DOCUN/IENT OR PUD MASTER PLAN
A_mendments max' be made to the PUD as provided in the Collier Count.',' Land Development
Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY O\x..n','ERS FOR COMMON AREA. MAINTENANCF.
The land areas and recreation amenities will be under common ownership of all subsequent
purchasers of properrS.' within said development. The developer has provided the appropriate
legal instruments for the establishment of a Master Property. Owners' Association whose
function includes provisions for the perpetual care and maintenance of those common facilities
and open space. This document is known as the "Master Declaration of Covenants. Conditions
and Restrictions for \V'hittenberg Estates", to be recorded in the Public Records of Collier
Count'.
~ MAR 0 9 1999
II-2
SECTION III
RESIDENTIAL TRACTS D & E
3.1 ~
The purpose of this Section is to identify specific development standards for areas desigmated
on the PUD Master Plan as residential tracts.
3.2 MAXIMUM D\VELLING L.XITS
Tracts desig'nated for residential uses shall be developed in accordance with the standards set
forth in the Collier County Land Development Code and the development re_m:lations
established in this Ordinance provided the total number of dwelling units for the entire
Whittenberg Estates PUD does not exceed 114.
3.3 USES PEFLVIITTED
The type of principal use that characterizes the initial development of an>, platted tract shall be
carried throughout the development of that entire tract.
No building or structure. or part thereof, shall be erected. altered or used. or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Single Family Detached
2. Multi-Family/Zero Lot Line
3. Recreation Community Facilities (See B.2 below)
4. Duplex
B. Accessory. Uses:
1. Customary accessor3., uses and structures, including carports, garages, patios,
pools, spas, decks, fences and other accessor3., uses that are typically associated
with similar principal uses per the Land Development Code.
2. Recreational community. facilities that serve as an integal part of a residential
tract and have been designated, reviewed and approved on a Site Development
Plan or Preliminary. Subdivision Plat for that development. Recreational
facilities may include, but are not limited to a pool building and swimming
pool.
,~o~.sW_~,/,.~:~)/-3 Small buildings, enclosures. or other structures constructed for purposes of
maintenance. sen'ice or shelter.
MAR 0 9 1999 4 Small docks. piers. boardwalks or other such facilities constructed for purposes
of lake access.
Pg. . ~..'CF,~;, _,..~ III- 1
3.4 DEVELOPMENT STANDAtLDS
TYPE "I" SEN'GLE- TYPE "III"
PEtL'~IITTED USE ST.4.ND.dh~DS FA_MILY TYPE "II" ZERO LOT LLN'E/
DETACHED .~ IULTI-F.zL'~IILY
DUPLEX
Minimum Land Area Per Dwelling Unit 4500 SF 1 ACRE 3500 SF
Min. Site or Lot Width 38 FT 50 FT 38 FT
Ivin. Front Yard Setback, Principal 25 FT 30 FT 25 FT
Min. Front Yard Setback, Accessor,.' 10 FT 10 FT 10 FT
Min. Side Yard Setback. Principal '7,!.,~ FT 15 FT
Min. Side Yard Setback Accessor,.' 7! ~. FT ] 15 FT 0 FT or a rain. of 6 FT
Side Yard Setback. Walls, Fences 0 FT ! OFT 0 FT
Min. Rear Yard Setback. Pnncipal 20 FT .3:0 FT 20 FT
1Vin. Rear Yard Setback. Accessor:,.' 10 FT 10 FT 10 FT
Max. Building Height 35 FT 40 FT 40 FT
Min. Distance Bem'een Principal Structures I2 FT 15 FT 12 FT
t
Min. Floor Area Dwelling Unit 1200 SF 1000 SF 1000 SF
! ,
.VOTE: .4li yards and set-backs shall be in relation w t]~e DTdividual ];arce! boundan' except as other'wise
?rovided.
':' Each half of Duplex unit requires a lot area allocation of 3.500 S.F. for a total minimum lot area of 7,000 S.F.
!:>\Vhere the zero (0) feet yard option is utilized. the opposite side of the structure shall have a six (6) foot side yard.
Zero (0) foot yards may be used on either side of a structure provided that the opposite six (6) foot side yard is
provided.
Front yard setbacks shall be measured as follov s:
(a) If the parcel is served by a public or private right-of-way, setback is measured from the
adjacent right-of-way line.
(b) If the parcel is served by a non-platted private drive. setback is measured from the back
of curb, valley gutter or edge of pavement.
(c) If the parcel is ser,;ed by a platted private drive. setback is measured from the road
easement or propert), line.
(d) The first dwelling unit constructed in a series of zero lot line developments shall
establish the zero lot line side for that tract or series of zero lot line dwellings.
3.5 OFF-STREET PARKING AND LOADING REQUIRENIENTS
A. As required by Division 2.3 of the Collier County. Land Development Co,~
the time of building permit application.
B. No recreational or commercial vehicle parking is allowed within residenti;d tracts.
C. Parking within principal structures is permitted. (i.e., garages) MAR 0 9 1999
III-2
SECTION IV
OPEN SPACE TRACTS B & C
4.1 ~
The purpose of this section is to set forth the development plan and development standards for
the areas designated as Tracts B & C on the PUD Master Plan. Exhibit "A". The primary
function and purpose of these tracts are to provide lake, open space, and recreational facilities.
If any vegetation is removed within these tracts, it shall be provided elsewhere within the PUD
to maintain the required twenty-five percent (25%) retained native vegetation.
4.2 USES PERMITTED
No building or structure or part thereof. shall be erected, altered or used. or land used. in whole
or in part, for other than the following;
A. Principal Uses:
1. Lakes, pool building, pool, and tennis courts.
2. Open Spaces,Nature Preserves (Conse~'ation Area).
3. Small docks, boardwalks, or other such facilities constructed for purposes of
lake or preserve access.
4. Small buildings, enclosures or other structures constructed for the purpose of
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
4.3 DEX:ELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of 'andscaping, enclosure of
structures, location of access streets and parking areas and location and treatment of
buffer areas.
B. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
C. A site development plan meeting all of the Development Re~malations shall be required
in accordance with Section 3.3 of the Land Development Code.
.._. D. .'Vinimum Off-Street Parking and Loading: As required by Division 2.3 of the Land
Development Code in effect at time of building permit application. ~E~j~f~y]
E. Principal structures shall be set back a minimum of 20' from abutting resi{ ential tracts
outside this Planned Unit Development M/1, R 0 9 1999
IV-1
SECTION V
PRESERVE/CONSERVATION TRACTS F, G, H & J
The purpose of this section is to set forth the development plan and development standards for
the areas desi~ated as Tracts F, G, H & J on the PL"D Mas:er Plan, Ex_hibit "A". The pfimaO'
function and purpose of these tracts is to provide exclusive preserve conse~'ation areas.
A. No development is permitted on these tracts.
MAR 0 9 1999
V-1
SECTION VI
DE\'ELOPSIENT CO~I.~IIT~IENTS
6.1
The purpose of this Section is to set forth the development commitments for the development
of \Vhittenberg Estates.
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 re~malations applicable to
this PUD in effect at the time of local final development order or building permit application.
Except where specifically noted or stated otherwise, the standards and specifications of the
Land Development Code shall apply to this project even if the land within the PUD is not to be
platted. The developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are required to satis~, the requirements of all
applicable County ordinances or codes in effect prior to or concurrent with any subsequent
development order relating to this site. This includes, but is not limited to, Subdivision Master
Plans, Site Development Plans and any other application that will result in the issuance of final
local development order or building permit.
6.3 PUD MASTER PLAN
A. Exhibit "A": The PUD Master Plan reflects the proposed site improvements.
B. All necessaW easements, dedications, or other instruments have been, or shall be,
~anted to insure the continued operation and maintenance of all sen'ice utilities and all
common areas in the project.
6.4 SCHEDULE OF DEVELOPMENT
The proposed start date is Januari,.' of 1999 with completion targeted for January of 2002. The
proposed development is to be built within a single phase with all infrastructure and
recreational facilities to serve the entire PUD. The PUD shall be subject to the Sunset
Provisions of Section 2.7.3.4 of the Land Development Code.
6.5 DEVELOPMENT SUBSTITUTIONS FROM STANDARD SUBDIVISION REGULATIONS
A. Substitute Section 3.2.8.4.16.5. of the Land Development Code such that minimum
right-of-way easement widths for platted roads with valley gutter or curb and guner
re&relations shall be 50 feet.
MAR 0 9 1999
VI-1
B. Substitute Section 3.2.8.3.17.3. of the Land Development Code such that five (5)
foot sidewalks shall be provided on one side of the street only.
6.6 ACCESSORY STRUCTURES
Accessory, structures shall be constructed simultaneously with. or lbllowing the
construction of, the principal structure except as allowed in the Land Development
Code and for the construction site office and related facilities such as Project
Administrative Offices and Project Sales Offices.
6.7 SIGNS
All sig-ns shall be in accordance with Division 2.5 of the Collier Countv Land Development
Code.
{5.8 ENVIRONMENT.-~L
Prior to final site development plan approval, the petitioner shall provide a narrative
management plan indicating the manner in which the owner will protect the preserx:es (upland,
wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier County Land
Development Code.
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval bv Current Planning
Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
All conservation areas shall be recorded on the plat with protective covenants per or similar to
Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the
project's homeowners' association or like enti~' for ownership and maintenance
responsibilities and to Collier County with no responsibility for maintenance.
In the event the project does not require platting, all conser,'ation areas shall be recorded as
conservation..'preservation tracts or easements dedicated to an approved entity or to Collier .
County with no responsibility for maintenance and subject to the uses and limitations similar to
or as per Florida statutes Section 704.06.
Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from
the edge of wetland preserves in all places and avera~ng twenty-five (25) feet from the
landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resource Permit Rules and be
subject to review and approval by Current Planning Environmental Staff.
An exotic vegetation removal , monitoring, and maintenance (exotic free) plan for the site,
FMAR 0 9 1999
VI-2
This plan shall include the methods of exotic vegetation removal to be used within all
conservation presen'ation areas.
Petitioner shall comply with guidelines and recommendations of the U.S. Fish and \Vildlife
Service (USF\VS) and Florida Game and Fresh Water Fish Commission (FGF\VFC) regarding
potential impacts to protected wildlife species. Where protected species are obse~'ed on site, a
Habitat Management Plan for those protected species shall be submined to Current Planing
Environmental Staff for review and approval prior to final site plan'construction plan approval.
A. Water distribution. sewage collection and transmission systems shall be constructed
throughout the project by the developer at no cost to Collier County and the State of
Florida. Potable water and sanitary sewer facilities constructed v,'ithin platted fights-of-
way or within dedicated Count',, utility, easements, required by the Count,, shall be
conveyed to the Count' for ownership, operation and maintenance pursuant to Collier
Count' Ordinance No. 88-76, as amended and all State and Federal regulations and
adopted policies in effect at the time of conveyance. All potable water and sanitary
sewer facilities constructed on private propenS' and not required by the County. to be
located within County utility easements shall be owned, operated and maintained by
"' the developer, his assigns or successors. Upon completion of the potable water and
sanitary. sewer facilities within the project, the facilities shall be tested to insure they
meet Collier County's utility construction requirements in effect at the time
construction plans are approved. The above tasks shall be completed to the satisfaction
of Engineering Review Services prior to placing the facilities, whether Count3., owned
or privately owned. into service. Upon completion of construction of the potable water
and sanitary. sewer facilities and prior to the issuance of Certificates of Occupancy for
structures within the project, the utility facilities shall be corn'eyed to the Count3.',
pursuant to Collier County' Ordinance No. 88-76, as amended and all regulations in
effect at the time conveyance is requested.
B. All construction plans, technical specifications and proposed plats, if applicable, for the
proposed potable water and sanitary. sewer collection and transmission systems,
whether Counn:' owned or privately owned shall be reviewed and approved by
Engineering Review Services prior to cormnencement of construction.
C. All customers connecting to the potable water distribution system shall be customers of
the County and shall be billed by the CounD' in accordance with the County's
established rate.
D. All potable water and sanitary sewer facilities in publicly owned fights-of-way or
within dedicated CoUnty utility easements within the project's limits shall make
,,_ connection to the Coun~,'s off-site potable water systems and sanitary, sewe__r, facilities
including but not limited to the following:
MAR 0 9 1999
Main sewage lift station and properly sized force main interconnecting
',vith the Count)' utility easements necessas'.
2) Potable water distribution facilities from the point of connection with
the Countv's potable water facilities to a point of the pro.iect's property
line.
3) Construction and ownership of the potable water and sanitary sev,'er
facilities shall be in compliance with Collier County Ordinance No. 88-
76, as amended. all Federal, State regulations xvhich apply and practices
in effect at the time construction approval is requested.
4) Detailed hydraulic design reports covering potable water and sanitary
sewage collection and transmission systems to serve the project shall be
submined with the construction documents. The reports shall list all
design assumptions. demand rates and all other factors pertinent to the
svstem under consideration.
5) Certifications of Occupancy for structures constructed within the
project shall not be approved by Engineering Review Services until fire
flow tests have been conducted on the project's potable water
distribution system and the results are found to be acceptable and
approved.
6.10 TRANSPORTATION
A. The developer shall provide arterial level street lighting at the project entrance; such
improvements shall be a condition of obtaining the first Certificate of Occupancy.
B. Provisions for 25 feet of drainage easement and five (5) feet of bike/sidewalk
easement shall be dedicated as outlined on PUD Sheet Exhibit "A" prior to issuance
of the first Certificate of Occupancy. Upon request by appropriate County
representatives, Developer shall provide the 25 feet of right-of-way, via Statutory
Warranty Deed. to Collier County, a political subdivision of the State of Florida,
(along the full length of the property's Davis Boulevard (S.R. 84) frontage) along the
north side of the existing right-of-way of Davis Boulevard and over the entire length
of the property owned.
The obligation to convey the above real propert).' interest shall include obtaining and
providing, at the Developer's expense, an ALTA Form B (marketability.) title insurance
commitment within thin), (30) days of a request to do so by the County.. Further, the
Developer shall cooperate and follow all requirements contained in any commitment
with Collier County. The date of said title commitment shall not be more than one
hundred m'enty (120) days prior to the date of the recording of the conveyance by the
County,. Within fort,, five (45) days of recordina the convevanqte
in favor of Collier Count>,, a'political subdivision of the ' · ' ' '
conformance with the Countv's standard title insurance 1999
VI-4
Said role insurance policy shall be consistent with the pre\'iousty submitted title
insurance commitment. This obligation shall bind the Developer, as well as run with
the land. upon approval of this PUD amendment petition: PUD-89-1 (1).
C. The developer, its assig-ns or successors, shall provide a fair share contribution toward
the capital cost of future bikeways adjoining the project.
D. Access improvements are not subject to impact fee credits and shall be in place before
any Certificates of Occupancy are issued. This requirement shall be waived for dry
models. Project access and throat leng-th shall be desi~m~ed in accordance with Collier
Count)' Standards.
E. Road impact fees shall be as set tbrth in Ordinance 92-22, as amended, and shall be
paid at the time building permits are issued unless otherwise approved by the Board of
CountZ,'' Commissioners.
F. All traffic control devices used shall conform with the Manual on Uniform Traffic
Control Devices as required bv Chapter 316.0747, Florida Statutes.
G. An interconnected road right-of-way to the adjacent propert}.' to the west is proposed as
shown on the PUD Master Plan. Tract "S.
H. A cop)' of the SF\~,.'MD Surface Water Permit shall be submitted prior to final
construction plan approval.
I. A.n Excavation Permit will be required for the proposed lake in accordance with
Division 3.5 of the Collier County LDC and SF\VMD rules.
J. Prior to issuance of the first Certificate of Occupancy, an 80-foot wide Drainage
Easement along the entire Davis Blvd. Frontage, including an unencumbered 25-foot
wide maintenance access travelway along tFe north side of the Drainage Easement
shall be dedicated to Collier Count3'.
K. In coordination with plans for the Lely Branch Canal, the developer shall excavate a
55-foot top width canal within the 80-foot Drainage Easement with the bottom width,
bottom elevation., and side slopes as specified by the Countv Stormwater Management
Department.
6.11 ARCHEOLOGICAL
Pursuant to Section 2.2.25.8.1 of the Land Development Code. if, during the course of site
,--- clearing, excavation, or other construction activity an historic or archaeological arti~ct is
found, all development within the minimum area necessaS' to protect the
immediately stopped and the Collier CounD' Code Enforcement Department contacted.
j MAR 0 9 1999
VI-5
EXECUTIVE SUMMARY
PETITION NO. R-98-10, AMIN FARAH, REPRESENTING RAIDA HAMDAN
REQUESTING A REZONE FROM "C-4" TO "C-5" FOR A GROCERY STORE AND BUS
STOP FOR PROPERTY LOCATED AT THE CORNER OF BOSTON AVENUE AND FIRST
STREET (C.R. 846), FURTHER DESCRIBED AS LOTS 11 AND 12, BLOCK 1, CARSON'S
SUBDIVISION IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE,
FLORIDA, CONSISTING OF 1 +/- ACRE.
OBJECTIVE:
The petitioner seeks to rezone the subject property from "C-4" General Commercial to "C-5"
Heavy Commercial, in order to sell tickets and have a bus stop at the site which is currently
developed with a convenience type of retail grocery store.
CONSIDERATIONS:
The petitioner is desirous to allow for a bus stop in conjunction with an existing grocery store on
a small commercial site developed with commercial retail land uses. A bus stop/station is not a
permitted use within the current C-4 zoning district. One way to achieve this is to rezone the
subject proper~y to a district, which will allow the intended land use. However, it should be
noted that when a standard zoning district is approved the action results in all of the uses of that
district being allowed, and not simply the targeted retail uses unless otherwise restricted by the
rezoning action.
PROS/CONS:
Pros
None.
Cons
A rezoning action from C-4 to C-5 to allow for a bus stop and other heavy commercial uses is
more consistent with the Commercial district land use classification within the Immokalee
Master Plan rather than the Commerce Center-Mixed Use land use classification, for which the
property is currently designated. Staff is of the opinion that a rezoning of the subject property to
a C-5 zoning district is largely incompatible with its surrounding environs. All of the land from
the southwest comer of the intersection of Main Street with First Street, to just south of Boston
Avenue, is zoned C-4, General Commercial and is largely either developed with similar type of
small retail type of commercial uses, or residential land uses.
FISCAL IMPACT:
This rezoning by and of itself will have no fiscal impact on the County, the site is already
developed with a structure and parking area used for commercial purposes. Under the broad
assumption that the property owner might be inclined to build an estimated 500 square foot
sheltered area to house people waiting for buses, staff has calculated the following additional
impact fees that would result should this type of development occur on site.
MAR 0 9 '1999
Pg.
Estimated Development under C-5 Zoning District
Assuming 500 sf of additional floor area
F.A./1,O00 x $5,000 (road) = $2,500.00
F.A. x 0.30 (fire) = $150.00
F.A. x 0,005 (radon gas) = $2.50
F.A. x 0,005 (bldg code) = $2.50
F.A./1,000 x $250.00 (EMS) = $125.00
Total 500 sq ft additional comm =
$2,780.00
Because impact fees vary by housing type and type of commercial development, and because
this appraisal does not provide this level of specificity as to the actual type of use. the total
impact fees quoted are at best raw estimates. Additionally, it should be recognizc,a that there is
no guarantee that the project and buildout will have maximized their authorized level of
development. In addition to the impact fees described there are building permit review fees and
utility fees associated with connecting to the County's sewer and water system. Building permit
fees have traditionally offset the cost of administering the Community Development review
costs, whereas utility fees are based on their proportionate share of impact to the County system.
Impact fees are currently under review to ,-.~ ..:~ ermine if adjustments are required to more
accurately reflect the impact of a particular oevelopment on County provided services. Also,
additional revenue is generated by application of the ad valorem tax rate. The revenue that will
be generated by the ad valorem tax depends on the value of the improvements. Presently, staff
has not developed a method to arrive at a reasonable estimate of tax revenues based on the ad
valorera tax rate.
A fiscal impact analysis is incomplete with:~ut an estimate of costs that will be generated by a
particular land use development project. P;':. ~.cntly, staff has not developed a model by which to
estimate the costs of a particular land use development project. Such a model, in staffs opinion,
would be misleading because there is no certain way, particularly with respect to housing
projects, to determine their value and likelihood that not all of the authorized development will
occur.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the Growth
Management Plan. The site lies within the boundaries of the currently adopted Commerce
Center/Mixed Use area as designated on the Immokalee Future Land Use Map. A review of
consistency relationships with elements of the GMP is as follows:
Future Land Use Element -
The subject site is located within the Commerce Center/Mixed Use area as designated an the .
ter/M~
Immokalee Future Land Use Map. A description of the meaning of the Commerce Ce~'
MAR 0 9 1999
Use district in the Immokalee Area Master Plan of the GMP advises that types of uses shall be
related to function as an employment center, and shall encourage commercial and institutional
types of land uses. Uses permitted within this subdistrict shall include shopping centers,
governmental institutions, school and other employment generating uses. In considering new
commercial zoning, priority shall be give to protecting existing residential uses. Regardless, the
subject property as it is currently zoned, is presently consistent with the locational criteria as it is
presently adopted on the Future Land Use Map to the Immokalee Area Master Plan of the
County's Growth Management Plan. Specifically, the Commerce Center/Mixed Use land use
classification which allows for general commercial, residential and employment center type of
land uses. The Master Plan indicates that the Commercial District, as shown on the Immokalee
Future Land Use Map, is a more appropriate land use classification for Heavy Commercial and
highway type of commercial land uses that the C-5 zoning district allows. Specifically, the
purpose of the Commercial designation is to provide for retail, office, transient lodging facilities
and highway commercial that serves the needs of the traveling public. These commercial uses
must be located on a major arterial or collector roadway. Clearly, a rezoning action from C-4 to
C-5 to allow for a bus stop and other heavy commercial uses is more consistent with the
Commercial district classification rather than the Commerce Center-Mixed Use classification,
for which the property is currently designated.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability Map.
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
Compatibility - Staff is of the opinion that a rezoning of the subject property to a C-5 zoning
district is largely incompatible with its surrounding environs. All of the land from the southwest
comer of the intersection of Main Street with First Street, to just south of Boston Avenue, is
zoned C-4, General Commercial and is largely either developed with similar type of small retail
type of commercial uses, or residential land uses. The subject site to the north, zoned C-4 is
developed with a small restaurant. Adjacent property to the south is developed with a
bar/restaurant; property to the east is developed with the Sheriffs substation, and property to the
west consists of a vacant land zoned C-4. This general area is also sprinkled with residential
development. A rezoning of the subject site to C-5 would permit high intensity commercial land
uses in an area zoned and developed with small-scale general type of commercial land uses,
government land uses and residential land uses.
Timing - The requested rezoning is timely in its application. The surrounding commercially
zoned properties at this intersection are presently developed and water and sewer service is
available to serve the site.
Traffic - The ITE Trip Generation manual indicates that the proposed commercial fac:
,nds
generate approximately 70 to 90 additional trips per weekday (AADT) with 15.5 trip ,
MAR 0 9 1999
occurring during the a.m. peak hour. Based on this data, the site-generated traffic will not exceed
the significance test stan0ard (5 percent of the LOS "C" design volume) on CR-846. In addition,
this project will not lower the level of service below any adopted LOS "D" standard on any
County road within the proj ect's radius of development influence (RDI).
The Traffic Circulation Element (TCE) lists this segment of CR-846 as an arterial road fronting
the project. The current traffic count for this road is 8,209 ADT, which results in LOS "C"
operation. It should be noted that this road segment is not projected to be deficient at the build-
out of this project, therefore, this project is deemed consistent with Policies 1.3, 1.4 and 5.1 and
5.2 of the TCE.
Infrastructure- Municipal water and sewer services are available to serve the site. Storm water
will be designed to code requirements as a function of the site development plan approval
process.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as designated on the official Collier County Probability Map.
Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the
Land Development Code, if, during the course of site clearing, excavation or other construction
activity a historic or archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
PLANNING COMMISSION RECOMMENDATION:
At the February 18, 1999 meeting of the Collier County Planning Commission the Commission
voted unanimously to recommend denial of Petition R-98-10, per staffs recommendation, to the
Board of County Commissioners.
This petition was not placed on the summary of denial due to staffs recommendation for denial
and the Planning Commissions unanimous vote of denial.
MAR 0 9 '1999
PREPARED BY:
~$~SAN MURRAY, AICP .;,,q DATE
CHIEF PLANNER
CURRENT PLANNING MANAGER
R , AIC~" DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED B:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition R-98-10, First Stop Rezone
Tentatively scheduled for the March 9, 1999 Board of County Commissioner's meeting.
MAR 0 9 1999
I~9.
AGENDA ITEM 7-D
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION
DATE: FEBRUARY 1, 1999
RE: PETITION NO: R-98-10, First Stop
OWNER/AGENT:
Owner: Raida Hamden
100 Boston Avenue
Immokalee, FL 341z~2
Agent: Amin Farah
100 Boston Avenue
Immokalee, FL 34142
REQUESTED ACTION:
This petition seeks to rezone the subject property from "C-4" General Commercial to "C-5"
Heavy Commercial, in order to sell tickets and have a bus stop at the site which is currently
developed with a convenience type of retail grocery store.
GEOGRAPHIC LOCATION:
The subject site is located on the northwest comer of Boston Avenue and First Street in
Immokalee, Block 1, Lots 11 and 12, Carson's subdivision, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is desirous to allow for a bus stop in conjunction with an existing grocery store on
a small commercial site developed with commercial retail land uses. A bus stop/station is not a
permitted use within the current C-4 zoning district. One way to achieve this is to re?one the
subject property to a district, which will allow the intended land use. However, it should be
noted that when a standard zoning district is approved the action results in all of the uses of that
district being allowed, and not simply the targeted retail uses unless otherwise restricted by the
rezoning action.
SURROUNDING LAND USE AND ZONING:
Existing: The subject .69 acre site is currently developed with a convenience typ ~~ ~,,~
grocery store. ~,; has 300 feet of frontage on Boston Avenue and is 100 feet deep, for a
square footage i.: 30,000 square feet.
MAR 0 9 1999
]
Surrounding: North: The property to the north is zoned C-4, General commercial, and is currently developed with a parking lot.
South: The property to the south is right-of-way for Boston Avenue.
East: The property to the east is right-of-way for First Street. Across First Street
further east is the Sheriffs substation and a small government office
complex.
West: The property to the west, is right-of-way for 2na Street, further west, are
retail commercial uses.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject site is located within the Commerce Center/Mixed Use area as designated on the
Immokalee Future Land Use Map. A description of the meaning of the Commerce Center/Mixed
Use district in the Immokalee Area Master Plan of the GMP advises that types of uses shall be
related to function as an employment center, and shall encourage commercial and institutional
types of land uses. Uses permitted within this subdistrict shall include shopping centers,
governmental institutions, school and other employment generating uses. In considering new
commercial zoning, priority shall be give to protecting existing residential uses. Regardless, the
subject property as it is currently zoned, is presently consistent with the locational criteria as it is
( presently adopted on the Future Land Use Map to the Immokalee Area Master Plan of the
County' s Growth Management Plan. Specifically, the Commerce Center/Mixed Use land use
classification which allows for general commercial, residential and employment center type of
land uses. The Master Plan indicates that the Commercial District, as shown on the Immokalee
Future Land Use Map, is a more appropriate land use classification for Heavy Commercial and
highway type of commercial land uses that the C-5 zoning district allows. Specifically, the
purpose of the Commercial designation is to provide for retail, office, transient lodging facilities
and highway commercial that serve the needs of the traveling public. These commercial uses
must be located on a major arterial or collector roadway. Clearly, a rezoning action from C-4 to
C-5 to allow for a bus stop and other heavy commercial uses is more consistent with the
Commercial district classification rather than the Commerce Center-Mixed Use classification,
for which the property is currently designated. Regarding other applicable elements of the GMP,
staff is of the opinion that a rezoning action from C-4 to C-5 would not change any level of
service relationship in a negative manner.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historic/archaeological probability as designated on the official Collier County Probability Map.
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall bc
immediately stopped and the Collier County Code Enforcement Department contact ~d.
MAR 0 9 '!999
2
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This primarily includes a review by the
Community Development environmental and engineering staff, and the Transportation Services
Division staff. This petition was administratively reviewed on behalf of the EAB and staff
recommended approval with conditions as presented in the attached ordinance for adoption.
ANALYSIS:
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision makers. The evaluation by professional staff should
typically include an analysis of the petitioner's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements.
Other evaluation considerations should include an assessment of adequacy of transportation
infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration
usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range
plan for future land uses.
The most important facet of the rezoning is that it constitutes a legislative statement that
authorized the use of land for a specific development strategy, provided the development of the
land can go forward. It may or may not affect the timing of development because of subsequent
permitting requirements.
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus
requiring staff evaluation and comment, and form the basis for a recommendation of approval or
denial by the Planning Commission once approved and/or otherwise modified by the Board of
County Commissioners.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth
Management Plan.
The Land Development Code provides for a zoning district(s) within the Commerce Center-
Mixed Use land use designation which permit uses characterized as commercial, such ~F, retail
shopping centers, and employment generating types of uses such as government center p ~
and schools. In the opinion of staff, an action to rezone the property to C-5 for heavy c. ~mmercial
3 0
land uses is inconsistent with the criteria for the mix of commercial and institutional uses
(, associated with a Commerce Center/Mixed Use type of land use. The C-5 zoning district more
closely meets the intent of the Commercial District land use classification, designed to provide
for retail and highway commercial type of land uses that serve the needs of the traveling public.
It is not sufficient that a petition only need to show consistency with the GMP in order to justify
a rezoning action. Other factors are equally important and include the following:
Compatibility - Staff is of the opinion that a rezoning of the subject property to a C-5 zoning
district is largely incompatible with its surrounding environs. All of the land from the southwest
comer of the intersection of Main Street with F:r:;t Street, to just south of Boston Avenue, is
zoned C-4, General Commercial and is largely either developed with similar type of small retail
type of commercial uses, or residential land uses. The subject site to the north, zoned C-4 is
developed with a small restaurant. Adjacent property to the south is developed with a
bar/restaurant; property to the east is developed with the Sheriffs substation, and property to the
west consists of a vacant land zoned C-4. This general area is also sprinkled with residential
development. A rezoning of the subject site to C-5 would permit high intensity commercial land
uses in an area zoned and developed with small-scale general type of commercial land uses,
government land uses and residential land uses.
Timing - There are no issues of timing inasmuch as the land is already developed with a
_ small convenience type of retail use. The petitioner would merely like to expand the permitted
uses to allow for a Bus Stop. Community infrastructure is already in place.
(
Traffic - The ITE Trip Generation manual indicates that the proposed commercial facility will
generate approximately 70 to 90 additional trips per weekday (AADT) with 15.5 trip ends
occurring during the a.m. peak hour. Based on this data, the site-generated traffic will not exceed
the significance test standard (5 percent of the LOS "C" design volume) on CR-846. In addition,
this project will not lower the level of service below any adopted LOS "D" standard on any
County road within the project' s radius of development influence (RDI).
The Traffic Circulation Element (TCE) lists this segment of CR-846 as an arterial road fronting
the project. The current traffic count for this road is 8,209 ADT, which results in LOS "C"
operation. It should be noted that this road segment is not projected to be deficient at the build-
out of this project, therefore, this project is deemed consistent with Policies 1.3, 1.4 and 5.1 and
5.2 of the TCE.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward this petition with a recommendation for denial. Staff
makes this recommendation with the opinion that the requested rezoning to C-5 is largely
inconsistent with the Commerce Center/Mixed Use land use classification, and is incompatible to
surrounding properties, all of which are zoned C-4, developed with small scale commercial retail
type of land uses, government offices and residential type of development.
Should the CCPC vote to forward this petition with a recommendation for approval, staff .....
~!'.. recommends that the uses on site be limited to a Bus StoF type of use. N~E"~Zk'jr~r'~
MAR 0 9 1999
4
iD
PREPARED BY:
/g0SAN MURRAY, AICP , DATE
CHIEF PLANNER
~~VIE~UD Y~~
it( ~D ~?N'Y/~O, ~CP DATE
CURRENT PLANNING MANAGER
, AI~'b'~ DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
MfNISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number: R-98-10, First Stop
Staff Report for February 18, 1999 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the March 9, 1999 BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL J. BRUET, CHAIRPERSON
MAR 0 9 1999
5
REZONE FINDINGS FOR PETITION R-98-10
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use Map and the elements of the Growth
Management Plan.
Pro/Con: Evaluation not applicable.
Summary Findin_~s: The proposed development is not in compliance with the intent of
the Commerce Center/Mixed Use land use classification as described in the Immokalee
Master Plan to the Growth Management Plan.
2. The existing !and use pattern.
Pro/Con: Evaluation not applicable.
Existing: The subject .69 acre site is currently developed with a convenience type of retail
grocery store. It has 300 feet of frontage on Boston Avenue and is 100 feet deep, for a total site
area of 30,000 square feet.
Surrounding: North: The property to the north is zoned C-4, General commercial, and is currently developed with a parking lot.
South: The property to the south is right-of-way for Boston Avenue.
East: The property to the east is right-of-way for 1 st Street. Across First Street
is the Sheriff substation and various govemment offices.
West: The property to the west, is right-of-way for 2nd Street, then retail
commercial uses permitted in the C-4 zoning district.
Summary_ Findings: The proposed rezoning and subsequent use of the property
for heavy commercial types of land uses allowed by the C-5 zoning district will be out
of scale with the surrounding properties which are developed small scale commercial,
governmental and residential type of land uses. Surrounding properties are zoned C-4.
There are no nearby or adjacent properties zoned for C-5, or developed with heavy
commercial types of land uses. The site, as currently zoned, is compatible with ~
zoned and commercially developed properties. No. ~?~[ ,
MAR 0 9 1999
6
3. The possible creation of an isolated district unrelated to adjacent and nearby
( districts;
Pro/Con: Evaluation not applicable.
SummaT Findings: The parcel is in a location such that a C-5 zoning district will result
in an isolated heavy commercial zoning district unrelated to adjacent and nearby districts.
Adjacent properties to the north, south and west are developed with uses permitted
in the C-4 zoning district. The properties to the east are developed with government types
of land uses. Rezoning the subject 2-lot site would create an island of C-5 zoning amidst
a sea of surrounding C-4 zoned properties.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary, Findines: Existing district boundaries are logically drawn and they are
consistent with the GMP. The proposed change in the district boundaries would allow a
small parcel of land to be developed with intense commercial land uses un-related to the
general type of commercial land uses permitted by the existing and surrounding C-4
properties which are zoned to allow General Commercial, C-4 uses.
( 5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The site as it is currently zoned is not unusable. In fact it is presently developed
with a neighborhood commercial type of convenience grocery store.
Con: The proposed zoning change is inappropriate. It is not based on the existing
conditions of the property, and its relationship to the FLUE (Future Land Use Element)
of the GMP, specifically, it is inconsistent with the Immokalee Area Master Plan.
Summary_ Findines: The proposed zoning change is inappropriate based on the
existing conditions of the property, its inconsistency with the intent of the future land use
classification and development in the surrounding environs.
6- Whether the proposed change will adversely influence living conditions in
the neighborhood;
Pro: None.
Con: A rezoning action that is inconsistent with the intent of the future land use
classification as described in the community's comprehensive master plan is a statement
that acknowledges the action does not contribute to the basic goals and objectives of
master planning which is the promotion of the overall public health, welfare mct
and is therefore also not part of the equation which promotes the best principle i of
neighborhood composition. The proposed change will have the affect of permi :ting
MAR 0 9 1999
heavy commercial types of land uses on the site, different from surrounding
( properties which are developed with general commercial, residential and office type of
development.
Summan' Findings: The proposed change may adversely influence living
conditions in the neighborhood because the change is inconsistent with the goals
and objectives of the master plan and incompatible with surrounding development.
7. Whether the proposed change will c~, :~;t, or excessively increase traffic
congestion or create ,vpes of traffic incompatible with surrounding land uses,
because of peak volt, rues or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Pro: Development of the subject property is consistent with the provisions of the
Traffic Circulation Element of the GMP, therefore traffic intensity should not
adversely affect the comfort and safety of existing users on adjacent public roads.
Con: Allowing for a bus stop at this location will increase the volume of large
commercial type of vehicles in a commercial/residential type of neighborhood.
Summay Findings: Evaluation oi' mis 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, however, it will increase the volume of large commercial
vehicles to the area.
8. Whether the proposed change will create a drainage problem;
Pro/Con: Evaluation not applicable.
Summary Findings: Every project apnroved in Collier County involving
the utilization of land for some land use activity is scrutinized and required
to mitigate all surface drainage generated by developmental activities as a
condition of approval. This project was reviewed for drainage
relationships upon original development. Any redevelopment of the site
will require design and construction plans which shall meet County
standards as a condition of approval. In the event area wide deficiencies
develop, which deficiencies would be further exacerbated by developing
vacant land, the County is required to react through its Concurrency
Management System.
9. Whether the proposed change will seriously reduce light and air to adjacent areas:
"'- Pro/Con: Evaluation not applicable.
~ Summary Findings: All projects in Collier County are subject to the
development standards that are unique to the zoning district in which it is
MAR 0 9 1999
8
located. These development standards and others apply generally and
(' equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) and were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
The criteria governing development in the C-4 zoning district were
designed to take into account the proximity of nearby residential land uses.
10. Whether the proposed change will adversely affect property values in the adjacent
area:
Pro/Con: Evaluation not applicable.
Summary_ Findines: This is a subjective determination based upon
anticipated results which may be intemal or external to the subject
property that can affect property values. Property valuation is affected by
a host of factors including zoning, however zoning by itself may or may
not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation
may or may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary_ Findines: The basic premise underlying all of the
development standards in the zoning division of the Land Development
Code is that their sound application when combined with the
administrative site development plan approval process, gives reasonable
assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property. Surrounding properties
which are developed appear to be in a well-maintained condition.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary_ Findines: The proposed development fails to comply with the intent
of the Commerce Center-Mixed Use land use classification as described in the
Immokalee Master Plan of the Growth Management Plan, a public policy
statement which supports zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed change will constitute a
grant of special privilege. Inconsistency with the FLUE is further determined to
be a public welfare relationship because actions that are not consistent with plans
are not in the public interest. .~osET
MAR 0 9 1999
9
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findinl~: The subject property is developed and functioning in
accordance with the existing zoning. To deny this petition may be considered to
deny the petitioner of the opportunity to maximize the development potential of
the site. However, a zoning action which is inconsistent with the County's Growth
Management Plan is generally found not to be in the public's best interest.
14. Whether the change requested is out of scale with the needs of the neighborhood or
the County;
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed development fails to comply with the
Growth Management Plan, a policy statement which has evaluated the
scale, density and intensity of land uses deemed to be acceptable for this
site. Therefore, the change requested can be deemed to be out of scale with the
needs of the neighborhood or the County.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findines: The County has a number of sites within Commercial
District designated areas on the Immokalee Master Plan which could be eligible
for a rezoning to C-5, Heavy Commercial. This is not the determining factor when
evaluating the appropriateness of a rezoning decision. The determinants of
zoning are consistency with all elements of the GMP, compatibility, adequacy of
infrastructure and to some extent the timing of the action and all of the above
criteria.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro: The site is developed with an older, commercial building with little
landscaping. A significant redevelopment of the site may have the affect of
bringing up the site to current Land Development Code requirements with respect
to parking, landscaping and architectural design features.
M/XR 0 9 1999
10
Con: The site is 30,000 square feet in area, a significant portion of which is
( currently developed with a commercial building. The addition of a bus stop or
heavy type of commercial land uses with subsequent need for parking for large
scale commercial vehicles may further exacerbate the lack ofdevelopable land
area remaining on site.
Summary Findings: The site is currently developed with a convenience type of retail
store. The addition of a bus stop will more than likely not necessitate a complete
redevelopment of the site. The public may enjoy an upgrading of the site to certain
current LDC requirements, to the greatest extent possible that they may occur on that site
given existing conditions.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary_ Findings: Public facilities are available, and their Level of
Service is commensurate with Adequate Public Facilities standards.
MAR 0 9 1999
/7
Pg.
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDIN~ THE OFFICIAL ZONING ATLAS MAP
NUMBE :'iO4S BY CHANGING THE ZONING
CLAS... . SATION OF THE HEREIN DESCRIBED
PRCFERTY LOCATED AT THE CORNER OF BOSTON
AVENUE AND FIRST STREET (C.R. 846) IN
SECTION 4, TOWNSHIP 47 SOUTH, R/~E 29
EAST, COLLIER COUNTY, FLORIDA, F. '~1 " C-4"
TO " C-5" FOR A GROCERY STORE AK~ BUS
STOP; PTeOVIDING FOR STAFF AND PLANNING
COM~' ": :7. 0N STIPULATIONS; AND BY PROVIDING
AN L- ~rECTIVE DATE.
WHEREAS, Amin Farah, representing Raida Hamdan, petitioned
the Board of County Commissioners to change the zoning
classificazion of LL~ herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONER~ OF COLLIER COUNTY, FLORIDA:
The zor..:~g classification of the real property as more
particularly described by Exhibit "A", attached hereto and
incorporated by reference herein, and located in Section 4,
Township 47 South, Range 29 East, Collier County, Florida, is
changed from "C-4" to ~ C-5" and the Official Zoning Atlas
Map Number 7904S, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby amended accordingly. The
herein described real property is the same for which the rezone
is hereby apprc-~::~
This Ordinance shall become effective upon filing with the
Department of State.
AGE ,T
MAR 0 9 1999
PASSED A/qD DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this day of
, 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
~S T~EENTI~
ASSISTA/qT COUNTY ATTORNEY
g/R-98-10 REZONE ORDIN~/~CE/
MAR 0 9 1999
Exhibit A R-98-10
Carson's Subdivision, Block 1, Lots 11 and 12, Section 4, Township 47 South, Range 29
East, Collier County, Florida.
MAR 0 9 1999
APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE
Petition No.: Date Petition Received:
Conmfission District: Pl~er Assigned:
ABOV~ TO B~ CO~PLBTBD BY
General lnfermaUem
Name of Applicant(s) ~a~aa ~amaan
Applicant's ~ailin~ Address ~ 00 Boston ~ve.
City Zm~oka~ee State ~ Zip 34~42
Applicant's ~elephone ~ g~ ~ - 65 ? - 33 g 0B~
~ameo~A~ent Amen ~a~ab Bjrm ~Es~ slop
A~ent's Mailin~ Address ~00 ~osLon Ave
City ZmmoKa~ee S[ate
A~ent's Telephone ~ g 4 ~ - 65 ? - 8222 ~
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PIIONE (941) 403-2400/FAX (941) 643-6968 .t~.t.~c~
APPI,ICATION' FOR PUBLIC I!EARING FOR STANDARD REZ, ONE- 5/98
MAR 0 9 1999-
PAGE I C 15
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in cramnon, 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
Ruth Miners 850 N. 15th Street 100%
Immokalee_;., F1 34142
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
P, IPrLIGATION'FOI{ i'UBt~IC IIEARING FOR STANDARD REZONE- 5/98
MAR 0 9 1999
PAGE 20~ 15
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with aim individual or individuals, a
Corporation, Trustee, or a Partnership, list the nmnes of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Date of Contract:
Name and Address Percentage of Ownership
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
Raida Hamdan 100 Boston Ave Immokalee, FI 34142
A.min Farah 100 Boston Ave. Immokaleet F1 34142
g. Date subject property, acquired [] leased [] 1996 Term of lease 10 yrs./m0s.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
APPLICATIO~ FOR PUBLIC HEARING FOR ~TANDARD REZONE-.~/98
PAGE 3 dVIAR 0 9 1999-
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: Of 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.
Applicm~t shall submit four (4) copies of a recent survey (completed within the last six
nmnths, n~aximum 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 conceming the legal description, an engineer's certification or sealed
survey may be required.
Section: q Township: ~/? Range: 22 9
Lot: 12 Block: ! Subdivision: Carson
Plat Book Page #:~ Property I.D.#: 25580320007
Metes & Bounds Description:
150 100 &
4. Size of property: 150 ft.X 100 ft. =TotalSq. Ft. 30,000 Acres__
5. Address/general location of subject property: corner of na.qton and
Street in Immokalee, F1.
6. Adjacent zoning and land use:
Zoning Land use
N Parking Lot
S Sheriff Dept.
E Dry good store
W Bar, restaurant _ ~ ~
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
MAR 0 9 1999
PAG~ 4 C 15
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page).
Section: Township: Range:
ll&
Lot: 12 Block: 1 Subdivision: c a r s on
Plat Book Page #:__ Property I.D.#: 25580320007
Metes & Betrods Description:
7. Rezone Request: This application is requesting a rezone from the c- 4
zoning district (s) to the c- 5 zoning district(s).
Present Use of the Property: Grocery Store
Proposed Use (or range ofuses) ofthe property: Grocery Store and Bus Stop
8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land
Development Code, staffs analysis and recommendation to the Plm~ning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in support of tl~e request.
Currently tickets are sold at this location. A waiting area
is available for the passengers.
MAR 0 9 1999
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
PAGE 5 OF 15
Standard Rezone.._Cp2~siderations (LDC Section 2. 7. 2.5.)
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districLv.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
5. Whether changed or changing conditions make the passage of the proposed
amendment (fezone) necessary.
6. Whether the proposed change will adversely influence living conditions in the
-.-- neighborhood.
7. ~FTtether thc proposed change will create or excessively increase traffic congestion or
create types of traffic deemea 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.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light attd air to adjacent areas.
10. Whether the proposed change will seriously affect property values in the adjacent
area.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacem property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -
MAR 0 9 1999.
PAGE 6 C F 15
14. Ifhether the change suggested is out of scale with the needs of the neighborhood or
the county.
15.Whether it is impossible to~nd other adequate sites in the county for the proposed
use in districts already permitting such use.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
17. 1 ;,c impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended.
18.Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subject property_: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? ~ 0
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 (15) copies of a
24" x 36" conceptual site plan [and one reduced 8'A" x 11" copy of site plan], drawn
to a maximum scale of 1 inch equals 400 feet, depicting the following [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];
APPL1CATIO~ FOR PUBLIC HEARING FOR STANDARD REZONE-S/911 MAR 0 9 999
PAGE 7 )F 15 ~ 7
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to
the site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC), or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
"" within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant' and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.9.5.5.4.).
15. Statement of utility provisions (with all required attachments and sketches);
c3. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological survey or waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
:i_ . Auy 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.
MAR 0 9 1999
APPLICATION FOR PUBLIC IIEARING FOR STANDARD REZONE - $/98
PAGE 8 F'I'5"
TRAFFIC IMPACT STATEMENT CrIS):
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as detem~ined at the pre-application meeting. Please note the following with
regard to TIS submittals:
MINOR TIS; Generally required for rezone requests for property less than 10 acres in size,
although based on the intensity or unique character of a petition, a major TIS may be required for
petition of ten acres or less.
MAJOR TI$: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an
ingress/egress point, or providing turn or decel lanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the Ixansporta~on system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic
Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4,
5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of
the following:
I. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
MAR 0 9 1999
AP!'LICATIO/~ FOR PUBLIC ItEARtNG FOR STANDARD REZONE- 5/98 ~
PAGE 9 oF 15 pg._ q -
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or fezone petition:
1.. Trip Generation; Provide the total traffic generated by the project for each link within
the project's Radius of Development Influence (RDI) in confonnance with the acceptable
traffic engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless
documentation by the petitioner or the County justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the
RDI. Both mmual average and peak seasonal traffic should be depicted.
3. Existing Traffic: Provide a map depicting the current traffic conditions on all links
within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the
RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
5. Radius of Development Influence {RDI): The TIS shall cover the least of the following
tWO areas:
a ) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use Distance
Residential 5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0 - 49, 999 ~:;q. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft. 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the
.-- proposed project rather than a geometric radius. N~.~E ,~.~
MAR 0 9 1999
~I~LICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
PAGE Y~' ' ~
6. Intersection Analysis: An intersection analysis is required for all intersections within the
RDI wilere the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7. Background Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in
a listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting fiom
potential development shall be provided. Potential development is that which may be
developed ~naximally under the effective Future Land Use Element (FLUE) and lhe
Collier County Land Development Code. This estimate shall be for the projecled
development areas within the projects RDI. A map or list of such lands with potential
traffic impact calculations shall be provided.
9. Through Traffic: At a minimum, increases in through traffic shall be addressed through
the year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the
estimation as well.
10. Planned/Proposed Roadway Improve~nents: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the tra['fic
impacts of a project are mitigated through a phasing schedule, such a phasing schedule
may be made a condition of any approval.
TIS FORM RVB/RJM 10/17/97
MAR 0 9 '1999
APPLICATIOI'q FOR PUBLIC ItEARING FOR STANDARD REZONE - 5/98
PAGE 11 ~F'-!~'~
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST
:1.. NAME OF APPLICANT: Raidt Himdan
2. MAILING ADDRESS: 100 Boston Ave.
CITY Immokalee STATE F1 ZIP 34142
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
100 Boston Avenue Immokalee, F1 34142
4. LEGAL DESCRIPTION:
Section: Township: Range:
ll&
Lot: 1 Block: 12 Subdivision: Carson
Plat Book Page #: Property I.D.#: 25580320007
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEI~I []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PACKAGE TREATMENT PLANT []
(GPD capacity).
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM
c. FRANCttlSED UTILITY SYSTEM []
PROVIDE NAME
--- d. PRIVATE SYSTEM (WELL) []
MAR 0 9 1999
APPLICATION FOR PUBLIC !lEARING FOR STANDARD REZONI~ - S/9~ ~PCl, 5C~
PAGE 12 OF 15
7. TOTAL POPULATION TO BE SERVED: app. 18,000 people
8. PEAK AND AVERAGE DAILY DEMANDS:
A. ~VATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED:__ .
10. NARRATIVE STATEM ~NT: Provide a brief and concise narrative statement and
schematic drawing of sex age treatment process to be used as well as a specific statement
regarding the method of{ 'fluent and sludge disposal. If percolation ponds are to be used,
then percolation data and ;oil involved shall be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
casements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the 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.
Utility Provision Statement RJM 10/17/97
MAR 0 9 1999
APPLICATION FOR PUBLIC; IIEARING FOR STANDARD REZONE - 5/98 , p(j. 3 5__
PAGE 13 OF 15
STANDARD REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
ILE Q UIREMENTS # oF r oT
COPIES REQUIRED REQUIRED
1. Completed Application 15
2. Copy of Deed(s) and list identifying Owner(s) and all 1
Partners if a Corporatiou
3. Completed Owner/Ageni Affidavit, Notarized 1
4. Pre-application notes/minutes 15
5. Conceptual Site Plans 15
6. Environmental Impact Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 4
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4
10. Itistorical & Archaeological Survey or Waiver 4
Application
11. Copies of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structure(s) 4
13. Application Fee, Check shall be made payable to .
Collier County Board of Co~nmissioners
14. Other Requiren~ents - __
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
A~nUApplicant Signature Date
MAR 0 9 1999
APFLICATIO~ FOR PUBLIC IIEARING FOR STANDARD REZONE - 5/98
PAGE 14
A F/FIDA VIT
We/I, CURTIS MINERS being first duly sworn, depose and say that we/I
am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief
We/I understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted
As property owner We/I further authorize ~l~ , D A. /-/A~a4.v /AI,~,Z,",4/ tJ tf A~A/qo act
as our/my representative in any matters regarding this Petition.
Sig a;ure of Prjpe ty O ner Properr ner
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this 29 day of SEPTEF~I!m ,
19 98, by CURTIS MINERS who is personally known to me or has produced
FL DRIVERS LICIiiX'qSE as identification.
State of Horida (Signature of Notary Public - State
County of Collier Florida)
GRACE TORRES
~Print, type, or ~tamp Commfssion.
Name o/ Notar~ Public)
PAGE 15 OF I
I ORDINANCE NO. 99-
3
4 AN ORDINANCE AMENDING ORDINANCE NUMBER
5 91-102, THE COLLIER COUNTY LAND DEVELOPMENT
6 CODE WHICH ESTABLISHED THE COMPREHENSIVE
7 ZONING REGULATIONS FOR THE UNINCORPORATED
s AREA OF COLLIER COUNTY, FLORIDA, BY
9 AMENDING THE OFFICIAL ZONING ATLAS MAP
10 NUMBER 7904S BY CHANGING THE ZONING
11 CLASSIFICATION OF THE HEREIN DESCRIBED
12 PROPERTY LOCATED AT THE CORNER OF BOSTON
13 AVENUE AND FIRST STREET (C.R. 846) IN
14 SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29
15 FAST, COLLIER COUNTY, FLORIDA, FROM ~' C-4"
16 TO '~ C-5" FOR A GROCERY STORE AND BUS
17 STOP; PROVIDING FOR STAFF AND PLANNING
18 COMMISSION STIPUIAATIONS; AND BY PROVIDING
19 AN EFFECTIVE DATE.
20 ·
2 1
22 WHEREAS, Amin Farah, representing Raida Hamdan, petitioned
23 the Board of County Commissioners to change the zoning
24 classification of the heroin described real property;
25 ~" NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
26 .OMMISSIONERS OF COLLIER COUNTY, FLORIDA:
27
28 The zoning classification of the real property as more
29 particularly described by Exhibit "A" attached hereto and
30 incorporated by reference herein, and located in Section 4,
31 Township 47 South, Range 29 East, Collier County, Florida is
32 changed from "C-4" to "C-5" and the Official Zoning Atlas '~
33 Map Number 7904S, as described in Ordinance 91-102, the Collier
34 County Land Development Code is hereby amended accordingly. The
35 herein described .real property is the same for which the rezone
36 is hereby approved.
3s This Ordinance shall become effective upon filing with the
39 Department of State.
40
43
MAR 0 9 1999
1
2 PASSED AND DULY ADOPTED by the Board of County
3 Commissioners of Collier County, Florida, this day of
4 , 1999.
5
6 BOARD OF COUNTY COMMISSIONERS
7 COLLIER COUNTY, FLORIDA
8
9
10 BY:
11 PAMELA S. MAC'KIE, CHAIRWOMAN
12
13 ATTEST:
14 DWIGHT E. BROCK, CLERK
15
16
17
18
19 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
20
21
23 MARJOR~ M. STUDENT
24 ASSISTANT COUNTY ATTORNEY
25
26 g/R-g8-10 REZONE ORDINANCE/
27
28
MAR 0 9't999
Pg. J
EXECUTIVE SUMMARY
PUD-98-22, GEORGE L. VARNADOE, EXQ., OF YOUNG, VAN ASSENDERP & VARNADOE,
P.A., REPRESENTING CLYDE C. QUINBY, TRUSTEE, REQUESTING A REZONE FROM "A"
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS IBIS COVE
FOR A MIXED USE RESIDENTIAL PROJECT INCLUDING ASSISTED LIVING HOUSING AND
COMMUNITY FACILITIES SUCH AS CHURCHES, SCHOOLS, CIVIC AND CULTURAL
FACILITIES, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD,
EAST OF GULF COAST HIGH SCHOOL, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 96.5_+ ACRES.
OBJECTIVE:
The petitioner seeks to have certain land herein described rezoned from its current zoning classification
of "A" Rural Agriculture to "PUD" Planned Unit Development.
CONSIDERATIONS:
The property is located on the south side of Immokalee Road (CR-846) lying immediately west and
contiguous to the Gulf Coast High School. The proposed Ibis Cove PUD proposes a development
strategy that will include the potential for mixed housing not to exceed 550 dwelling units, and the
opportunity to allow certain community facility type uses (i.e. church, schools, etc.), and Assisted
Living Facility housing on that portion of the property fronting upon Immokalee Road (CR-846).
Only one community facility may be approved with a limitation of 65,000 square feet of floor area.
Should an ALF be constructed on property fronting Immokalee Road it shall comply with LDC
development standards. The maximum height of buildings is 45 feet for residential and ALF uses, and
65 feet for a community facility use. The minimum setback from Immokalee Road is 50 feet and 75
feet respectively for the above noted uses.
The property is located within the Urban-Mixed Use-Urban Residentially designated area. As such it
authorizes all the uses proposed within the PUD. An analysis for consistency with applicable elements
of the GMP advises that approval of this PUD as structured would be consistent with applicable
elements of the GMP. This consistency conclusion includes the matter of density. This project'
proposes a density of 5.5 dwelling units per acre, whereas, the density rating system would authorize
up to 7 dwelling units per acre.
All rezoning actions require a findings on the part of the Collier County Planning Commission (CCPC)
based on provisions of Section 2.7.2.5. A preponderance of the rezone findings support are action to
rezone the property. Said findings are included in this Executive Summary submission together with
the staff report which has been adopted by the CCPC.
The CCPC heard this petition on February 18, 1999. They unanimously recommended appraval Of the
AGEND ,T .,~
petition. No person spoke or otherwise provide written objection to this petition. No. ~
MAR 0 9 1999
---_,Pg:,, /
FISCAL IMPACT:
At buildout, a residential project utilizing the Ibis Cove development strategy will generate the
following amount of impact fees:
For dwelling units averaging 1,000 square feet the total applicable impact fee will be $2,640 per
dwelling unit based on the following impact fees:
Library $182.52 per unit
Park $578.00 per unit
Fire $ 0.15 per sq. ft.
School $827.00 per unit
Road $890.00 per unit
Radon Gas $ 0.005 per sq. ft.
Bldg. Code Admin. $ 0.0005 per sq. ft.
EMS $ 2.00 per unit
Micro Film $ 1.50 per unit
Therefore, the total amount of impact fees at buildout will be as follows:
530 dwelling units x $2,640.00 = $1,299,200.00
Should 65,000 square feet of institutional type uses be constructed as well as the residential
development we estimate an additional $87,750.00 of impact fees (i.e. roads, EMS) will be generated.
In addition to the Impact Fees described there are building permit review fees and utility fees
associated with connecting to the County sewer and water system. Building permit fees have
traditionally off-set the cost of administrating the community development review process. Whereas
utility fees are based on their proportionate share of impact to the County system.
Impact Fees are currently being reviewed to determine if adjustments are required to more accurately
reflect the impact of particular development on County provided services.
Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be
generated by the ad valorum tax depends on the value of the improvements. At this point in time, staff
has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax
rates.
The above discussion deals with revenue schemes. Any fiscal impact analysis is incomplete without an
estimates of costs that will be generated by a particular land use development project. At this point in
time staff has not developed a method by which to estimate the cost of a particular land use
development project.
___ Nevertheless, it should be appreciated that not withstanding fiscal impact relationshi] ~, develnnment
takes place in an environment of concurrency relationship. When level of service re tuire~~~')y
below then developed standard a mechanism is in place to bring about a cessati ~n of building
MAR 0 9 1999
activities. Certain LOS standards apply countywide and would therefore bring about a countywide
concurrency determination versus roads which may have localized concurrency implications.
GROWTH MANAGEMENT IMPACT:
Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an
impact on the Collier County Growth Management Plan. This petition was reviewed for consistency
and was found to be consistent with all provisions of the Growth Management Plan.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of County Commissioners approve Petition PUD-98-22 Ibis Cove as described by the
Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan.
/
P~PARl~D B~
iiONALD P. NI~NO'~AICP DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
........ __ ,.-,'- ,./- z.
kOBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APP,ROV.~BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-98-22 EX SUMMARY/md AGENDA i ~ '
1999
MEI~IORANDUI~I
COUNTY PLANNING COMMISSION
FROM: CuM~vtUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: FEBRUARY 5, 1999
RE: PETITION NO: PETITION NUMBER PUD-98-22, IBIS COVE
OWNER/AGENT:
Agent: Mr. George L. Vamadoe, Esq.
Young, vanAssenderp, Varnadoe
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Owner: Mr. Clyde C. Quinby, Trustee
3775 Airport Pulling Road North, Suite B
Naples, Florida 34105
Beneficiaries of Trustee
Clyde C. Quinby - 33 1/3%
Frank Holland - 33 1/3%
Big Bear Investments, Inc.- 33 1/3%
REOUESTED ACTION:
This petition seeks to rezone certain lands from its current classification of "A" Rural Agricultural to
"PUD" Planned Unit Development District.
GEOGRAPHIC LOCATION;
This property is located on the south side of Immokalee Road ~CR-846) immediately east and
contiguous to the Gulf Coast High School (see location map following page).
PURPOSE/DESCRIPTION OF PROJECT;
Ibis Cove is proposed as a mixed use residential community that may include up to 550 residential
dwellings, together with certain community facilities such as, child care centers, churches, civic and
cultural facilities, museums, and schools. Additionally, an Assisted Living Facility is also provided
for under the permitted uses section. All community facility land uses must front on Immokalee
Road if this permitted use is contemplated.
Recreational uses in the common or recreationally designated area serving the resi~ ents h~s~(~3
provided for.
MAR 0 9 1999
~ __
. ~ ,' ~ ' ' ~A~ 9 1999
._. SURROUNDING LAND USE AND ZONING:
Existing: The property is undeveloped but traditionally used for
agricultural practices (i.e. row crops). For all practical purposes
there is no vegetation on the property and for that reason a
waiver of the Environmental Impact Statement was approved.
Surrounding: North - To the north lies Immokalee Road (CR-846) and
agriculturally zoned land with ranchette type lots
and residences along Nursery Lane and Rose
Blvd.
East - To the east the land is currently undeveloped but
zoned PUD as the Laurelwood PUD, while
further east lies the developing Pebblebrooke
Lakes project within the Richfield PUD.
South - To the south the land is undeveloped but there is
a current petition to rezone the land to a PUD for
a project titled Wyndam Park for a mixed
residential development.
West - To the west lies the Gulf Coast High School and
the Heritage Greens PUD a development for
mixed residential purposes.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The property is located within the Urban-Mixed Use - Urban residenttally designated area on the
Future Land Use Map to the Future Land Use Element. Additionally the property is located within a
density bonus band by virtue of its proximity to the Immokalee Road (CR-846)/CR-951 activity
center.
A consistency evaluation with aF'plicable elements of the GMP advise as follows:
Future Land Use ElemeBt - This petition is consistent with the FLUE because the uses are authorized
uses in the urban residentially designated area, and because the density at 5.5 dwelling units per gross
acre is less than the maximum density otherwise made possible by the density rating system, which is
seven (7) dwelling units per acre (i.e. base density of 4 plus 3 for density band).
Traffic Circulation Element - The ITE Trip generation manual indicates that the proposed project (if
developed with single family dwellings) will generate approximately 4,398 AADT after trip
adjustments for seasonal occupancy are made. If the project is developed entirely with multi-family
units, the project will generate approximately 2,737 AADT after trip adjustments. Peak hour
existing/committed road and intersection improvements. Based on this data, the site gelrat
2 MAR 0 9 1999
from the proposed petition exceeds the significance test standard (5 percent of the LOS "C" design
volume) on CR-846 after trip assignments are made and for both scenarios. However, this petition
will not lower the level of service belo~v the LOS "D" standard within the project's radius of
development influence (RDI). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic
Circulation Element (TCE).
The TCE lists CR-846 as a 2 lane arterial road fronting the project. The current traffic count for the
segment fronting the project is 20,661 PSDT and is operating at LOS "D". the Peak Season 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 projected to be deficient by late 1998 or early
1999. This segment of CR-846 is scheduled to commence construction to 4 lanes by 1999.
Therefore, the planned 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
because planned improvements are included in the County's Capital Improvement program and
within the window allowed by the TCE to correct deficient roadway capacity.
In view of the above findings the proposed rezone action is found to be consistent with TCE policies
and objectives.
Conservation and Open Splice -Residential projects are required to achieve sixty (60%) percent of its
land area as qualifying for open space. Open space includes lake areas, buffers and those portions of
residential development that consist of landscaping mateddais. Approximately fifty (50%) percent of
the property is set aside as lake and recreation area. Staff is confidant that as the residential areas are
developed that the additional ten (10%) percent will be achieved, making the project consistent with
the Conservation and Open Space element
Water. Sewer and Storm Water Management - The subject property is served by the County's sewer
system and water system. The project will be designed according to LDC requirements for storm
water management. During the site development plan approval process any approved plan will be
required to be consistent with all relevant provisions of the LDC.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. An
application for waiver of an historical and architectural survey was filed and approved.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concem. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Department staff.
Staff recommendations are included in the Development commitments sections of the PUD. This
petition was administratively reviewed on behalf of the EAB inasmuch as no environrc total ~ '~ E
statement was required, No./li~.,~ ~,~t% _:
3 MAR 0 9 1999
~ F>~3. 7
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and 2.7.3.2.5. of the Land Development Code thru requiring staff
evaluation and comment, and shall be used as the basis for a recommendation of approval or denial
by the Planning Commission to the Board of County Commissioners. Each of the potential impacts
or consideration s identified during the staff review are listed under each of the criteria noted, and are
categofized as either pro or con, whichever the case may be. Staff reviexv of each of the criterion is
followed by a summary conclusion culminating in a determination of compliance, non-compliance, or
compliance with mitigation. These evaluation are completed as separate documents and are attached
to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional staff should typically
include an analysis of the petition's relationship to the community's future use plan, and whether or
not a rezoning action would be consistent with the Collier County Growth Management Plan and all
of its related elements. Other evaluation considerations should include an assessment of adequacy of
transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities) and other
--- infrastructure (i.e. community facilities and services) and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses.
Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Plan.
As previously advised this petition is consistent with the GMP and in particular for land use and
density.
Compatibili~;y - Nevertheless, it behooves us to assess the degree to which the land uses, density and
development standards are compatible with surrounding property and the type of environment that
characterizes this area. In the opinion of staff the impact of the high school and Immokalee Road is
such that it is unreasonable to expect that the subject property be developed with a low density
residential product type, and, in particular, single family detached housing. The high school presents
impacts both in terms of day time activities, and night time activities associated with recreational
activities such as football with its attendant noise. Clearly, these impacts as they relate to the subject
property will have an undesirable effect on an adjacent housing environment. For this reason the
community facility type uses made possible near the Immokalee Road frontage and a higher density
affordable housing project are perhaps more economically feasible.
adjacent and pl~ed projects, neve~heless, staff is of the opinion that the relationship
Pcl. ~7
to the high school and traffic conditions at this juncture of Immokalee Roati far more greatly impacts
the subject property than the other nearby approved projects at lower densities. For example,
Heritage Greens (formerly Dove Pointe) has a density of 2.11 dxvelling units per acre, however,
Heritage Greens is located for the most part along the backside of the high school and most of its
residential development is more than 1000 feet from Immokalee Road. A golf course system further
separates development in Heritage Greens from the subject property. Laurelwood PUD
(undeveloped) is located immediately east of the property at a density of 5.96 dwelling units per acre
which is exactly the same as is requested for the subject property. The proposed Wyndam Park PUD
lying east and south of the subject property is before the BCC requesting a density of 2.5 dwelling
units per acre. Once again, this project is sufficiently removed from the impact of the high schools
and Immokalee Road that it can support a higher quality of development which is consistent with this
density.
In the opinion of staff the density relationship to the adjacent PUD's does not rise to a conclusion of
incompatibility, and in fact staff is of the opinion that the density requested is reasonable given the
environmental influences affecting this property.
Timing - Given the availability of public utilities (i.e. sewer and water) and intensity of surrounding
development (i.e. high school and urban residential development) this land is clearly ripe for
development.
Traffic - As described under GMP consistency this project as proposed is consistent with the TCE.
In addition traffic engineering relationships are addressed in the PUD to the satisfaction of
transportation staff. Consistent with the recommendation of transportation staff this project will
make every effort to interconnect with the Laurelwood project and gain access to Immokalee Road
through Laurelwood. However, the consent of the owner of the Laurelwood PUD is necessary, and
should this not be achievable then access directly to Immokalee Road will have to be approved,
otherwise the land could not be developed. The PUD provides for arterial street lighting and a
commitment to pay for a fair share contribution to any traffic signalization.
Utility Infrastructure (i.e. Sewer, Water, Storm water - Development occurring at this property will
be connected to the County's sewer and water distribution system, evidence which further attests to
the timeliness of development of the property. All development must comply with surface water
management requirements ,nvoked at the time of subdividing or approval of SDP's whichever first
OCCURS.
Community Services Support Facilities - Both fire, police and other emergency services can be
readily provided from the appropriate provider jurisdiction. The North Naples Fire District has a fire
station approximately one mile west of this property. Schools representing grades K to 12 are
immediately available (i.e. within walking distance. This will be complimented by a system of
interconnecting walkways.
Master Plan and PUD Development Standards:
Mater Plan - The master plan iljustrates Land Development Code requirements relative O landscape
buffers and water management facilities via a system of lakes. To the greatest extenl
MAR 0 9 '1999
subject site ~vill gain access through the Laurelwood PUD, thus reducing turning movements along
Immokalee Road making for a safer traffic floxv condition near the school
PUD Regulations/Development Standards - Development standards are similar to those used in other
PUI)'s for each t,vpe of residential structure (i.e. one family thru multiple family).
The maximum height of buildings for residential structures is forty-five (45) feet or three stories
above the mean flood elevation. Residential structures may not be located nearer than fifty (50) feet
from any project boundary inclusive of Immokalee Road. Should a community facility use or
Assisted Living Facility be constructed on a parcel of land contiguous Immokalee Road the minimum
setback from Immokalee Road will be seventy-five (75). The maximum height for any Community
Facility use is sixty (60) feet.
STAFF RECOMMENDATION:
That the Collier County Plmming Commission recommend approval of Petition PUD-98-22 as
described bv the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan).
PREPA~iRE~,DI%
j~ONALD F. l~g~),~A't~P DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
ERE, A/I~PCP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
V N , TRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number PUD-98-22
Staff Report for the February 18, 1999 CCPC meeting.
PUD-98-22 STAFF EPORT/md
FINDINGS FOR PUD
PUD-98-22
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 ;'.he !and, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i) Proximity to elementary, middle and high schools and fire station.
(ii) Intensifying land development patterns produces economics of scale
relative to public utilities, facilities and services, which are currently
available in this area.
(iii) The extent that location choice is enhanced for residential environments
within the urban area reduces the push on urban sprawl.
(iv) The subject property is served by a network of County roads, all of which
are well within the urbanized area providing easy access to a host of
community services and facilities.
(v)Comprehensive multi-disciplined analysis supports the suitability of the
land for the uses proposed.
Con: (i) As with all actions that intensify urban development patterns there is some
loss to the travel time for users of the same arterial road system.
Finding: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions ':ontained 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. MAR 0 9 1999
"" Finding: Documents submitted with the application provide evidence of unified
control. The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
PrO: (i) The development strategy for the subject property is entirely consistent
with the goals, objectives and policies of the Growth Management Plan.
Con: (i) None.
Finding: The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
Additional Finding: The subject property is designated Urban Mixed-Use - Urban
Residential on the FLUE to the GMP. It is also located within a density band. As such it
authorizes zoning actions aimed at allowing the land to be used for urban residential
purposes at the density proposed.
---- This petition has been reviewed by the appropriate staff for compliance with the
applicable elements of the Growth Management Plan, as noted below:
Future Land Use Element - Consistency with FLUE requirements is further described as
follows:
Residential Density - Approval would authorize 575 dwelling units whose density would
be 5.96 dwelling units per acre. This is consistent with the density rating system to the
FLUE which allows up to 7 units per acre in this density band.
Land Use - The urban residential subdistrict allows all residential structure types and
other uses normally found in a residential environment such as recreational accessory
uses.
Traffic Circulation Element - Analysis of the subject petition concluded with a finding
that with development phasing this petition is consistent with the policies of the TCE.
Recreation and Open Space Elemen! - Sixty (60%) percent or more of the land area is to
be developed as open space consisting of a wetland areas, lakes and landscape buffers and
project landscaping.
Other Applicable Element(s) - By virtue of development commitments and master plan
development strategy, staff is of the opinion that the Ibis Cove PUD is entireb~ ~,u~i 's~-~,~ _
with provisions of the Collier County GMP. -Y
MAR 0 9 1999
2
__
Staff review indicates that this petition has been designed to account for the necessary,
relationships dictated by the GMP. Where appropriate, stipulations have been generated
to ensure consistency with the GMP during the permitting process. Therefore, this
petition has been deemed to be consistent with the Growth Management Plan.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro/Con: Evaluation not applicable.
Finding: The PU'D Master Plan has been designed to optimize internal land use
relationships 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 in the form of required landscape buffers and
perimeter boundary setbacks.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Finding: The amount of open space to be set aside by this project is equal to or greater
than the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Finding: Timing or sequence of development in light of concurrency requirements is
not a significant problem. (See Staff Report)
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding: Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal 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. ,o.~~-
3 MAR 0 9 199~
Po. _Z ~ ._
"" 8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con; Evaluation not applicable.
Finding: This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for particular housing structures
and associated area requirements.
PUD FINDINGS PUD-98-22/md
MAR 0 9 1999
REZONE FINDINGS
PETITION PUD-98-22
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan;
Pro: Development Orders deemed consistent xvith all applicable elements of the
GMP should be considered a positive relationship.
Con: None
Summar/Findings: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan.
2. The existing land use pattern;
Existing: The property is undeveloped but traditionally used for agricultural
practices (i.e. row crops). For all practical purposes there is no
vegetation on the property and for that reason a waiver of the
Environmental Impact Statement was approved.
Surrounding: North- To the north lies Immokalee Road (CR-846) and
agriculturally zoned land with ranchette type lots
and residences along Nursery Lane and Rose Blvd.
East To the east the land is currently undeveloped but
zoned PUD as the Laurelwood PUD, while further
east lies the developing Pebblebrooke Lakes project
within the Richfield PUD.
South- To the south the land is undeveloped but there is a
current petition to rezone the land to a PUD for a
project titled Wyndam Park for a mixed residential
development.
West - To the west lies the Gulf Coast High School and the
rni e °
Heritage Greens PUD a development ~r ~
residential purposes.
MAR 0 9 1999
1
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
Summary FindingS: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because it is consistent with expected
land uses by virtue of its location within the "Urban Residential" Sub-district on the
Future Land Use Element and location within the density band.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
Pro; The district boundaries are logically drawn and in pan are predetermined by the
FLUE to the GMP.
Con: None.
Summary_ Findings: adjacent land to the north is eligible for 7 units per acre. If
approved this action would serve to enlarge the residential homes permitted in this area.
5, Whether changed or changing conditions make the passage of the proposed
amendment necessary;
Pro: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of
the GMP) is a positive one.
Con: None.
Summary Findings: Consistent with the Growth Management Plan.
6. Whether the proposed chan~,e will adversely influence living conditions in the
neighborhood;
Pro: (i) Environmental characteristics created by the campus of schools in the area
and traffic conditions from Immokalee Road are more conducive to a
higher density housing product.
(ii) The density approved for the land to the east is comparable to what is
proposed for the subject property.
_.-. (iii) The relationship to Heritage Greens residential area is further separated by
a golf course system. ~~.
MAR 0 9 'i999
Con: (i) None.
Summary Findings: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments. Recommended
mitigation actions should serve to ameliorate impact on an adjacent future residential
area.
7. Whether the proposed change will c.~:eate or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding !and uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety;
PrO: (i) An action to rezone the property as requested is consistent with all
applicable traffic circulation elements.
(ii) The widening of Immokalee Road to four lanes is planned in the current
Capital Improvement Program.
Con: (i) Urban intensification results in greater volumes of traffic on the local,
arterial and collector road system serving the project. Other projects
dependent upon the same street system may perceive this result as one
which will reduce their perceived comfort levels.
Summary. Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final
analysis all projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage prt, olem;
Pro: (i) The Land Development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to
increase flooding potential on adjacent property over and above what
would occur without development.
Con: (i) Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the risk of flooding in
areas when the drainage outfall condition is inadequate.
MAR 0 9 1999
3
Summary Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary. Findings: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Typically urban intensification increases the value of contiguous
underutilized land, a condition which exists on the north and south sides
due to its Agricultural zoning.
Con; (i) None.
Summary Findings: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary FindingS; The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property.
MAR 0 9 1999
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 development complies with the Growth
Management Plan, a public policy statement supporting Zoning actions when they are
consistent with said Comprehensive Plan. In light of this fact the proposed change does
not constitute a grant of special privilege. Consistency xvith 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 FLUE.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The proposed development complies with the Growth Management Plan.
Con: Evaluation not applicable.
Summary Findings: A policy statement which has evaluated the scale, density and
intensity of land uses deemed to be acceptable for this site.
15. Whether is it impossil, ie 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.
0 9 1999
5
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification;
Pro/Con: Evaluation not applicable.
Summar_V Findings: Physical alteration is a product of developing vacant land which
cannot be avoided.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended;
Pro/Con: Evaluation not applicable.
Summary. Findings: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element of the GMP.
REZONE FINDINGS PUD-98-22/md
MAR 0 9 1999
6
APPLICATION FOR PUBLIC HEARING FOR: PUD REZO.1~'E '~- ;: ~
P U D 9 ,q_ o ~, '
Petition No.: ' '~ -~ Date Petition Received: J
........
........
Commission District: Planner Assigned: N ,-' ,,L ,b i/,, ;' """
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s): Clyde C. Quinby, Trustee
Applicant's Mailing Address 3775 Airport Pulling Road North, Suite B
City Naples State Florida Zip 34105
Applicant's Telephone # 941/261-1166 Fax # 941/261-6372
Name of Agent George L. Vamadoe, Esq. Firm Young, van Assenderp & Vamadoe, P.A.
Agent's Mailing Address 801 Laurel Oak Drive, Suite 300
City Naples State Florida Zip 34108
Agent's Telephone # 941/597-2814 Fax # 941/597-1060
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941)643-6968
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/g8
MAR 0 9 1999
2. Disclosure of Interest Information:
1. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
wetl as the percentage of such interest. (Use additional sheets if necessary.)
Name and Address Percentage of Ownership
N/A
2. 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
N/A
3. 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 Ownership
Clyde C. Quinby 331/a%
Frank Holland 331/a%
Big Bear Investments, Inc. 331/a%
P~ ge 2 of 16
MAR 0 9 1999
4. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address Percentage of Ownership
N/A
5. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Pannership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address Percentage of Ownership
1 - J. Beether Wood [38.5 acre] 100%
943 Southfield Road
Shreveport, LA 71106
2- Seminis Veg. Seed, Inc. [37.8 acre] 100%
2901 North Ventura Road, Suite 250
Otnard, CA 93080
3 ~ Harvey Brothers Farm, Inc. [20 acre] 100%
Naples, FL
Date of Contract: 1-12/2/98 ~2-10/24/98; 3-12/07/98
6. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
N/A
7. If, Petitioner has option to buy,
1 - option 12/8/98, terminates 8/2/99, closing date 9/2/99
2 - option 10/24/98, terminates 7/1/99, closing date 8/1/99
3 - option 12/07/98, terminates 9/07/99, closing date 10/07/99
Pag, 3
i MAR 0 9 1999
8. Should any changes of ovmership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf. to submit a
supplemental disclosure of interest form.
3. Detailed legal description of the property_' covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer' s certification or sealed
survey may be required.
Section: 27 Township: 48 South Range: 26 East
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D.#:
Metes & Bounds Description: East V= of west ½ of northwest t/i, less north 100 feet (O.R.
1297, Page 1140); and west ½ of west ½ of northwest ¼, less north 150 feet; and north V:
of northwest ½ of southwest ¼ of Section 27, Township 48 South, Range 26 East, Collier
County, Florida.
4. Size of property_: ft. X ft. = Total Sq. Ft. Acres 96.5+
5. Address/general location of subject property_: Parcel abuts Immokalee Road on the
north, Laurelwood PUD on the east, Heritage Green and Gulf Coast High School on the
west, and the proposed Windham Park on the south.
6. Adiacent zoning and land use:
Zoning Land Use
N PUD Immokalee Road - Nursery
S PUD Residential and Golf Course
E PUD Residential
W CF/PUD High School; Residential and Golf Course
Pa e 4 o~'~~?
MAR 0 9 1999
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page.)
Section: N/A Township: Range:
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D.#:
Metes & Bounds Description:
7. Rezone Request: This application is requesting a rezone from the Ag
zoning district(s) to the PUD zoning district(s).
Present Use of the Property: Ag and associated buildings
Proposed Use (or range of uses) of the Property: Primary development obiective is a
maximum of 575 residential dwelling units, and two community facility sites.
8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staffs analysis and recommendation to the Planning
Commission, and the Planning Commission's recommendation to the Board of 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 Re~one Considerations (LDC Section 2. 7. Z5)
I. 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.
Pag, 5of 16
MAR 0 9 1999
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
5. Whether changed or changing conditions make tile passage of the proposed
amendment (rezone) necessary.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases qf the development, or otherwise afJ~ct public
saJbty.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously re&ce light and air to adjacent
areas.
10. Whether the proposed change will seriously affect property values in the adjacent
area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
14. Whether the change suggested is out of sca!; with the needs of the neighborhood
or the county.
15. Whether it is impossible to ~nd other adequate sites in the county for the
proposed use in districts already permitting such use.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
17. The impact of development on the availability of adequate public facilities and
Pag! 6 oF
MAR 0 9 1999
i
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. ]06, art. II], as amended
18. Such other factors, standards, or criteria that the board of counO: commissioners
shall deem important in the protection of the public health, safety, and welfare.
PUD Re::one Considerations (LDC Section 2. 7.3.2. 5)
1. The suitability of the area for the t)pe and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of wW proposed
agreements, contracL or other instruments, or for amendments in those proposed,
particularly as they may relate to arrangements or provisions to be made for the
continuing operation and maintenance of such areas and facilities that are not to
be provided or maintained at public expense. Findings and recommendations of
this type shall be made only ajqer consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve
the development.
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding area to accommodate
expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
of justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pat 7 o ~1~'~~
MAR 0 9 1999
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 proper~,: To >'our 'knowledge, has a public
heating 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
othersvise 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 (15) copies of a
24" x 36" conceptual site plan [and one reduced 8 'A" x 11" copy of site plan],
drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
~' Environmental Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress
(including pedestrian ingress and egress to the site and the
structure(s) on site),
· 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.
Pale 8 of 16
i MAR 0 9 1999
i po.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and
their boundaries. Such identification shall be consistent with Florida Department
of Transportation Land Use Cover and Forms Classification System.
Additionally, a calculation of the acreage (or square feet) of native vegetation on
site, by area, and a calculation and locations) of the required portion of native
vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (x~ ~h all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological survey or waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
i. 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.
Pa e 9 o~~
MAR 0 9 1999
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required unless waived at the pre-application meeting. The TIS required may be either
a major or minor as determined at the pre-application meeting. Please note the following with
regard to TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size,
although based on the intensity. or unique character of a petition, a major TIS may be required
for petition often acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an
ingress/egress point, or providing turn or decel lanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic
Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4,
5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also ira. lade an analysis
of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
Page . 0 of
MAR 0 9 '1999
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
I. Trip Generation: Provide the total traffic generated by the project for each link within
the project's Radius of Development Influence (RDI) in conformance with the acceptable
traffic engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless
documentation by the petitioner or the County justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the
RDI. Both annual average and peak seasonal traffic should be depicted.
3. Existina Traffic: Provide a map depicting the cur-rent traffic conditions on all links
within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the
RDI.
4. Level of Sen'ice (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
5. Radius of Development Influence 01DI): The TIS shall cover the least of the following
tWO areaS:
a. an area as set forth below; or,
b. the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C" .
Land Use Distance
Residential 5 Miles or as. required by DRI
Other (commercial, industrial, institutional, etc.)
0 - 49, 999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the meaSurement in road miles from the
proposed project rather than a geometric radius.
6. Intersection Analysis: An intersection analysis is required for all intersections within
the RDI where the sum of the peak-hour critical lane volume is projected to exceed
1,200 Vehicles Per Hour (VPH).
7. Background Traffic: The effects of previously approved but undeveloped or ~artially
Page lof 17
developed projects which mav affect major thoroughfares within the RDI of the
proposed project shall be provided. This information shall be depicted on a map or,
alternatively, in a listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting
from potential development shall be provided. Potential development is that which may
be developed maximally under the effective Future Land Use Element (FLUE) and the
Collier County Land Development Code. This estimate shall be for the projected
development areas within the projects RDI. A map or list of such lands with potential
traffic impact calculations shall be provided.
9. Through Traffic: At a minimum, increases in through traffic shall be addressed
through the year 2015. The methodology used to derive the estimates shall be provided.
It may be desirable to include any additional documentation and backup data to support
the estimation as well.
I0. Planned/Proposed Roadway Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Project Phasing: When a project phasing schedule is dependent upon proposed
"' roadway improvements, a phasing schedule may be included as part of the TIS. If the
traffic impacts of a project are mitigated through a phasing schedule, such a phasing
schedule may be made a condition of any approval.
Page 12 ,f lg~°~~
MAR 0 9 1999
:
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1 . NAME OF APPLICANT: C1ycie C. Quinbv RealW' Inc.
2 . MAILING ADDRESS: 3775 Airport Pulling Road N., Suite B
CITY Naples STATE Florida ZIP 34105
3. ADDRESS OF SUBJECT PROPERTY {IF AVAILABLE): Not Available
4. LEGAL DESCRIPTION:
Section: 27 Township: 48S Range: 26E
Lot: N/A Block: N/A Subdivision: N/A
Plat Book N/A Page #: N/A__ Properry I.D.#: See Rezone App.
Metes & Bounds Description: See Submitted Sketch and Description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PACKAGE TREATMENT PLANT (GPD capacity) []
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) []
7. TOTAL POPULATION TO BE SERVED: 817 Capita
6. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 528,436 Gal/Day AVERAGE DAILY 125,818 Gal/Day
B. SEWER-PEAK 528,436Gal/DayAVERAGE DAILY 125,818 Gal/Day
:~ :__- - ~ :,.~ ~ ~: i; ~ ' M/~ O 9 1999
"" 7. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM. PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: As Soon as Possible
8. 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 affluent 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. This item is not applicable.
9. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
The Written Notarized Statement Will Be Provided Prior to Approval
10. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any prorider other than the County, a
statement from that prorider indicating that there is adequate capacity to serve the project
shall be provided.
MAR 0 9 1999
PUD REZONE APPLICATION .~ ~ art '
SUBt~IITTAL CHECKLIST ~') ~ ~ "'
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQUIREMENTS # OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15 X
2. Copy of Deed(s) and list identifying Owner(s) 1 X
3. Completed Owner/Agent Affidavit, Notarized 1 X
4. Pre-application notes/minutes 15 X
5. Conceptual Site Plans 15 X
6. Environmental Impact Statement - (EIS) 4 Waiver
Request
7. Aerial Photograph - (with habitat areas identified) 4 X
8. Completed Utility Provisions Statement (with 4 X
required attachments and sketches)
9. Traffic Impact Statement - (TIS) 4 Provided later
10. Historical &Archaeological Survey or Waiver 4 Waiver
Application Request
11. Copies of State and/or Federal Permits 4 N/A
12. Architectural Rendering of Proposed Structure(s) 4 Provided later
13. Application Fee, Check shall be made payable to X
Collier County Board of Commissioners
14. Other Requirements - Sketch &description of 4 X
property, Water Management Plan
As the authorized agent/applicant for this petition, I attest that all of the information 'ndicated on this checklist is included
in this submittal package. I understand that failure to include all necessary. submittal information may result in the dely of
the pro ' ' ' .
/Cgeni~plicant Signatur'e \ Da~e
Page 15 ?,f 17
MIM~ 0 9 1999
IFe//.Gd--~.SSc~,:- C.-~x~,~ p~d~'~ being~ra't duly sworn. de]~ose and say that we/Z an~a,-e the o~nc','~' of the
/)ropefly described/~erein and which is the ~'ubject matler of the proposed hearing; that all the wL~'n,ers
lo the que.~'lio~y in lhi.v application, including l/~, disclosure c~f fntarest informalion. all ~'ke[chez.
and other sttpplemenlary mailer altached [o and made a part of this ~pplication, arc honest tim/true to
the be~t qf our knowledge and belief. Well unders)and thai the infol'mation rcquc'~'lc, d on Ihi~'
ol2plic'ntton mu~t be complete and accurate and that lhe conlent q' this farm. whet/let
generated or County prinled shall not be altered. Public hearings will not be advertised unul thi.s'
aT2p/ication i.v deemed cotnj~lete. and all required information has been .vubmilted.
tn any matters regarding this Petition.
~yped or Printed Name of Owner
~ze day of _ ,~.~ ·
19~, I~), ~6~ ~o~ who is personall), b?own to
&ate of~ Cd ~ ~ Y ~ ~ ~4 (Si~ature of Nota.y Public -
of_ C4ddo State of ) ._
PM~st4 HELEN HICKMAN
NOTARY PUBLIC IN ~ND'.~OR
CADDO AND 80SSIER PARISHES, LA,
MY CO~u~SSmON IS FOR LiFE
(~rim. T~pc. or
Commissioned Name of Notar),
Public
F:XUSERSXLANA~W~I~uinby~BI$~IBIS IIAR~OR POD APPLIC~TiOH.wOa
Page 16 of 16
MAR 0 9 1999
IBIS COVE
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE IBIS COVE
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
PREPARED BY:
George L. Varnadoe, Esquire
Young, van Assenderp & Varnadoe, P. A.
801 Laurel Oak Drive
Suite 300
Naples, Florida 34108'
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
February 17, 1999 ~
MAF 0 9 1999
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Developer to create a Planned Unit
Development on 96.5± acres located south of Immokalee Road. The name of this PUD shall be Ibis
Cove. Development of Ibis Cove will comply with the goals and objectives set forth in the Collier
County Comprehensive Plan.-
A. The subject property is within the Urban Mixed Use District/Urban Residential
Subdistrict as identified on the Future Land Use Map as set forth in Objective 1, of
the Future Land Use Element (FLUE), and the uses contemplated are consistent
therewith.
B. The proposed density of 530 units is 5.5 units per acre and less than the maximum
density permitted by the FLUE Density Rating System and is therefore consistent
with Future Land Use Element Policy 5.1. The entire subject property qualifies for
a density of 6.27 units per acre. 72.5 acres of the subject property are within the one
mile density band around the Activity Center at the comer of lmmokalee Road and
S.R. 951.
C. The development will be compatible with and complementary to existing and
,__ planned surrounding land uses.
D. The development of Ibis Cove will result in an efficient and economical ~ixtension
of community facilities and services as required in Policies 3.1 .H and L of the Future
Land Use Element.
E. Ibis Cove implements Policy 5.6 of the Future Land Use Element in that
approximately sixty percent (60%) of the project will be open space or recreationally
oriented.
F. The project is compatible with and complementary to existing and proposed land
uses as required in Policy 5.4 of the Future Land Use Element.
MAR 0 9 1999
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Se~ztion is to set forth the location and ownership of the property, and to
describe the existing conditions of the property to be developed under the project name of
Ibis Cove.
1.2 LEGAL DESCRIPTION
Follows this page and is incorporated by reference.
1.3 PROPERTY OWNERSHIP
All of the subject property is under the equitable ownership or control of Clyde C. Quinby,
Trustee, whose address is 3775 Airport Pulling Road North, Suite B, Naples, Florida 34105.
Section I, Page 1
MAR 0 9 999
LEGAL DESCRIPTION
East ~ of west ~ of northweit ¼, less north 100 feet (O.R. 1297, Page 1140); and west ~ of west
~ of northwest ¼, less north 150 feet; and north ~ of northwest ~ of southwest ¼ of Section 27,
Township 48 South, Range 26 East, Collier County, Florida.
Section I, Page 2
! MAR 0 9 1999
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The 96.5± acre project site is within Section 27, Township 48, Range 26. The
rectangularly shaped development parcel abuts Immokalee Road on the north,
Laurelwood, ~Planned Unit Development on the east, Heritage Green PUD and Gulf
Coast High School on the west, and the proposed Wyndham Park PUD on the south.
The primary development objective is a maximum of 530 residential dwelling units,
and two community facility sites. Maximum gross project density is 5.5 units per
acre.
B. The zoning classification of the subject property prior to the date of this approved
PUD document was agriculture.
1.5 PHYSICAL DESCRIPTION
Elevations of the property range from 12.5' to 13.5' above mean sea level. The sit~ does not
contain areas of jurisdictional wetlands. The property has been used for row crop
agricultural uses now or in the immediate past and does not contain any natural vegetation.
Natural drainage is to southwest. Water management plans for the project are to utilize lake
detention areas which will restIll in the post development surface water dischar. ge volume
being equal to or less than the pre-development discharge volume.
1.6 PROJECT DESCRIPTION
The residential component of the project will include a dubhouse and recreational amenities.
Each residential unit will be sewed with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
The community facilities portion of the project will be separated from the residential by ~e
MAR 0 9 1999
p~. 4///
lake system. This portion of the project is designed to accommodate churches or other
community facility projects.
Entrance to the development will be provided.
1.7 SHORT TITLE
This Ordinance shall be known and cited as Ibis Cove Planned Unit Development Ordinance.
ASEND I
Section I, Page 4 MAR 0 9 1999
Pa.
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this ~ection is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of Ibis Cove 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 they
are 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 con2struction
of improvements. Where these regulations fail to provide developmental standards
then the provisions of the most similar district in the County Land Development
Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Ibis Cove shall become part of the regulations which govern the
manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other SectiOn~
8eclz~.on T~E, Pa~e i
0 9 1999
of the Land Development Code where applicable remain in full force and effect with
respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency rdview under the provisions of Division 3.15 Adequate Public Facilities
at the earliest or next to occur of either f'mal 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 residential lots,
streets, lakes, a country club complex, an entry road intersecting with Immokalee
Road, open space, and two parcels for community facilities.
B. In addition to the plan elements shown on the PUD Master Development P-lan, such
easements and fights-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
No more than 530 residential dwelling units shall be constructed in the 96.5+ acre total
project area. If all dwelling units are constructed, gross project density will be 5 units per
acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIRE1VIENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plan.q of all required improvements shall receive apprUval~~~~~ ~
Section II, Page 2
9 1999
~__ Pa. --
appropriate Collier County governmental agency to insure compliance with the PUD
Master Plan, the Collier County Subdivision Code and the platting laws of the State
of Florida.
B. Exhibit "A", t~UD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if
applicable shall be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development of the land shall be in compliance with
Division 3.2 of the Collier County Land Development Code, and the platting laws
of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit;or other
development order.
D. 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 fmal plat for any portion of the tract
or parcel.
E. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
2.6 MODEL HOMES AND SALES FACILITIES
MAR 0 9 1999
Sectlon II, Page 3
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 Ibis Cove 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 home centers including sales center shall be permitted in conjunction
with the promotion oft he development subject to the following:
A. Models may be constructed 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 occupied 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. Prior to recording of any plats, metes and bounds legal descriptions shall be provided
to and accepted by Collier County as sufficient for building permit issuan..ce for said
models. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models conslmcted pursuant hereto shall conform to applicable
minimum square footage, setbacks, and the like as set forth herein. If platting is
required, corrective deeds shall be recorded once the plat is recorded.
E. Temporary access and utility easements may be provided in lieu 0fdedicated rights-
of-way for temporary' service to model homes.
center
F. In addition to use of model homes as sales offices or centers, a sales office~or
I M/ R 0 9 1999
Section II, Page 4
may be maintained on-site for the sales, marketing and administration of recreation
club memberships.
2.7 AMENDMENTS TO PUD DOCUMENTS OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON 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 ldeveloper entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association whose function shall include provisions for the perp.emal 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.
2.9 STREETS
Platted project streets may be private or public, or may be owned by a Homeowners'
Association and shall be classified as local streets.
2.10 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 the
maximum depth of 20 feet. Removal of fill from Ibis Cove shall be limited to an
mount up to 10 percent (to a maximum 20,000 cubic yards) of the tol tl VO~e,~4T/f~)3
excavated unless a commercial excavation permit is received.
M/~[~ 0 9 1999
section II, page 5
B. LDC Section 3.5.7.1: The lake setback requirements of this section shall be revised
as follows. 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 calculation
submitted at time of development plan review. The required setback to any extended
property lines may be twenty-five (25) feet if the property line is fenced. The
required setback to any property line or tract line internal to the Ibis Cove
Development shall be zero feet.
2.11 FILL STORAGE
Fill storage is generally permitted as a principal use throughout Ibis Cove. Fill material
generated may be stockpiled within areas designated for residential development upon the
issuance of a Clearing and Filling Permit. Prior to stockpiling in these locations a'Letter of
Notification along with plans showing ~the locations and cross-sections shall be submitted to
Collier County Engineering Review Services for review and approval. The following
standards shall apply:
A. Stockpile maximtun side slope: 3:1
B. Stockpile maximum height: Thirty-five feet (35')
C. Fill storage areas shall be screened with a security fence at least six feet (6') in height
above ground level, except as may otherwise be approved by Collier County
Engineering Review Services pursuant to a submitted grading, filling, and re-
vegetation plan.
D. Fill storage areas shall be no closer than three hundred feet (300') from
developed residential properties, except as may otherwise be approved iy Collier
MAR 0 9 1999
Section II, Page 6
County Engineering Review Services pursuant to a submitted grading, filling, and
re-vegetation plan..
E. Soil erosion control shall be provided in accordance with the Collier County Land
Development ~ode, Division 3.7.
2.12 ACCESS
The project's principal access will be a directional access onto Immokalee Road; however,
the project will attempt to interconnect to the residential project to the east (Laurelwood
PUD) so as to share a traffic control signal on Immokalee Road.
MAR 0 9 1999
Section II, Page 7
SECTION III
TRACT R
RESIDENTIAL DEVELOPMENT REGULATIONS
3.1 PURPOSE
The purpose of this Section is to set forth development regulations for areas designated as
Tract "R" on the PUD Master Plan, Exhibit "A" . Section IV sets forth the separate specific
development regulations for Community Facilities Uses which may be located in the areas
designated as Tract "R" on the PUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
A maximum of 530 dwelling units may be constructed on this 4-96.5 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. Residential dwellings, including single family, attached and detached, duplex
and two family dwellings, townhouses, coach homes, and multi-family
dwellings, including garden apartments.
2. Assisted Living Facilities, Group Care Facilities (Category I and II), Care
Units, Nursing Homes, and Family Care Facilities (collectively ALF) per
Section 2.6.26 of the Collier County Land Development Code, and limited
to property fronting on Immokalee Road.
3. Community Facilities Uses as more specifically set forth in Section IV.
AGEND IT
4. Any other principal use which is comparable in nature with th~ foregoing
MAR 0 9 1999
Section III, Page 1
P~.
uses and which the Development Services Director determines to be
compatible in the "R" District.
B. Accessory Uses:
1. Accessory uses and structures customary in residential projects.
2. Utility facilities and/or easements (including fights-of-way 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.
5. Model dwellings 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.
7. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District..
3.4 DEVELOPMENT STANDARDS '-
A.Table I sets forth the development standards for land uses within the "R" Residential
District.
B. 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. Condominium/homeowners' association
boundaries shall not be utilized for determining development standards.
M;~R 0 9 1999
Sect:ion III, I~age 2
r3rl
C. OFF-STREET PARKING
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
D.
1. Multi-family: Three stories above the minimum finished floor elevation, not
to exceed 45 feet.
2. Accessory Structure: 20 feet, or 1 story, above the minimum finished floor
elevation, except for attached screen enclosures, which may be the height of
the principal structure.
3. Clubhouse: Two stories above the minimum finished floor elevation, not to
exceed forty-five feet (45').
E. SETBACKS FROM PROJECT BOUNDARIES
1. Principal Structures - 50' from all project boundaries
2. Accessory Structures - 30' from all project boundaries
3.5. CjustER DEVELOPMENT
In the event a housing project (including infrastructure) is designed witha 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.
Sect:ion III, Page 3
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III
PATIO, ZLL, OR
SINGLE SINGLE TWO FAMILY CjustER,
FAMILY FAMILY ATTACHED/ MULTI-FAMILY
DETACHED -'DETACHED OR DUPLEX TOWN HOUSE
CATEGORY I '3 2 '3 3 '3 4 '3
MINIMUM SITE 9000 5000 3500 1 AC
AREA SF/Lot SF/Lot SF/Lot
SITE WIDTH 75' 50' 35' 150'
MIN. AVG.
SITE DEPTH 120' 100' 100' 150'
MIN. AVG.
FRONT YARD 25' 20' 20'* 1 20' P
SETBACK
'~E YARD 7.5' 5'-1 story 0 or a minimum 20' P
· FBACK 7.5'-2 story of 5' - 1 story
7.5' - 2 story
REAR YARD 20' P 15' P 15' P 20' P
SETBACK PRIN-
CIPAL 10' LF 10' LF 10' LF - 0' LF
REAR YARD 10' P 10' P 10' P 10' P
SETBACK ACSRY. 0' LF 0' LF 0' LF 0' LF
MAX. BUILDING
HEIGHT STORIES
ABOVE PARKING 2 2 2 3
DIST. BETWEEN
PRINCIPAL STR. 15' 10' 0' or 5' 15' '2 - 1 story
25' '2 - 2-3 story
FLOOR AREA
?'-tlNIMUM (S.F.) 1200 1000 900 750
MAR 0 9 1999
Section III, Page 4
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width.
SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at ea'eh side of the
site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of the
intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with
the rear parcel line). Site width may be reduced on cul-de-sac lots provided overage equals minimum standards.
P. Perimeter of Internal Sites
LF = Lake Front Sites
* 1 This setback may be reduced to 12' for side entry garage
'2 0' or ~ the sum of the adjacent buildings, whichever is greater.
'3 During the County approval process, tracts shall be designated and approved as a specific ~ategory. The
approved specific category shall not be changed unless the entire tract is consistent with the new category.
Any change from an approved chtegory to another shall be accomplished as per Section 2.7.3.5 of the Collier
County Land Development Code.
MAR 0 9 1999
Section III, Page 5
SECTION IV
TRACT R
COMMUNITY FACILITIES DEVELOPMENT REGULATIONS
4.1 PURPOSE
o
The purpose of this Section is to identify permitted Community Facilities uses and
development standards for areas designated as Tract "R" on the PUD Master Development
Plan, Exhibit "A". There shall be no more than one Community Facilities site developed
within the PUD. Any Community Facilities principal structure must front on Immokalee
Road and no more than 65,000 square feet of Community Facilities building uses may be
constructed within the PUD.
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. Child care centers.
2. Churches and houses of worship.
3. Civic and cultural facilities.
4. Musems.
5. Parks and playgrounds, noncommercial recreation facilities, and open space
uses.
6. Public, private, and parochial schools.
7. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with the other uses in this district. "
MAR 0 9 1999
Sect:ion IV, Page 3.
B. Accessory Uses:
1. Accessory uses and structures customarily located within Community
Facilities zoning designations.
o
2. Utility, water management and rights-of-way/access easements.
3. Water management facilities/lakes.
4.Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested, except as modified herein.
5. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with the other uses in this district.
4.3 DEVELOPMENT STANDARDS
A. Overall site design shall be harmonious in terms of landscaping, enclbsure of
structures, location of access streets and parking areas, and location of buffer areas.
B. Minimum setbacks:
(1) Principal structures: 75 feet from Immokalee Road, and 50 feet from the
project's entry road and all other property boundaries; or one:half of the
building height, whichever is greater.
(2) Accessory structures: 50 feet from all property boundaries.
(3) The setbacks from lakes for all uses may be zero (0') feet, provided
architectural bank treatment is incorporated into the design and subject to
approval from Collier County Development Services Department.
C. Maximum height of structures-
(l) Principal uses - 60 feet
MAR 0 9 1999
Section IV, Page 2
(2) Accessory uses - 45 feet
(3) Subsection 2.6.3.1 of the Collier County Land Development Code titled
"Exclusions from height limits" is hereby incorporated by reference, the same
as if fully set forth herein effective as of date of adoption of PUD.
D. Minimum distance between principal or accessory structures which are part of an
architecturally unified grouping: 10 feet.
E. Minimum structure distance between all other principal structures: 20 feet.
F. Minimum distance between accessory structures: 10 feet.
G. Minimum floor area: 1,500 square feet
H. Minimum lot or parcel area: 5 acres
--~ I. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference. .'
J. A Site Development Plan in compliance with Division 3.3 of the Collier County
Land Development Code shall be required.
K. Off-street parking and loading facilities shall be provided as required by the Collier
County Land Development Code in effect at the time permits are requested.
L. Signs shall be permitted as follows:
(1) Each parcel shall be permitted two ground signs not to exceed eight feet in
height and limited to 100 square feet in area, provided that each sign will be
separated from the other by a distance of not less than 300 feet.
(2) A directional sign designed to facilitate traffic flow shall be permitted at each
-"- entry to the parcel, provided that the sign shall not exceed 15 square feet i~
area and shall satisfy all setback provisions contained within t~e C
Sect:ion Iv, page 3 t M]~[~ 0 9 ]999
County Land Development Code.
(3) All setback requirements and lighting restrictions contained within the Collier
County Land Development Code remain applicable.
4.4 BUFFER DEVELOIiMENT REGULATIONS
A. Buffer Types:
Land use buffers shall be easements, generally located along the proj ect'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 (8' maximum height).
B. Buffer Development Standards:
In addition to the development standards set forth below, the provisions oF Section
6.12 of this document shall also apply.
1. Land use buffers, berms, fences and walls may be constructed along the
perimeter of the Ibis Cove 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.
2. All other project property boundaries shall have land use buffer widths in
compliance with Division 2.4 of the Collier County Land Development Code.
3. Except as provided for above, and in Section 6.11 of this document, buffer
improvements shall be in conformante with Division 2.4 of the Collie
County Land Development Code. i N~?~
Section IV, Page 4 {
4. Types and numbers ofplantings 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.
Section IV, Page 5 MAR 0 9 1999
SECTION V
RECREATION AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards
from the areas designated as Tract "RA", 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 Plan, Exhibit "A", shall be considered
conceptual, and the placement of such facilities considered non-binding.
5.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. A residential club house not to exceed 10,000 square feet.
2. Tennis clubs, health spas, and other recreational clubs.
3. Structures which house social, recreational, project marketing, administrative,
or security facilities.
4. Utility, water management and fights-of-way/access easements.
5. Lakes and water management facilities.
6. Conservation areas/mitigation areas.
7. Land use and/or landscape buffers, which may or may not be easements,
depending on the buffer use.
section v, ~'age
8.Signs as permitted by the Collier County Land Development Code in effect
at the time permits are requested.
9.Open space uses and structures including, but not limited to nature trails,
fitness 'trails and shelters, boardwalks, gazebos, and picnic areas.
10. Pedestrian and bicycle paths and/or boardwalks, or other similar facilities
constructed for purposes of access to, or passage through the commons area.
11. Small docks, piers or other such facilities constructed for purposes of lake
recreation, for residents of the project.
12. Shuffleboard courts, tennis courts, swimming pools, and other facilities
intended for outdoor recreation.
..-_ 13. 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 clubhouse. :~
1. Clubhouse, snack bars,, and other customary accessory uses of recreational
facilities.
2. Small establishments, including tennis equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively serve patrons of the
permitted recreational facilities.
3. Customary accessory uses or structures incidental to recreational areas and,
or facilities, including structures constructed for purposes of ma atenance,
MAR 0 9 7999
Section V, Pa~ile 2
storage, recreation or shelter with appropriate screening and landscaping.
4. One (1) caretaker's residence for the tennis facilities.
5.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas, and location of buffer areas.
B. Setbacks:
Recreational BUilding:
Front Yard: 35 feet from abutting residential parcels, otherwise 0 feet.
Side Yard: 35 feet from abutting residential parcels, otherwise 0 feet.
Rear Yard: 35 feet from abutting residential parcels, otherwise 0 feet
Accessory Structures (all yards): 35 feet, or where adjacent to lake, 0 feet,
measured from the lake control elevation. -'
C. Structures adjacent to one another shall be separated by a minimum of 10 feet.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference.
E. A Site Development Plan in compliance with Division 3.3 of the Collier County
Land Development Code shall be required.
F. Maximum Height:
1. Principal Structures: 45 feet
2. Accessory Structures: 20 feet
G. Off-Street Parking and Loading:
As required by the Collier County Land Development Code in effect at this tim'~
permits are requested. .~G~
Sect:ion V, Page 3 .h/llM~ 0 9 ]999
H. Caretaker's Residence:
One (1) caretaker' s residence shall be permitted for the tennis facilities, subject to the
following:
1. The reiidence shall be constructed as an integral part of the main clubhouse
facility, and shall be entered from within the respective clubhouse facility.
All exits required comply with fire codes shall be permitted.
2. The caretaker's residences shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the tennis courts.
3. Off-street parking shall be as for a single-family residences in accordance
with Division 2.3 of the Collier County Land Development Code in effect at
the time of Site Development plan application. Parking for the caretaker's
residences shall be in addition to any other required parking facilities.
5.4 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.
B. Buffer Development Standards:
In addition to the development standards set forth below, the provisions of
Section V, Page 4 MAR 0 9 7999
6.12 of this document shall also apply.
1. Land use buffers, berms, fences and walls may be constructed along the
perimeter of the PUD boundary prior to Subdivision Platting and Site
Devek;pment Plan submittal. All such areas must be included in a landscape
or buffer easement on Final Plats, or in a separate recorded instrument.
2. All other project property boundaries shall have land use buffer widths in
compliance with Division 2.4 of the Collier County Land Development Code.
3. Except as provided for above, and in Section 6.12 of this document, buffer
improvements shall be in conformance with Division 2.4 of the Collier
County Land Development Code.
4. Types and numbers ofplantings for project perimeter land use buffers shall
be submitted with Construction Plans and Plat application(s). Plhns shall
depict how the perimeter land use buffers will be irrigated.
j MAR 0 9 1999
Section V, Page 5
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this SeCtion is to set forth the development commitments for the development
of the project.
6.2 PUD MASTER PLAN
The PUD Master Plan iS conceptual in nature and the number, shape, and configuration of
lakes may be increased or decreased with the appropriate revised water management plan.
6.3 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the
Collier County Land Developmen*~ Code.
B. This PUD is subject to the Sunsetting provision as provided in Section 2.7.3.4 of the
Collier County Land Development Code.
6.4 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION
PRACTICE/REGULATIONS
The Site Development Plan Division of the Collier County Land Development_Code shall
apply to the Ibis Cove, except for an exemptions set forth herein or otherwise granted
pursuant to Collier County Land Development Code Section 3.3.4
6.5 SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS
The following Subdivision Regulations from the Land Development Code CLDC")
requirements shall be waived or the following substitutions made:
---- A. LDC Section 3.2.8.3.17 and Section 3.2.8.4.14: Sidewalks shall be eo
shown on the road cross sections attached as Exhibit "B". Stop b shall be
MAR 0
Section VT, Page
required.
B. LDC Sections 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.
C. LDC Section 3.2.8.4.16.5: Street fight-of-way widths shall be as depicted in Exhibit
D. LDC Section 3.2.8.4.16.6: The required right-of-way radii at cul-de-sacs shall be 55 '.
E. LDC Section 3.2.8.4.16.6: The 1,000 foot length cul-de-sac street maximum may be
extended upon review and approval of the Fire District.
F. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum
tangent of 75 feet at intersections shall be waived. :
G. LDC Section 3.2.8.4.16.10: The requirement for tangents between street curves shall
be waived.
H. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic surface course shall be
waived to also allow the use of a surface course of paver bricks or. decorative
concrete pavement.
I. LDC Section 3.2.8.4.16.12.e: The requirements that grass shall be required for all
non-paved areas of the right-of-way shall be waived to also allow the installation of
decorative planters and altemative ground cover.
J. LDC Section 3.2.8.4.22.9.c: The requirement that drainage in lots be spaced in
accordance with FDOT criteria may be varied upon submittal of the necessary dath
to support the variance at time of development plan submittal.
MAR 0 9 1999
Section VI, Page 2
6.6 TRANSPORTATION
A. PURPOSE
The purpose of this Section is to set forth the traffic improvement requirements
which the prSjeet developer must undertake as an integral part of the project
development.
B. IMPROVEMENT REQUIREMENTS
1. The developer shall provide right rum lanes on Immokalee Road before any
certificates of occupancy are issued.
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. The developer shall make a fair share contribution toward the capital cost of
a traffic signal on Immokalee Road at the entrance to the Ibis C6ve PUD
when deemed warranted by the County, if this project is permitted to share
access to that intersection. The signal shall be owned, operated and
maintained by Collier County.
4. All traffic control devices used, excluding street signs, shall conform with
the Manual On Uniform Control Devices (Chapter 316.0747, Florida
Statutes).
5. Gatehouse facilities, if any, shall be designed and located so as not to cause
vehicles to be backed up onto any public roadway.
6. The improvements listed in 6.6(B)1-5 are considered "site related" and shall
.---- not be applied as credits toward any impact fees required by that ~rdinance.
N th
7. The developer shall make efforts to provide an interconnectk n with e ' '
N1/XR 0 9 1999
Sect:ion VI, Page 3
adjacent Laurelwood PUD, as depicted on the PUD Master Plan attached as
f
Exhibit "A".
6.7 WATER MANAGEMENT
A. PURPOSE
The purpose of this Section is to set forth the requirements for the Water
Management System.
B. THE WATER MANAGEMENT PLAN CONCEPT
Twenty (20) acres of the 96.54- acre project is planned as a stormwater catchment
basin. Twenty (20) acres of lakes are included in this area. Stormwater originating
on lands to the east of the project will flow through the project by using culverts,
swales, and preserved areas on the site in a manner intended to duplicate pre-
development conditions.
Flood protection will be provided to the project by raising buildings, roads, and other
improvements in conformante with South Florida Water Management District
criteria. The South Florida Water Management District criteria for building pad
elevation is the 100-yr./zero-discharge storm elevation and the minimum road
elevation is based on a 25 year storm event. Off-site flows from the properties to the
east shall be conveyed through the project, or around the project in accordance with
the Harvey Basin Stormwater Plan.
C. REQUIREMENTS
Prior to water management construction permit issuance, the Collier County
Development Services Department and the Collier County Stormwater Mm
Department will review the Master Water Management Plan in greater emil and
MAR 0 9
Sect:ion VI, Pa~ite 4
must review and approve the detailed water management construction plans for each
phase of construction.
6.8 UTILITIES
A. PURPOSE
The purpose of this Section is to set forth the utilities requirements.
B. REQUIREMENTS
1. 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.
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 Rule 10D-6 of the
Florida Administrative Code, and may use potable or irrigation wells.
4. 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. Said system shall be consistent with the
main size and the 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. The County recognizes there are environmental constrain s that~~ ~
MAR 0 9 1999
Section VI, Page 5
P~. _ ~r_/,
prevent said looping.
5. Within the project, landscaping (including palm trees, shrubs and ground
cover), sidewalks/paths will be allowed within an utility easement, including
o
placen~ent within three feet (3') of a utility line. Canopy trees may be located
seven feet (7') from the utility line, said seven feet (7') being measured from
the trunk of the tree to the center of the utility line. Reconstruction of the
sidewalUpaths, or modification/reinstallation of plant materials due to the
necessary maintenance of utility lines will be the responsibility of the
developer, its successors, or assigns.
6.9 ENVIRONMENTAL
A. PURPOSE
The purpose of this Section is to set forth the environmental requirements for the
project.
B. DEVELOPER REQUIREMENTS
1. The subject property has been previously cleared for agricultural purposes,
and is in a highly disturbed state. An exemption to the Environmental Impact
Statement has been granted.
2. Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be submitted
to the Development Services Director for his review and approval. This plan
will depict the incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the reestablishment 6f
native vegetation and habitat characteristics lost on the s te during
MAR 0 9 1999'
Section VI, Page 6
construction or due to past activities.
3. All exotic plants, as defined in the Collier County Land Development Code,
shall be removed from development areas, open space areas and preserve
areas during each phase of construction. Following site development, a
continuing maintenance program shall be implemented to prevent re-invasion
of the site by such exotic species. The maintenance plan, which describes
control ~echniques and inspection intervals shall be submitted to and
approved by the Development Services Director.
4. If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
~ discovered, all development at that location shall be immediately stopped and
the Development Services Director notified. Development will be stispended
for a sufficient length of time to enable the Development Services Director
or a designated consultant to assess the find and determine the proper course
of action in regard to its salvageability. The Development Services Director
will respond to any such notification in a timely and efficient manner so as
to provide only a minimal interruption to construction activities.
5. In the event that any portion of the project planned for development is
determined to have a reasonable likelihood of containing archaeological
artifacts, an archaeological survey of the areas must be conducted by
qualified personnel subject to the approval of the Development Services
..-- Director. Results of the survey must be submitted to the Developmerit
Services Director for review and, if warranted, additional attic as tal~''~'
MAR 0 9 1999
Section VI, Page 7
outlined in Paragraph 4 above.
6. If, during the course of clearing or construction activities, plant or animal
species identified in the Florida Game and Fresh Water Fish Commission,
July 1~87 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 designs shall be adjusted and/or individuals
and/or populations of protected plants and/or animals relocated to preserve
areas, or other appropriate areas approved by Development Services
Director, to insure the survival of the species. Retention/relocation efforts
will include all species identified in the survey.
7. For all of the stipulations above, mutual agreements must be reached between
the Development Services Director and the Developer of Ibis Cove. If
mutual agreements cannot be reached, the matter will be brought before the
EAB or its successors, act as an arbitrator in the dispute. If arbitration is
futile, the matters will be brought before the Board of County Commissioners
(BCC), the BCC to act as the final arbitrator.
6.10 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval with the following exceptions:
A. Project Identification Signs - Two ground, wall, or gate project identification signi
may be located at each entrance to the development and two additioaal p~~
MAR 0 9 1999
Section VI, Page 8
identification signs may be located on Immokalee Road, all subject to the following
requi~emer~s:
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
mounting surfaces or structures. Where signage is affixed or is 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 remain subject to height restrictions.
3. No project identification signs shall exceed the height often feet (10') above
'~ the finished ground level of the sign site;
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.
B. Project Promotion Signs - Two ground or wall signs may be located at the project's
frontage on Immokalee Road for the purpose of promoting the development Or any
major use in the development, subject to the following requirements:-
1. /xaxy promotional signs shall not exceed one-hundred (100) square feet,
excluding mounting surfaces or structures.
2. No promotional sign shall exceed a height often feet (10') above the average
furlshed ground level of the site.
3. Promotional signs may be lighted, provided all lights are shielded in a manner
which prevents direct glare on adjacent roadways, or into adjaeent l ;side~;~
M/~R 0 9 1999
sect:5.on vI, page 9
___pg -.
6.11 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.
;
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout the Ibis Cove PUD, except in Preserve Areas. The following standards shall
apply:
A. Berms shall have the following maximum side slopes:
1. Grassed berms 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 Landscape 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 a 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 a slope is two feet in height or
less or if the open channel is two feet in height or less. :
C. Fence or wall maximum height:
Section VI, Page 10 MAR 0;y1999
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 Collier County
Land Develol~ment Code 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 Land Development Code.
E. Within the project, landscaping (including palm trees, shrubs and ground cover) and
sidewalks/paths shall be allowed within the utility easement. Shrubs, ground cover
and paths shall be allowed within the utility easement. Palms may be allowed within
.~ three (3) feet of a utility line. Canopy trees may be located seven (7) feet from the
utility line, said seven (7) feet being measured from the trunk of the tree to the center
of the utility line. Reconstruction of sidewalk/paths, or modification/reinstallation
of plant material 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 Collier County Land Development Code, accommodation
shall be made for the future use of building space within the common areas for the purposes
of accommodating the function of an electoral polling place. :
An agreement between the Supervisor of Elections and the Developer will be reeor~ '-d in iG~~'~2~L3
Sect:ion vI, Padre
Official Records of the Clerk of the Circuit Court of Collier Cotrely, and is binding upon any
and all successors in interest that acquire ownership of such common areas including
homeowners' associations or tenants' associations. This Agreement will provide for said
community recreation/public building/public room or similar common facility to be used for
a polling place if determined to be necessary by the Supervisor of Elections.
F:\USERSXLANA\WpgkluinbyUBIS~IBIS HARBOR PUD FIlqAL.wpd
February 17, 1999
MAR 0 9 1999
Section VI, Page 12
ORDINANCE NO. 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 NUMBERS 8627N
AND 8627S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED .UNIT DEVELOPMENT KNOWN AS "IBIS
COVE" FOR A MIXED USE RESIDENTIAL PROJECT
INCLUDING . ASSISTED LIVING HOUSING, AND
COMMUNITY FACILITIES SUCH AS CHURCHES,
SCHOOLS, CIVIC AND CULTURAL FACILITIES, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD (C.R. 846), WEST OF GULF COAST
HIGH SCHOOL IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 96.5+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mr. George L. Varnadoe, Esq. of Young van Assenderp &
Varnadoe, P.A. representing Clyde C. Quinby, Trustee, 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
27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A'
Rural Agricultural to "PUD" Planned Unit Development in accordance with the Ibis
Cove PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Maps numbered 8627N and 86275, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
MAR 0 9 1999
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
DWIGHT E. BROCK, Clerk
Approved as to Form
and Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
PUD-98-22 ORDINANCE/
-2- MAR 0 9 1999
EXECUTIVE SUMMARY
AN ORDINANCE PROVIDING FOR THE
ESTABLISHMENT OF MORE STRINGENT LOCAL
ETHICS STANDARDS AND FOR ENFORCEMENT
THEREOF; PROVIDING FOR TITLE AND CITATION;
PROVIDING FOR FINDINGS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR REPORTING AND
PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS
FILING FULL OR LIMITED PUBLIC DISCLOSURE OF
FINANCIAL INTERESTS AND BY PROCUREMENT
EMPLOYEES; PROVIDING FOR LOBBYIST
REGISTRATION; PROVIDING FOR POST-
EMPLOYMENT RESTRICTIONS; PROVIDING FOR
SUPPLEMENTAL PROVISIONS; PROVIDING FOR
PENALTIES; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
OBJECTIVE: For the Board of County Commissioners to consider approval of the
Collier County Ethics Ordinance.
CONSIDERATIONS: On December 15, 1998, the Board heard a report from the County
Attorney regarding the status of the proposed Ethics Ordinance. The Board discussed the report
and directed the Office of the County Attorney to prepare and advertise a local Ethics Ordinance
containing the following items:
1) More stringent standards regarding gifts by lobbyists to reporting individuals
(including the Board members). Specifically, gifts in excess of $50.00, instead of
in excess of $100.00 as provided by statute, are prohibited.
2) A lobbyist registration requirement.
3) Post-employment restrictions for designated County Managerial Employees. A
copy of the proposed Ordinance is attached for your information and review.
At the December 15, 1998 meeting, the Board also expressed interest in, and directed the
County Attorney to research, possible additional legislation regarding "alter ego" voting conflicts
of interest. The Office of the County Attorney is in the process of researc ~in? that subject and
AGENDA I
. c
rT.p~
MAR 0 9 1999
will discuss the matter with the Board at the time that this agenda item is presented for
consideration.
In accordance with prior Board direction, the Ordinance contains, at Section Eight, a
penalty section which will result in violations of the Ordinance being prosecuted in the same
manner as misdemeanors, i.e., pm~shment for those convicted by a fine not to exceed $500.00 or
by imprisonment not to exceed sixty (60) days, or both.
FISCAL IMPACT: Registered lobbyists will pay $25.00 into a Special Fund administered
by the Clerk to run the Registration Program.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consider approval of
the attached Collier County Ethics Ordinance.
PREPARED B ''C~ir~cfi~'ate: Chief Assistant County Attorney
APPROVED BY: ~ ~t ~ ~ Date:
David C. Weigel
County Attorney
h:GB\ExSum-EthicsOrd
1999
I ORDINANCE NO. 99-
2
3 AN ORDINANCE PROVIDING FOR THE
4 ESTABLISHMENT OF MORE STRINGENT LOCAL
5 ETHICS STANDARDS AND FOR ENFORCEMENT
6 THEREOF; PROVIDING FOR TITLE AND CITATION;
7 PROVIDING FOR FINDINGS; PROVIDING FOR
8 DEFINITIONS; PROVIDING FOR REPORTING AND
9 PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS
10 FILING FULL OR LIMITED PUBLIC DISCLOSURE OF
11 FINANCIAL INTERESTS AND BY PROCUREMENT
12 EMPLOYEES; PROVIDING FOR LOBBYIST
13 REGISTRATION; PROVIDING FOR POST-
14 EMPLOYMENT RESTRICTIONS; PROVIDING FOR
15 SUPPLEMENTAL PROVISIONS; PROVIDING FOR
16 PENALTIES; PROVIDING FOR INCLUSION 1N THE
17 CODE OF LAWS AND ORDINANCES; PROVIDING FOR
18 CONFLICT AND SEVERABILITY; AND PROVIDING FOR
19 AN EFFECTIVE DATE.
20
21
22 WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and
23 provides standards of conduct for public officers and employees; and
24 WHEREAS, Section 125.01(1), Florida Statutes, authorizes the governing body of a
25 county to adopt ordinances and resolutions necessary for the exercise of its powers and to
26 prescribe tines and penalties !'?r the violation of ordinances in accordance with the law; and
27 WHEREAS, the Collier County Board of County Commissioners ("Board") appointed an
28 Ad Hoc Ethics Standards Review Committee ("Committee") on June 16, 1998 by Resolution No.
29 98-186; and
30 WHEREAS, said Committee met, discussed and presented a report to the Board on
31 September 15, 1998, recommending that the Board adopt a local ethics code; and
32 WHEREAS, the Board desires to adopt a local ethics law that will complement the State
33 standards set forth in Chapter 112, Florida Statutes, as well as create more efficient local
34 enforcement and provide additional requirements that will serve to promote and protect the
35 public's trust in their local government.
36 WHEREAS, the Board intends that the standards set forth in this ordinance shall bc more
37 stringent and in addition to those established in Chapter 112, Part III, Florida Statutes, as
38 authorized by Section 112.326, F.S.
39 NOW, THEREFORE, BE 1T ORDA1NED BY THE BOARD OF COUNTY
.' 40 COMMISSIONERS OF C:.')LLIER COUNTY, FLORIDA that: --
I SECTION ONE: TITLE AND CITATION.
2 This Ordinance shall be known and cited as the "Collier County Ethics Ordinance."
3 SECTION TWO: FINDINGS.
4 1. Tim report submitted to the Collier County Board of County Commissioners
5 ("Board') by the Ad Hoc Ethics Standards Review Committee ("Committee")
6 recommends the adoption of a local ethics code.
7 2. The Board finds that the legislative intent and declaration of policies set forth in
8 Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose,
9 scope and application of ethics laws in relation to county officers and employees.
10 Moreover, the Board also finds, based on the Committee's report, that additional, more
11 stringent requirements are needed with regard to lobbyists, gifts, and post-county
12 employment restrictions in order to promote and protect the public trust in its local
13 government.
14 3. Section 112.326, Florida Statutes, authorizes the Board to impose more stringent
15 standards of conduct and disclosure requirements, beyond those specified in Chapter 112,
16 Part IIl, Florida Statutes, upon its own officers and employees provided that said
17 standards of conduct and disclosure requirements do not otherwise conflict with Chapter
18 112, Part II1, Florida Statutes.
19 4. Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of
20 county ordinances shall be prosecuted in the same manner as misdemeanors are
21 prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by
22 imprisonment in the county jail not to exceed sixty (60) days or by both such fine and
23 imprisonment. The Board further finds that an efficient and effective method for the
24 determination of allegations of violations of the additional more stringent ethical
25 standards set forth in this Ordinance is through local enforcement thereof.
26 5. Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance
27 establishing post-employment restrictions for certain designated county employees. The
28 Board further finds that said restrictions should apply only to those certain designated
29 County employees who began their employment with County government subsequent to
I 6. The Board finds that preservation of the integrity of the governmental decision-
2 making process is essential to the continued functioning of an open government.
3 Therefore, in order to preserve and maintain the integrity of the process and to better
4 inform the citizens of efforts to influence legislative branch action, the Board finds it
5 appropriate to require public registration and disclosure of the identity of certain persons
6 who attempt to influence actions of the Board.
7 7. Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish a local
8 registration process for lobbyists. The Board finds that such a registration process serves
9 to promote and protect governmental integrity as well as to foster open government. The
10 Board further finds that such a public registration process for lobbyists may assist to
11 promote full compliance by lobbyists with the lobbyist gift reporting requirements set
12 forth in Section 112.3148, Florida Statutes.
13 8. The Board finds that more stringent requirements are needed with regard to the
14 value of gifts which may be provided by lobbyists to public officers and employees
15 beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the
16 Board finds that a limit of $50.00, rather than $100.00 as set forth by Section 112.3148,
17 Florida Statutes, should be enacted in order to better promote and preserve the integrity of
18 the governmental decision-making process.
19 9. Collier County Office of the County Administrator, Administrative Procedure,
20 Instruction 5311 (Code of Ethics/Standards of Conduct), restricts Collier County
21 employees from receiving gifts or other items of value in connection with the
22 performance of official duties. Said restrictions exist separate and independent from the
23 provisions of this Ordinance and Part III, Ch. 112, Florida Statutes.
24 10. Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free
25 exercise of any citizen's constitutional rights, including, but not limited to, the fight to
26 petition his or her County government or exemises his or her rights of free speech.
27 SECTION THREE: DEFINITIONS.
28 I. For the purposes of this Ordinance, the definitions contained in Chapter 112, Part
29 1II, Florida Statutes, shall apply and control unless the text and/or context of this
30 Ordinance providzs otherwise.
_ ,_
MAR 0 1999
~- 1 2. "County Managerial Employee" shall mean the County Administrator,
2 Assistant County Administrator, County Anomey, Chief Assistant County Attorney and
3 all Division Adminis~{rators and Authority Directors of Collier County Government.
4 3. "Lobbying" shall mean influencing or attempting to influence legislative action
5 or non-action through oral or written communication or an attempt to obtain the good will
O of a member or employee of tile Board or of a Collier County advisory board or a quasi
7 judicial board.
8 4. "Lobbyist" shall mean:
9 a. Any natural person who, for compensation, seeks, or sought during the
l0 preceding twelve months, to influence the governmental decision-making of a
11 reporting individual or procurement employee or his or her agency or seeks, or
12 sought during the preceding twelve months, to encourage the passage, defeat, or
13 modification of any proposal or recommendation by the reporting individual or
14 procurement employee or his or her agency.
15 b. A person who is employed and receives payment, or who contracts for
16 economic consideration, for the purpose of lobbying, or a person who is
17 principally employed for govemmental :~ffairs by another person or govemmentai
18 entity to lobby on behalf of that other person or governmental entity.
19 c. A person who registers with the Board as a lobbyist pursuant to Section
20 Five of this Ordinance.
21 5. "Principal" shall mean the person, firm, corporation, or other entity which has
22 employed or retained a lobbyist.
23 SECTION F( ! UR: REPORTING AND PROBIBITED RECEIPT OF GIFFS BY
24 INDIVIDUALS, FILING FULL OR LIMITED PUBLIC DISCLOSURE OF
25 FINANCIAL INTERESTS AND BY PROCUREMENT EMPLOYEES.
26
27 The following provisions regarding gifts from lobbyists are enacted as additional and
28 more stringent standards of conduct and disclosure requirements than those specified in
29 Section 112.3148, Florida Statutes:
30 1. A reporting individual or procurement employee or any other person on his or her
--" 31 behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a
32 political committee or a committee of continuous existence, as defined in Section
MAR O 9 1999
1 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or
2 procurement employee's agency, or directly or indirectly on behalf of the partner, firm,
3 employer, or principal of a lobbyist, if he or she knows or reasonably believes that the
4 gift has a value in excess of $50.00; however, such a gift may be accepted by such person
5 on behalf of a governmental entity or a charitable organization. If the gift is accepted on
6 behalf of a governmental entity or charitable organization, the person receiving the gift
7 shall not maintain custody of the gift for any period of time beyond that reasonably
8 necessary to arrange for the transfer of custody and ownership of the gift.
9 2. A political committee or a committee of continuous existence, as defined in
10 Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's or
11 procurement employee's agency; the panner, firm, employer or principal of a lobbyist;
12 or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist
13 is prohibited from giving, either directly or indirectly, a girl that has a value in excess of
14 $50.00 to the reporting individual or procurement employee or any other person on his or
15 her behalf; however, such person may give a gift having a value in excess of $50.00 to a
16 reporting individual or procurement employee if the gift is intended to be transferred to a
17 governmental entity or a charitable organization.
18 SECTION FIVE: LOBBYIST REGISTRATION.
19 1. All lobbyists shall, before engaging in any lobbying activities, register with the
20 Clerk to the Board located at the Board Minutes and Records Department. EVery lobbyist
21 required to so register shall: register on forms prepared by the Clerk; pay an annual
22 registration fee of $25.00; and state under oath his or her name, business name and
23 address, and the name and business address of each person or entity which has employed
24 said registrant to lobby, as of the date of said registration. The registration shall be an
25 annual registration and shall not require additional registration or amendment to the
26 registration form by the lobbyist even if the lobbyist subsequently engages in lobbying
27 for addilional persons or entities. The purpose of the registration is merely to identify
28 the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act
29 as a lobbyist, the registrant may file a request, on a form provided by the Clerk, to not be
30 listed as a lobb, ,:~t. However, pursuant to Section 112.3148, Florida Statutes1 said
AGENDA ITEM
5- nO._ i,_
MAR O 9 1999
I registrant shall continue to appear on the list of lobbyists until the expiration of the time
2 period set forth in said statute. In the event that the registrant neither withdraws nor re-
3 registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of
4 twelve (12) months from the expiration of the annual registration. The registration fee of
5 $25.00 is non-refundable.
6 2. Annual registration shall be required and shall initially commence on April 1,
7 1999. Thereafter, annual registration shall occur on or after October 1, of each year.
8 Registration by lobbyists shall occur at any time during the calendar year provided that it
9 occurs prior to the lobbyist engaging in any lobbying activity.
10 3. The registration fee required by this section shall be maintained by the Clerk to
t I the Board and shall be deposited into a separate fund to be expended for the purpose of
12 administering and maintaining the lobbyist registration list as well as to cover other
13 related costs. Lobbyists shall not be charged a fee for filing the form for removal from
14 the lobbyist list.
15 4. The following persons shall not be required to register as lobbyists:
16 a. Any public officer, employee or appointee who only appears in his or her
t 7 official capacity.
18 b. Law enforcement personnel conducting an investigation.
19 c. Any person who only appears in his or her individual capacity for the
20 purpose of self-representation without compensation or reimbursement, whether
21 direct, indirect or contingent, to express support of or opposition to any item.
22 d. Any person who only appears as a representative of a neighborhood
23 association without special compensation or reimbursement for their appearance,
24 whether direct, indirect or contingent, to express support of or opposition to any
25 item.
26 5. The Clerk to the Board shall keep accurate and complete records regarding
27 lobbyist registration including an up to date list of all lobbyist registrations, lobbyist
28 withdrawals from the list and a "lobbyist status unknown" list.
- 6- 19
MAR O 9 99
p=. S
I 6. A registration form that is not renewed (along with payment of the $25.00 annual
2 registration fee) by October I of each year, shall expire and may not thereafter be relied
3 upon by the lobbyist for lobbying activities.
4 7. The validity of any action or determination of the Board or of any county
5 persormel, board or committee, shall not be affected by the failure of any lobbyist to
6 comply with the provisions of this section.
7 SECTION SIX: POST-EMPLOYMENT RESTRICTIONS.
8 I. No County Managerial Employee shall personally represent another person or
9 entity for compensation before the government body or agency of which the individual
10 was an officer or employee for a period of two years following vacation of office,
11 resignation of employment, or termination of employment, as applicable, except for the
12 purposes of collective bargaining.
13 2. These post-employment restrictions shall apply only to those County Managerial
14 Employees who began employment with Collier County Govemment on or after March
15 9, 1999.
16 SECTION SEVEN: SUPPLEMENTAL PROVISIONS.
17 This Ordinance sets forth more stringent supplemental standards of conduct in addition to
18 the requirements of Chapter 112, Part II1, Florida Statutes, entitled "Code of Ethics for
19 Public Officers and Employees." This Ordinance shall not be construed to authorize or
20 permit any conduct or activity that is in violation of Chapter 112, Part III, Florida
21 Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter
22 112, Part lit, Florida Statutes, the more restrictive/stringent provisions shall apply.
23 it shall be the duty of each commissioner and of all County Managerial Employees and
24 reporting individuals to become familiar with the Collier County Ethics Ordinance. To
25 this end, the Human Resources Director shall annually distribute to each such person a
26 current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment
27 and Code of Ethics for Public Employees" and a copy of this Ordinance. The specific
28 duties set forth above regarding familiarity with the ethics rules and distribution of
29 informative materials shall not be subject to the penalties set forth in Section Eight of this
30 Ordinance.
0 9 1999
I SECTION EIGHT: PENALTIES,
2 Pursuant to Section 125.69, Florida Statutes, a person who violates any provision of this
3 Ordinance shall be subject to prosecution in the name of the State in the same manner as
4 misdemeanors arc prosecuted; and, upon conviction, such person shall be punished by a
5 fine not to exceed $500.00 or by~timprisonment in the Collier County Jail not to exceed
6 (60) days or by both such fine ana imprisonment.
7 SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
8 Tile provisions of this Ordinance shall become and be made a part of the Code of Laws
9 and Ordinances of Collier County, Florida. The sections of the Ordinance may be
10 tenumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
11 to "section," "article," or any other appropriate word.
12 SECTION TEN: CONFLICT AND SEVERABILITY.
13 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
14 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance
~ 15 is held invalid or unconstitutional by any court of competent jurisdiction, such portion
16 shall be deemed a separate, distinct and independent provision and such holding shall not
17 affect the validitZy of the remaining portion.
18 SECTION ELEVEN: EFFECTIVE DATE.
19 This Ordinance shall become effective upon filing with the Department of State.
20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
21 County, Florida, this day of ., 1999.
22
23 ATTEST: BOARD OF COUNTY COMMISSIONERS
24 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
25
26
27
28 BY: BY:
29 PAMELA S. MAC'K/E, Chairwoman
30
31
32
33 Approved as to form and
34 legal sufficiency:
""" 3~e~~~~~..~
8- 0 9 1999
Pg. I0
EXECUTIVE SUMMARY
PETITION CCSL-99-1, JIM WARD, OF PELICAN BAY SERVICES DIVISION, REQUESTING
A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW 1)
DREDGING OF CLAM PASS AND THE CLAM BAY SYSTEM, 2) PLACEMENT OF BEACH
COMPATIBLE MATERIAL ALONG THE BEACHES NORTH AND SOUTH OF CLAM PASS
AND 3) PLACEMENT OF NON-COMPATIBLE MATERIAL IN CREATED CONTAINMENT
BASINS IN THE BACK DUNE AREA NORTH OF CLAM PASS (IN THE COLLIER COUNTY
OWNED CONSERVATION AREA), LOCATED WITHIN THE PELICAN BAY PLANNED UNIT
DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTIONS 4,5,8,9,32 &
33, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL.
OBJECTIVE:
The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately
eighty (80) feet at disposal site 2, one hundred ten (110) feet at disposal site 3 and an
additional fifty to one hundred feet seaward of that, for the dredging of Clam Pass and
placement of fill on the beaches north and south of Clam Pass (See Exhibits B, C and D).
CONSIDERATIONS:
The subject property is located within the Pelican Bay PUD conservation easement owned by
Collier County and on the adjacent public beaches.
The petitioner proposes to mitigate for the removal of 2.7 acres of established native dune/
strand vegetation from the areas where the non beach compatible material will be buried (site
#2 and site #3), by restoring the area to it's pre-impacted condition or better.
The petitioner will minimize impacts to the Gopher tortoise population which exists within
disposal sites 2 and 3 by obtaining necessary Gopher tortoise incidental take and relocation
permits from Florida Game and Fresh Water Fish Commission. In addition to that, the
petitioner shall provide a relocation/management plan to Collier County Current Planning
Environmental Staff for review and approval prior to any proposed impacts to these sites.
Exotic vegetation shall be removed from the boundary of the conservation area in accordance
with the Collier County Land Development Code Section 3.9.6.6. This has been an on-going
requirement of this PUD and should be a matter of annual maintenance at this point in time.
The petition is consistent with the Collier County Land Development Code and Growth
Management Plan - Conservation and Coastal Management Element.
In consideration of the above, Staff finds the proposed activity to be consistent with the
variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amen,_~ed.
MAR 0 9 1999
1
~g. / .~
FISCAL IMPACT:
The fiscal impact for Bid #98-2901 is $495,770.00. Of this amount $118,025.00 is budgeted
through TDC funds (195), under the Clam Pass Inlet Management Project (Project #80222).
The remaining amount of $377,745.00 is being funded on a 50/50 basis between the Pelican
Bay Services Department and WCI. Pelican Bay Services Department funds are budgeted in
the Clam Bay Restoration Fund (320). Clam Bay Restoration funding sources consist of current
year private contributions and prior year assessments paid by Pelican Bay residents,
GROWTH MANAGEMENT IMPACT:
OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT)
11.5 For undeveloped shorelines, provide improved opportunities for recreational,
educational, scientific and aesthetic enjoyment of coastal resources by protecting
.._.. beaches and dunes and by utilizing or where necessary establishing construction
standards which will minimize the impact of manmade structures on the beach and
dune systems.
POLICY
11.5.3 Prohibit activities which would result in man induced shoreline erosion beyond the
natural beach erosion cycle or that would deteriorate the beach dune system.
11.5.7 Regulate activities so that they will not threaten the stability of the dunes or the
beach itself.
11.5.11 Construction activities shall not interfere with the sea turtle nesting, shall preserve or
replace any native vegetation on the site, and shall maintain the natural beach
profile and minimize interference with the natural beach dynamics and function.
11.5.13 For all beach front land development related projects require dune stabilization and
restoration improvements, the removal of exotic vegetation, and replacement with
native vegetation as appropriate.
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 Counl , prrmh~h, ilifv r,A~n ,
AGENbA IYEM
No, (,
2 Pg. ?--
RECOMMENDATION:
Staff recommends approval of Petition No. CCSL-99-1 subject to the following stipulations:
1. All proposed activities shall be conducted in accordance with the standards of the Florida
Department of Environmental Protection (FDEP) Division of Beaches and Shores and the
U.S. Army Corps of Engineers (ACOE).
2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting
zone, defined by Collier County Land Development Code Division 3.10, between May 1 -
October 31, sea turtle nesting season, without first submitting and obtaining FDEP and
Collier County Construction in Sea Turtle Nesting Area Permits.
3. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing
work seaward of the CCSL and shall again contact Staff within one week following
completion of work seaward of the CCSL.
4. Outdoor lighting associated with construction, or development within three hundred (300)
feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land
Development Code.
5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond
the 1974 Coastal Construction Control Line.
6. Petitioner shall re-vegetate the dune where the dune is cleared of coastal dune/strand
vegetation with species appropriate to that specific area (i.e. fore-dune or back dune). A
re-vegetation plan shall be submitted to and approved by Collier County Current Planning
Environmental Staff, prior to the start of any clearing in disposal sites 2 or 3.
7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users
are requested not to intrude into this re-vegetation area.
8. Petitioner shall submit a Gopher tortoise survey and relocation/management plan along with
a plan to barricade the work area from Gopher tortoise in the immediate vicinity. This
relocation plan (which shall include a requirement that all burrows, with the exception of
collapsed or unmistakably abandoned burrows, be excavated for tortoise and comensals)
shall be reviewed and approved by Collier County Planning Services Environmental Staff,
prior to commencing any tortoise relocation work.
9. Petitioner shall submit copies of all approved agency permits, or letters from the agency
stating that they are not required for this project (i.e. FGFWFC Gopher tortoise incidental
take and relocation permits, USACOE permit and required modifications, FDEP permit and
required modifications) prior to the beginning of any site work seaward of the CI'.SL
MAR 0 9 1999
3
10. Petitioner shall remove all exotic vegetation from the conservation easement in
accordance with the Collier County Land Development Code Section 3.9.6.6., and shall
continue the existing annual maintenance requirement for exotic removal.
11. Approval of this CCSL variance does not obviate the petitioner from obtaining all
necessary local permits and development order appro~,als (i.e..Site Development Plans,
Vegetation Removal Permits, Vehicle on the Beach Permits, Sea Turtle permits).
12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-1 (including
chan,qes in disposal site locations if they cause less environmental impacts) may be
approved in writing, by the Planning Services Director or his/her designee.
PI~PARED BY:
LARBA~I~,'S. SURGESON DATa
SR. ENVIRONMENTAL SPECIALIST
--
REV4EW~BY: ...
RbN F41~40, ~)C~,'MANAGER )
CURRENT PLANNING SECTION
R R~' . MULHERE,
~BE J AICP, DIRECTOR DATE
PLANNING SERVICES DEPARTMENT
APPBOVED BY:
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
executive surnrnary/CCSL-99-1
MAR 0 9 1999
4
~ty, Florlda, d~cribed as follows:
~in~ a~ the ~nnersec~on of nhe ~st llne
of se~ S~t~ 32 vtCh the South Right of Wa~ l~e of
Vanderbiln ~ach Ro~ (S.R. ~. S-862);
:h~ce $~=h 00"38'50" ~s=, alon~ ~he ha= line of said
S~nbn ~, a dis:ante of 9~.9~ feen;
:hence ~=h 89~'10" West, a distance of 777.52
:o a be~ ~ the Northerly ~undary llne of =he Pelican
:hence alex Mid ~rther!y boundary line the follo~nS
five (5) c~rses:
Sou~h 89"36'&6" Wean, a distance of 93.5& fee=;
South 76"21'29" West, a dianarice of 289.33
Sou~ 62"19'33" West, a distance of &6.14 feen;
Sou:h &~"03'39" Wesn, a distance of ~3.13 feet;
Sou~ 39"59'13" West, a d~ance of ~0.46 feen
:he Foin= of Be~nnin~ of said parcel;
thence S~th 25"18'12" West deparn~ from said Northerly
kunda~ line, a d~ance of 166.30 fee: :o a po~n= on
Wes:erly ~nda~ line of said Pelican Bay ~nse~ation
~e~;
:hence ~rrh 45~1'37" Wes: alo~ ~ia Westerly
liner a ~snce of 55.~0 fee=;
:hence S~th 63"46'51'' West, alon~ said Wes:erly boundaU
llne, a d~ta~e of 67.87 fee=;
:hence ~h 23'23'30" ~st departins fr~ said Wesnerl~
boundarT l~e~ a distance of 185.76 feet =o a point
said ~rly bounda~ line;
:hence ~X sa~d ~rEherly bo~da~ line the follo~n~
:hree (3) courses:
So~h 36'52'12" ~s:, a distance of 25.00 feet;
Sou:h 69"43%03" ~s=, a dis=anne of ~9.~ fee:;
~h 77"~7'58" hs=, a distance of 37.86 feen
the Point of BeX~.
Sa~ land sin=e, l~nZ and be~ in Collier CounrT, Florida.
~.,,..:.],.i'~>.7:.-?.'..?..',,.i-' ·:
x-.,~'.~;;.--,,'.~-,--.~.~:.--. ~. ,,
~' -..:.~ - .,., -:
= '~ ~BXT ",~
MAR 0 9 1999
~..-
LEr~L DESCRIPT]ON
~A~CL-~,, I
AI! t.~aC part of Sections 8 & 9, Township k9 South, RInSe 25 =.ast, Col!let
Florida, ;y~n~ South of Clam Pass, ~est of ~cez Clam ~ny and ~sC of ~he C~f of
P~xico; ~an Hfgh ~a~e~ ~eva~on Z.1 fee~.
Sa~ land situate, lying and being In ~llter ~cy, Florlda.
PARC~ lI
+;at= -f lan~ loca=ed in Sections 32 and 33, T~sht~ ~ South, ~nge 23
and . . c:~ons ~. 5, 8 and 9, To~shtp ~9 Sou~h, ~nge 2~ ~s~, Collte= ~cy, Flor~a,
a por:kon of sald ~rac= being ~ par~ of Parcels 'D" and '"~" of P~I~ ~Y ~IT O~,
acco=dtng ~o ~he pla= ~r~f, recorded In Plac 3ook ~, Pages ~7 ~hrough 52, o[ ~he
Publ~ ~cords of sald ~lller County, sa~d ~racc being desc=~ed as lollova:
~=ence a~ ~he Sou:heas~ co~er of :~ Southwest
(~ ~) of said $ec~n '9, To~shtp ~9 Sou:h, ~nge 2~ ~sc;
thence Sou=h 89*30'59" ~es= along ~he Sou=b line o~ said Section 9 for
!~76.30 fee~ to the Point oE ~eglnnlng oE =he hereln desc=~ed =~a=c
of land;
~hence North 00'29~01'' ~es?, a distance o~ 50.00 fee~;
~hence ~or~h 89s30'59'' ~s~, a distance of 2~8.51 fee~;
~hence North 06'1l~48'' ~s~ for 37.59 fee~;
~hence So=~h 5~'~3Y'' ~st for 23.29 fee=;
~hence ~orth ~*11~37' ~es~ for 78.3~
~hence Sou~h )2'21~27'' ~s~ for 1~.9~ fee~;
~hence Botch ~0'~9~36'' hs~ for 38.17
~} thence ~orth 82'05~40" hs~ for 16.65 feet;
~nce North 20'19~7'' hs~ f~r 5~.31 !ee~ ~v ~he ~es~erly llne of
said Parcel
~ence conSUme ~rth 20sl9'~'' ~st for 21.61 fe~= to said ~es~erl~
Zinc of Parcel "D";
thence continue Notch 20*29'~?" ~st for 3.~
~hence Souc~ 69e~8'2~" ~Sc for 1.72 feeC co sald Westerly 11he of
Pa=cel '~";
thence con=trine Sou~h &ge58'2~" ~sc for 19.85 feet;
thence ~rt~ 50~29"1G" ~sC for 72.39 feec ~o the ~esce=ly line of
=he Pell~an ~ Improvise Dtsc~tct Ie~ ~l~t of
.: -*::~.. T.."~he=ceNortb 1~'09~19" ~sc, along said ~lbc o~ ~ay 1toe. fo= 32.96
~.. :..-; ~: .. *..:....
~)~;:~"~:**: . cu~a~re* o~ ~ clrc~ar cu~e concave Co t~ Vest ~g a radius of
~-*:~---~',~.a'~:,.;-::-., -;.:..: :: ': · .- , ·
:~.':':: ::' ';" "'-~e*~f.'20 ~0~10" for 9.38 feec co said guterly line o~ ?arcel ~'
'~:7~'V ~',: : "" -*' '- ",': '.: '
MAR 0 9 199
EXHIBIT "A"
Pq.
000966
OR SOOK P GE
:~ce continue Northerly and N~rt,~r=~aterly along the arc of aai~
~e thr~h a central an~!e of I00~'30" for ~.5~ feet :o the ~o:n:
thence North 15'31'2!" West for 265.11 feet :o the pole: o( curvatur~
of a circular curve c.-~acave to the $~uthwest;
t~nce North,'esterly along the arc of sai~ curve havin~ for its
~ement$ a radius of 26.00 feet and m central angle of 2~*~G'53"
l'J.o2 feet to the po~t of ta~ency~
thence North 39'22'1~" West for 362.~6 feet to the Intersection with
said Westerly line of ?arcel "D";
thence continue North 39'22'14" West for !&.97 feet to the .'~.lnt of
curvature of a circular curve concave to the Northcast;
:hence Northwesterly and Northerly along the arc of saia curve havL~g
for its elements a radius of 84.00 feet and a central angle of ~0'36'22"
for 59.53 feet to the point of tangency;
thence North 01'1~'08" vast for 1Q~.26 feet to said Westerly llne of
Parcel "D";
thence continue North 01'14'08" vast for 49!.~1 feet to the point cf
curvature of a circu/ar curve concave to the Southeast h.-ving a radius
of 84.00 feet;
thence .Northeasterly alon~ the arc of said curve through a central
angle of 20'30'19" for 30.06 feet to said Westerly llne of Parcel '~";
thence continue No:theasterly along the arc of said curve through a
centraY anK1- ~f 07'~7'36" for ll.&3 feet to said Westerl? l/he of
Parcel ':D";
thence coutlnue Northeasterly along the arc of said curve through a
central angle of 10"16'35" for 15.06 feet to the poi=t of tam~ency;
thence North 39'48'38" East'for 132.69 feet to the point of cuD-ature
of a circular curve concave to the Northwest;
thence Northeasterl~ along the arc of said curve having for its el-e=ents
a radius of 26.00 feet and a centra/anEle of 25'06'26" for 11,39
feet to the point of tanSaucy;
:hence North 14'42'12" East for 175.97 feet to said Westerly lane
of Parcel "D";
thence continue North 14'42'12" East for 99.38 feet;
thence North 01'48'&e," West for 55,92 feet to said Westerly line of
Parcel '~D";
thence continue North 01'4S'~9" %~est for 243,14 feet to the point of
curvature of a circular cur~e concave to the Southmt;
theCe ~brtherly and ~rt~e~terly alon~ the ar~ of sa~ cu~e hav~
for its ~ents a radius of 26,00 feet and a central ~e of 2~'39'23"
for 11',19 feet to the point of tam,each;
, ~.
,.:' ~'.' ..~h~e ~rth 26*28'~e West for 261,58 feet to the po~t of cu~ature
.u..;7-:C..-.-- -'of m c~rc~ar cu~e tenure to the ~rtheut;
- ~ - ~,:~ ..... · ...... : u. -
'~? ~r'thVescezl~ and ~rtherly along the s:'c of ~ c~e ~v~g
f ~f~i'C$' '~'ts.a r~s of 8~.00 f~et a~ a centr~
h
(_:' f'.~ ~.f-L-~.';. :"..'~e' tr~ '~397i7' 'West for 578.20 fe~t; ' '
· . :~ · .,,j j.:..": -1.~ .:=.-- - . .
cu ·
::-..- '. ,0 9 1999
: ....
2 o~ 1~
~XHIBIT "A"
OR BOOK ,-' -
:hence ~or~hvesnerl7, Northerly and :~ortheas~erly alo~g ~.he arc of
satxi cuT~e bavlnl for its elements & radius of 5~.00 fee= a~ a central
an~/e of 36'2&'20" for 53.3T fee~ to the ~oin~ of tan~encT~
:~e ~r=h 19'17'16" ~s: for ~77.96 feet to ~i~ Wester!7 line of
Parcel
~he~e continue ~Tth 19"17'16" ~s: for 31.07 fee: :o ~ Westeft7
l~e of Parc~ "D"; thence con:anus Nor~h 19el?'l~'' ~s: for 3.51
fee= ~o ~he ~inn of cu~i=ure ~f a circular cu~e -~cave ~o ~he
~r=hvesc;
=h~ce ~r=heaszerly and Nov=herly alon~ nhe arc of ~id cu~e ~av~g
for i=s eleen=s i ra6ius ~of 26.00 feen and a cennral an~e of
23'&3'~6" for 10.77 fee: =o ~he pol,~ of :angency;
~hence ~r=h 0~"~6'30" Wes= for 60.37 feet :o said Wes:erl7 l~e
of Parcel
:h~ce c~:inue North 0~'26'30" West for 17=.82 fee:;
:hence North S9'00'e0" ~s: for 8.~2 :=e: :o the Westerly line of
said Parcel
nhence c~nlnue ~rnh 89'00'00" ~s: for 20.~2 fee:;
:h~ce ~rth 27'12'3~" ~s[ departing fr~ said Wesnerly ~hn
Wa~ l~e of Pelican Bay Improvemen~ Disrr~c= Be~, for 66.11 fee:;
:hence North 06'2I'!4" ~sn for 5=.20 fee=;
=h~ce ~rch 24'03'11" West for ~2.20 fee:;
~ =he~e ~r=h 22'59'58" West for 50.22 fee=;
:h~ce ~rrh 29'58'!~" West for 17.82
~h~ce ~r=h 30"26'18" Wes= for 50.99
=hence ~rnh 07'26~0~'' ~s= for 20.12 feet;
th~ce ~r=h 17'32'15" Wes= for 36.O1 fee=;
:h~ce North 00'18'41" ~s= for 18.03 fee:;
~hence ~r~h 13'19'18" Wes= for 5~.27 fee: =o a ~n= ou nhe
l~e of ~d Sectioa 9 and =he Sou:h line of said Section ~, ~d
~= ~g Sounh 89'27'58" West a distance of 1281.76 feet from
~r=husn cerner of =he Nor=byes= one-quarner (~ ~.) of said Section 9;
:h~e continue North 13'19'18" Wes~ for 5.03 fee=;
th~ce ~rth 17'06'28m West for 85.05 feet;
th~ce ~rth 18*02e53" West for 53.O1 feen;
=h~ce ~rth 66*O7'~5n West for 22.63 feet;
~e ~r=h 58~22'~, ~elc for 23.71
,t~e'~b' 390~'28" Wee= for ~1.21 feec no a poiun ou che North
-~h"Oi°~*OO~ Vest for ~2.OO
'~e26'39~ hit-for. 51.26 feec~
3 ~ 1~
mxszT .A- MAR 0 9 1999
! pO
000966 001853
OR BO_OK PAGE
thence North 23'18'11" West for &9.34 feet to the Westerly P~tght of Way
line o( the Pelican ~ay Improvement District D:a!nsge ~sement end
~est~ly Be~ RlSht of Way line;
th~ce ~rth 66'30'00" West slons said Westerly R~ht of Way line for
~5.~ feet;
~h~ce ~rtb 21*53'01" West for 565.12 feet to a point of cu~ature
of a ciccular cu~e concave to the ~rtheast;
the~e Nor:~sterly along the arc of said cu~e having for its
2~.30 fee~ o c
the~e ~r~h 05'18'~" W~: for 7~2.03 feet to a point of cu~a~ure
of a circular cu~e .-nca~e :o the Southeast; ~/~T'~
three ~r~h~es:erly, Northerly and ~rcheas:erl? alonB ~he arc
gia cu~e havin~ for i~s el~encs a radius of 8~.00 feeC and a
~e of 5!'23'~3" for 75.35 feet to a point
thence North ~*05'03" ~sc for 383.3~ fee: :o a point of cu~a~ure
a circular cu~e concave ~o ~he Northwest; i~T ~
thence ~r~heascerly alouB :he arc of said curve havinB for
~en:s a radius of 26.00 fee~ and a cencral ~nBle of 36'05'23"
for 16.38 fee: ~o a poin: of :anBency; '
.7 :hence North 09"59'40" ~s~ for 276.13 feet to a point of cu~ature
of a circular cu~e concave to ~he West; ~ ~
thence Northeasterly, Northerly and Northwesterly alon~ the arc of
~id cu~e ~v~ for i~s elements a radius of 26.00 feet ~d a cen:r~
an~le of ~8e1~'26'' fee 2~.89 feet to a point of Tan~ency;
th~ce North 38*1~'~6" West for 236.10 fee~ ~o a ~int of cubacure
of a circular cu~e concave to the Northeast; ~ ~ E
th~ce ~rthvesterly alon6 said cu~e ~vin6 for its elsenil a
radius of 8~.00 feet and a central an~le of 10"32'~1" for 15.46 feet
~o a point of ~an~ency;
thence North 27"~2'05" West for 390.38 feet to a point of cu~a~ure
of a circular cu~e concave ~o the ~r:heas~; ~ ~ ~ ~
thence ~rthvesCerly al~g :he arc of said cu~e Mving for
el~ents a radius of 8~.~ fee~ and a central an~le of ~8'39'37" for
27.36 fee: ~o s point of ~anKency;
,~,thence ~'rth 09e02'28'' Wes~ for 182.37 feet to a point of of a circular cu~e concave to the Southwest; ~ T ~
el~m a radius of 26.W fee: and a. cen:ra! ~le bf 24e06'36'' lot
10.94 feet to a ~int of rangehey;
the~e North 33'09'~" Wast for 18~.37 faat to a. point of cu~ature
~of a circular cu~e concave to the ~rtheast; ~
' t~e ~rth~esterly along the arc of safd cu~e ~v~g for its elements
a rad~.u$ of a&.W feet a~ s central angle of 1~°39'37'' for ~7.36 feet
~,' "~Si~e.~rth-lle29'27''West for ~2.62 f po~ of cu~ature of '~.:
~;~:~_:'~:~';~=~:-.:~i.h~nS for i~. ,Xmnc, a rg~, ef S;.~ fee: a~ a.cenc=~
,:":"-:"":-V :" "'- xaxv .a. MAR 0 9 199
Pg. ____
000966
O_R BOOK PAGE
the~e ~rth !8°01'13' East for &70,18 ~eet t~ m po~t o~ cubaruts
o~ m cir~mt ~une concave t~ the ?Zorthvemt~ _ ~;
t.4nce ~rtheas~erl~ alon~ the a~c o{ sa~d c~e having {or
eleMn;s a ;a81us o( 26.J fee: and m conrural angle of 15'55'10"
for 1.22 feet to a point o[ tendency;
thence North 02°06'03'' East for 386.95 feet to a )oint of curvature
of.a circular curve concave to the Southvest;
the~ce Northerly and Northvesterly along the arc of said curve havin~
for its elements a radius of 26.00 feet and a central an~le of 17'~2'17"
for 8.03 feet to a point of tangetty;
thence ~orth 15'36'1~" West for 861.B~ feet
a circular curve concave to the
thence Northwesterly, Northerly an~ Northeasterl) alcq~g the arc of
sa~d curve having for ~te ele~aents a radius of 8&.00 feet ann a
central anBle of 59~42~8'' for 87.~ feet to a ~oinc of tangocoX;
thence North ~'06'34" Fast for 570.22 feet;
thence ~orth 34'37'58" Fast for 208.35 feet;
thence 3outh 59'08'36" West departing from said Westerly Rl~h: of Way llne of
Pelican Bay Improvement District DrainaSs Easement'an~ Westerly Bet-m-R.t~ht
of Way l~ne for 60.31 feet;
thence ~orth ~4"12'38" Mes: for ~feet;
thence S.,outh 5B'20'37" ~est for 9.&3 feet;
then=e S_outh 60*35'65" Wes~ for 16.12 feet;
thence South 82*30'16" West for 122.63 feet;
thence North %8"36'55" West for 155.O8 feet;
thence S~rth 30~6'&0'' West fo~ 201.10 feet to a point ou the
sarth line of said SectTon 4 an4th'i'~'leeouth llne of said Sectlot 3~,
sa~d ~oint being North 85e38'59'' West, a distance of 2001.56 feet
from the Northeast corner of the Northvest ~e-quarter (N~ ~) of
i~ Section &;
thence continue North 30'A6'&0" West for ].l.al feet;
_ _
thence North ~'50'00" West for 308.54 feet;
thence North 30"59'06" West for 83.&2 feet;
thence North 13".8'33" East for ~6.38 feet;
thence North 18'30'20" West for 99.66 feet;
theuce North 07'05'30" Wear for 98.09 feet;
.
thence North 30e00*IS'' West for 115.~5 feet;
~2.7-~;' "-... therite North 1A*&2'15" West for 1&9.93 feet;
~=~'i~c'%/~ "'.'t~e ~rth O2m&6m~5" ~st for 29~,31 feet;
~'~ ~-..~- >,....-,'
..... ~ ......... ' '? Vest ~or.'192,~ Ee ~;
- 2..,..-'- ,._..R: ':V"" . ~'.17 ·
-,'-. MAR 0 9 19
-' - 5 Of 1i
.; ~' '. EXHIBIT
-
_
.................................................
~h~nce ~th 7~'~0'1~" ~est ~o~ 7L.T& 5e~t :~ a point on the '~es:
L!=e c~ sa;C Section 32 and t~.e ~ast l'-~ ci saLd Sec:Lcn
2o'.nt ~eing ;~orth '30'2~'~9" West, a d;~:ance ef 1459.07
the Scut~';est corn.:r cf sa~d Seztion
t~cnce ccn~inue ~or=h '~'4O'lS" ';cs; for i~9.C0 feet:
thence ~Ik 2~5~'4~'' ~'est for ?g.~9
thence ~orth 77'2~'35" West for 203.70 feet;
t~ence ~ortn C, 6'13'I!" ~est for s3.Ol feet;
thence :~or%h 75°27'12'' ~es~ for 12.73 fc~t;
:hence NorIh G4°~4'27'' -Last for I~6.15
d~ence ~;orth ~3'32'29" West for 330.13 feet;
thence ~;crIn 63°15'19'' -?,zs= for 277.93 fee~;
thence 2;orth ~°'q'4~" '.jest ~' 26G.96
thence Sou%~ B9°3o'46'' u'est for 93.5~
thence Sou;h 75°2!'29" W~s: for 289.33 feet;
~hence Sout~ 62'19'23" West for 46.!~ feet;
thence Scu=h 44°03'3~'' ~es; fDr ;3.12 feet;
;hence Souuh 39°59'1Y' West for &O.~6 fe.~=;
thence South 77~47'58'' West for 37.86 feet;
tkence ,North 69'43'D3'' West for 49.04 feet;
thence .North 36'52'12" West for 25.00 feet;
:hence .%orth 32°28'15'' East fcr 52,15 feet;
thence l;o~th 40'2l'52" Eas~ for 52.50 feet;
thence North 17°47:35'' L-st for 33.75 feet,
.. thence South B3°37'15'' West for 239-59 feet;
thence North 86'29'29" West for 124.10 feet;
thence S=uth 15'50 56" West for 60.52 foe;;
thence Sou~h 26°31'12" East for 219.80 feet;
thence South 60~17'38'' 5ast for 56.84 feet;
thence North 64'47'4Y' East for 55.70 feet;
thence South 76'33'48" ~ast for 35.51 feet;
~hence North 63°46'51'' East for 67,87 feet;
- thence South 45'&1'37" East for 55.60 fee=;
thence South O3'27'57" East for 12&,24 feet;
thence ~outh 28*5Z'07" Eam~ for 322.63
~henee Sou~h 41'36'04" [,as: for 127,14 fee~; N~~
MAR 0 9 1999
EXHIBIT "A"
P~. //
:hcn~c jcu:h ~1'3~'19" E~st f~: ~7&.~5 feet;
thence Sou=h 22~19';0'' E.~st or 173.70 feet;
,
thence S~uth C]'C6'i~'~ East ~.,r 350.19 feet'
thence Scu:h 03e52:D&'' East :'or 438.72 fact;
thence Szutn ~;°29':9" West for 23,.63 fce~;
th E' ! i.°. ' "WQs. f ?. f
West fcr 9~.i~ feet;
East f~r 76.35 feet;
West for 0.29 feet t~ a point on the
ti~n 32 and the North ilne of said Secti:n
~ 89'2~'59" West, a ~iztznce
met of s~id Section
01°~2'~3'' West fo~' 45.67
"West for !22.27 fe~t;
thence South 1Z°5;'46'' ~st for 185.06 feet;
~'°25
thenze South o '~4" -Last f:r 183.16 feet;
thence South i?°~7'28'' West for 161.45 feet;
thence South 26°07'C5'' West for 105.&~ feet;
thence S~utk 01°0~'19'' West for 161.97 feet;
thence South 15'06'45" East for 136.12 feet;
thence South 20'41'41" E~st ~or 256.55 feet;
thence South 18'52'C2" ~st for 202.00 feet;
thence South 39'35'38" West for 101.39 feet;
thence South C4'~6'57" East for 180.37 feet~
thence Sou~n 29°13'36" East for 126.40 feet;
thence South 16'!5'39" East for 134.27 feet;
thence South 5D'05'55" West for 37.!I feet;
thence Sou[h ]4~12'40'' West for &3.18 feet;.
then~'e Sodth 06'05'03" West for 31.E5 feet;
thence North 9u'OC'O0" West for approxima[e!y 440 fe~t to the Xeao
~igh Water Line of the Gulf of Mexico;
ths-,~ee ~roeeed Southerly for aF,~r_-~i=ately 454B feet al;ng said
Water LAne to the South line of said Section 5 an~ the North line
Sai~ Section 8;
thence continue along said Water Line for approximately 5262 feet to
the South line of said Section 8;
thence North 89030'59" East along said South line of Section a for , .- -i
e.~proximately 2A7 feet to the Southeast corner of sale Section 8 an~
7 of 14
ex. xsxT "A' MAR O 9 1999
c.~ EO0~ ~AGE
:~ence North B9'30'59" ~_a~ alon8 the Sout~ llne of sail Sectlom 9
for i178.47 feet to ;he Point of
L:~-~S ind except therefrom a parcel of land loca:ed in ;aid Set:ion 5, To~shlp
South, .~a:ge 25 East, described as follows:
Cc:mencin8 at :he Northeast corner of the Northwest one-
quarter (h~ ~ of said Sectlon &, Tovnship &9 Sou~h, ~nge 25
thence Notch 89'~8'59" West, along ~he ~orth line of said Sec:to~
4, a distance of 2642.02 fee~ ~o the Northeat corner of said
Secc~oQ 4 and the Northeast corner of said Section 5;
thence continue North 69"38'59" West, alon~ the North llne of
said Section 5, a distance of 1283.47 feet co :he intersLc:lo~
~th :he Florida Department of Natu;al Resources Coastal
~nscruction Control Line, as recorded in CO~T~ S~ SACK B~K 1,
?a8es 13-25;
:hcnce Southerly along said Coastal ~nstruction ~ntrol Line ~he
fol!ovin] courses:
South ~e23'55.5" ~sc a distance of 142.75 feet to a point on
~he Coastal Construction Control Line, said poin[ bein~ Sou~h
38'49'24.3" ~st, a distance of 322.15 feec f;'~ P.R.H. 64-78-A-07;
:hence Sou~h 10'39'14.0" ~sc, a distance of 1027.72 fee~;
:hence South 08"23'14.6" ~s:, a distance of )007.78 fee~ ~o a
~int, said point bein~ South 86'54'27" ~sC, a discamce of
~.13 feet from Permnenc Reference ~nume~t R-35;
thence South ~"u9'45" ~sc a distamce of 4~9.48 feec to the
Point of Beginning of the parcel described herein;
thence continue South ~*09'45" ~sc along said Control Line
for 562.00
thence l~v$m~ said Coastal Construction Control ~ne, proceed due
gem: for approxl~ately 228 fee~ to the )'a~ High W~er ~ine ef ~e
~lf of Mexico;
thence proceed Northerly along said Mean ~gh Water ~ne for
approxi~cely 562 feet;
thence proceed due ~st for approxiMtely 225 feet ~o the Point of
hJi~io8 o~ said Coastal Cons:ructioo ~trol Line,
~O L~S . strip of land located in said SecCloQs 4 and 5, To~ship
25 ~st, Cbllier County, ~orida, described as follows:
~=~cin& aC the ~rtheast co~er of t~ Nor:byes: one-
quarter (~ ~) of said Section 4, Township 49 Sou~., ~8e 25
~st;
themce North 89*38'59" West, alon~ the Notch l~e of said Seccio~
&, a dista~e of 2642.02 feet to the Nor:byes: comer of saia
Se~cio~ 4 an~ the Northeast corner of Mid Setrio6 5;
thence comtinue North 89"3~'~9" ~emC, lionI the ~tth l~e of
~d Secr~6 5, a di$ta~e of ~283,47 feet to t~ tnterlectio=
~tb the F!ortd/Oepatc~mt of ~tural ~souzcel
Pages
th~ce Southerly aloul n~ Coastal ~ns~et~n Con:rol Line
[XH]BZT 'A"
OOOg6S
OR BOOK F GE
~u~b 11'23'55.~' hs~ · dlstsnce of 1~2.75 feet ~o · poln~ on
the Coastal Cons==~c~ton Control L~ne, s·td pol~= ~e1~g South
~8"~9'2~.3" r_~s=, · ~tn~ance of 322.15 feet frc~ P.~.Ho
=hence Sout~ 10'39"~.0'' ~as~, ^ dts=ance*o£ ~27.72 ~ee:;
~ence Sou=h 08°23'1~.&'' Eas~, a dls=ance o~ ~007.78
~tn=. sa ~ polnc being Sou~h 8~'5~"27" ~s=, a dts=,nce
~.13 ~e~ ~=on ~e~nen~ Reference Y~n~n~n=
~hence Sou~h ~*09'~" ~s~ a dls=ance o~ 6~9.8~ ~ee~ ~o ~he
~o~n~ o~ 3eglnntnS o~ sal~ s~p, sald s==t~ belnB 20 ~ee~
~he ~o==h ~ounda~ be~n8 ~ ~ee~ No=~h ~ and para!~el vl:h ~he
fc!lovtn8 described l~ne and ~he South boun~&=~ heinz
~cu=h o~ and ~a~allel v~h ~he sn~ desc=tbed l~ne;
thence ~=~h 6~'~2~56'' ~s= a ~Is~ance o~ 9.61 fEe~;
~hence North 59'19'05" ~s~ n distance ~ 9.1~
thence Nor=h 54'~6"05" Fas= a distance of 8.25
%hence Nar=h 57'2g'Bg" ~s~ ~ ~is~ance of 15.30 fee~;
thence ~r~h 68'48'15" ~sE a d~S~ance of 24.DD fee~;
~nence North 75'22'20" ~s~ 8 distance of 34.97 feec;
~hence Bo~,~h 71'B8'07" ~s~ a ~is~ance of 52.6~ fee~;
~hence Sou~h 71'22'~B" ~s~ a ~is~ance of 40.GO fee~;
Ehe~ce ~ou~h ]~*17'31" Eas~ 8 dis~mnce of B0.0~ fee~;
~hence Bou~b 76*~'~7" ~s~ a ~is~ance of 12.04 .~ee~;
~he~ce Sou~h G]*lS'lO" ~s~ a ~Is~ance of 14.14 fee~;
~hence ~ou~h 75'20'24" ~s~ · distance of 28.gB fee=;
~henca Sou~h 70*27'~2" ~sc 8 ~is~ace o~ 17.03 fee~;
~hence BouEh 7~*~1'05" ~s~ 8 ~i~Ence o~ 55.01 fee~;
~hence North 83'31'57" ~s~ 8 dis~nce of .~B.G7 feeE;
~heuce ~rEh 87'~1'02" ~s= 8 dis~mnce oE 27.00 ~eeC;
~hence Sou~h 8~*15'~1" ~s~ 8 ~isEsuce o~ 14-08 feeE;
cheace ~ou~h 88*~0'~7" ~s~ 8 d~s~mnce o~ 11.80 ~enc;
~hence Nor~h 77'53*39" ~sC a dts=ance of 11.00
~hence ~o=rh 7~19'0~s ~sg a dls~a~e o~ 16.03
~hence~=~ 71*~*~" ~s= · dls=ance of 17.12
=hence~h 80e22'03~* ~s~ a atsn=e of 11.59 ~ee~
0 9 999
9 o~ 1~
~IBIT
000966 .50 562
OR BOOK ?AGE
thence South 82e50'25'' ;~s~ 18.22 feet;
thence 5outh C~°09'35'' F-~st 5.00 feet;
thence South 83'50'25" West 53.00 feet;
thence Korth 06°09'35'' West 5.00 feet;
thence South 83'50'Z5" West 27.39 feet;
thence ~orth 87'12'53" West 29.4~ feet;'
thence 5ouch 85'20'36" Uest 13.21 feet;
thence South 68'50'~9" West 32.2~ feet ~o a point of curvlture;
thence Westerly ~2.58 feet alons the arc of a circular curve
concave to the North, ~a~ln~ a radius of 80.23 feet and subtended
by a chord ~hich bear~ South 84"03'03" West ~2.08 feet to a point
of tanSency;
~hence North aO°~'4~'' '~est 23.00 feet to a poin~ of curvature;
thence Sou:hvesterly 51.12 feet ·long the arc of a circular
cul-~e concave to the South having a radius of 60.72 feet and subtended
by a chord ~hich bears South 75e08'16'' West ~9.62 feet to a point
of tan~ency;
thence South 51"C1'16" West 15.85 feet to a point of curvature;
thence Westerly 1~0.23 feet along the arc of a circular curve
concave to the ~or~h havin~ a radius of 138.92 feet and subtended
by a chord ~hich bears South 79e56'21'' West 136.35 feet to a point
on said curve;
thence South 32"17'4&" West 6.05 feet;
thence Nor~ ~7"42'16" &~'_lt 26.8S fee~ t~ ~he }'lotida Department
of Natural Resources Coastal Construction Control Li~e;
thence-·lonX said lime North 04°11'15.7'' West 32.34 feet;
thence Sout~ 57'~2'16" East 46.08 feet;
thence South 32"17'44" West 3.44 fee: to a point on a curve;
~hence Easterly 120.24 feet along the arc of a non-tangential
circular curve concave to :he North, having a radius of 122.92
feet and subtended by a chord ~hich bears North 79'02'~1" East
115.51 fee: to ~ point of tangcncy;
t~ence North 51'01'16" East 15.85 fee~ to a point of curvature;
thence Northeasterly 64.59 feet along the arc of a circular curve
concave to the South, havi.r a radius of 76.72 fee: and subtended
by a chcrd vhich bear· North 75"08'16" East 62.70 fee~ to · point
of ~antency;
thence So~b 80e44'4~'' East 23.00 fee: co a p~int of curvature;
thence Easterly 34.09 feet aloug the arc of a circular curve
concave to ~he Nor:h, having a radius of ~.23 feet and subten4ed
by · chord vhich bear· North 8&eO3'03" Eas~ 33.69 fee: ~o · poin~
of tanSaucy;
~heace North 68e50'49" East 34.56 feet;
~heace Hortb 85°20'36" East 16.57 feet; AGE~
EXHZBIT "A" MAR 0 9
OR ECOK
:>,ence South 87'=2'53" East 29.23 feet;
:.".ence Nor',h B3~50'25'' -=ast 97.35 feet r,o a ~cin~ ~f
:hence .~or=heasterly 59.30 fee: clon~ ~he arc of a circular curve
--oneave :o the Northwest, having a radius -~f 52.C0 fee', ~na subtended
by a chord '~hich bears North 51°10'!4'' F~st 56.14 feet ~: a point
of ',angency;
',hence Nor%.~ !8"30'03" East 15.16 feet to a polnt of cu.--;ature;
:hence Nor',heas=erly 67,34 feet aloP~ the art of a cir:uiar curve
;onca~e t= the Southeast, having a radius of 53.70 fee', and suO~ended
by a chord ~'hich bears ~':orth 54"25'~0" East 63.02 feet ',o a point
of ',anBency;
%hence South 89'Z8'44" East 281.~I feet;
~nence .~iorth g6°Z0'04'' East 11.6~ feet;
thence North 03'39'56" West 5.00 feet;
t'Rence .'~or:~. 36°2D'04'' Eas', 53.CC feet;
iRenee cou=n D3'29'58" -Last 5.30 fee=;
thence North. 8G'20'0~" East 32.61 feet to a point of curvazure;
thence Easterly 169.64 feet along the arc of a circular curve
concave to the South, having a radius of 725.01 feet and subtended
--'- by a chord which bears South 86°57'46'' East 159.25 feet ',o a
on said cu=-~e;
thence Norzh 8.0"46'41" East 13.79 feeE;
=hence ,%orth 75'0"25" East 14.91 feet;
thence Nor[h 69'28'47" ~s= 91.99
thence };orth 73'47'3!" ~st 50.24 feet =o a ~oinr of cu~ature;
=hence ~sterly 46.60 feet along the arc of a circular cu~e
concave [o the Sou~h having a radius of I~.00 fee= and
by a chord which bears North 86"37'45" ~s~ 46.22 fee= :o a point
cn said cu~e;
[hence North 83'54'09" ~sn 19.09 feeE;
thence North 76'~5'29" ~s= 56.68 feet;
~hence ~r=h 66'30'56" ~st 14.27 feet;
thepce North 53'~'05" ~s= 32.29
=hcnce North ]Z'07'17" ~s= 112.81 fee=;
Lhence North 76'06'36" ~s~ 59.90 feet =o =he polo= ~f ~eglnning
of the strip of lan~ herein
~cO L~S all that par= of See:ions 8 & 9, To~shi~ ~9 South, ~nge 25
~llier ~nEy, Florida, lyre Sou~h of Clam Pass, West of ~ Clam Bay and ~s: of
=he Gulf of Mexico; M~n Mi&h eater Mleva:iou 1.1
Bearers 'sh~ herein are base~ on the STA~ P~ COO~ estahltshe~ bY =he
N.G.~. for F~-~T ~.
EXHIBIT "A"
'$ I.,~AR 0 9 1999
Exhibit "D" ~
'~ RESOLUTION NO.99-
2
3
4 PETITION APPROVING WITH CONDITIONS PETITION CCSL-99-1,
5 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION
6 SETBACK LINE TO ALLOW 1) DREDGING OF CLAM PASS AND THE
7 CLAM BAY SYSTEM, 2) PLACEMENT OF BEACH COMPATIBLE
8 MATERIAL ALONG THE BEACHES NORTH AND SOUTH OF CLAM
9 PASS AND 3) PLACEMENT OF NON-COMPATIBLE MATERIAL IN
10 CREATED CONTAINMENT BASINS IN THE BACK DUNE AREA
11 NORTH OF CLAM PASS (IN THE COLLIER COUNTY OWNED
12 CONSERVATION AREA), LOCATED WITHIN THE PELICAN BAY
13 PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL
14 DESCRIPTION), SECTIONS 4,5,8,9,32 & 33, TOWNSHIP 49 SOUTH,
15 RANGE 25 EAST, COLLIER COUNTY, FL.
16
17
18
19
20
21 WHEREAS, Jim Ward, of Pelican Bay Services Division, requests a variance from
22 the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance
23 No. 91-102 Division 3.13, as amended to allow 1) dredging of Clam Pass and the Clam
24 Bay system, 2) placement of beach compatible material along the beaches north and
25 south of Clam Pass and 3) placement of non-compatible material in created
26 containment basins in the back dune area north of Clam Pass (See Exhibits B,C and
27 D); and
28 WHEREAS, the subject property is located within the Pelican Bay PUD
29 conservation easement, owned by Collier County, and on the adjacent public beaches;
30 and
31 WHEREAS, the proposed activity will extend approximately eighty (80) feet
32 seaward of the CCSL at disposal site 2, one hundred ten (110) feet seaward of the
33 CCSL at disposal site 3 and an additional fifty to one hundred feet more seaward of the
34 CCSL for the dredging of Clam Pass and placement of fill on the beaches north and
35 south of Clam Pass; and
36 WHEREAS, the proposed activity may not be specifically contemplated within the
37 conservation easement, but for the betterment of the entire Clam Pass system the
38 Board may approve this activity; and
39 WHEREAS, the petitioner proposes to mitigate for the removal of 2.7 acres of
40 established native dune/strand vegetation from the areas where the non beach
41 compatible material will be buried (site #2 and site #3), by restoring the area to it's pre-
42 impacted condition or better; and NA°6~
MAR 0 9 1999
1
WHEREAS, the petitioner will m~n~mize impacts to the Gopher tortoise population,
3 which exists within disposal sites 2 and 3, by obtaining necessary Gopher tortoise
4
5 incidental take and relocation permits from Florida Game and Fresh Water Fish
6
Commission. In addition to that, the petitioner shall provide a relocation/management
8
9 plan to Collier County Current Planning Environmental Staff for review and approval
10
11 prior to any proposed impacts to these sites.
12
13 WHEREAS. the petition is consistent with the Collier County Land Development
14 Code Division 3.13, as amended; and
15 WHEREAS, the petition is consistent with the Collier County Growth Management
16 Plan - Conservation and Coastal Management Element.
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-
19 99-1 be approved, subject to the following conditions:
20
21 1. All proposed activities shall be conducted in accordance with the standards of
22 the Florida Department of Environmental Protection (FDEP) Division of Beaches
23 and Shores and the U.S. Army Corps of Engineers (ACOE).
24
25 2. Construction activities shall not occur within one hundred (100) feet of the sea
26 turtle nesting zone, defined by Collier County Land Development Code Division
27 3.10, between May 1 - October 31, sea turtle nesting season, without first
28 submitting and obtaining FDEP and Collier County Construction in Sea Turtle
29 Nesting Area Permits.
30
31 3. Petitioner shall notify Current Planning Environmental Staff one week prior to
32 commencing work seaward of the CCSL and shall again contact Staff within one
33 week following completion of work seaward of the CCSL.
34
35 4. Outdoor lighting associated with construction, or development within three
36 hundred (300} feet of the high tide line, shall be in compliance with Division 3.10
37 of the Collier County Land Development Code.
38
39 5. Petitioner shall utilize only native coastal dune vegetation for all on-site
40 landscaping beyond the 1974 Coastal Construction Control Line.
41
42 6. Petitioner shall re-vegetate the dune where the dune is cleared of coastal
43 dune/strand vegetation with species appropriate to that specific area (i.e. fore~
44 dune or back dune). A re-vegetation plan shall be submitted to and appmved
45 by Collier County Current Planning Environmental Staff, prior to the start of any
46 clearing in disposal sites 2 or 3.
47
48 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that
49 beach users are requested not to intrude into this re-vegetation area.
50
51 8. Petitioner shall submit a Gopher tortoise survey and relocation/management plan
52 along with a plan to barricade the work area from Gopher tortoise in the
53 immediate vicinity. This relocation plan (which shall include a req
54 all burrows, with the exception of collapsed or unmistakably aband~: ed
55 be excavated for tortoise and comensals) shall be reviewed and approved by
"- MAR 0 9 1999
2
""' 1 Collier County Planning Services Environmental Staff, prior to commencing any
2 tortoise relocation work.
3
4 9. Petitioner shall submit copies of all approved agency permits, or letters from the
5 agency stating that they are not required for this project (i,e. FGFWFC Gopher
6 tortoise incidental take and relocation permits, USACOE permit and required
7 modifications, FDEP permit and required modifications) prior to the beginning of
8 any site work seaward of the CCSL
9
10 10. Petitioner shall remove all exotic vegetation from the conservation easement in
11 accordance with the Collier County Land Development Code Section 3.9.6.6.,
12 and shall continue the existing annual maintenance requirement for exotic
13 removal.
14
15 11. Approval of this CCSL variance does not obviate the petitioner from obtaining all
16 necessary local permits and development order approvals (i.e. Site Development
17 Plans, Vegetation Removal Permits, Vehicle on the Beach Permits, Sea Turtle
18 permits).
19
20 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-99-1
21 (including changes in dis[~osal site locations if they cause less environmental
22 impacts) may be approved in writing, by the Planning Services Director or
23 his/her designee.
24
25 This Resolution adopted after motion, second and majority vote favoring same.
26
27 DONE AND ORDERED this day of ,1999.
28
29
..--. 30 BOARD OF COUNTY COMMISSIONERS
31 COLLIER COUNTY, FLORIDA
32
33 ;, TEEST: BY:
34 DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, CHAIRWOMAN
35
36
37
38
39 Approved as to Form and Legal
40 Sufficiency:
41
42 i , /
44 Heidi Ashton
45 Assistant County Attorney
46
47
48 ccsl-99-1 RESOLUTION
MAR 0 9 1999
3
EXECUTIVE SUMMARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S.
80615-005 & 80615-006/William D Roberrs, Deceased, Robert A Roberts and
Richard H Roberts, Co-Trustees, 80714-042/Hubert & Christa Hein % William
Scherer, & 80723-073 & 80723-074/James & Beatrice Brushy
OBJECTIVE
Board to accept report and adopt separate Resolutions assessing a lien against the parcels
identified in the Resolutions in order to recover public funds expended to affect the
abatement of public nuisances at these locations, all as provided for in Ordinance 91-47,
the Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the
Resolution will be mailed to the respective property owners, and the Clerk to the Board
will record the resolution thirty days after mailing of the resolution.
· Case No. Owner of Record Case Summary Lien Amount
,~615-005 William D Roberts, a. Violation determination 06/12/98 $ 500.00
Deceased. Robert A b. Notice of Violation served 06/17/98
Roberrs and Richard H c. Verification of unabated nuisance 07/30/98
Roberts, Co-Trustees d. Nuisance abated with public funds 09/04/98
e. Owner invoiced for costs 09/11/98
80615-006 William D Roberts, a. Violation determination 06/12/98 500.00
Deceased, Robert A b. Notice of Violation served 06/17/98
Roberrs and Richard H c. Verification of unabated nuisance 07/30/98
Roberts. Co-Trustees d. Nuisance abated with public funds 09/04/98
e. Owner invoiced for costs 09/11/98
80714-042 Hubert & Christa Hein a. Violation determination 07/13/98 245.00
% William Scherer b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/04/98
d. Nuisance abated with public funds 08/20/98
e. Owner invoiced for costs 08/28/98
80723-073 James &Beatrice a. Violation determination 07/22/98 260.00
Bruskay b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/17/98
d. Nuisance abated with public funds 08/29/98
e. Owner invoiced for costs 09/21/98
80723-074 James &Beatrice a. Violation determination 07/22/98 260.00
Bruskay b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/13/98
" d. Nuisance abated with public funds 08/26/91 o. ~
NAGEN T M
e. Owner invoiced for costs 09/21/91
MAR 0 9 1999
FISCAL IMPACT
A total reimbursement of $ $ 1,765.00 may be anticipated by voluntary action or
foreclosure. The only cost to be incurred by the Count,;, is the cost of recording the Lien,
which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement
account # 111-138911.
GROXVIH MANAGEMENT IMPACT Not applicable.
RECOMMENDATION
That the Board of County Commissioners adopt the attached Resolutions.
PREPARED BY:
Melody Bridgeart, Customer Sen'ice Representative
Code Enbrcement
~VIEWED BY:
JU!~ Belanger ,~enior Custo%er Service Agent
Code Enforcement
REVIEW'ED BY:
Miche!le Ed~'ards Arnold, Director
Code Enforcement
DATE:
Vincent A. Cautero, AICP, Administrator
Community De,,'. & Environmental Svcs.
CSce 8 - 6/91
N [
MAR 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
William D Roberrs, Deceased
Robert A Roberrs and Richard H Roberts, Co-Trustees
POBox 1716
Belleview, FL 34421
REFERENCE 80615-005 #00122240007 LIEN NUMBER:
LEGAL DESCRIPTION:
Beginning at the Southwest corner of the Southwest Quarter (Sw ~) of the Northwest Quarter (NW
~) of Section 4, in Township 47 South, Range 29 East, thence North 3 degrees 03 minutes West
along the West boundary of sald Section 4 330 feet, thence North 86° degrees 21 minutes East
16 ~ feet to the East boundary of the county road and the point of beginning of the land
hereby conveyed; thence North 3 degrees 03 minutes West and along the East side of said county
road 824 feet to an intersection w~th the West boundary of State Road No. 164; thence along
the Westerly and Southerly boundary of said State Road No. 164 in an Easterly, direction a
distance of 1005.3 feet to the North boundary of the land of W.D. Roberts, which point is due
East of the point of beginning, thence South 86 degrees 21 minutes West along the North
boundary of said W.D. Roberts land 543 ~ feet to the point of beginning, containing 4.13
acres, more or less.
You, as the owner cf the Frcperty above described, as recorded in the records maintained by the
office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on
6/15/98, order The aba~emenz of a certaln nuisance existing on the above property prohibited by
Ordinance 91-4', serv2ng notice thereof upon you, such nuisance being:
Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a
subdivision other than Golden Gate Estates.
Weeds over 18".
You failed to aba:e such nuisance; whereupon, it was abated by the expenditure of public funds at a
direct cost of $ 300.00 and administrative cost of $200.00 for a total of $ 500.00. Such costs, by
Resolution cf the Board cf County Commissioners of Collier County, Florida, have been assessed
against the above property on and shall become a lien
on the property zh!rty (30~ days after such assessment.
You may request a hearing before the Board of County Commissioners to show cause, if any, why the
expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why
such expenses should not constitute a lien against the property. Such request for hearing must be
made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in
writing wlzhln thirty (30) days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce /e3 MAR 0 9 1999
RESOLUTION NO. 99-
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~hNCE
8 WITH ORDINANCE 91-47.
9
]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed
]2 agains~ such propertb~; and
13
14 WHEREAS, ~he cost thereof lo the County as to each parcel shall be calculated and
15 reported ~c the Board of County Commissioners, together with a description of said parcel; and
16
17 WHEREAS, such assessment shall be a legal, valid and blnding obligation upon the
]8 property against which made unt!l paid; and
19
20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
22 cf NetLos of Assessmenz after which interest shall accrue at a rate of twelve percent (12.0%)
22 per ann'~. on an3~ unpaid pcrzion thereof.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
25 FLORIDA, that the propert]' described as follows, and having been abated of a public nuisance
26 after due and proper notice thereof to the owner of said property, is hereby assessed the
27 following ccszs of such abatement, to wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30
31 William D Robarts, Deceased Beginning at the Southwest $500.00
32 ~"~obert A Roberrs and Richard comer of the Southwest Quarter
33 Robarts, Co-Trustees SW~) of the Northwest Quarter
34 ~O Box 1716 (NW ~) of Section 4, in Township
35 Belleview. FL 34421 47 South, Range 29 East, thence
36 North 3 degrees 03 minutes West
37 along the West boundary of said
38 Section 4 330 feet, thence North
39 86° degrees 21 minutes East 16~
40 feet to the East boundary of the
42 county road and the point of beginning
42 of the land hereby conveyed; thence
43 North 3 degrees 03 minutes West
44 and along the East side of said county
45 road 824 feet to an intersection
46 with the West boundary of State
47 Road No. 164; thence along the Westerly
48 and Southerly boundary of said State
49 Road No. 164 in an Easterly, direction
50 a distance of 1005.3 feet to the North
5] boundary of the land of W.D. Roberrs,
52 which point is due East of the point
53 of beginning, thence South 86 degrees
54 21 minutes West along the North boundary of
55 said W.D. Roberrs land 543 ~ feet
56 to the point of beginning, containing
57 4.13 acres, more or less.
58
59 REFERENCE:
60 80615-005 #00122240007
62
62 The Clerk cf the Board shall mail a notice of assessment of lien to the owner or
63--"'wners cf the above described property, and if such owner fails to pay such assessment
64 thin thirty ~30) days hereof, a certified copy of this Resolution shall be re~orde~D~
65 fficial reocrds of Collier County, to constitute a lien against such property
66 law, unless such direction is stayed by this Board upon appeal of the assessmet of the
67 owner.
MAR 0 9 999
68 This Resclutzon adc'pted after motj. on, second and majority vote.
69 DATE D:
70
7] ATTEST: BOARE' OF COUNTY COMMISSIONERS
72 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
73
74
75 BY:
76 Pamela S Mac' Kie, Chairwoman
77
78 APPROVED AS TO FORM
, SUF'iC E ~ :
80 ~l ,
=~ =L
85 CSce ll - i/1/99
MAR 0 9 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
William D Roberrs, Deceased
Robert A Roberrs and Richard H Roberrs, Co-Trustees
PO Box 1716
Belleview, FL 34421
REFERENCE 80615-006 #00122280009 LIEN NUMBER:
LEGAL DESCRIPTION:
Tax Parcel 33 described as The South ~ of the SW ~ of the SW ~ of the NW ~, less
road right-of-way, Section 4, Township 47 South, Range 29 East, Collier County,
Florida.
You, as the owner of the property above described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance
existing on the above property prohibited by Ordinance 91-47, serving notice thereof
you, such nuisance being:
Prohibited accumulation of non-protected mowable vegetation in excess of 18" in
height in a subdivision other than Golden Gate Estates.
Weeds over 18"
You failed to abate such nulsance; whereupon, it was abated by the expenditure of
public funds at a direct cost of $ 300.00 and administrative cost of $200.00 for a
total of $ 500.00. Such costs, by Resolution of the Board of County Commissioners of
Collier County, Florida, have been assessed against the above property on
and shall become a lien on the property thirty (30) days after such assessment.
You may request a hearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the County under this Ordinance are
unwarranted or excessive or why such expenses should not constitute a lien against the
property. Such request for hearing must be made to the Clerk of the Board of County
]issioners, Government Center, Naples, Florida 34112 in writing within thirty (30)
/ ·
days from the date of this assessment to be valid. N~G~/
cLERK, BOmU OF CO Y CO ISSIOm RS MAR 0 9 1999
CSce 9-1/93
]
2 RESOLUTION NO. 99-
3
4
5 A RESOLUTION OF THE BO;~RD OF COUNTY COMMISSIONERS
6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
7 THE A3ATEMENT OF PUBLIC N'UISA/~CE, IN ACCORDANCE
8 WiTH ORDINANCE 91-47.
9
]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
1] nuisances, lncluding prescribed administrative cost incurred by the County, shall be assessed
]2 against such property; and
]3
]4 WHEREAS, the cost Thereof to the County as to each parcel shall be calculated and
15 reported to the Board of County Commissioners, together with a description of said parcel; and
]6
17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
18 property against which made until paid; and
19
20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
2] of Notice cf Assessment after which interest shall accrue at a rate of twelve percent (12.0%)
22 per annum on any unpaid portion thereof.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
25 FLORIDA, that Lhe property described as follows, and having been abated of a public nuisance
26 after due and proper notice thereof to the owner of said property, is hereby assessed the
27 following costs of such abatement, to wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30
3] William D Roberrs, Deceased Tax Parcel 33 described $500.00
32 Robert A Roberrs and Richard as The South ~ of the SW~
33 M Roberts, Co-Trustees of the SW ~ of the NW~, less
34 PO Box 1716 road right-of-way, of Section
35 Belleview, FL 34421 4, Township 47 South, Range 29
36 East, Collier County, Florida.
37
38 REFERENCE:
39 80615-006 #00122280009
40
4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or
42 owners of the above described property, and if such owner fails to pay such assessment
43 within thirty (30: days hereof, a certified copy of this Resolution shall be recorded in the
44 official records of Collier County, to constitute a lien against such property according to
45 law, unless such direction is stayed by this Board upon appeal of the assessment of the
46 owner.
47 This Resolution adopted after motion, second and majority vote.
48 DATED:
49
50 ATTEST: BOA3~D OF COUNTY COMMISSIONERS
5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
52
53
54 BY:
55 Pamela S Mac'Kie, Chairwoman
56
57 APPROVED AS TO FORM
59 AGEND IT
61 ~k IE
64 CSce 11 1/1/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"' LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
Hubert & Christa Hein
% William Scherer
232 Pebble Beach Cir #201
Naples, FL 34113
REFERENCE 80714-042 #57854280003 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 16, Block 327 of Marco Beach Unit TEN, a Subdivision according to the Plat
thereof, recorded in Plat Book 6, Page 74-79, of the Public Records of Collier
County, Florida.
You, as the owner cf the property above described, as recorded in the records
maintained by the offlee of the Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 7/14/98, order the abatement of a certain nuisance
existing cn ~he adore property prohibited by Ordinance 91-47, serving notice thereof
u~p_~n you, such nuisance being:
Prohibited accumulation of non-protected mowable vegetation in excess of 18" in
height in a subdivision other than Golden Gate Estates·
Weeds over 18".
You failed zc aDaze such nuisance; whereupon, it was abated by the expenditure of
public funas al a direct cost of $ 45.00 and administrative cost of $200.00 for a total
of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier
County, Florida, nave been assessed against the above property on
and shall become a lien on the property thirty (30) days after such assessment.
You may request a hearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the County under this Ordinance are
unwarranted cr e>zcessive or why such expenses should not constitute a lien against the
property. Such request for hearing must be made to the Clerk of the Board of County
Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30)
from the date of this assessment to be valid ~ ~
CLERK, BOARD OF COUNTY COMMISSIONERS
MAR 0 9 1999
CSce 9- 1/93
]
2 RESOLUTION NO. 99-
3
4
5 A RESOLUTION OF THE BO~RD OF COUNTY COMMISSIONERS
6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
7 THE A3ATEMENT OF PLrBLIC N%~ISANCE, IN ACCORDA/qCE
8 WITH ORDINA/~CE 91-47.
9
]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed
]2 against such property; and
]3
]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
]5 reported to the Board of County Commissioners, together with a description of said parcel; and
16
]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
]8 property against which made until paid; and
20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%)
22 per annum on any unpa2d portion thereof.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
25 FLORIDA, Ehat the property described as follows, and having been abated of a public nuisance
26 after due and proper notice thereof to the o~rner of said property, is hereby assessed the
27 following costs of such abatement, to wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30
3] Hubert & Christa Hein Lot 16, Block 327 of Marco $245.00
32 % William Scherer Unit TEN, a Subdivision
33 232 Pebble Beach Cir #201 according to the Plat thereof,
34 Naples, FL 34113 recorded in Plat Book 6, Page
35 74-79, of the Public Records
36 of Collier County, Florida.
37
38 REFERENCE:
39 80714-042 #57854280003
40
41
41 The Clerk of the Board shall mail a notice of assessment of lien to the owner or
43 owners cf the above described property, and if such owner fails to pay such assessment
44 within thirty ~30~ days hereof, a certified copy of this Resolution shall be recorded in the
45 official records of Collier County, to constitute a lien against such property according to
46 law, unless such direction is stayed by this Board upon appeal of the assessment of the
47 o~rner.
48 This Resolution adopted after motion, second and majority vote.
49 DATED:
50
5] ATTEST: BOARD OF COUNTY COMMISSIONERS
52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
53
54
55 BY:
56 Pamela S Mac'Kie, Chairwoman
57
58 APPROVED AS TO FORM
59 /~,~EGAL SU FI~IE~CY: _
MAR 0 9 1999
65 CSce 11 - 1/1/99
~'___ ~ --
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
---- LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
James & Beatrice Bruskay
8839 S Beck P1
Hometown, IL 60456
REFERENCE 80723-073 #62100200007 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 4, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file
and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67
and 68.
You, as t~e owner of the property above described, as recorded in the records
maintainec tt? the elfLee of the Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance
exiszin~ cn ~he above property prohibited by Ordinance 91-47, servinc notice thereof
upon you, such nuisance ~eing:
Prohibited accumulation of non-protected mowable vegetation in excess of 18" in
height in a subdivision other than Golden Gate Estates.
Weeds over 18".
You failed zc -.tale suzh nuisance; whereupcl, it was abated by the expenditure of
publzc runes az a dlrecz cost cf $ 60.00 and administrative cost of $200.00 for a total
of $ 260.00. Such zosLs, by Resolution of the Board of County Commissioners of Collier
County, Florida, have been assessed against the above property on
and shall become a lien cn the property thirty (30) days after such assessment.
You may request a hearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the County under this Ordinance are
unwarranted or excessive or why such expenses should not constitute a lien against the
property. Such request for hearing must be made to the Clerk of the Board of County
ConurLissioners, GovernmenE Center, Naples, Florida 34112 in writing within thirty (30)
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- i/93
MAR 0 9 1999
_
]
2 RESOLUTION NO. 99-
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
8 WITH ORDINANCE 91-47.
9
]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
I1 nuisances, including prescribed administrative cost incurred by the County, shall be assessed
12 agalnst such property; and
13
]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and
15 reported to the Board of County Commissioners, together with a description of said parcel; and
16
17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
]8 property against which made until paid; and
19
20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
2] of Notice of Assessment after whicr interest shall accrue at a rate of twelve percent (12.0%)
22 per annum on any unpaid portion thereof.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS' OF COLLIER COUNTY,
25 FLORIDA, that the property described as follows, and having been abated of a public nuisance
26 after due and proper notice thereof to the owner of said property, is hereby assessed the
27 follcwin9 costs of such abatement, tc wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30
3] James & Beatrice Bruskay Lot 4, Block 12, NAPLES MANOR $260.00
32 8839 S Beck P1 kDDITION, according to the plat
33 Hometown, IL 60456 thereof, on file and recorded
34 in the Public Records of Collier
35 County, Florida, PB 3 Pages 67
36 and 68.
3'
38 REFERENCE:
39 80723-073 #62100200007
40
4]
42 The Clerk cf the Board shall mail a notice of assessment of lien to the owner or
43 owners cf the above described property, and if such owner fails to pay such assessment
44 within thirty !30) days hereof, a certified copy of this Resolution shall be recorded in the
45 official records of Collier County, to constitute a lien against such property according to
46 law, unless such direction is stayed by this Board upon appeal of the assessment of the
47 owner.
48 This Resolution adopted after motion, second and majority vote.
49 DATED:
50
51 ATTEST: BOARD OF COUNTY COMMISSIONERS
52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
53
54
55 BY:
56 Pamela S Mac'Kie, Chairwoman
57
58 APPRO~YD AS TO FORM
s9 AND] LEG~ SUFFm IiNCY:
· J ~ N
65 CSce 11 - 1/1/99
BOARD OF COUNTY CO~4ISSIONERS
COLLIER COUNTY, FLORIDA
,-, LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
James & Beatrice Bruskay
8839 S Beck P1
Hometown, IL 60456
REFERENCE 80723-074 #62100200007 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 3, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file
and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67
and 68.
You, as %he cwner of zne ~roperiy above described, as recorded in the records
maintained b)~ 2he office of the Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 7/23/98, order the abatement of a certain nuisance
existin~ on the abcve property prohibited by Ordinance 91-47, serving notice thereof
upon you, such nuisance being:
Prohibited accumulation of non-protected mowable vegetation in excess of 18" in
height in a subdivision other than Golden Gate Estates.
Weeds over 18"
You fa__ed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct ccst of $ 60.00 and administrative cost cf $200.00 for a total
of $ 260.00. Such ccsts, by Resolution of the Board of County Commissioners of Collier
County, Florida, have been assessed against the above property on
and shall become a 12on cn the property thirty (30) days after such assessment.
You may recuest a hearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the County under this Ordinance are
unwarranted or excessive or why such expenses should not constitute a lien against the
property. Such requesl for hearing must be made to the Clerk of the Board of County
Commissioners, Gcvernment Center, Naples, iiorida 34112 in writing within thirty (30)
days from the date of this assessment to be valid.
cLE , BOAR OFCOMMISSiOnERS-
CSce 9-1/93
MAR 0 9 1999
1
2 RESOLUTION NO. 99-
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
6 PROViDiNG FOR ASSESSMENT OF LIEN, FOR THE COST OF
7 THE AOATEMENT OF PL~LIC NUISANCE, IN ACCORDANCE
8 WITH ORDINANCE 91-47.
9
10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain
]1 nuisances, inc!ud~ng prescribed administrative cost incurred by the CoUnty, shall be assessed
12 against such property; and
]4 WHEREAS; the cost thereof to the County as to each parcel shall be calculated and
15 reported to the Board of County Commissioners, together with a description of said parcel; and
16
]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the
]8 property against which made until paid; and
19
20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing
21 of Notice cf Assessment after which interest shall accrue at a rate of twelve percent (12.0%)
22 per annum on any unpaid portion thereof.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
25 FLORIDA, that the property described as follows, and having been abated of a public nuisance
26 after due and proper notice thereof to the owner of said property, is hereby assessed the
27 following costs of such abatement, to wit:
28
29 NAME: LEGAL DESCRIPTION: COST
30
31 James & Beatrice Bruskay Lot 3, Block 12, N~PLES b~%NOR $260.00
32 8839 S Beck P1 ADDITION, according to the plat
33 Hometown, IL 60456 thereof, on file and recorded
34 in the Public Records of Collier
35 County, Florida, PB 3 Pages 67
36 and 68.
37
38 REFERENCE:
39 80723-074 #62100200007
40
41
42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or
43 owners of the above described property, and if such owner fails to pay such assessment
44 within thmrty (33) days hereof, a certified copy of this Resolution shall be recorded in the
45 official records of Collier County, to constitute a lien against such property according to
46 law, unless such direction is stayed by this Board upon appeal of the assessment of the
47 owner.
48 This Resolutlon adopted after motion, second and majority vote.
49 DATED:
50
5] ATTEST: BOARD OF COUNTY COMMISSIONERS
52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
53
54
55 BY:
56 Pamela S Mac'Kie, Chairwoman
57
58 APPROV'ED AS TO FORM
S FFI IENCY:
61 .... ~ .
62 (~,-DAVID WEIGEL
63~ COUNTY ATTORNEY
64 MAR 0 9 1999
65 CSce ll - 1/1/99
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF QUAIL WALK
PHASE FOUR AND APPROVAL THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of Quail Walk Phase Four.
CONSIDERATIONS:
The Board of County Commissioners on October 21, 1997 approved
the final plat of Quail Walk Phase Four with the stipulation that
the plat not be recorded until security was provided to ensure
completion of the required subdivision improvements.
FISCAL IMPACT:
The fiscal impact to the County is listed below. The
project cost is $114,442.25, to be borne by the developer.
The security amount, equal to 100% of the costlto complete the
remaining improvements and 10% of the total cost of the project, is
$11,129.43 (based on actual contract cost). The developer has
provided a Letter of Credit as the required security. The County
will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $2513.57
Fees are based on a construction estimate of $114,442.25 and were
paid in August 1997, and are reflected in the Executive Summary of
October 21, 1997.
MAR 0 9 1999
Executive Summary
Quail Wal;{ Phase Four
" Page 2
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of
"Quail Walk Phase Four", with the following stipulations:
1) Accept the Letter of Credit as security to guarantee
completion of the Subdivision improvements.
2) Authorize the recording of the final plat of "Quail Walk
Phase Four"
3) Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
4) That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
.
Thomas E. Kdck, P.E. Date
Engineering Review Manager
ere, AICP Date
Planning Services Departme'-.: Director
V t A. Cautero', AICP, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
MAR 0 9 1999
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
II~,ff'ROVEMENTS entered into this day of ., 1999 between
Longshore Lakes Joint Venture, a Florida General Partnership, and Longshore Lake Homes,
L.P., a Delaware Limited Partnership, hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
RECITALS
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
"Quail Walk, Phase Four"
B. Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: water, sewer, roadway, drainage,
and street lighting within 36 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of $11,129.43 which
amount represents 10% of the total contract cost to complete construction plus 100% of the
estimated cost to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to
complete such improvements within the time required by the Land Development Code, Collier
County may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a
statement of substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Land Development Code.
\\Hma_naples\WP\ 1992\ 1992075\WTCXcmasi .doc
MAR 0 9 1999
5. The Development Services Director shall, within sixty (60) days of receipt
of the statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to
approve improvements, therewith specifying those conditions which the Developer must fulfill in
order to obtain the Director's approval of the improvements. However, in no event shall the
Development Services Director refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the Development Services Director. After the
one year maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the remaining 10% of the subdivision performance security.
The Developer's responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within
every six (6) months thereafter the Developer may request the Development Services Director to
reduce the dollar amount of the subdivision performance security on the basis of work complete.
Each request for a reduction in the dollar amount of the subdivision performance security shall
be accompanied by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the Development Services Director. The
Development Services Director may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations
under this Agreement, upon certification of such failure, the County Administrator may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be binding upon
the Developer and the respective successors and assigns of the Developer.
\\Hma_naples\WP\1992\1992075\WTC\cmasi .doc
MAR 0 9 1999
.............. .,:~,..,:~U~AA..'~,~ I"IOPIE-q ID:941 594 0009 PAGE S/1S
1'~ WIYklF..~S WI't[ER~OF, the. Board and Develop~ kave ~au.~xI thi~ A~reement ,,o bc cxcculed
byth~dulyautho.'ix~~vclhis__d~of 1999.
~i~m~d, Scaled and Delive~l Lon~shorc L~ Joint V~c
B~ N~I~ ~~, ~c.
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45~ Ex~u~ve ~ve, Suite
N~t~ ~ 34119
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do~ b~ m ~e S~e of~
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and Vice President
MAR 0 9 1999
Attest: Board of County Commissioners
Dwight E. Brock, Clerk of Collier County, Florida
By:
Deputy Clerk pame, la S.. Mac ' Kie
Chairwoman
Approved as to form and legal
sufficiency:
,.,Dhvid C. Weigel
Collier County Attomey
MAR 0 9 1999
w:\1992\1992075\WTC\cmagsiS0617.doc
FIRST NATIONAL BANK
OF NAPLES
P.O. Box 413043
Naples, Florida 34101-3043
Phone: (941) 262-7600
Fax: (941) 262-6267
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 12'98-0174
ISSUER: First National Bank of Naples (hereinafter "Issuer").
900 Goodlette Road North
Naples, Florida 34102
PLACE AND DATE OF ISSUE: 900 Goodlette Road North
Naples, Florida 34102
December 22, 1998
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until December 22, 1999 and
shall thereafter be automatically renewed for successive one-year periods on
the anniversary of its issue unless at least sixty (60) days prior to any
~/3ch anniversary date, the Issuer notifies the Beneficiary in writing by
-istered mail that the Issuer elects not to so renew this Credit.
APPLICANT: Longshore Lakes Joint Venture, a Florida corporation.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida
(hereinafter "Beneficiary") Collier County Courthouse Complex, Naples,
Florida 34112.
AMOUNT: $11,129.43 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at
sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON
THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY
THE COUNTY MANAGER, CERTIFYING THAT: "Longshore Lakes Joint Venture has
failed to construct and/or maintain the water improvements as shown on the~/
plans for the subdivision known as Quail Walk Phase IV or a final inspection
satisfactory to Collier County, pursuant tc Cc!licr Ccunty Ordinance No.
-~= ...... ~ has not been performed prior to the date of expiry, and
satisfactory alternative performance security has not been provided to and
formally accepted by the Beneficiary."
D3~AFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
· st National Bank of Naples' Credit No. 12-98-0174, dated December
~8." The original letter of credit and all amendments, if ~ny,N~a[e~
presented for proper endorsement.
MAR 0 9 1999
"Wkere little things make a BIG difference."
FIRST NATIONAL BANK
OF NAPLES
RO. Box 413043
Naples, Florida 34101-3043
Phone: (941) 262-7600
Fax: (941) 262-6267
Longshore Lakes Joint Venture
Letter of Credit ~12-98-0174
Page 2
This Letter of Credit sets forth in full the terms of the Issuer's
undertaking and such undertaking shall not in any way be modified, amended,
or amplified by reference to any documents, instrument, or agreement
referenced to herein or in which this letter of credit relates, and any such
reference shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in
compliance with the terms of this credit will be duly honored by Issuer if
presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for
Documentary Credits (1993 Revision) International Chamber of Commerce
Publication No. 500.
FIRST NATIONAL BANK OF NAPLES
By: -;
eha ~-v S~mmons, vice President
MAR 0 9 1999
"Where little things make a BIG difference."
EXECUTIVE SUMMARY
REQUEST THE BOARD REVIEW AND APPROVE A ROAD IMPACT FEE REFUND IN THE
AMOUNT OF $1,738.00
OBJECTIVE:
To have the Board review and approve a request from The Club Estates Realty, Inc. for a Road Impact
Fee Refund in the amount of $1,738.00.
CONSIDERATIONS:
In 1998, Club Estates paid a Road Impact Fee in the amount of $2,773.00 to remove 1,320 loads of fill
material from Club Estates. In November 1998 they provided documentation to Mr. Edward Kant,
Transportation Services Director, that 493 load of fill material were removed and requested a refund.
Mr. Kant has re-computed the road impact fee based on the documentation provided by Club Estates
and determined that the revised fee should be $1,035.00 (copy of Mr. Kant's letter and Road Impact
Fee Worksheet attached).
Based on the revised quantity of fill material removed from the site and on the recommendation from
the Transportation Department we request consideration for a refund in accordance with Section
3.07B( 1 ) of the Road Impact Fee Ordinance.
FISCAL IMPACT:
The proposed road impact fee will be $1,738.00. The transition will be posted as a debit (decrease in
year-to-date receipts) against Road Impact Fee Revenues, Road Impact Fee District No. 4 (336).
GROWTH MANAGEMENT IMPACT:
The imposition of the proposed road impact fee is consistent with the County's Growth Management
Plan.
PLANNING COMMISSION RECOMMENDATION:
Recommend that Board review this request and approve a refund to The Club Estates Realty, Inc. in
the amount of $1,738.00; the Board authorize Staff to prepare the necessary documentation to comply
with the Board's direction.
MAR 0 9 1999
1
PREPARED BY
THOMAS E. KUCK, P.E. DATE
PLAN REVIEW MANAGER/COUNTY ENGINEER
REVIEWED BY:
PL W~KAN MENT DIRECTOR '~-, ~ ?
ED T~ ~ DATE
VINCENT A. CAUTERO, MCP, ~MINIST~TOR DATE
COMMUNITY DEV. ~D ENVIRONMENT~ SVCS.
THE CLUB ESTATES EX SUMMARY/md
MAR 0 9 1999
COI_LIER COUNTY GDVERN1V!F_ NT
TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL
NAPLES, FL. 34112
(941) 774-8494
FAX (941) 774-5375
A CERTIFlJD BLUE CHIP COMMUNITY
November 11, 1998
Kcith Davison, Director of Marketing ~ud S',ales
The Club estates Realty, Inc.
4141 CR951
Naples, FL 34i 14
Ee: Adjustment of Eoad Impact Fee for Fill Kemoval
Dear lVLr. Davison:
Thank you for your letter of November 3, 1998, in which you provided copies of truck
lick~s and information related to the actual.'tmul of fill from the Club Estates to
Silverlake RV Park.
We have re-computed the road impact fee based on the information provided and we find
the revised fee to be $1,035.00. The origin~] fee comp~xtation indicated a payment of
$2,773.00. Therefore, it appears that you ar~ due a refund of $1,738.00.
Please provide a copy of this letter to the Cbmmunity Development Division (Mr. Tom
Kuck, P.E.) to expedite the processing of your request. If there are any questions or ffyou
seek additional information, please contact me at 774-8494.
VeTy truly yours,
es Director
ee: Tom Kuck, P.E., Engineering Revi~ Manager
Johnny Gebhardt, Customer Servie~ Manager
Stev~ S~al, P.E., Senior Endricer
File: Club Estates
MAR 0 9 1999
pg. -~
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CATAMARAN COURT
AT TARPON COVE", AND APPROVAL OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Catamaran Court at Tarpon
Cove", a subdivision of lands located in Section 16, Township 48
South, Range 25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Catamaran
Court at Tarpon Cove". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All
fees have been paid. It is the intent of the developer to record the
plat prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by construction and maintenance agreement and a
Performance Bond. This would be in conformance with the County Land
Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
"Catamaran Court at Tarpon Cove" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $122,542.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $29,945.00
b) Drainage,
Paving, Grading - $92,597.00
The Security amount, equal to 110% of the
project cost, is $134,796.00
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $2610.06
Fees are based on a construction estim~te 8fI_ _ ~
$122,542.00and were paid in December, 1998
MAR 0 9 7999
Executive Summary
Catamaran Court at Tarpon Cove
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 437.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 149.73
Drainage,
Paving, Grading (.425% const. est.) $393.54
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $ 449.18
Drainage,
Paving, Grading (1.275% const. est.) - $1180.61
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
~-- "Catamaran Court at Tarport Cove" with the following stipulations:
1. Accept the Performance Bond as security to guarantee
completion of the subdivision improvements.
2. Authorize the recording of the Final Plat of "Catamaran
Court at Tarpon Cove"
3. Authorize the Chairman to execute the attached construction
and maintenance agreement.
4. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
MAR 0 9 1999
Executive Summary
Catamaran Court at Tarpon Cove
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
n ce partment Director
Vincent A. Cautero, AICP, Administrator date '
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
MAR 0 9 1999
....... ~ ,, ,5,5-~ rass Koan, ancl the north and west by undeveloped land as shown in Figure 1.
J I I
(t~-,~-~ LEE COUNTY'~
,
, ,,
? ' ~ t ~ ~ COLUER COUN' Y
e-as-2
'F
/--
..
: E o .T s, T ' '
16-49-25
·
': 8-~'~ ,~..48-~'5 13-48-~.5
--; ~.. 11JTH AVE ALOE .. ~- . _.~_'
MAR 0 9 1999
Document Prepared By
Mark W. Minor, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of 1999 between
WCI Communities, Limited Partnership hereinafter referred to as "Developer", and the Board
of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Catamaran Court At Tarpon Cove"
2. Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
.hereinafter set forth, Developer and the Board do hereby convenient and agree as
follows:
1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 36 months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A") and by reference made a part of in the amount of $134,796.00 which
amount represents 10570 of the total contract cost to complete construction plus 100% of
the estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
MAR 0 9 1999
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this __ day of , 1999.
Signed, Sealed and Delivered
in the presence of: WCI Communities, Limited Partnership
A Florida Limited Partnership
/ BY: A ~ P
(Printed or Typed Name)
Attest: Board of County Commissioners
Dwight E. Brock, Clerk of Collier County, Florida
BY:
Deputy Clerk Chairman
Approved as to form and legal sufficiency:
hvid C. Weigel '
(b~Collier County Attorney
F:TARP ~ N
I MAR 0 9 1999
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
Bond Number: 15-005-448
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI Communities Limited Partnership
24301 Walden Center Drive
Bonita Springs, FL 34 134
(hereina~er referred to as "Owner") and
Liberty Mutual Insurance Company
Boston, Massachusetts
(hereinafter referred to as" Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of ONE HUNDRED THiRTY-FOUR THOUSAND SEVEN HUNDRED
N~NETY-SIX DOLLARS AND TWENTY CENTS ($ 134,796.20), in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally firmly by these presents. Owner and Surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board a certain subdivision plat named CATAMARAN COURT AT TARPON COVE ,-and that certain;subdivision shall
include required improvements which are required by at COLLIER COUNT~ Ordinances and .Resolutions
(heroinafter "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is
: executed and shall'continue untilthe date of the final acceptance'by-the Board of County Commissioners :of the
specific improvements described in the Land development regulations (hereinafter~the guaranty period): :, .'" .. · · :
NOW, THEREFORE, if the Owner shall well, truly and f~ithfully':perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County, and
the Owner shall satisfy all claims and demands incurred and shall fully indemnify,and save harmless the County
from the against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall
reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change,
extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect
its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration,
addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and 'the Surety to the
full and faithful performance in accordance with the Land Development Regulations. The. term "Amendment,"
wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration,
addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND tO be executed tt is
of JANUARY, 1999
MAR 0 9 1999
DATED as of this ~ ~ V-'/L day of ~ 1999
]~:)c}bc;-~'~-,,, ~-,,R'x-<-,~>c,_R\ ~CI Communiti~ Limit~ Pa~nership
~s-Si~nature Steven C. Adelman
~/~/~Z~ VicePr~ident/Treasurer
~itn~s-Print~ Name
State of ~
County of ~
The forel~oint~ instrument was acknowledged before me by Steven C. Adelman, Vice
President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership.
Personally known x~ or Produced identification ~.. Type of identification produced
(Affix notary seal) ,~pul~lia. T,c ,~.
LINDA F_ Hll~C~IN~ My Commission Expire:
~nd~ ~ ~ce Ins
~. CC603722
Notary Printed Name
MAR 0 9 1999
t
DATED as of this 28'" DAY OF JANUARY, 1999.
· ~ LIBERIY MUTUAL INSURANC~ COMPANY
ture
JOHN D. MILLER
Witness-Printed Name , /~ ^
Witness-Signature ,
DIANA FIGUEROA ~ . .
NATALIE REINGOLD ~ ~,-, '.:
Witness Printed Name TffLE ATTO~NEY-IN-FAa ", ~. ".' % ""'
State of Connecticut
County of Fairfield
The foregoing instrument was acknowledged before me by Natalie Reingold on behalf of LIBERIY
MUTUAL INSURANCE COMPANY. Personally known x or produced identification Type of identification
produced
WITNESS my hand and official seal this 28'" DAY OF J~RY~'
(Affix notary seal)
My
ELY PSIJAS
NOTARY PmNTED NAME
ELY PSIJAB
NOT.4RY PUBLIC
COUN1'E~Si,,,ai,~ATi.JRE Nff COt~ISSION EXHRES SEPT. 30, ~L'~.t
' i_j'~ense~l:!esic~('n~ Agent
NANCY H. ZALESKI
! MAR 0 9 1999
THIS ~OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5 2 3 3 5 8
,.
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-law ana Authorization hereinafter set forth, does hereby name,
constitute and appoint,
JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES
L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT .............. ~; .....................
.................... · ............................... , .................... , ........ .,,,;o .....................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds. recogmzances and other surety obligations in the penal sum not exceeding
I;'11~!'~/till I I/'IM*Hr**wt**tttht******t*~lrl~Hr*~h~***~t"**~**t** DOLLARS ($ 50 000 0'******** ) each, and the execution of such bonds or
'u'r~d~ta'~iR'~:T~'~ursuance of these presents, shall be as binding upon the CompaF~ as iP~ey had been duly signed by the president and attested by
4.; the secretary of the Company in their own proper persons.
O That th~s powe s made a p y ty - :
~ ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. . .
..~ ~ Any off cer or other official of the company authorized for that purpose in w" g y P ~ ,
C ~ limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necess.ary to act in behalf of the
.~ ~ company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognszances and other surety
- .~ obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have u power to bind the
~--~ ~ company ~y their signature and e;<'ecution of any such instruments and to attach thereto the seal of the company. When so executed such
~ ~ instruments shall be as binding as if signed by the president and attested by the secretary.
~-~ ~ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys*in-fact:
;'~ Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby autbo 'zed to app ' y -' .-
~ '~ as may be necessary to act in behalf of the company to ma e, execu e, , g su ty y g ,
~ bonds, recognizances and other surety obligations.
~t the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
~ ~ IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company has been affixed t r:et~ n P ymouth Meeting, Pennsylvania this ~ '7+h day of December 19 98 ·
~' '~ ' '~ N RANCE COMPANY
By
1~ 'E Garnet W. Elliott, Assistant Secretary
O._
t= j COMMONWEALTH OF PENNSYLVANIA ss
O ,¢1 COUNTY OF MONTGOMERY
· - t,J On this 17th day of r'l=,,-,~ml',~r , A.D. 19 9~ . before me, a Notary Public, personally came the individual, known to
), e me to be the therein desc ' ' ' idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled-
~ ~ gad that he executed the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate
Z seal and his signatu was duly affixed and subscribed to the said instrument by authority and direction of the said company.
IN TESTIMO set my hand and affix my official seal at Plym~ng, P,~~ear first above written.
p.~. ~,.': ~,.. ': _! '~ . .. Notary Public /
CERTIFICATE
under ' ~ copry,eis in full force and effect on the date of this certificate; and I do further cedity that the officer who executed
I, the of Libedy Mutual Insurance Company, do hereby certify that the original power of attorney of which the
is a true an~:
foregoing full,
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Adicle
XVI, Section 5 of the By-laws of Libany Mutual Insurance Company.
This cedificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
------ though manually affixed.
--__v,j..· i MAR 0 9 1999
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI ~r-b~Cfet/lber 1}7 ,20
Libenvy Mutual Insunnce Company
Statutory Balance Sheet
(dollars in thousands)
Assets ~
Bonds .............. 11,609,662
Common A- PredexTed Stocks__ -- 4,~6~
Real ~le ........ 128~01
C~h ~ Sho~-Te~ Invu~en~-- 242,~70
O~ lnv~i~ ~ ................................................ 271,268
Subtatal ~h a~d ~v~t~ ~ ...................................................................... 16,698,7N
Pm~um ~ Cou~ of CoH~ion*: ..... ~ .................................................................... 1~21 ,~] 6
Re__rice R~verabl~ on ~ and ~s Adjus~eni ~e Pa~enU .................................... 1~30
Inter~t, ~vid~ and Real ~Ule ~Qme ~e and Acc~ .................................................................. 1~,557
O~er ~se~ ............................................................................................................. ~9,394
TOTAL ADMITlED ASSETS ......................................................................... 19,352,181
Liabilities and Surplus
Reserve for Lc~ses and Loss Adjustment .F_.xpenses .................................................................................... i0,208.483
Reserve for Unearned Premiums_:. ................................................................................................... 1,629,8.32
Relnsurance Payabie on Paid Loss and Loss Adiustment Expenses ............................................................... 36,194
Federal Income Tax and State Premium Tax Accrued ................................................................................. 91,774
Other Liabilities .... : ........................................................................................................................ 1,3 19,565
TOTAL LLAB[LFFIES ........................................................................................................................ 13,285,848
Unassigned Surplus. ................................................................................................................. 4,924,567
Guaranty Funds .......................................................................................................................... 1,250
SurF[us Notes ................................................................................................................ 1,140,516
TOTAL SURPLUS ........................................................................................................................ 6,066,333
TOTAL LIABILITIES AND SURPLUS ................................................................................ 19,352,181
('Excludes produrns more than ~O days due)
COMMONWEALTH OF MASSACHUSETTS
SS:
COUNq'Y OF SUFFOLK
Dennis Langwe]l, b~ing duly sworn, says: That he is Vice President and Comptroller olr Liberty Mutual Insurance Company; that
said Company is a mutual insurance company duly organized, existing and engaged in business as a surety by '4true of the laws of
sud laws; that said Company bums also complied with and is duly quded to act as surety on federal bonds under ~tion 93~ of
TrUe 31 of the Urdted States Code.
That the foregohng is a full, true and correct statement of the finandal condition of said Company an the 31st day December, 1997.
Sworn to before me this 31st day of March, 1~98
pg. _//.=__
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VENEZIA AT GREY
OAKS", AND APPROVA~ OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Venezia at Grey Oaks", a
subdivision of lands located in Section 24, Township 49 South, Range
25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Venezia at
Grey Oaks". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to record the plat
prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by construction, maintenance and escrow agreement.
x"'This would be in conformance with the County Land Development Code -
~ivision 3.2.9.
Engineering Review Section recommends that the final plat of "Venezia
at Grey Oaks" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $463,816.70 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $110,038.20
b) Drainage,
Paving, Grading - $353,778.50
The Security amount, equal to 110% of the
project cost, is $510,119.00
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $8685.00
Fees are based on a construction estimate
$463,S16.70and were paid in December, 1998.
MAR 0 9 1999
Executive Summary
Venezia at Grey Oaks
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 470.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) $ 550.00
Drainage,
Paving, Grading (.425% const. est.- $1504.00
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $1650.00
Drainage,
Paving, Grading (1.275% const. est.) - $4511.00
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Venizia at Grey Oaks" with the following stipulations:
1. Accept the Construction, Maintenance and Escrow Agreement as
security to guarantee completion of the subdivision
improvements.
2. Authorize the recording of the Final Plat of "Venezia at
Grey Oaks"
3. Authorize the Chairman to execute the attached construction
and maintenance agreement.
4. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
MAR 0 9 1999
Executive Summary
Venezia aE Grey Oaks
Page 3
PREPARED BY:
J.,, ,~, ~ ~k~_\-~ ~,~.~ ~- ~ ;-
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Robert Mulhere, AICP Date
Planning Services Department Director
APpR0 -4
V ~
~ncen~ A. Cau e:o, AZCP, Adm~n2s~a~oz Da~e
Commun2~y DeveZopmen~ & Snv2~onmen~aZ Sezv~ces
Community Dev. and Snv~zonmen~aZ Svcs. DZVZSZON
~RH/ew
MAR 0 9 ]999
CONSTRUCTION, MAIN'rENANCE AND ESCROW AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
TH/S AGREEMENT, entered into this clay of ,1999 by SP, LLC (hereinafter
"Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID&
(hereinafter "The Board") and The Huntington National Bank, a National Banking Association (hereinafter
"Lender").
RECITALS:
A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by
theBoard of a certain plat of a subdivision to be known as Venezia ~ Grey Oaks.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Wilson, Miller,
Barton & Peek, a cop3' of which is attached hemto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required improvements" are limited to those described in the
Estimate.
C. Sections 8.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land
Development Code requires the Developer to provide appropriate guarantees for the construction
and maintenance of the Required Improvements.
D.Lender has entered into a construction loan agreement with Developer dated 16 October 1998 (the
· 'Construction Loan") to fund the cost of the Required Improvements.
E Developer m~d the Board have acknowledged that the anmunt Developer is required to guarantee
purstumt to this A~eement is $510,199.00, and this amount represents 110% of the Developer's
engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage, and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
Development Services Director within twelve months from the date of approval of said subdi~ision
plat.
2. Developer hereby authorizes Lender to hold $510,199.00 from the Construction Loan, in escrow,
pursuant to the terms of this Agreement.
3. Lender agrees to hold in escrow $510,199.00 from the Construction Loan, to be disbursed only
pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw
against the Construction Loan fund, but that only such funds as are actually disbursed, whether
pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest
4. The escrowed funds shall be released to the Developer only upon ~witten approval of the
Development Services Director who shall approve the release of the funds on deposit not more than
once a month to the Developer, in amounts due for work done to date based on the percentage
completion of the work multiplied by the respective work costs less ten percent (10%), and further,
that upon completion of the work, the Development Services Director shall approve the release of
any remainder of escrowed funds except to the extent of $46,382.00 which shall remain in escrow
as a Developer guaranty of maintenance of the Required Improvements for a minimum period of
one (1) year pursuant to Paragraph 10 of the Agreement. N~o.~O~,~5
MAR 0 9 1999
However, in the event that Developer shall fail to comply with the requirements of this Agreement then the
Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by
the Lender, as of the date of the demand, provided that upon payment of such balance to the Count)', the
Count)' will have executed and delivered to the Lender in exchange for such funds a statement to be signed
by the Development Services Director to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has failed to
comply with the requirements of this Agreement.
Co) The Count)', or its authorized agent, will complete the work called for under the terms of the
above - mentioned contract or will complete such portion of such work as the Count', in it's
sole discretion shall deem necessary in the public interest to the extent of the funds then held
in escrow.
(c) The escrow funds drawn down by the County shall be used for construction of the Required
Improvements, en~neering, legal and contingent costs and expenses, and to offset any
danrages, either direct or consequential, which the Count)' may sustain on account of the
failure of the Developer to carry out and execute the above - mentioned development work;
and,
(d) The Count).: will promptly repay to the Lender any portion of the funds drawn down and not
expertdeal in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of the specified funds to the
Developer. Payment by the Lender to the Developer of the amounts specifmd in a letter of
authorization by the County to the Lender shall constitute a release by the Count3.' and Developer of
the Lender for the funds disbursed in accordance with the letter of authorization from the CounD'.
6. The Required Improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by tt~e Development Services Director for compliance with the Collier
Count).' Subdivision Regulations.
7. The Development Sereices Director shall, within sixty. (60) days 9f receipt of the statement of
substantial completion. either: a) notify the Developer in writing of his preliminary approval of the
improvements: or b) notif).' the Developer in x~riting of his refusal to approve the improvements,
therewith specif)'ing those conditions which the Developer must fulfill in order to obtain the
Director of the Required Improvements. However, in no event shall the Development Services
Director refuse preliminary approval of the improvements ff they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board,
after duly considering the public interest, may at it's option complete the Required Improvements
and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender hable for any funds other than those placed in
deposit by the Developer in accordance with the foregoing provision: provided, that the Lender does
not release any monies to the De~;eloper or to any other person except as stated in this Escrow
Agreement.
10. The Developer shall maintain all Required Improvements for one year after preliminary approval by
the Development Services Director. After the one year maintenance period by the Developer and
upon submission of a ~winen request for inspection, the Development Services Director shall
inspect the Required Improvements and, ff found to be still in comphance with the Code as reflected
by final approval by the Board, the Lender' s responsibility to the Board under this Agreement is
terminated. The Developer's responsibility for maintenance of the Required Improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the Counl
MAR 0 9 1999
11. All of the remus, covenants and conditions herein contained are and ~hall be binding upon the
respective successors and assigns of the Developer and lender.
In WITNESS WHEREOF, the Board and the Developer have ca sed this Agreement to be executed by
their dul~' authorized representatives this day of ~ 1999
SIGN~ED SEALED AND DELIVERED IN
THE PRESENCE OF: ~
/'-4 t.~j~ J r"ff(7~fi ~gE/~ . Arthur A. Shaft'an, it's Manager
pnnted~or typed name
The Huntington National Bank, a National
Banking Association
/ '~'x,,J
/{/77~ V' -~c-).'~ ,~ Andrew H. Plate, vice president
ATI'EST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
D%VIGHT E. BROCK, CLERK
By:
Depu~' Clerk Pamela Mac'Kie
chairwoman
Approved as to form and legal sufficiency:
?,,.,/Ijax4d C ~eig~'l
County Anomey
0 9 1999
Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 1
Opinion of Probable Cost
VENEZIA at GREY OAKS
~ Final Subdivision Improvement Plans
ummarv
0t20-040-O1-E1
Sanitary Collection System $47,520.00
Reclaimed Water Distribution $26,625.00
Potable Water $35,893.20
Drainage $16,810.00
Earthwork $36,150.00
Paving $276,618.50
Lighting $24,200.00
Total Contract $463,816.70
MAR 0 9 1999
Nov04, 1998 09:15 Wilson, Miller, Barton&Peek Page: 2
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement PLans
Sanitary Collection System
0 120-040-01 -E 1
Estimated
hem# Description Quantity Unit Unit-Price Amount
419 8" PVC gravity main 791.00 LF 514.00 511,074.00
(0'-6' cut)
420 8" PVC gravity main 352.00 LF $18.00 $6,336.00
(6'-8' cut)
421 8" PVC gravity main 110.00 LF 521.00 $2,310.00
(8 '- 10' cut)
442 Manhole 4' diameter 3.00 EA $1,200.00 S3,600.00
(0'-6' cut)
443 Manhole 4' diameter 1.00 EA 51,500.00 S 1,500.00
(6'-8' cut)
445 Manhole 4' diameter 1.00 EA $2,300.00 $2,300.00
(10'-12' cut)
418 6" PVC gravity lateral 1,480.00 LF $10.00 514,800.00
(ASTM D3034)
417 6" Sanitary. sewer cleanout 33.00 EA S 100.00 $3,300.00
946 Television inspection 1,300.00 LS $1.00 S 1,300.00
9000 Remove existing cleanout and connect to 1.00. LS $1,000.00 $1,000.00
8" PVC gravity main
Total Sanitary Collection System: 547,520.00
EX~BIT 1 PAGE 2 OF 8
MAR 0 9 1999
Nov 04, 1998 09:15 Wilson, Miller, Barton &Peek Page: 2
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
Sanitary Collection System
0120-040-01 -E 1
Estimated
[tem~ DeScription Quantity Unit Unit-Price Amount
419 8" PVC gravity mare 791.00 LF $14.00 $11,074.00
(0'-6' cut)
420 8" PVC gravity main 352.00 LF $18.00 $6,336.00
(6'-8' cut)
421 8' PVC gravity main 110.00 LF S21.00 $2,310.00
(8 '- 10' cut)
442 Manhole 4' diameter 3.00 EA $1,200.00 $3,600.00
(0'-6' cut)
443 Manhole 4' diameter 1.00 EA $1,500.00 $1,500.00
(6'-8' cut)
445 Manhole 4' diameter 1.00 EA $2,300.00
(10'-12' cut)
4 18 6" PVC gravity lateral 1,480.00 LF S10.00 S14,800.00
(ASTM D3034)
417 6" Sanitary sewer cleanout 33.00 EA $100.00 $3,300.00
946 Television inspection 1,300.00 LS $1.00 S 1,300.00
9000 Remove existing cleanout and connect to 1.00 LS $1,000.00 Sl,000.00
8" PVC gravity main
Total Sanitary Collection System: S47,520.00
EXHIBIT 1 PAGE 2 OF 8
MAR 0 9 1999
Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 3
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
Reclaimed Water Distribution
0120-040-01-E1
Estimated
ltem~ Description Quantity Unit Unit-Price Amount
2174 4" PVC reuse main 1,020.00 LF $7.00 $7,140.00
(Class 150)
2]79 4" PVC reuse main 300.00 LF $8.50 $2,550.00
(Class 200)
2198 4" Gate valve with box 2.00 EA $325.00 S650.00
2228 4" Temporary blow off 2.00 EA $550.00 $1,100.00
9001 Single irrigation service 10.00 EA $560.00 $5,600.00
w/4" PVC casing
9002 Double irrigation service 13.00 EA $695.00 $9,035.00
w/4' PVC casing
9003 Remove existing plug and connect to 1.00 LS $550.00 $550.00
4" PVC reuse main
Total Reclaimed Water Distribution: S26,625.00
EXHIBIT I PAGE 3 OF 8
MAR 0 9 1999
(.~
Nov 04, 1998 09:15 Wilson, Miller, Barton &Peek Page: 4
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
'otable Water
0120-040-01-E1
Estimated
Item# Description Quantity Unit Unit-Price Amount
537 6" PVC watermain 860.00 LF $12.32 $10,595.20
(C-900, Class 150)
543 6" PVC water main 400.00 LF $13.86 S5,544.00
(C-900, Class 200)
469 Fire hydrant 2.00 EA $1,500.00 $3,000.00
470 Dead end fire hydrant & 2.00 EA $2,000.00 $4,000.00
bacterial sample point
476 6" Gate valve with box 2.00 EA $610.00 $1,220.00
499 Permanent bacterial sample point 1.00 EA $600.00 $600.00
9004 Single potable water service 1.00 EA $555.00 $555.00
w/4" PVC casing
"' 9005 Double potable water service 13.00 EA $683.00 $8,879,00
w/4" PVC casing
9006 Remove existing fire hydrant and connect 1.00 LS $1,500.00 Sl,500.00
to 6" PVC water main
Total Potable Water: $35,893.20
EXt-IIBIT 1 PAGE 4 OF 8
MAR 0 9 1999
Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 5
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
Drainage
0120-040-01-E1
Estimated
Item# Descriterion Quantity Unit Unit-Price Amount
271 15" RCP I 15.00 LF $18.00 S2,070.00
272 18" RCP 332.00 LF $20.00 S6,640.00
335 15" Concrete headwall 1.00 EA $900.00 $900.00
336 18" Concrete headwall 1.00 EA $1,200.00 $1,200.00
9007 Throat inlet 5.00 EA $1200.00 S6,000.00
(Bottom only)
Total Drainage: S!6,810.00
EXH/BIT 1 PAGE 5 OF 8
MAR 0 9 1999
No,,' 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 6
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
_arthwork
0120-040-01 -E 1
Estimated
Item# Description Quantity Unit Unit-Price Amount
9009 Fill (Compacted in-place) 4,700.00 CY $7.50 $35,250.00
(ROW & U.E. 4:1 to existing ONLY)
9008 Saw-cut & remove 120 LF of 120.00 LF $7.50 $900.00
existing valley gutter
Total Earthwork: S36, 150.00
EXHIBIT 1 PAGE 6 OF 8 No. ~
MAR 0 9 1999
Nov 04. 1998 09:15 Wilson, Miller, Barton &Peek Page: 7
O, pinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
Paving
0120-040-01-Et
Estimated
ltem~ Description Quantity Unit Unit-Price Amount
589 12" Stabilized subgrade 6,910.00 SY $2.10 $14,511.00
595 8" Limerock base 5,490.00 SY $4.20 $23,058.00
(compacted & primed)
9011 Throat inlet 5.00 EA $400.00
(Top only)
780 Sodding (Floratam) 516.00 SY $2.50 SI,29000
628 Curb 1,713.00 LF $5.60 $9,592.80
(Type A)
626 Curb& gutter 106.00 LF $4.85 $514.10
(Type E) modified
9013 Curb & gutter 278.00 LF $6.50 $1,807.00
(Type F)
632 24" Valley gutter 2,550.00 LF $4.50 $I 1,475.00
652 4" Concrete sidewalk 325.00 SY $18.00 $5,850.00
(reinforced)
115 1 Paver blocks 48,022.00 SF $3.80 $182.483.60
9010 Ribbon curb 532.00 LF $18.00 $9.5'Y6.00
691 Reflective pavement marker 4.00 EA $5.00 S20.00
697 Stop sign 1.00 EA $120,00 $120.00
699 Street sign 150.00 EA $80.00 SI2.000.00
926 4" PVC conduit 460.00 LF $5.00 $2,300.00
9012 12" Solid stripe 14.00 LF $1.50 S21.00
(Painted White)
Total Paving: S276,618.50
EXHIBIT 1 PAGE 7 OF 8 ]
MAR 0 9 999
Nov 04, 1998 09:15 Wilson, Miller, Barton & Peek Page: 8
Opinion of Probable Cost
VENEZIA at GREY OAKS
Final Subdivision Improvement Plans
Lighting
0120-040-01-E1
Estimated
ltem~ Description Quantiw Unit Unit-Price Amount
5529 25' Concrete pole and fixture 2,000.00 EA $4.00 $8,000.00
5530 Decorative pole and fixture 1,800.00 EA $9.00 $16,200.00
Total Lighting: $24,200.00
EXHIBIT 1 PAGE 8 OF 8 N~a~
MAR 0 9 1999
EXECUTIVE SUMMARY
AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT
BY JILL J. WEAVER AT 3411 BASIN STREET IN SABLE SHORES SUBDIVISION,
COLLIER COUNTY.
The Board of County Commissioners accept the Resolution and Agreement for 100% Waiver of
Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds
for waiver of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities
Impact Fees, Emergency Medical Services System Impact Fees, Educational Facilities System
Impact Fees and Water and/or Sewer System Impact Fees for one house to be built by Jill J.
Weaver, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Jill J. Weaver has submitted an application for a 100% waiver of impact fees for one house to be
built by Jill J. Weaver at 3411 Basin Street in Sable Shores Subdivision, Collier County, as a low
income, first time home buyer and qualifies for an impact fee waiver under the provisions of
Impact Fee Waiver Ordinances. Copies of the Agreement are available for review in the
Housing and Urban Improvement Department and in the office of Minutes and Records.
FISCAL IMPACT:
Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be waived is $6,374.52.
a) Library System Impact Fee $ 180.52
b) Road Impact Fee 1,379.00
c) Parks and Recreational Facilities
Regional Parks 179.00
Community Parks 399.00
d) EMS Impact Fee 14.00
e) Educational Systems Impact Fee 1,778.00
f) Water System Impact Fees 1,575.00
g) Sewer System Impact Fees 870.00
Total Impact Fees to be Deferred $6,374.52
GROWTH MANAGEMENT IMPACT:
The impact fee waiver will bring relief for a low income family in compliance with Policy 1.5.2
of the Housing Element of the Growth Management Plan.
MAR 0 9 'i999
pg. /
Executive Summary
Jill J. Weaver Impact Fees
Page Two
RECOMMENDATION:
The Board of County Commissioners accept the Resolution and Agreement authorizing the
waiver of impact fees for a home to be built at 3411 Basin Street in Sable Shores Subdivision,
Collier County, by Jill J. Weaver, a low income family, and to pay for these impact fees with
State Housing Incentive Partnership (S.H.I.P.) program revenue funds.
GM/ja
2/24/99
Prepared by:
G~eg Mihdlic, ~irector / '
Housing and Urban Improvement
Approved by:
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Se~ices
jd/c/execsum/weaver
MAR 0 9 1999
EXECUTIVE SUMMARY
AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE
BUILT BY JUAN RODRIGUEZ AND MARTA RODRIGUEZ AT 4560 DOMINION DRIVE IN
COLLIER COUNTY.
OBJECTIVE:
The Board of County Commissioners accept the Resolution and Agreement for 75% Deferral of
Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds
for deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities
Impact Fees, Emergency Medical Services System Impact Fees, Educational Facilities System
Impact Fees and Water and/or Sewer System Impact Fees for one house to be built by Juan
Rodriguez and Marta Rodriguez, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Juan Rodriguez and Marta Rodriguez have submitted an application for a 75% deferral of impact
fees for one house to be built by Juan Rodriguez and Marta Rodriguez at 4560 Dominion Drive
in Collier County, as low income, first time home buyers and qualify for an impact fee deferral
under the provisions of Impact Fee Waiver Ordinances. Copies of the Agreement are available
for review in the Housing and Urban Improvement Department and in the office of Minutes and
Records.
FISCAL IMPACT:
Funding for the proposed impact fee deferral is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be deferred is $4,780.89.
a) Library System Impact Fee $ 135.39
b) Road Impact Fee 1,034.25
c) Parks and Recreational Facilities
Regional Parks 134.25
Community Parks 299.25
d) EMS Impact Fee 10.50
e) Educational Systems Impact Fee 1,343.00
f) Water System Impact Fees 652.50
g) Sewer System Impact Fees 1,181.25
Total Impact Fees to be Deferred $4,780.89
GROWTH MANAGEMENT IMPACT:
AGENDA iTEM
of the Housing Element of the Growth Management Plan. ~q
MAR 0 9 1999
PcI. /
Executive Summary
Juan Rodriguez and Marta Rodriguez Impact Fees
Page Two
RECOMMENDATION:
The Board of County Commissioners accept the Resolution and Agreement authorizing the
deferral of impact fees for a home to be built at 4560 Dominion Drive in Collier County, by
Juan Rodriguez and Marta Rodriguez, a low income family, and to pay for these impact fees with
State Housing Incentive Partnership (S.H.I.P.) program revenue funds.
GM/jd
2/24/99
Prepared by:
~reg Mi li"¢, Director
Housing a~ Urban Improvement
Approved bY; "' /v,
Vincent A. Cautero, AICP, Administrator
Cornunity Development & Environmental SeNices
jdtc/execsum/rodriguez
MAR 0 9 1999
EXECUTIVE SUMMARY
AUTHORIZE THE CHAIRXVOMAN TO SIGN THE APPLICATION FOR THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
ARTIFICIAL REEF GRANT.
OBJECTIVE:
The Board of County Commissioners authorize the Chairwoman to sign the Application
for the $25,000 grant for artificial reef construction offered by the Florida Department of
Environmental Protection (FDEP).
CONSIDERATIONS:
1. The Collier County Artificial Reef Program administered by the Natural Resources
Department is applying for a $25,000 grant for artificial reef construction.
2. The funds are made available by the Federal Wallop-Breaux program and offered
through FDEP Sport Fish Restoration Grants.
3. The grant funds would be used to construct a new artificial reef in Collier County.
A copy of the referenced 3 page Grant Application is available for inspection at the
Office of the Board of Count}, Commissioners, Administration Building, third floor,
at the County Government Complex, 3301 East Tamiami Trail.
GROWTH MANAGEI~IENT IMPACT:
If awarded the grant money will support Objective 7.1 of the Conservation and Coastal
Management Element of the County Growth Management Plan.
FISCAL II~IPACT:
The grant money would reimburse the Natural Resources Department fund # 117-178280.
RECOMMENDATION:
The Board of County Commissioners authorize the Chairwoman to sign the Application
for the FDEP $25,000 artificial reef construction grant.
AGEh~DA ~ M~'""''="''"
~/~R 0 9 1999
Pg.
Prepared by:. ' .,-: ,. tT .. -- -' Date: ' >'" ¢"'-"
K~vin H. Dugan, Sr. Environmental Specialist
Reviewed b i'l(( ,~/k/k- , ,..~,. ii''f Date: -"2 c cic'3
y: 2.,'.?,~. ·. ._ ,__ -
Wi!l'iam D. Lorenz,' Jr.Z': ~.E., Director
Natural Resources Department
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services Division
MAR 0 9 1999
.... EXECUTIVE SUMMARY
ADOPTION OF A RESOLUTION TO SUPPORT THE IMMOKALEE COMMUNITY'S EFFORTS
TO RECEIVE STATE FUNDING TO SUPPORT THE ECONOMIC REVITALIZATION EFFORTS
UNDERWAY IN THE DESIGNATED FEDERAL ENTERPRISE COMMUNITY.
OB]ECTIVE: To have the Board of County Commissioners recognize and support the
Immokalee Community's efforts to receive State funding in the 1999/2000 State budget.
BACKGROUND: In 1994 the Federal government created the Empowerment
Zone/Enterprise Community (EZ/EC) Initiative. Since the onset, the EZ/EC initiative
has been a catalyst to improving the quality of life in many of America's most distressed
rural and urban communities. The rural portion of the EC/EZ program is administered
through U.S. Department of Agriculture.
Immokalee submitted an application in 1994 for Round I designation but was not
awarded. However, it did receive designation as a Champion Community which
provided technical assistance and opened avenues for funding opportunities with USDA.
Round II of the Empowerment Zone was announced in the Federal Register on April 16,
1998. Immokalee collaborated with the Seminole Indian Tribe of Florida and a portion of
Hendry County to create the Empowerment Alliance of Southwest Florida and submit an
application and Strategic Plan for consideration under the EZ/EC Initiative
During the preparation of the grant application, the late Governor Lawton ChLles made a
commitment to USDA that the governor's office would work closely with the Florida
legislature to leverage the federal dollars received with State funding to each Florida
community receiving designation as a Federal Empowerment Zone.
On January 13, 1999 Vice President A1 Gore announced that the Immokalee community
was selected by USDA Secretary Dan Glickman to be designated as a Federal Enterprise
Community. Immokalee competed with 160 eligible applicants for the designation.
Twenty new Enterprise Communities were selected. Immokalee is the only area to be
selected under the rural program in the State of Florida. Miami was selected as the only
Urban Empowerment Zone in the State of Florida. The Federal Enterprise Community
designation is valid for ten years with a $250,000 annual award. In addition, the EC
status provides technical assistance from USDA and a priority rating when applying for
other federal grants.
The Immokalee Community has been working with the local State legislative delegation
to request State appropriations in this year's budget to support the EC initiative and fund
three programs: The creation of the Florida Empowerment Zone Program, funding
request $250,000 annually for ten years, to support the implementation of the Enterprise
Community Strategic Plan; The One-Stop Job Training Career Center, funding request
$1.5 million, that will provide increased accessibility in Immokalee for job training and
IAGENDA ITEM k
"'~' No./6, f,'q-~ 9
1 '
-1-
job placement services; and The Lake Trafford Restoration Project, funding request $5
million, to restore the lake for environmental and economic benefits.
CONSIDERATIONS: With the adoption of the Resolution, the Board of County Commissioners
will support the Immokalee Community's efforts in securing State funding to implement the
Enterprise Community Strategic Plan.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: The Immokalee Master Plan, a separate element of the
Growth Management Plan, states under Policy II.2.2 that alternative funding sources will be
investigated in order to promote or expedite the implementation of the Building Immokalee
Together and Main Street Projects. Both of these projects are included in the Enterprise
Community Strategic Plan.
RECOMMENDATION:
That the Board adopt the Resolution supporting the Immokalee Community's request for State
funding to implement the Enterprise Community Strategic Plan.
PREPARED BY:
~~F~'~"~ March 2, 1999
"' DEBRAH PRESTON, AICP DATE
PRINCIPAL PLANNER
COMPREHENSIVE PLANNING SECTION
REVIEWED BY:
BARBARA A. CACCHIONE, AICP DATE
COMPREHENSIVE PLANNING MANAGER
REVIEWED BY:
'I~OB~RTJ.'M'U~HERE, AICP D~Adz f/~ )7
PLANNING SERVICES DEPARTMENT DIRECTOR
/-
t-PPR E
~ CAUTERO, AICP~ DATE
ADMINISTRATOR
COMMUNITY DEV. AND E~IRONMENTAL
SERVICES
~ -.
-2-
!
2 I~ESOLUTION NO.
3
4
5 A RESOLUTION SUPPORTING THE IMMOKALEE
6 COMMUNITY'S EFFORTS TO RECEIVE STATE FUNDING IN
? THE 1999/2000 BUDGET YEAR TO SUPPORT THE ECONOMIC
8 REVITALIZATION EFFORTS UNDERWAY IN THE
9 DESIGNATED FEDERAL ENTERPRISE COMMUNITY.
]0
1]
]2 WHEREAS, the Federal Government has enacted, the Empowermerit Zone/Enterprise
]3 Community Initiative designed to give distressed communities an opportunity for economic
14 growth and revitalization; and
15
16 WHEREAS. the Immokalee Community along wilh portions of Hendry County applied
]? for designation under the Empowerment Zone/Enterprise Community Initiative in October 1998;
]8 and
19
20 WHEREAS, the Board of County Commissioners supported, by adopting Resolution 98-
2] 294, the lmmokalee Community's efforts in building the Strategic Plan and to participate in its
22 implementation;
23
24 WHEREAS, the Immokalee Community along with portions of Hendry County was
25 designated as an Enterprise Community in January 1999 which is targeted to receive $2.5
26 million over a ten year period; and
27
28 WHEREAS, the Enterprise Community is seeking out support from the State of Florida
29 to leverage the federal dollars received and to implement the Strategic Plan; and
30
3] WHEREAS, appropriation requests have been submitted to Collier County's State
32 Legislative Delegation to support the following projects that are all identified in the Stralegic
33 Plan: The creation of the Flodda Empowermerit Zone Program, funding request $250,000
34 annually for ten years, to support the implementation of the Enterprise Community Strategic
35 Plan; The One-Stop Job Training Career Center, funding request $1.5 million, to provide
36 increased accessibility to job training and job placement services in Immokalee; and The Lake
37 Trafford Restoration Project, funding request $5 million, to restore the lake for environmental
38 and economic benefits.
NAR 8 9 1999
I WHEREAS, the Board of County Commissioners of Collier County supports the
2 Immokalee Community's effods in receiving state appropriations to implement the goals
3 identified in the Strategic Plan; and
4
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
? SECTION ONE:
8
9 The Florida State Legislation enact the Empowerment Zone Program and commit
10 State funds to the Immokalee Community's efforts tO implement the Federal Enterprise
It Community Initiative by funding the projects identified above in this Resolution,
t2
13 SECTION TWO:
14
15 This Resolution adopted after motion, second and majority vote this __ day of
16 ,1999.
19 ATTEST: BOARD OF COUNTY COMMISSIONERS
20 DWIGHT C. BROCK, CLERK COLLIER COUNTY, FLORIDA
21
22 BY:
23 PAMELA S. MAC'KIE, CHAIRWOMAN
24
25
26 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
27
28 '~'~/t~.-~-
29 Marjorie M. Student,
30 Assistant County Attorney
0; 1999
EXECUTIVE SUMMARY
AUTHORIZE FUNDS FOR PROFESSIONAL SERVICES TO PERFORM THE
THIRD YEAR OF POST-CONSTRUCTION MONITORING REQUIREMENTS
FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT.
OBJECTIVE: To obtain authorization to obligate funds for professional services
to be provided by Coastal Engineering Consultants, Inc., during the third year of the
post-construction monitoring phase for the Collier County Beach Restoration
Project.
CONSIDERATIONS: On May 24, 1994, the Board of County Commissioners
approved a Professional Services Agreement with Coastal Engineering Consultants,
Inc. to provide professional engineering services necessary for completion of the
Collier County Beach Restoration Project. Such included the following phases of
work.
· Final Design Services
· Bid Services
· Construction Services
· Post-Construction Services
The approval granted on May 24, 1994, provided authorization to obligate funds for
the final design phase with authorization to obligate funds for subsequent phases to
be requested upon completion of each prior phase of work. In accordance with such
procedure, on April 14, 1998, the Board of County Commissioners provided
authorization to obligate funds for professional services required during the second
year of post-construction monitoring. Pursuant to the current schedule, it is
necessary at this time to initiate the services required during the third year of the
post-construction monitoring phase to enable stipulated permit conditions to be
completed in a timely manner.
~i~,~ FISCAL IMPACT: Pursuant to an application for TDC funding, appropriation of
,,~' funds in the amount of $284,427.00 were approved for this purpose by the Beach
Renourishment/Maintenance Committee on January 7, 1999, the Tourist
Development Council on January 25, 1999 and the Board of County Commissioners
on February 9, 1999 [Agenda Item 16(B)(6)].
GROWTH MANAGEMENT IMPACT: None
Executive Summary
Public Works Engineering Department
Monitoring for Beach Restoration Project
Page 2
RECOMMENDATIONS: That the Board of County Commissioners:
1. Authorize the obligation of funds in the amount of $258,570.00 as presented
in the attached proposal for professional services during the third year of the
post-construction monitoring phase of the Collier County Beach Restoration
Project; and
2. Pursuant to Article 4, Paragraph 4.3 of the Professional Services Agreement,
approve the current Schedule "B" - Attachment "B", Hourly Rate Schedule
for services to be rendered hereunder.
PREPARED BY: '7'~~~--~-~ DATE: 2./7. f9
Harold E. Huber, Project Manager III
Public Works Engineering Department
REVIEWED ('J~effB "" "') '/: DATE:
ibby, P.E., Director
Public Works Engineering Department
APPROVED BY--"'/~ DATE:~~_.C
Ed Ilschner
Public Works Administrator
attachments
hh.lh.exsura.02
cc: Beach Renourishment/Maintenance Committee
Coastal Engineering Consultants, Inc.
./,/
HAR 0 9 1999
COASTAL
ENGINEERING
CONSULTANTS
Environmental
INC
' ~ ~ :~-': Real Estate Appra~sa~
.... D~b~i'21, ~998
Mr. Ha~ Huber, Project M~ager ~
Public Wor~ Engineering Department
Collier Coun~ Florida
3301 Tamiami Trail E~t
Naples. Florida 34112
Re: Proposal for Professional Se~ces
Collier Count' Post-Construction Monitoring
CEC File No. 99.001
De~ H~:
Pursuit to our Professional Se~ices A~eement ~rch~e Order No. 403221, dated April 17, 1996) to
provide post-cons~ction se~ices for the Collier Coun~ Beach Resto~tion Projec~ we ~e ple~ed to
present our revised Schedule B, A~c~ent C for ~e 1999 Monitoring Report ~d related seaices.
SC~DL~E B - A~AC~~ C
CONS~T.~'S ES~E OF ~DfflON~ SER~CES
Post-Construction Phase
2.21.3.1 Coordinate Agency Requ~emen~ $ 25,750.00
2.21.3.2 Enviro~ental ~d Biologic Monitoring $ 78,020.00
2.21.3.3 Su~eys:
(a) ~nual Monitoring $ 66,000.00
(b) Post-Sto~ Allowance $ 40,000.00
2.21.3.4 Desi~ ~d Coordination of Mainten~ce Activities $ 43,800.00
2.21.3.5 Wood Groin Modeling $ 5,000.00
TOT~ $ 258,570.00
Our estimated annual cost for providing ~ese seaices will be $258,570.00. Ch~ges for ~ese se~ices will
be billed on a time ~d reimbursable cost b~is, b~ed on ~e approved Schedule B - A~c~ent B, a~ched
hereto, which is made a pa~ of ~is ageement ~ if ~lly contained herein. Seaices beyond ~e scope
presented herein c~ be provided ~ Additional Se~ices and shall be au~o~ed in ~witing by you.
We t~st this proposal is responsive to your needs. If you have ~y questions, pleurae contact our office.
Vely truly yours,
COASTAL ENG~E~G CONS~T~TS, ~C.
Michel T. Poff, P. Ej
Coastal Division Manager
j.",data'99001~900ZprpsLdoc 0 9 1999
3106 S, HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (94~) 643-2324 · FAX (94]) 6
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
CEC FILE NO. 99.001
JANUARY 1, 1999
POSITION / TITLE Hrlv. Fees
Principal Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper $ 120.00
Associate Appraiser, Engineer, Environmental Speciahst, Scientist, Surveyor & Mapper $ 100.00
Project Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper $ 80.00
Staff Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper $ 70.00
Designer Civil Engineering, Coastal Engineering $ 60.00
Technician Appraisal. Engineering, Environmental, Scientific, Survey &Mapping $ 55.00
Construction Observer $ 45.00
Administrative Assistant $ 40.00
Appraisal Researcher $ 40.00
Draftsman $ 40.00
Research A~sistant $ 40.00
Secretary $ 25.00
Labor $ 25.00
Three Man Survey &Mapping Crew $ 100.00
Two Man Survey &Mapping Crew $ 90.00
REIMBURSABLE EXPENSES & EQUIPMENT RENTAL
EXPENSE &EQUIPMENT DESCRiPTION Rate/Fee
Hydro~aphic DGPS Survey System
I Week Minimum Lease $ 2,300/week $ 7,500/month
Single Frequency Depth Sounder $ 150/day $ 3,000/month
Real Time GPS Survey System (RTK) $ 250/day $ 1,000/week
Tide Recorder ( 1 Month Minimum) $ 500/month
Current Meter ( 1 Week Minimum) $ 1000/week $ 3,000/month
Survey Boat S 275/day
Off-Road Vehicle (ATV) $ 50/half day $ 120/day
Photocopies $ 0.10/sheet
Blueprints $ 1.50/sheet
Mylar $ 8.00/sheet
Mileage $ 0.29/mile
Invoicin~ will be provided on a monthly basis. Pa.vrnents are due upon receipt of invoices. Ifx~ritten notice
of a question is not received within thirty days of invoice, such action will be construed as acceptance of
charges and service as accurate and acceptable.
Reimbursable Expenses will be billed at cost. Typical out of pocket expenses include: out of town travel made
on behalf of the client relating to permitting, aerial reconnaissance and photographic expenses, and prints.
A Subcontracts or Subconsultants will be administered at cost plus 10%.
Rates on this schedule are guaranteed for one year from the date shown above.
Expert Witness fees will be negotiated on a case by case basis separately. O, A~C~ai t~_bt~' _
MAR 9
EXECUTIVE SUMMARY
APPROVE A CONTRACT CHANGE ORDER FOR ADVANCED LAWN AND
LANDSCAPING WHICH EXCEEDS TEN PERCENT OF THEIR CURRENT
CONTRACT AMOUNT.
OBJECTIVE: To obtain Board approval tbr a Contract Change Order for Advanced Lawn and
Landscaping which exceeds ten percent (10%) of this contractor's annual contract for grounds
maintenance.
CONSIDERATIONS: On January 7, 1997, the Board of County Commissioners awarded Bid
No. 96-2597 to Advanced Lawn and Landscaping for annual grounds maintenance in Lely Golf
Estates MSTU. The total contract anaount for this Fiscal Year is $28,686.18.
At their regular meeting on December 11, 1998, the Lely Golf Estates Advisory Committee heard a
proposal from their Landscape Architect, Michael McGee of McGee and Associates, for limited
landscape refurbishment on Doral Circle. The Committee voted unanimously to approve this
proposal if the cost of said improvements did not exceed $3500.00. The cost of this refurbishment as
provided by Advanced Lawn and Landscaping at their contract prices is $2,791.59 (see Scope of
Work attached). This Scope of Work was provided to the Committee at their regular meeting on
February 12, 1999, and a recommendation to proceed with the refurbishment was approved
unanimously.
In order to complete this work, a Change Order to the current contract is necessary. Due to previous
smaller increases, this change order represents a total contract increase in excess of 10% of the
original contract amount and, therefore, requires Board approval.
FISCAL IMPACT: The total cost of landscape improvements as detailed in the Scope.of Work
provided by Advanced Lawn and Landscaping is $2,791.59. Funds are available in the Lely Golf
Estates MSTU Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve a Change Order
in the amount of $2,791.59 to Advanced Lawn and Landscaping's current contract (#96-2597) for
limited landscape refurbishment on Doral Circle in Lely Golf Estates MSTU, which has been
requested and approved by the Lely Golf Estates Beautification Advisory Committee.
Executive Summary
Lely Beauti~cation MSTU
Page 2
SUBMITTED BY: ~ ~ DATE:
Sheila Convery, Secretary II (557
S e~. tree '! Ptr~'~asing Director
REVIEWED BY:. ~ DATE:z
Edward J. I~ ' , .., ' ' ' es Director
APPROVED B DATE~-o?~'-~'
Ed Ilschner, Public Works Administrator
Attachments: Scope of Work, dated February 10, 1999
Landscape Renovation plan, dated February 6, 1999
ADVANCED LAWN &
LANDSCAPING SERVICE INC.
(941) 643-0887 · (941) 642-0874 · Fax: (941) 643-0224
3784 Progress Ave. Naples FL 34104 · P.O. Box 1388 Marco Island, FL 34146
February 10, 1999
Collier County Government
Transportation Services Dept. -
3301 East Tamiami Trail
Naples, FL 34112
Attn: Mr. Dan Dacesara
Re: DCiral Circle Landscape Renovation in Lely Golf Estates, Naples, FL.
We are pleased to submit for your consideration our proposal to provide the following
landscape work for Doral Circle, Lely Golf Estates, Naples, FL.
SCOPE OF WORK
Landscape Renovation/Installation
Remove existing Lantana, Liriope, Thryallis, Silver Buttonwood and 1 Tabebuia Tree and
install the following as designed by McGee & Associates, dated 2/6/99.
5 Hibiscus 'Standards' (10 gal., pink) @ $61.87 = $ 309.35
110 DwarfAllamanda (3 gal.) @ $11.00 = $1,210.00
47 Ixora 'Nora Grant' (3 gal.) @ $9.28 = $ 436.16
6 DwarfGougainvillea (3 gal.) @ $10.31 = $ 61.86
75 Annuals (4" pot) @ $1.55 = $ 116.25
Labor to remove existing plants = $ 464.22
Install 125 bags of Eucalyptus Mulch = (Labor Only) $ 193.75 ~ "'
Total =$2,791.59
727
~ 7-;.7:: ..
OF ~,~_ .... ~,.
Page 2 (Doral Circle)
Work Force
All landscape work will be performed under the supervision of a qualified foreman.
Company uniforms will be worn by Advanced Lawn & Landscape personnel at all times.
Acts of God and vandalism are beyond the control of Advanced Lawn & Landscaping
Service Inc. The client will be consulted to review any work deemed necessary, and will
be billed on a time & materials basis.
Limited Warranty,
All plant material will be warranted for 6 months from the time of installation if we are
maintaining the plant material and a 3 month warranty if we do not maintain the plant
material. We are not responsible for death of plants due to lack of water, insect damage,
fungus, or other factors beyond our control.
There will be no warranty on any shrubs, trees and palms that are transplanted.
New sod requires water daily during the first two weeks following installation. Sod will
then need to be watered approximately every 3 days for the second two weeks, and
monitored closely for the next month.
Materials
Quantities of materials are only an estimate. Final bill will reflect actual quantity of
materials used.
Payment
Payment for landscaping services performed will be due-uF,~r.
net
Acceptance of Proposal
The above prices, specifications and conditions are hereby accepted. You are authorized
to do the work as specified
Contractor Signature ~/ff,~e/t~~' Date
{,/--
client Signature Date
r,,_.rn · ,,r,a~_ .~ n'=.S,:.c :-4~ 41,"_l~,"Ud Fe~.87. 199'B 05;29 PM F'O2
|. eF4"'LOV~- At.,I.- LAI',IfANA, I,.II~OFt;, .-.//TY/-.~'
l'lte-,fAu4~,, ¢u~e,~,e~ff~N t~oop
,k~ N~. ATTACHMENrr NI).-- 2_ ,
PAGE
,fD t~,MAI ~
~ I~AR .0 S tS~
EXECUTIVE SUMMARY
AWARD BID NO. 98-2906, PURCHASE & DELIVERY OF ORGANIC AND
INORGANIC MULCH.
OBJECTIVE: To gain approval for the award of Bid No. 98-2906 for the purchase and delivery
of mulch.
CONSIDERATIONS: Bid No. 98-2906, for the purchase and delivery of mulch, was posted on
January 4, 1999, with proposals being sent to 47 vendors. Three bids were received and opened on
January 27, 1999.
The Award Section of the Bid Proposal permits Collier County to award the bid to a single vendor,
multiple vendors, on a primary/secondary vendor basis, or on a category basis. Based on the bid
results, staff recommends that multiple vendors be used as follows:
AAction Mulch of S.W. F1. Inc.
·Bagged Eucalyptus (100% Grade "A" Shredded)
Price for each 2 cu. ft. bag -- $2.15
Price per trailer for 24 pallets of 2,040 2 cu. it. bags -- $4,536.00
·Bulk Eucalyptus (100% Grade "A" Shredded)
Price for 115 cu. yds. -- $3,025.00
Forestry_ Resources Landscape Supply. Inc.
·Bagged Melaleuca (100% Grade "A" Shredded)
Price for each 2 cu. ft. bag -- $1.49
Price per trailer of 24 pallets per 1,920 2 cu. it. bags -- $2,572.80
·Bulk Melaleuca (100% Grade "A" Shredded)
Price for 100 cu. yds. -- $1,495.00
·Bagged Pine Bark (Nuggets)
Price for each 2 cu. ft. bag -- $1.79
Price per trailer of 24 pallets per 1,920 2 cu. it. bags -- $3,168.00
· Bulk Pine Bark (Nuggets)
Price for 115 cu. yds. -- $2,064.25
· 1/2" Washed Shell
Price per ton -- $24.24
Southeast Landscape Products proposal did not include a phone number or address with which to
contact them. Since the County currently has a bid in place for pine straw mulch (Bid No. 97-2706),
this portion of Bid No. 98-2906 is recommended not to be awarded although Southeast was the low
bidder for this single item.
PG.
FISCAL IMPACT: These products will be used by several different departments. Each user
department has budgeted funds for the purchase and delivery of mulches according to their needs.
GROWTH MANAGEMENT IMPACT: None.
..RECOMMENDATION: That the Board award Bid No. 98-2906 for the purchase and delivery
of mulch to the vendors as indicated above.
SUBMITTED BY: (~/f/~;..~ ~-~ DATE:
Val Prince, Engineer II, Landscape Operations
' . ' , .1/i' 'a ' g Director
E wir 3. Ka . ation Se~ices Director
~PROVED B~ ~ DATE:
Ed Ilsc~er, PublicsWorks Administrator
Attachment: Bid Tabulation
MAR 0 9 1999
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: . :.. ,... .... -...,.. ::::::: ,:::: ::::::~::S: :~:E:~:~:~:SE:::E:~ ~:~:E:~ G:: ::::::: :::~:::.~.:,:
ATTACHME~ N~ ,, ~ L_~s,-- ~ , ,,
PAGE
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO PROVIDE FUNDING FOR RIGHT-OF-WAY
ACQUISITION AND DESIGN SERVICES FOR THE AIRPORT-PULLING ROAD SIX
LANE IMPROVEMENT PROJECT NO. 62031; CIE NO. 055
OBJECTIVE: To receive the Board of County Commissioners' approval of the necessary
budget amendment for the completion of the Airport-Pulling Road right-of-way acquisition and
design services.
DESCRIPTION: When the Capital Improvement Plan for FY 99 to FY 03 was approved,
construction along with the associated budget for Airport-Pulling Road was moved out two years.
The right-of-way acquisition budget was also moved out while staff was negotiating right-of-way
donations. It has become clear that landowners will not be donating.
In order to continue with the on going eminent domain process and have the fight-of-way ready for
construction, additional funding is required. Additional funding is also required to complete the
design and pay current obligated costs incurred by the eminent domain process.
FISCAL IMPACT: A budget amendment is needed to transfer $1,000,000 from District 1
Impact Fee Reserves to the Airport Pulling Road Project. Funding Source: Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 55 is
consistent with the Transportation sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the necessary
budget amendment.
SUBMITTED BY: ~h ~ssaq~ Date: d/'~
~ PMP
Project Manager, Public Works Engineering Department
MAR 0 9 1599
PG. [
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO PROVIDE FUNDING FOR RIGHT-OF-WAY
ACQUISITION AND DESIGN SERVICES FOR THE AIRPORT-PULLING ROAD SIX
LANE IMPROVEMENT PROJECT NO. 62031; CIE NO. 055
OBJECTIVE: To receive the Board of County Commissioners' approval of the necessary
budget amendment for the completion of the Airport-Pulling Road fight-of-way acqt,-i~ion and
design services.
DESCRIPTION: When the Capital Improvement Plan for FY 99 to FY 03 was approved,
construction along with the associated budget for Airport-Pulling Road was moved out two years.
The right-of-way acquisition budget was also moved Out while staff was negotiating fight-of-way
donations. It has become clear that landowners will not be donating.
In order to continue with the on going eminent domain process and have the fight-of-way ready for
construction, additional funding is required. Additional funding is also required to complete the
design and pay current obligated costs incurred by the eminent domain process.
FISCAL IMPACT: A budget amendment is needed to transfer $1,000,000 from District 1
Impact Fee Reserves to the Airport Pulling Road Project. Funding Source: Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 55 is
consistent with the Transportation sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the necessary
budget amendment.
SUBMITTED BY: ~h ~saq~ Date: ~2//,~'~'
it~ PMP
Project Manager, Public Works Engineering Department
MAR O
t
Executive Summary
Airport-Pulling Road, Project 62031, CIE #55
Budget Amendment
Page No. 2
REVIEWED BY: ,-~rY~7/~~''? ' Date:
///Jeffrey Bibby, P.E.
In ' Publi rks ' ei-ing Director
REVIEWED BY: Date:
Edward J. .
APPROVED BY: Date:a~
Ed Ilschner
Public Works Administrator
PIAR 0 9 1999
PG.
EXECUTIVE SUMMARY
APPROVE WORK ORDER #ABB-FT-99-1 WITH AGNOLI, BARBER AND
BRUNDAGE~ INC. TO PERFORM AN EVALUATION OF THE ORIGIN OF
ROCKS ON THE NAPLES AND COLLIER COUNTY BEACHES.
OBJECTIVE: To obtain approval of a work order with Agnoli, Barber and
Brundage, Inc. to provide professional services necessary to perform an evaluation
of the origin of rocks in specific areas of the Naples and Collier County beaches.
CONSIDERATION: The attached work order has been prepared whereby an
evaluation will be conducted on native beach areas, restored beach areas and the
areas where previous and current rock cleanup operations have been conducted.
The purpose of this evaluation is to ascertain the origin of rocks appearing at
various locations on the Naples and Collier County beaches. The results of this
evaluation will then be used to determine an appropriate course of action to be
taken with respect to responsible parties as well as provide a planning tool for
future maintenance activities. Appropriations in this regard were included in the
TDC funding application for beach maintenance activities recommended for
,,.._. approval by the Beach Renourishment/Maintenance Committee on January 7, 1999,
and the Tourist Development Council on January 25, 1999 and approved by the
Board of County Commissioners on February 9, 1999.
~C~5,,\FISCAL IMPACT: Funds in the amount of $42,000.00 have been appropriated
") Z ~re ~~ ~'n the current budget for this purpose.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Work Order ~ABB-FT-99-1 with Agnoli, Barber and
Brundage, Inc. to perform an evaluation of the origin of rocks on the Naples
and Collier County beaches.
2. Authorize the Director of the Public Works Engineering Department to
execute the Work Order.
Executive Summary
Work Order ~/ABB-FT-99-1
Page 2
SUBMITTED BY: .c'//C,~/~ DATE: d. lc~.
Harry Huber, Project Manager III
Public Works Engineering Department
REVIEWED B Y: ~ D ATE: ~//~' %/~' 7'
ibby, P.E., Director
Public Works Engineering Department
APPROVED BY/~~fi~~:~a~, DATE:/~//~/r~ ~
~-- Ed Ilschner, Administrator
Public Works Division
attachment
cc: Beach Renourishment/Maintenance Committee
WORK ORDEI~ # ABB-FT-99-1
Agreement for Fixed Term Land Surveying and I'hotogramntctric Services
Dated November 5, 1990 (I(FI' 90-2550)
This Work Order is for professional surveying & aerial plmtography services for work
known as
{Title) Collier County Beach Restoration
(Reason for Proiect) To dctcrmlnc lhc origin of rocks tm Collier County beaches.
The work is spccil'tcd in the i~roposal dated February 9, 1999, which is attached hcrcto
and made a part o1' this Work Order. In accordance with the Terms and Conditions of
the Agreement referenced above, Work Order t/ABB-F'I'-99-I is assigned to
5gnoli, Barber and Brundagc, [no.
(Firm Name)
Scope of Work:
, Task I Prc-construction l'rofilcs
. Task 11 Stake out and Grade Trench
. Task 111 As-built 'l'rcncl~ and Plot Volumes
* Task IV Enginccring Services (llomiston and Moore Engineers)
Schedule of Work: Complete work withi~ 90 days I'rom l'ccctpt ol' the Notice
to Proceed authorizing start of work.
Compensation: In accordance with Article three of the Agreement, the County will
compensate the Firm in accordance with the negotiated amount of $42,000.00, as
provided in the attached proposal and in accordance with the established hourly rate(s)
as enumerated in Schedule "A" of the Agreement.
Task I tbru I11 $ 7,000.00 Time and Material
Task IV $35,000.00 Lump Sum
TOTAL FEE $42,U00.00
Any change within monetary authority of this Work Order made subsequent to final
department approval will bc considered an additional service and charged according to
Schedule "A" of the Agreement.
llarry llubcr, Project Manager 111 Date
Public Works Engineering Department
APIq(OVED BY:
Jeff Bibby, P.E., Director Date
Public Works Engmecring Department
Approved as to Form and
Assistant County Altolnc~
ACC'EI'Tlil)
Agnoli, Barb' and Brundagc, Inc.
ATTEST: N~ of the Firm
(Corporate Secretary)
ice lqcsldcnt
Rick Barber, Corporate Secretary
hch'w°~ABU'lrl"99'I
WORK O1~.1)1:1~. # AIIlI-FT-99-1
ARree,ucnt for Fixed Term !.nnd Survcyin~ nnd I'l-n.~ramn~etric Services
Dated Noventhcr 5, 1996 (1{1:1' 96-2550)
This Work Order is for professional surveying & aerial photogralfily serv,ces for work
known as
('Fillc) Collier Counly F~each Resh~ratitm
(Reason far Prniect) '!'o determine tile origin nf rnck~ nn Collier Countv beaches
The work is specified i,t the proposal dated February 9. 1999. xvhich is attached ht:rcto
and made a part of titis Work Ordcr. In accurda,~cc wnh Ihc Tcrtns and Cotldltions of
the Agreement referenced above. Work Order t/AIIII-FT-99-1 is assigned to
A_~:nnli. Barber and Brundage, InC.
(Firm Name)
Scnne nf Work:
· Task I Pro-construct,on Profiles
· Task II Stake out and Grade Trench
· Task I11 As-built Trench a,ld I'lot Vtlhlnle~;
· Task IV Engineering Services (llumiston and M-urc l!nginccrs)
Schctlttlc of We~rk: CtHnptclc work wilhin tit) da)'~. from recount t~l' tile Notice
to I'rocccd authorizing start ol' v. ork.
Cnmpcn~aticm: In acc~rdance with Article three of the Agreement, the Count:' ',,.:!1
colllpt:llsatc tile F|rln i1| acct}rdancc ,,vith lilt: ncgolzatcd anloutlt of S42,00(Lt)0. a~
provided in tile attached proposal and in accurda.~cc v.'nh the established hourly rate(s)
as enumerated in Scbedult: "A" of the Agreement.
Task I thru III S 7.000.00 Tnne and Mater,at
Task IV S35.000.00 Lump Sum
TOTAL FEE S-12.000.00
Any change within monetary authority of titis V'ork Order made subsequent to final
department approval wsll be considered an addnt,or, al ser,.'lcc and charged accord~n~: to
Schedule "A" of the Agreement.
,, ,:. ,, ,, ,. : --
llarry lluber. Project Manager 111 Date
I'ubltc XVorks Engineering I)cpartmcnt
AI'I'ROVliD IJY:
Jeff B~bby. I'.E., Direclot Date
Public Works Engineering Department
Approved as to Form and
Assista'nt ¢.'ounty Atttnnc;%
ACCliI"I'I-:D ll'V:
D,,,:
A~n.l~, I%rh/.~.'. anti 13runda~e, Inc.
ATTEST: ' N~ n of the Firm
(Corporate Set:retary)
" uo. ' ....
Rick ILlthor. Corl~or;Hc Sccrcta~7 , ;tcc I'tcsidcnt ~~~~
O 9 lg99
~
EXECUTIVE SUMMARY
APPROVE AWARD OF ANNUAL AGREEMENTS FOR ROADWAY CONTRACTORS'
SERVICES ON AN AS-NEEDED BASIS (RFP 98-2905).
OBJECTIVE: To obtain Board approval of selected contractors and award annual
agreements for miscellaneous roadway construction on an as-needed basis.
CONSIDERATIONS: The Transportation Services Department has a continuing need
for roadway construction services for the following types of miscellaneous work tasks:
(1) work required to lengthen or otherwise modify left and right turn lanes along
County arterial and collector roadways;
(2) work required to modify median openings along County arterial and collector
roadways;
(3) work required to provide improvements at the intersections of County arterial
and collector roadways; and
(4) work of a similar nature not specifically outlined above, but consistent with
the type of work set forth in Items 1, 2 and 3. The award of term contracts to
pre-qualified contractors allows staff to save both the time and the cost of
securing a consultant to prepare bid documents for small scale road projects.
For projects with an estimated cost of $25,000 or less staff will obtain a proposal from
one or more of the selected firms, negotiate the most favorable project terms and
conditions, and issue a work order to initiate the project concurrent with procedural
approval from the Purchasing Department. For projects more than $25,000 and up to
$50,000, competitive quotes would be solicited from at least three of the selected firms.
Over $50,000 but less than $200,000, competitive quotes would be solicited from at
least three of the selected firms and a staff recommendation will be submitted to the
Board for approval.
In accordance with Section VIII B-3 of the County Purchasing Policy, a Selection
Committee was formed to evaluate the proposals received. Four firms responded with
proposals to RFP #98-2905. The firms were judged on qualifications and experience of
key staff personnel, quality and timeliness of prior projects, on-staff support capabilities
(on-site managers, etc.), financial stability, including litigation (outstanding law suits,
etc.) and other relevant criteria (Attachment No. 1). All four firms were found to be
qualified and are being recommended for selection. They are:
Harper Brothers, Inc., Fort Myers, Florida
Better Roads, Inc., Naples, Florida
APAC-Florida, Inc., Naples, Florida
Bonness, Inc., Naples, Florida
Executive Summary
Approve Annual Roadway Contractors' Agreements
Page 2 of 2
Staff recommends authorizing the Transportation Services Department to approve work
orders as addressed in this summary. The contract period is for one year with a one-
year renewal period at the County's option, The scope of this agreement could also
include projects managed by other County Departments.
FISCAL IMPACT: Funds will be made available in the various operating and capital
accounts as individual work orders are developed. Typically, project and operating
funds are budgeted during the normal budget preparation cycle each fiscal year.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners approve the
selection of the four firms listed above for annual roadway contractors' agreements
pursuant to RFP #98-2905 and authorize the Chairman to execute the agreements after
review by the County Attor, r3ey's Office.
PREPARED BY' ,F2 ~ DATE:
'Edward J. Kant, TF ortation Services Director
REVIEWED BY: --~Z~'I ~"D DATE:
Stephen Y. Carnell, Purchasing/General Services Director
REVIEWED BY~ DATE: .=..~-.2y'-
E r, Public Works Administrator
SC Re
Attachment No. 1 - Selection Committee Ranking and Evaluation Matrices
NO . ~~~,_
NAB 0 9
EVALUATION RECAP-FINAL RANKING STANDARDS ....
RFP #99-2905
"Annual Contract for Roadway Contractors"
NUMBER OF 1sT NUMBER OF 2"~ NUMBER OF 3RD NUMBER OF 4TH
PLACE PLACE PLACE PLACE
NAME OF FIRMS SELECTIONS SELECTIONS SELECTIONS SELECTIONS
Harper Brothers
Better Roads
APAC
Bonness
FIRM SELECTION
FIRST
SECOND
THIRD
FOURTH
~ciion Commit e~ C~irman's Signature
n',,--, .~, CiC-/
NOTE: Ranking scoring is determined by multiplying each 1s' Place Ranking by 3 points. each 2nd Place
Ranking by 2 points, and each 3r= Place Ranking by 1 point. The Final Ranking order is
determined by the highest to lowest Ranking Scoring totals.
ATTACHMENT N0. / - MAR O 9
PAGE / OF "~ Pr,. 3
EVALUATION MATRIX
RFP #9e-2905
"Annual Contract for Roadway Contractors"
':-' 5 ,, - Evaluation Criteria
Harper ~ Better APAC Benness
NAME OF FIRMS Brothers .. Roads ,
Project Understanding (Max 25 ~ ~ '7~ ~
points)
bpertjse of 5esignateci Staff ~ ' ....
References ~ '
(Max 10 points) I ....
Cd~ent S AntjciDated
Office Loftion & r
Prs~cSs~ Susmtss~on & ' ~ ~ -- ' ~
COMMITTEE MEMBER'S
RANKINGS FiRM
,
SECOND
THIRD
FOURTH J ~ ·.
Dated: ~ ' ~ & ' ~ f Selec ':~ee Member's Signature
p F'~ACHMEN~ NO._ / - MAR
AGE
EVALUATION MATRIX
RFP #99-2905
"Annual Contract for Roadway Contractors"
-,-=~ ~ , ' · Evaluation Criteria
Harper Better APAC Bonness
NAME OF FIRMS Brothers Roads
Project Understanding (Max 25
Expertise of Designated Staff
(Max 20 points~
Previous Peffo~ance on
Similar Jobs fMax 20 poin:s~
References
(Max 10 points~
Cuffent & Anticipates WcmlcaG
(Max 10 ooin~
Office Lo~tion & i a =
Responsiveness (Max ~ C scanrs~
Prcpcs~z SJsm:ss.sr A
Responsiveness (Max 5 SCants
( Total Possible Points-100~
COMMITTEE MEMBER'S
RANKINGS FIRM
Selection Co;nmi~ee Me'mbe~%~z~nature
Dated: =//~./S~
pTTACHMENT NO. / MAR 0 9 IS99 i
AGE 3 OF ~ ~
EVALUATION MATRIX
RFP #99-2905
"Annual Contract for Roadway Contractors"
,. Evaluation Criteria
Harper Better APAC Bonness
NAME OF FIRMS Brothers Roads
Project Understanding (Max 25
Expertise of Designated Staff
(Max 20 points)
Previous Performance on
Similar JoDs (Max 20 points)
References
(Max 10 pointsl '7
Current & Anticipated WcrKioaO
(Max 10 oointsl
Office Location &
Resoonsiveness (Max 10 points)
Prcp, osat Suamiss~on &
ToTA, PO,.TS '7 5 ~'7 ~ 0
( Total Possible Points-lO0/
C OMMI TTEE MEMBER 'S
RANKINGS FIRM
FIRST ~-?,'~.C,
SECOND
THIRD
FOURTH ~r~f'i;~
Selection Committee Members Signature
Dated: ?,,/'~ O / ol c)
EVALUATION MATRIX
RFP #9e-2905
"Annual Contract for Roadway Contractors"
~ ' Evaluation Criteria
Harper Better APAC Bonness
NAME OF FIRMS Brothers Reads
Projec~ Understanding (Max 25
Expertise of Designated Staff
Previous ~erformance on
Si~.ar ~o~s ~,a× 20 points~
References
(Max 10 nomts/
Current & Anticipated Workload
m'~ax ~o ooints'~ "'7
Office Lcca~iCn & ,-~ ) C'
Resoons;veness (Max 10 points]
-"'o:ss=! S,,nm:ss~on &
-:es":.'"s.,e:ess L',ax 5
TOTAL POINTS ~"~
( Total Possible Points-100) ,
COMMITTEE MEMBER 'S
R'A1f KfNG3"' FIRM
sEco o
THIRD
FOURTH
S~le~tion Committee Me~ber's ~Signature
Dated.' ,~{ )~r[ fiG).
bTTACHMENT N0. / MAR 0 9
AGE ,5' 0F.-5' Ps.
-'- EXECUTIVE SUMMARY
REQUEST TO INSTALL PEDESTRIAN BARRIER HANDRAIL ALONG
AIRPORT-PULLING ROAD AT PELICAN MARSH ELEMENTARY SCHOOL.
OBJECTIVE: To receive Board approval to participate with the Collier County District School
Board (CCDSB) to construct a pedestrian barrier handrail along Airport-Pulling Road at Pelican
Marsh Elementary School.
CONSIDERATIONS: On December 15, 1998, the Transportation Services Department
received a request (Attachment 1 ) to install a safety barrier primarily to discourage pedestrians from
making dangerous, unauthorized movements into the roadway. Pelican Marsh Elementary School is
located on Airport-Pulling Road approximately one mile south of Immokalee Road. The Airport-
Pulling Road school crossing will soon be a unique six-lane crossing, and staff acknowledges the
generic problem of separating pedestrians from vehicle movements. A sketch of the conditions and
proposed improvements (Attachment 2) includes such features as the extent of lateral separation
between moving traffic and pedestrian areas, and the propensity of both to make unauthorized,
hazardous maneuvers with relatively high accident potential.
The estimated cost for the installation of the handrail is $6,000.00. The Collier County District
School Board Facilities Planning and Construction Department has agreed to participate with one
half of the cost, respectively. Bonness Construction, Inc. has agreed to install the handrail at the
same unit price as bid in the Pathway Project #69081.
FISCAL IMPACT: The total cost of installation of the proposed handrail is $6,000.00. The
County's share is not to exceed $3,000.00 from MSTD Road District 2.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: In the interest of safety of school children and in the spirit of
cooperation, staff recommends approval of participation by Collier County for the installation of
pedestrian barrier handrail not to exceed $3,000.00 with County District School Board Facilities
Planning and Construction Department paying an equal share.
,n
Russell Mullet, Engineer II
REVIEWED BY: ;~Z~.,k,. ~ 52): ~z~//~.,....~ DATE:-7~
Edward J. Kant, P.1E., ~ransp~rtati~/fi Services Director
~PROVED BYe__ DATE~--~-
Ed Ilsc~er, Public Works AdminisUator
, \, >~/, OFFICE OF THE DIRECTOR
--- ~ ' ~ ' FACILITIES PLANNING AND CONSTRUCTION
t~- ;' ~i ~ 5704 Cougar Lane
:' (941)514-2678
~" ~/' c~ ' - '-~c., (941) 514-2695 FAX
December 11, 1998
Mr. Edward J. Kant, P.E.
Transportation Services Director
Collier County Government
3301 Tamiami Trail East
Naples, FL 34112
Re: Pelican Marsh Elementary School
Dear Ed:
We respectfully request that the Transportation Services Division of Collier
County Government install a safety rail cn the north side of the entrance
driveway to Pelican Marsh Elementary School located at 9480 Airport Road.
.--~ The requested railing is to provide safety f:.!:- children waiting to cross
Airport Road. Students use the north sidewa~: at the entrance driveway which
is located just a few feet from the curb. Vehicles waiting to make a right
turn onto Airport Road stack up adjacent to the sidewalk. Even though there
is an adult monitor there when students are present, there is still the
potential for a child to dart out into the right turn lane of the exit road or
directly into Airport Road. The intent of this request is to have a barrier
provided to keep children controlled safely behind a railing until they are
allowed to cross Airport Road.
We request the safety railing begin at our existing sidewalk gate and extend
around the radius of the turn lane as far as possible to the crosswalk on
Airport Road. Your standard aluminum pipe handrail as referenced by your
drawing "Index ~520" is acceptable.
Ed, it is my understanding from conversations with Mr. Cautero that you will
="~ +hi= ~,~ a~~ ;=~il~a~ the installation of the ra~in~ in a
timely manner. I want to express my appreciation of your cooperation in this
matter and to thank you for your continued support of Collier County Public
Schools.
If I can provide any additional information, please do not hesitate to contact
me at 514-268i.
Sincerely,
Dave Lesansky~ Director
Facilities Planning & Construction
..--~ co: James H. Simms
Vince Cautero
Jody Jordan
Art Dobberstein
-., ...,,- .-.. .. · . .
.................... _,,,,.
AIRPORT I~DAD
.,..-':
[ /
I ~ ~
I ~ ~ .~ "
I I ,~i .
i i ,,. .
I I
COLLIE~ COUNTY ~EVISlON
PUBLIC WORKS DEP~ P~u~ ~ E~s~T~y Ps.~.,,~=,,~ _ ,
ENGINEERING DIVISION APPROVED SHEET~OF~
EXECUTIVE; SUMMARY
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A TIME OF
DAY WAIVER TO THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY,
FLORIDA, IN CONFORMITY WITH SECTION 54-89 OF THE CODE FOR THE DREDGING
ACTM TIES RELATED TO THE CLAM BAY RESTORATION AND MANAGEMENT PLAN.
OBJECTIVE: Request that the Board of County Commissioners authorize a time
of day waiver to the Code of Laws and Ordinances of Collier County, Florida, in
conformity with Section 54-89 of the Code for the dredging activities related to the
Clam Bay Restoration and Management Plan.
CONSIDERATIONS: Due to the nature of the construction activities related to the
Clam Bay Dredging Project and the critical time constraints for completion of this project,
it may be necessary for equipment to operate outside the normal daylight hours, seven
days each week. Due to the uncertainty of complying with the noise level requirements
during the hours of 6:00P.M. to 7:00A.M. as set forth in Subsection 54-92 (2) of the
Code of Laws and Ordinances of Collier County, Florida, a time of day waiver is
requested in conformity with Section 54-89 of the Code. In an effort to minimize the
impacts in this regard, the contract specifications require that all equipment used on this
work shall be equipped with satisfactory mufflers or noise abatement devices. This
proposal was discussed with county personnel that used this same project schedule for
Clam Pass dredging and they advised that there were no problems or complaints
associated with those projects.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize a time of
day waiver to the Code of Laws and Ordinances of Collier County, Florida, in conformity
with Section 54-89 of the Code, for the dredging activities related to the Clam Bay
Restoration and Management Plan.
Ja~rnes P. Ward ""
Department Director
~E~D BY: [/~ DATE:
Ed Ilsc~er ' ' ' / / ' '
Public Works Director
0 S 1999
EXECUTIVE SUMMARY
APPROVE FINAL RANKING OF CONSULTANTS FOR ENGINEERING
SERVICES FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT
PLANT REVERSE OSMOSIS EXPANSION, RFP/498-2891, PROJECT NO.
70054.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, approve the final
ranking of Consultants as recommended by the Consultant Selection Committee
and authorize staff to negotiate a Professional Services Agreement with the
number one ranked firm, Metcalf & Eddy, Inc., for professional engineering
design and construction services pursuant to RFP #98-2891 for the South County
Regional Water Treatment Plant (SCRWTP) 8~Million Gallons per Day (MGD)
Reverse Osmosis Expansion.
CONSIDERATIONS: On November 3, 1998, invitations for proposal were
distributed by the Purchasing Department to one hundred and sixty-five (165)
engineering firms. T~venty-eight (28) firms requested the full proposal package.
Four (4) firms returned proposals on or before the established deadline of
"" December 18, 1998.
The Consultant Selection Committee approved by the County Administrator on
October 14, 1998, ranked the top three respondents as follows:
1. Metcalf & Eddy, Inc.
2. Camp Dresser and McKee, Inc.
3. Kimley-Horn and Associates, Inc.
Metcalf & Eddy. Inc., has a satisfactory performance record with Collier County
on similar projects. In particular, Metcalf & Eddy is the consultant for the North
County Regional Water Treatment Plant (NCRWTP) 8-MGD Reverse Osmosis
which is under construction and nearing completion. The NCRWTP project
designed by Metcalf & Eddy is under budget and on schedule. Many of the
design aspects of the NCRWTP 8-MGD Reverse Osmosis expansion are similar
to the proposed SCRWTP 8-MGD Reverse Osmosis Expansion. Metcalf & Eddy
provides continuity xvith a tried and experienced engineering consultant familiar
with the County's requirements.
Upon approval of the final ranking by the Board, staff will negotiate a scope of
work and fees with the number one ranked consultant, Metcalf & Eddy, Inc., and
bring it to the Board for approval.
'Executive Summary
Approve Final Rankings of Consultants for SCRWTP 8-MGD Reverse Osmosis Expansion
Page 2
FISCAL IMPACT: None at this stage.
GROWTH MANAGElX!ENT IMPACT: This project is needed to meet future
growth potable water demands in the south service area as recommended in the
1996 Water Master Plan Update adopted by the Board on October 22, 1996,
Agenda Item 8(B)(1). The SCRWTP 8-MGD expansion is projected to meet the
additional water demand needs from 2003 to 2015 in the south service area.
RECOMMENDATIONS: Staff recommends that the Board of County
Commissioners, as the Ex-Officio governing board of the Collier County Water-
Sewer District, approve the final consultant ranking as recommended by the
Consultant Selection Committee and authorize staff to proceed to negotiate a
Professional Services Agreement with Metcalf & Eddy, Inc., to provide
professional engineering services related to the SCRWTP 8-MGD Reverse
Osmosis Expansion.
Mohan V. Thampi, P.E., Project Manager
Public Works Engineering Department
REVIEWED BY:¢Zff Bibby, P.E., Director DATE:
Public Works Engineering Department
REVIEWED BY: /! ~~"'~""~/" DATE: 2/7__~/..~.~'
Paul Mattausch, Water Director
Public Works Division
'ExecUtive Summary
Approve Final Rankings of Consultants for SCRWTP 8-MGD Reverse Osmosis Expansion
Page 3
REVIEWED BY: ,.' '/'! '
Steve Camell, Director
Purchasing Department
REVIEWED BY DATE
Ed Ilsch~e]', Adminis'trator
Public Works Division
"' MVT:mvt
EXECUTIVE SUMMARY
APPROVAL FOR A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR A PICNIC TO
RECOGNIZE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EMPLOYEES.
OBJECTIVE: That the Board of County Commissioners approve a resolution finding that specific expenditures
for the April 17, 1999 Collier County employee picnic are a valid purpose to recognize outstanding service by
Collier County employees.
CONSIDERATIONS: That the Board of County Commissioners is desirous of creating, within Collier County
Government, a more productive and efficient working environment. To this end, the employees have organized the
third (3) Annual County employee picnic scheduled for April 17, 1999. It is the purpose of these expenditures to
recognize outstanding community service by Collier County employees by providing a picnic for the employees and
their families. The expenditures are estimated to be $5000.00. A local food service provider would be secured to
supply a chickerdcheeseburger fare for the event. The attached Resolution is provided in order to ratify related
expenditures for this event.
Communication has occurred between the County Clerk of Courts and the County Attomey's office regarding the
need for the Board of County Commissioners to clarify whether the expenditures for the picnic constitute a valid
public purpose. This specifically is desired because Collier County Ordinance No.. 87-5 does not cover the exact
expenditure categories involved in the picnic. It is the purpose of the proposed attached resolution to clar/fy the
Board's intent to approve the expenditures for the picnic. The specific categories of expenditures (the total mount
of which shall not exceed $5000.00) are as follows: tents, bounce house, snow cone machine, food catering, drinks,
brownies, band, pony, clown and miscellaneous expenditures related to the above mentioned list.
FISCAL IMPACT: A budget amendment will transfer $5,000 from General Fund Reserves (001-919010-991000)
into the Recreation Programs account (001-156341).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the attached Resolution approving specific expenditures to be
incurred at the Collier County employee picnic on April 17, 1999 and the necessary budget amendments. Further,
that the Board find that said expenditures serve a valid public purpose and that the Board authorize the Chairman to
sign said Resolution authorizing disbursements of funds to pay for the expenditures.
Department of Parks and Recreation
Reviewed and MaWrlaRgose ,~
ApprovedBy: Date:
Y
Department of Parks and Recreation
[ '
MAR O 9 1999
/
RESOLUTION NO. 99-
.._-..
A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC
PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR
SPECIFIC EXPENDITURES TO BE INCURRED AT THE APRIL
17, 1999, COLLIER COUNTY EMPLOYEE PICNIC.
WHEREAS, Collier County Ordinance No. 87-5 allows for the expenditure of County
funds to enhance County employee productivity, promote and generate good will toward County
government in the community, and to encourage increased employee responsiveness to the needs
and requests of the citizens and residents of the County; and
WHEREAS, Ordinance No. 87-5 requires that the Board adopt and implement a
Resolution setting forth the specific purpose of expenditures incurred pursuant to the Ordinance
and
WHEREAS, the Board, through its staff, is planning a picnic for Collier county
employees and their families in recognition of outstanding service to the community by Collier
county employees; and
WHEREAS, the Board hereby seeks to approve the eXpendRure.~ for the picnic ad to
find that they serve a valid public purpose; and
WHEREAS, the Collier County Clerk of Courts has conferred with the County
Attorney's Office regarding the need for clarification about the specific expenditures which the
Board of County Commissioners intends to approve as serving a valid public purpose, even if the
expenditures are not clearly covered by the various expenditure categories set forth in Collier
County Ordinance No. 87-5.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The expenditures in the amount not to exceed $5,000.00 for the Collier County
employee picnic to be held on April 17, 1999 are hereby found by the Board to serve
a valid public purpose and are also hereby approved. The specific expenditures
hereby approved are:
Brownies Generator Rental Band Cups
Tents Clown Drinks Printing
Bounce House Cotton Candy Machine Pony Snow Cones
Candy Food Catering Grand American Games
2.The Board of County Commissioners hereby authorizes the disbursement of funds
not to exceed $5,000.00 to pay for said expenditures.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Pamela S. Mac'Kle, Chairwoman
Approved as to form and
Thomas C. Palmcr
Assistant County Attorney "~_.~'Agefldl
H:tcp/Res. 1999 - Employee Picnic NO * /
MAR O 9 1999
EXECUTIVE SUMMARY
AWARD THE EXOTIC VEGETATION REMOVAL (#98-2892) AT COLLIER COUNTY
PARKS.
Objective: That the Board of County Commissioners award the exotic vegetation removal
bid for County Parks to Native Creations Inc. and Aquatic Plant Management.
Consideration: The Board authorized and budgeted $180,000 in fiscal year 99 to remove
exotic plant vegetation in various County Parks. A competitive bid package, #98-2892, was
mailed to 120 vendors on December 29, 1998. Of the five (5) responses received, Native
Creations Inc. is the apparent low bidder on all categories with the exception of the Australian
Pine project at Barefoot Beach Preserve where only one competitive bid was received and has
been since rescinded by the vendor, Aquatic Plant Management. Below is a breakdown of the
award amount and funding accounts.
Native Creations Inc. Fund and Account Number
Barefoot Beach (A,C) $ 5,000 306-116360, #80600
Veterans Park $ 9,500 306-116360, #80600
Clam Pass (A-D) $12,000 306-116360, #80600
Tigertail Beach (A-D) $10,000 306-116360, #80600
Sugden Park (A,B. Alt.) $33,000 345-116360, #80081
$72,500
The scope of services includes the removal of exotics at Tigertail Beach, Sugden Park, Clam
Pass, Barefoot Beach Preserve, and Veterans Community Park utilizing environmentally
sensitive techniques that will preserve the surrounding areas. The removal restores the park to a
more natural setting and will significantly improve the growth of the existing native vegetation.
The remainder of the funding will be utilized to restore native vegetation to areas where exotics
have been removed.
A quarte~y maintenance program to begin in FY 00 was bid as well. Native Creations was the
lowest apparent bidder at Barefoot Preserve, Clam Pass, and Sugden Regional Park while
Aquatic Weed Control was the lowest bidder at Veterans Park and Tigertail Beach. A
maintenance program prevents exotics from growing back, protects the County's investment in
the current project, and proactively saves the County money. The annual ongoing maintenance
expense of $15,600 will be exercised by purchase order.
Growth Management: None
Fiscal Impact: Funds are specifically allocated for exotic removal in the Regional Park
Impact Fee, Sugden Regional Park project (345-116360, #80081) in the amount of $33,000 and
the Park Improvement Fund, Exotics Removal Project (306-116360, #80600) in the mount of
$39,500. In FYO0, $15,600 will be budgeted in the general fund, park and other property
account (001-156332) to budget for the ongoing maintenance expense.
Recommendation: That the Board authorize the Chairwoman to sign an agreement with
Native Creations Inc. to remove exotic vegetation at various park sites.
(fJo~/)un~uck, Operations Coordinator ' ' '
Department of Parks and Recreation
Reviewed and ' ' ,'
Reviewed and .~. _~..-. .~' ///? -v, (~"Z '/~ ;~
Approved by: .- . ~.,,.~,,~. ,-..? .,_.~.-~.,-~ ','Z';' Date: /-- &/' ' /
Steve Camell, DireCtor
Department of Purchasing
Approved ~-~,'~ ~ Date: '~,-~- ~ c~
Tho'm~s~V.' ~li~, Ad~i~tor '
Division of Public Se~ices
MAR 0'9 1999
pg., ~',
-,"-- EXECUTIVE SUMMARY
APPROVAL OF A BUDGET AMENDMENT TO PAY FOR TIPPING FEES
ASSOCIATED WITH THE REMOVAL AND DISPOSAL OF AN UNSAFE
BUILDING LOCATED AT THE SOUTH IMMOKALEE PARK
OBJECTIVE: To remove an unsafe building.
CONSIDERATIONS: The South Immokalee Park contains a building that was owned by
the County but used by "Child Care of Immokalee' in an arrangement that goes back
several decades. A new child care center was built in another area of Immok-alee leaving this
old building doEant for the past two years. The building has since deteriorated to the
point where it is an unsafe building especially when located on a park property. The
balance of the South Immokalee Park is used as a small neighborhood park.
The Parks and Recreation Department has been able to find volunteers who will raze the
building and remove the debris at no cost to the County. Because this generous offer to
assist was made mid-year, the budget amendment is necessary but the project will obviously
be significantly less expensive if it is done now than if it would if budgeted and done
through a paid demolition contractor next fiscal year. The value of the demolition and
hauling work is estimated to be $13,700. In addition, the associated tipping fees at the
landfill are estimated to be $15,000 and because Solid Waste operates as an enterprise fund,
fees cannot be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with the requested action, as this building has extremely little or no book value.
FISCAL IMPACT: The current general fund reserve is $5,607,367. The requested budget
amendment is for $15,000. Funds would be transferred to the Parks Department with the
solid waste invoice provided for the actual tipping fees paid according to the weight of the
materials discarded.
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS approve a budget amendment from the general fund reserves in the
amount of $15,000 to pay for the tipping fees associated with the removal and disposal of
an unsafe building located at the South Immokalee Park.
Prepared b~.__u2%h."'Y~ ~
Thomas W. Ollif~,'~lc Se~ices Administrator
NAR 0 9 1999
EXECUTIVESUMMARY
AUTHORIZATION OF AN AMENDMENT TO THE CONTRACT
BETWEEN COLLIER COUNTY AND THE AGGRESSIVE SKATERS
ASSOCIATION
OBJECTIVE: To provide for payments of eligible expenditures that were excluded from
the original agreement
CONSIDERATIONS: The agreement for use of TDC funding for the advertisement and
promotion of the ASA event held in May of 1998, was not executed until three days prior
to the event. The date of this agreement's approval was dictated by the schedule for the
TDC meeting, the County Commission meeting and the event itself. Because of this late
approval, only expenditures that were incurred after the date of the final approval were
eligible for reimbursement. However, advertising and promotion expenses had to be spent
prior to three days before the event if the advertising and promotion was to be effective at
all. Many of the expenditures that are eligible for reimbursement cannot be reimbursed
because of the date of the agreement's execution. It is staffs opinion that the intent of the
approval for use of the TDC funds was to allow for reimbursement for eligible expenses
incurred and the attached amendment will allow that to occur.
,_, GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this amendment.
FISCAL IMPACT: The original approval for TDC funding was for $40,000. This
amendment will allow reimbursement up to this amount but will incur no additional
expenses. These funds are already budgeted and based on the original agreement were
already allocated for this purpose.
RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS, authorize the amendment to thelq98 Tourism Agreement between
Collier County and the ASA Properties LLC regarding the In-Line Skate Competition
Scheduled for May 16-17, 1998.
Prepared by5'
~:l~"rri;s W. Ollifi; P'~Services Administrator
FIRST AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE ASA PROPERTIES LLC REGARDING
THE IN-LINE SKATE COMPETITION SCHEDULED FOR MAY 16-17, 1998.
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day
of__., 1999, by and between ASA Properties LLC, hereinafter referred to as "GRANTEE" and
Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY."
RECITALS:
WHEREAS, the GRANTEE and the COUNTY entered into a 1998 Tourism Agreement
dated May 5, 1998 (the "Tourism Agreement") in the amount of $40,000.00; and
WHEREAS, the COUNTY desires to fund expenditures incurred prior to the effective
date of the Tourism Agreement: and
WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS PROVIDED
HEREIN ANq2) OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS
FOLLOWS:
1. Section 3 to the Tourism Agreement shall be deleted in its entirety and replaced with
the following language:
ELIGIBLE. EXPENDITURES: Eligible expenditures described in Section 1 will be
paid by COUNTY, and the COUNTY expressly authorizes the payment of expenses
incurred by GRANTEE between March 25, 1998 and May 4, 1999. Any expenditures
paid by COUNTY which are later dc~:med to be ineligible expenditures shall be repaid to
COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY
may request repayment of funds for a period of up to one year after termination of this
Agreement or any extension or renewal thereof.
2. Except as set forth herein, all of the terms and provisions of the Tourism Agreement
--'- shall remain in full force and effect.
AR 0 9 i999
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person oz agent, hereunder set their hands and seals on the date and year first above
written.
DATED: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
PAMELA S. MACKIH, Chairwoman
WITNESSES: GRANTEE
ASA PROPERTIES LLC
Printed/Typed Name
(2) By:
Printed/Typed Name Print/Name and Ti~e
(corporate seal)
Approved as to form and
legal sufficiency (~
Heidi F. Ashton
Assistant County Attorney
h:hg/hfa/99 tdc agreement/l' Amendment ASA Properties LLC r~ h-Line Skat~ Comp.
.AR 09 i9 9
-"' EXECUTIVE SUMMARY
RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS
SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY
OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at
the next surplus auction, which is scheduled for Saturday, March 27, 1999.
CONSIDERATIONS: Pursuant to the Purchasing Policy, attached is an itemized list of
surplus property that has been transferred to the Purchasing Department. The Board of
County Commissioners has approximately 222 Lots that will be auctioned, of which there
are 50 fleet vehicles, 4 ambulances, 7 dump trucks and several pieces of equipment.
The County is currently under contract with a full-service auctioneer, First Coast Auction &
Realty, Inc., to provide comprehensive auctioneer services to include preparation for the
event, sale and disposal of all surplus County-owned assets, and the transfer and
disposition of all property titles. This sale will be conducted pursuant to Section 274.06,
Florida Statute.
The items on the attached list are being offered for transfer to other departments prior to
.-~-. auction. In an effort to dispose of additional surplus items received by the Purchasing
Department prior to the March 27, 1999 auction date, staff is requesting permission to
dispose of additional non-asset surplus items that may be received subsequent to the
preparation of this Executive Summary at the March auction. All items sold and their
realized values will be reported in a follow-up Executive Summary.
FISCAL IMPACT: The net revenue will be credited to the appropriate funds.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION:That the Board of County Commissioners authorize the sale and
........ _ ..... DATE: ~- / ~- ? ~
Gwen Butler, Senior Buyer
Purchasing Depa~ment
REVIEWED BY: ~~,'~ ~ . ~ ,~ DATE: ~'l ~- ~ ~
Steve C~rnell, C~M, Director
Purchasing/General Se~ices Dept.
REVIEWED BY: ~" DATE: ~/:~/~
NAR 0 9 999
,, Pg' , ,/:=,:- -
SURPLUS PROPERTY - INVENTORY
ITEM FUND ITEM DESCRIPTION/SERIAL # ASSET # FROM
I 910 Canon NP 8580 Copier Purchasing
2 910 Mira DL 5585 Copier PurChasing
3 cJlO Panafax UF-250 Fax Machine 891783 Social Services
4 910 Hitachi HIFA×-11 Fax MaChine 920298 Social Services
5 910 Acer 710 CP~: Monitor Social Services
6 910 Seikosna I~ ~500 Pri~":~er Social Services
7 408 Assorted Br~.~ PiPe:~ Water DiSt
8 910 HP Desk Jet 540 Prin' . (NOT working) Risk Mgmt
9 910 Hitachi HIFAX-11 Fa× :.;~chine 920435 Agriculture
10 910 HP Ve~.tra ES-12 CPU ~ MOnitor Agriculture
11 910 Pack.~: ;,:1 Bell PB2400PLUS 2400 baud external modem Agriculture
12 910 ABDK.. 588 Stencil Maker Agriculture
13 910 Computer Monitors (74+) Various
14 408 Gateway 2000 CPU + Monitor (NOT working) NCRVVWTF
15 408 Assorted Keyboards and Cords NCRWVVTF
16 408 Plans Cabinet NCRWWTF
17 408 Panasonic KX-P11123 Printer (working) NCRWWTF
18 408 LA75 Digital Printer ~Working) 920380 NCRWWTF
19 408 Econo-Ton II Auto Crane 920556 NCRVVWTF
20 910 Blue/Gray metal sectional lobby furniture (Several pcs) Healtl~ 'O'ept
~21 910 cPu's (85+) various.
2 910 Keyboards (too numerous to count) Various
z3 910 External CD-~OM Drives Various
24 910 Cables, Boar~.!S, Wiring, Misc components Various
25 408 Xerox Copier' 920773 Pub Wks
26 910 Printers (58+) Various
27 910 Xerox Copier 920776 Purchasing
28 910 Savin Tabletop Copier 900309 Road&Bridge
29 910 Typewriters (17) Various
30 910 Various Small Office Equipment ._. Various
31 910 Postage Equipment 82375,91104 Tax Collector
9, 890410
32 910 Storage Cabinets Tax Collector
33 910 Cubicle Divider Panels Tax Collector
34 910 Decoilator MIS
35 910 Drafting Table .Graphics
36 408 Miller Welder 862206 Wasewater
37 910 DEC Repeater M!~
38 910 Mita Copier DC-1415 911174 M~diation
39 521 Toshiba Copier 910633 Fleet
40 521 Norge Refrigerator Fleet
41 910 Motorola UHF Radio Repeater 6766 EMS
42 910 MOtOrOla UHF Radio Repeater 6765 EMS
43 910 Antennas and cable for Repeaters 6767 EMS
44 910 Triple-Wide Mobile Home (Immokalee) (Pictures Only) Facilities
45 408 Dempster Industries Pump (Picture Only) NCRWWTF
-~6 408 US Elect. 15hp motor (Picture Only) NCRWWTF
~ 408 68 ft Communication Tower w/guy wires (Picture O~y) NCRWWTF
48 910 Multiplexer MIS
49 910 Yamaha Generator _. 960347 Parks & Rec
MAR O 9 f.q.e,q
,, -.
50 910 S-C-T Meter 86367 Pollution Control
51 910 Ph/ISE Meter Pollution Control
52 910 Fisher Scientific Meter 86362 POllution Control
53 910 Fisher Scientific Meter 86363 Pollution Control
54 910 Charger &Battery for Portable Turbidimeter Pollution Control
55 910 HF Scientific Portable Turbidimeter Pollution Control
56 910 Orion Research Meter Pollution Control
57 910 YSI Meters (2) Pollution Control
58 910 Water Softener 920439 Pollution Control
59 910 Deionizer R/O 920441 Pollution Control
60 910 Reverse Osmosis wall System 920440 Pollution Control
61 910 Barnstead Sterilizer 930120 Pollution Control
62 910 Kenmore Microwave Oven 86539 Judge Hayes
63 910 RCA 19" Television Court Admin
64 910 Cash Registers (4+) Parks & Rec
65 910 Miscellaneous Electronic Stuff (phones, chargerS~' etc) Various
66 910 Miscellaneous Computer Stuff (Modems, CD Roms, etc) Various
67 910 Adding Machines (12+) Various
68 910 Answering Machines (14) Code Enforce
69 910 FloOr Buffers (2) 81375, 88889 Parks & Rec
70 910 Macintosh Computers (11 +) Pollution Control
71 910 Two-Drawer File Cabinet Parks & Rec
72 910 Metal Desk Parks & Rec
73 910 Table Parks & Rec
74 910 Assorted manuals & Software Various
75 910 Overhead Viewer Graphics
76 910 Drafting Lamp Graphics
77 910 Slide Copier Graphics
78 910 Fax Machine 940430 Public Works
79 910 Pitney Bowes Fax Machine Probation
80 910 Panasonic Fax Machine 940315 Probation
81 910 Panasonic Fax Machine IT-1115 Comm Dev
82 910 Murata Fax Machine 900758 Comm Dev
83 910 NEC Fax Machine 921062 DOR Utilities
84 910 Konica Copier 3290 891530 Court Admin
85 910 Mira Copier DC-1415 911174 Mediation
86 910 Konica Copier Royal 1503 Probation
87 910 Konica Copier ROyal 1290 900757 Planning
88 910 Boxes of Miscellaneous Items Various
89 910 Various desks, tables, other office furniture Various
90 910 Zenith Notebook Computers (several) Health Dept
91 910 Laptop COmputer Tax Collector
92
NAR 0 9 1999
Z
~ c"q ('-,1 ~ (',.I
~
O0
~-~
EXECUTIVE SUMMARY.
APPROVAL OF AN AGREEMENT FOR THE PUBLICATION OF A COUNTY
GOVERNMENT INFORMATION GUIDE
OBJECTIVE: That the Board of County Commissioners approve an Agreement with the
publishing finn of Future 1't Global, Inc. to publish an information guide for Collier
County Government.
CONSIDERATION: On December 18, 1998, the Board of Commissioners conducted
a workshop to review the Public Information Department's Annual Work Program. One
of the elements ofthe plan that was discussed and endorsed by the Board was the
publication of a magazine describing the various programs and services provided by
Collier County government. The publication will be used in such activities as Collier
County Government Week, Collier Serves, and various speaking engagements organized
through the Department of Public Information. Public Information staff will supply all
layout and information in the Guide. This publication presents a unique way for local
merchants to participate and support their government.
FISCAL IMPACT: None. The publication is financed through the sale of advertising
by the publisher.
GROWTH MANAGMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve an
Agreement with Future 1't Global, Inc. for the publication of a Collier County Government
information guide.
J~n Mer:ritt, Director '
Department of Public Information
L~o E. Ochs, Jr., ~dmi 'strator
Support Servic4' Di~n
i
,,_ ·
HAR 0 9 1999
Pg. /
AGREEMENT
This Agreement is effective this day of by and
between Future 1 st Global, Inc., a Georgia Corporatisn, having offices at 2623 Sandy
P!ains lid., Marietta. GA 30066 (heroinafter referrecf to as the PUBLISHER), and
Collier County, having offices at 3301 East Tamiami Trail, Naples, FL 34112
(hereinafter referred to as the CLIENT).
WiTNESSETH:
WHEREAS, it is the intention of CLIENT and PUBLISHER that they snail
ccml~ine the!= efforts to coopera~ive!y ;ubfish a Collier Coun,"y Guide under t~.e :er.m,s
and ccnditic"~s described heroin; an~
WHEREAS, such promotional publications may incluc~e descriptions sf the
unit's governmental structure, transDcrtation, infrastructure (i.e., sewerage aEC '.va~er
facilities). environmental features, recreationF: facilities and activities, health sap/ices.
educational facfiities, social se~ices, ccmr :ication facilities, cultural facilities
activities, demographics, hotel and conference facilities, professional seaices. ~t~lities.
financial seduces, profiles of the lar~er employers, real estate, construction. retail
shopping facilities, and the like, saia promotional publications being referre~ tc heroin
collectively as a Collier Ccun~ Guide; and
WHEREAS, PUBLISHER would prepare, print and deliver copies cf the
Collier Coun~ Guide at no ~st to G LIENT. deriving its revenues from the sale of
adve~ising; and
WHEREAS, the CLIENT desires to engage PUBLISHER to prepare a
Collier Coun~ Guide for it; and
WHEREAS, PUBLISHER desires to prepare a Collier Coun~ Guide for the
CLIENT;
NOW,THEREFORE, in consideration of the covenants and promises herein
provided, the panies agree:
.... HAR, 0 999
I. PERFORMANCE
1. PUBLISH~=R shall provide. at no cost or expense to the CLIENT (except
as expressly set forth herein) a Collier County Guide.
2. PUBLISHER shall provide all editing, typesetting, prepross, printing and
advertising at its sole cost and expense. Said Guide shall be of professional quality &
standard.
3. PUBLISHER shall retain all revenues derived from the sale cf adve~ising
as compensation for the creation of a Collier County Guide. Copies of the Guic~e will
lee free of charge to Collier Count,./. PUBLISHER shall make c!ear to prcs.sectiv=_
advertisers that ad placement is entirely voluntary and that the decision as to whether
to advertise or not would not affect their relationship with the County. PUBLISHER
shall bear sole res.ccnsibility for receiving payments for =-dvertisements .~nc~ ens~ri~_c
that said payments result in the advertisements being placed in the Collier Ccur,,.',/
Guide. The County shall have no liability whatsoever for PUBLISHER'S faiiurs '.c
publish advertisements in the Collier County Guide.
4. The completed Collier County Guic~e shall inciude a coated cover in =_. ~cur-
color format. Text pages shall be printed on a coated stock.
5. 'i'he total numt~er of editorial pages will equal or ~e greater than
number of advertising pages. The inside editorial pages will be printed in I~lacj< anc
white.
6. It is expressly understood that any right, title and interest in, an~ tc any
copyright in, the Collier County Guide is hereby retained by PUBLISHER.
7. PUBLISHER shall deliver to the CLIENT a number of copies based u~scn
the following schedule:
15 pages of advertising sold - 3,000 copies
20 pages of advertising sold- 4,000 copies
25 pages of advertising sold - 5,000 copies. For each increment of ten (10)
advertising pages (or shortfall) 2,000 copies will be added to (or deleted from) the
total.
8. PUBLISHER shall refF: ~ frcm scliciting cr acce.cting political
advertisements, advertisements witl" lewd and lascivious messages, or
advertisements of a sensitive social nature which may be construed as exp.'essing an
opinion of the administration of Collier County. Collier County shall maintain contrcl.
and approval in all areas of design, advertising and editorial content.
II. THE CLIENT'S PERFORMANCE
I. CLIENT shall..provide an original letter of support frcm the County C.E.O. cn
official letterhead having the copy set forth to describe the Guide to the business
community; and from time to time any additional letters as may be deemed reascnaC. ly
necsssar,/by publisher, which are acceptable to C L! E NT.
PUBLISHER reauests the CLIENT provide this le~er of su~c~ ,,virgin 7-
10 days of the contract signing.
2. The CLIENT shall provide PUBLISHER with an assortment cf
pho~cgraphs to be used on thefro,,-: cover and within and throug,hout the text.
3. The CLIENT shall prowc:e PUBLISHER with a current list of vendors ,with
res.cective phc.:~e numcers.
4. The CLIENT shall use its best efforts to otherwise facilitate and enhance the
success of the project.
IIi, MISCELLANEOUS
1. Any notice or statement by either party shall be deemed to be sufficiently
given when sent by prepaid, certified mail, return receipt requested, to the other part,/
at its address set forth herein above. These addresses shall remain in effect unless
another adOtess is substituted by like written notice.
2. No amendment or modification of the Agreement shall be valid or binding
unless the same shall be made in writing and signed on behal.f of each party by their
respective proper officers duly authorized to do so.
3. The Article titles of the Agreement are inserted for convenience only and
shall not be construed as limiting in any manner.
4. a) The failure to enforce any of the terms and conditions cf this Agreement
by either parties hereto shall not be deemed a waiver of any other right or privilege
under this Agreement or a waiver of the right to thereafter claim damages for any
deficiencies resulting from any misrepresentation, breach of warranty, cr nonfulfillment
of any obligation of any other party hereto.
b) In order for there to be a waiver of any term or condition cf the
Agreement, such waiver must be in writing and signed by the party. makinG such
waiver.
5. HOld Harmless The PUBLISHER agrees to indemnify and hold
harmless the County and its officials, agents and employees from all claims. damages,
liabilities, judgments, losses, expenses or suits of any nature whatsoever arising out
of, because of, or due to the breach of this agreement by the PUBLISHER. its
delegates. agents or employees. or due to any act or ccc'--'rrencs cf omission or
commission cf t~.e ~U~=LJSHE;~, inc:uCing cut nc~ jim~ec :c costs a.".c a reascnaC~e
attcrne,/s fee. The Count/may, at its sole oction. defecc itself cr aitcw
PUBLISHER to provide the defense.
IV. TERM OF AGREEMENT
The duradon of this muiti-year contrac: shall begin on the ca,/:~',at ;scth pa~jes
shall have signed the contract.
This multi-year contract shall expire on December 1, 2001 or on the date of
de!ivery to CLIENT cf the third annual edition of the Collier County Gujde, whichever
date is later. During the term of this agreement there will be an issue of the Collier
County Guide printed and distributed each year beginning with the 1999 edition.
Either party shall have the right to terminate this agreement for any future year in
writing within 30 days following receipt of the current year's edition of the Count,/
Guide.
IN WITNESS WHEREOF, the Publisher and the Client, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk
By: By:
Dated: Pamela S. Mac'Kie, Chairwoman
(SEAL)
Future 1,t Global, Inc.
Publisher
First Witness Signature
~'Type/print witness narnc,~
eco~~~' David Turkat, Ph.D. Executive Vice President
nd Witness Typed signature and title
I " ·
Assistant County Attorney
EXECUTIVE SUMMARY
AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS
FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND
DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
OBJECTIVE: Recommendation that the Board of County Commissioners authorize the
Chairwoman to execute Satisfaction of Lien documents filed against real property for abatement
of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier
County, Florida.
CONSIDERATION: The Board of County Commissioners authorize the filing of Liens, for
the purpose of receiving compensation for nuisance of abatement on the real property described
as follows:
SEE EXHIBIT "A"
Said Liens were recorded in Official Record Book of the Public Records of Collier County,
Florida. The owners of said properties have paid to the Board of County Commissioners sums
representing full payment of principal and interest due under said Liens. Collier County has
verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and
order the Clerk of Courts to record same in the public Records of Collier County, Florida.
FISCAL IMPACT: Recording the satisfactions of liens is approximately $48.00 and will be
charged to MSTD General Fund - Code Enforcement Admin.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman
to execute the attached Satisfaction of Lien documents filed against real property for abatement
of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier
County, Florida.
Pam C is, Revenue Supervisor
~.ent of~,,?,venue ..
REVIEWED B .~' ~A. Yo'j6~..n..~~i Direct '--) '
APPROVED Date: -~ 0- ,~;
stratr"Support ~ervice - ~..~ _,
MAR O 9 1999
Pg ....
EXHIBIT "A"
1. Kathy E. Mu!!en Estate, c/o Donna Atkins, EXE, Folio #36447400004, Lot 4, Blk 252, Unit 7,
Golden Gate.
2. Andi Pearson & Carol Irving, Folio #57648760001, Lot 6, Blk 184, of Marco Beach Unit 7, a
Subdivision.
3. Silas Bacon, Folio #66930680000, Lot 20, Pine Grove Subdivision of the Town of Immokalee.
4. Lloyd G. Sheehan, Folio #61834920007, a Portion of Lot 38, Naples Grove & Truck Co's
Little Farms No. 2.
5. Pal Martonosy, Folio #50891480009, Lot 52, Holly Terrace.
6. Vito A. Dipalma, Theresa M. Dipalma & Leonardo A. Dipalma, Folio #36324160001, Lot 8,
Blk 225, Unit 6, Part - Golden Gate.
7. Doris G. Hathaway & Marlene V. York, Folio #77210440001, Lot 4, Blk 2, Trail Acres, Unit
/-- 1.
8. Guy J. Iarussi ET UX, Folio #55700040001, All of Linda Park, Except Lots 38, 39, 40, 42, 43
and 44, a Subdivision of Lot 51 of Naples Grove and Truck Co's Little Farms No. 2, Less
State Road Right-Of-Way.
]AGENDA ITEN
NAR 0 9 1999
Pg. ~ _
EXECUTIVE SUMMARY
REPORT AND RECOMMENDATIONS CONCERNING THE SELECTION OF
CONSULTANTS.
OBJECTIVE: To enhance and clarify the County's processes for selecting and
negotiating contracts for professional services subject to Section 287.055, F.S.,
otherwise known as "The Consultant's Competitive Negotiation Act".
CONSIDERATIONS: On December 8, 1998, the Board of County
Commissioners awarded the annual engineering services agreement to seven
firms. Pursuant to making that award, the Board directed staff to provide follow
up information concerning the competitive selection of consultants under the
aforementioned law. Prior to and concurrent with that discussion, staff has been
developing policies and procedures concerning issues raised both in and apart
from the December 8th discussion for consideration herein.
The primary issues to be referenced in this presentation include the following:
· Consideration of the consultant's work location in the selection process.
· Interaction between consultants and county officials at various stages of the
selection (and negotiation) process(es).
· Implementing uniform procedures for administering the selection process
(e,g.; appointing committee members, developing the RFP, providing public
notice of and access to selection committee proceedings and scoring/ranking
the proposals received).
With regard to the first issue, staff has reviewed the distribution of all pertinent
consultant contract awards over the past three years and noted more than 71%
of the dollars expended have been paid to firms located in Collier County.
Additionally, nearly 95% of the dollars expended under term agreements for
these professional services have been paid to "in County" firms. Based on this
information, it does not appear that the local consulting firms are receiving a
disproportionately low share of the County's business. Therefore, staff does not
advocate adopting any type of local preference policy. Rather, it is staffs
recommendation that location continue to be considered on a project-by-project
basis, specific to the needs of the job. In other words, the criterion for location
would be weighted more heavily for projects wherein a local presence is required
or clearly advantageous and less heavily when location is not as significant.
Direction regarding the application of this concept would be addressed by
administrative procedure. .~o.~_~.~
HAR 0 9 1999
, Pg. /
Concerning the interaction between consultants and County staff/officials, both
consultant and staff members alike have raised questions regarding when they
are permitted/not permitted to contact the other during the selection process.
Accordingly, staff is drafting a policy to provide direction in this matter. Upon
concurrence from the Board, staff will submit the proposed policy under a future
Board agenda. The primary components of the policy include the following:
· Encouraging open contact between consultants and County representatives
(i.e., staff and elected officials) prior and subsequent to the issuance of a
Request for Proposals.
· Protecting the fairness, openess and competitive nature of the process by
limiting contact between consultants and County representatives during the
publication, evaluation and award phases to specific individuals with direct
responsibility for the acquisition process.
With regard to the third issue, staff has developed and is presently implementing
updated administrative procedures applicable to all staff members participating in
the selection and negotiation processes.
FISCAL IMPACT: No direct expense would result from this action.
GROWTH MANAGEMENT IMPACT: N/A.
RECOMMENDATION: That The Board of County Commissioners accept the
staff report regarding the consultant selection process, concur with staffs plan to
address the issue of consultant location as described herein and direct staff to
return to the Board with the actual Consultant/County Representative Interaction
policy for subsequent Board consideration.
Steve Carni~ll,
Purchasing/General Services Director
' "' "'~' C'~~A~d-/'7 Date:
REVIEWED BY: -~
---- APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of
March 9, 1999
Water Management CIP (Fund 325)
Budget Amendment #99-168
Engineering/Const. Mgmt. Fees $30,000
Water Management Facility Improvements (30,000)
Total: '0-
Explanation: To fund conceptual stormwater master plan preparation for North Livingston Road
Basin.
AGENDA ITEM
No./~, d t2
MAR - 9 lYY9
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MARCH 9, 1999
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 98-06739MMA, 97-
02907MMA, 98-02083MMA, 98-06890MMA, 98-00602MMA, 98-01 586MMA, 98-
00887MMA, 97-06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98-
01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98-05261MMA, 97-
09216MMA, 98-03302MMA, 98-07243MMA, 98-08332MMA, 98-03588MMA, 97-
10326MMA, 98-05457MMA, 97-03556MMA, 98-03496MMA, 97-05466MMA, 98-
04502MMA
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06( 1 ), the disbursements for the Board of County Commissioners for the period:
""' A. February 8 - 12, 1999
B. February 15 - 19, 1999
4. Minutes:
A. Collier County Water and Wastewater (Utility) Authority - Minutes of November
23.1998 meeting
/
P~,
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT THAT WILL RECOGNIZE A $189,000
GRANT REIMBURSEMENT FROM THE UNITED SLATES DEPARTMENT OF
AGRICULTURE (USDA) AND WILL RE-APPROPRIATE $189,000 BORROWED
FROM OTHER AIRPORT CAPITAL PROJECTS.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment that will
recognize a $189,000 grant reimbursement from the USDA for costs associated with the manufacturing
incubator project and will re-appropriate $189,000 borrowed from other airport capital projects. Approval
of this budget amendment will be at no cost to the Board of County Commissioners.
CONSIDERATIONS: The Airport Authority has secured a grant from USDA in the amount of $189,000.
The grant will be used to reimburse the cost of adding three additional manufacturing bays (approximately
3.000 square feet) to the original 10,000 square foot, seven bay manufacturing incubator facility.
Before construction began on the original building, all seven of the manufacturing bays had been leased
and other companies were expressing interest in leasing if more bays became available. Since the original
building was first designed to be 13,000 square feet, could be expanded to ten bays and the demand was
there. the Airport Authority decided to move forward with the expansion. Addition of the three bays during
the initial construction period was more economical and efficient than an addition/renovation of the
building after completion so the Airport Authority. funded the cost of the project by putting other airport
prqiects on hold and transferring funds from reserves. The Everglades land acquisition and Marco Island
surcharge projects were put on hold and $189,000 was re-appropriated/allocated to the manufacturing
incubator project along with $21,000 of reserves.
No,,x that grant funds have been secured to pay for the cost of the additional square footage, the budget for
the Everglades land acquisition and Marco Island surcharge projects can be transferred back.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The budget amendment will recognize USDA grant proceeds in the manufacturing
incubator project and re-appropriate funds to the Everglades land acquisition and Marco lsland surcharge
projects. It will require no funds from the Board of County Commissioners. The specific accounts that will
be affected by the budget amendment are as follows:
496-192340-334492-33359 Grant Proceeds $189,000 increase
496-192342-763100-33366 Improvements $125,000 increase
496-192341-763100-33378 Improvements $ 64,000 increase
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve a budget
amendment that will recognize a $189,000 grant reimbursement from USDA and will re-appropriate
$189,000 to the Everglades land acquisition and Marco Island surcharge prqiects. Approval of this budget
amendment will be at no cost to the Board of County Commissioners.
PREPARED BY: ('SL%evv'd.. {,74/ DATE:
J A in~t Ma age
o- e ler, ance n r
APPROVED BY: ~ry ~ DATE i2- e~ "'~N~ ITEM
No_ lu ~
t . , Executive Director c~A'~ ~ _
HAR 0 9 1999
Pg.
EXECUTIVE SUMMARY
PETITION NO. CU-98-9 BLAIR FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS,
EqC., REPRESENTING THOMAS HAWKINS, REQUESTING CONDITIONAL USE "5" OF THE
~E" ESTATES ZONING DISTRICT FOR A SENIOR INDEPENDENT ASSISTED CARE LIVING
FACILITY PER SUBSECTION 2.2.3.3. OF THE LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED AT 2101 COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.63 +/- ACRES.
OBJECTIVE:
The petitioner is seeking Conditional Use "5" of the "E" Estates zoning district in order to allow for an
Assisted Living Facility (ALF).
CONSIDERATIONS:
The 9.63 acre site is proposed to be developed with a maximum of a 155,000 square foot (floor area)
Assisted Living Facility (ALF). The proposed ALF will consist of 157 total units, 70-75 percent will
be assisted living units, 20-25 percent independent living units, and 0-10 percent skilled nursing units.
The facility will provide housing, food service and personal services including a daily meal plan and
community activities. The conceptual site plan indicates that the proposed structure will not exceed the
maximum allowed Floor Area Ratio (FAR) of 0.45 as required in Section 2.6.26.1. of the Land
Development Code. Furthermore, the proposed ALF constitutes a FAR of .37 which is eighteen (18)
percent less that the maximum allowable FAR of .45. Access to the site will be provided via an
existing driveway entrance located off of County Barn Road. The entrance roadway follows the
southern boundary of the site, leading to parking areas and pick-up/drop-off areas in front of the
building. The site plan indicates that the proposed structure is located on the eastern ½ of the site,
approximately 690 feet east of County Barn Road. There is an existing single family structure on the
western half of the site that is proposed to remain on site.
PROS:
Access to the site will be provided from an existing driveway entrance located off of County Barn
Road. The site is heavily vegetated and surrounded with properties which range in size from five (5) to
twenty (20) acres and are developed for single family residential land uses.
CONS:
None.
FISCAL IMPACT:
At buildout, a residential or commercial project will generate the following amcunt of impact fees:
MAR 0 9 1999
Current Estates Zoning District Proposed ALF
9.63 acres / 1 sf du ~ 2.25 acres = 4 sf 9.63 acres developed with 155,000 sq ~
du ALF
4 du x $578.00 (parks) = $2,312.00 157 du x $455.00 (road) = $71,435.00
4 du x $180.52 (library) = $722.08 157 du x $578.00 (parks) = $90,746.00
4 du x .15 x 1000 sq ft (fire) = $360.00 157 du x $180.52 (library) = $28,341.64
4 du x $1,778 (schools) = $7,112.00 157 du x. 15 x 1000 sq ft (fire) = $23,550.00
4 du x $1,379 (roads) = $5,516.00 157 du x $1,778 (schools) = $279,146.00
4 du x .005 x 1,000 (radon) = $20.00 155,000/1000 x $128.00 (EMS) =
$19,840.00
4 du x .005 x 1,000 (bldg code) = $20.00 157 du x .005 x 1,000 (radon) = $785.00
4 du x $1.50 (microfilm) = $6.00 157 'riux .005 x 1,000 (bldg code) = $785.00
4 du x 14.00 (EMS) = $56.00 157 du x $1.50 (microfilm) = $235.50
Total 4 s.f. du generate = $16,124.08 ; Total 155,000 sq ft ALF = $514,864.14
Development of the site for an ALF use, should the conditional use be approved and developed with
155,000 square feet of floor area and 157 dwelling units, will generate approximately $498,740.06
more in impact fees than if the site was developed for single family residential use as presently zoned.
Because impact fees vary by housing type and type of development, and because this appraisal does
not provide this level of specificity as to the actual type of use, the total impact fees quoted are at best
raw estimates. Additionally, it should be recognized that there is no guarantee that the project and
----- buildout will have maximized their authorized level of development. In addition to the impact fees
described there are building permit review fees and utility fees associated with connecting to the
County's sewer and water system. Building permit fees have traditionally offset the cost of
administering the Community Development review costs, whereas utility fees are based on their
proportionate share of impact to the County system. Impact fees are currently under review to
determine if adjustments are required to more accurately reflect the impact of a particular development
on County provided services. Also, additional revenue is generated by application of the ad valorem
tax rate. The revenue that will be generated by the ad valorem tax depends on the value of the
improvements. Presently, staff has not developed a method to arrive at a reasonable estimate of tax
revenues based on the ad valorem tax rate.
A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a
particular land use development project. Presently, staff has not developed a model by which to
estimate the costs of a particular land use development project. Such a model, in staffs opinion, would
be misleading because there is no certain way, particularly with respect to housing projects, to
determine their value and likelihood that not all of the authorized development will occur.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element:
The property lies within the Mixed-Use Urban Residential designated area on the Future Land Use
Map to the Future Land Use Element (FLUE). Mixed Use Urban Residential land uses are intended to
"' be mixed-use in character. This land use classification provides for commercial and residential tvne~ nf
land uses, essential services, and institutional type of land uses. The Land Developm. nt CaiYeE'~D'A~7~ Z~
establishes a procedure which may result in approving a development order for an AI ,F in Estates
zoned districts. The intensity of the ALF is limited to a maximum floor area ratio (F./R) 1~{~501i~e~399
the areas of the property as required in Section 2.6.26.2.1 .of the Land Development Code. Since the
proposed 155,000 square foot building does not exceed a FAR of 0.45, this petition is consistent with
the FLUE to the Growth Management Plan (GMP). To that extent this petition is consistent with the
FLUE.
Traffic Circulation Element:
The ITE Trip Generation Manual indicates that the ALF facility will generate approximately 427 trips
on a weekday at build-out. Based on this data, the site-generated traffic will not exceed the significance
test standard (5 percent of the LOS "C" design volume) on County Bam Road. Furthermore, this
petition will not lower the level of service below any adopted LOS "D" standard within the project's
radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of
the Traffic Circulation Element (TCE). The TCE lists this segment of County Bam Road as a 2-lane
road. The traffic count is 10,658 and is operating at LOS "C". It should be noted that this segment is
not projected to be deficient within the next 5 years.
Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the
following: The existing access point on County Barn Road provides clear sight distance, therefore, the
access point should continue to operate adequately subject to any required engineering improvements.
It is staffs opinion that the on-site traffic Circulation has been designed in a manner that reduces
possible vehicular and pedestrian conflicts. Therefore, the project is consistent with Policy 5.1 and 5.2
of the Traffic Circulation Element (TCE).
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:
At the February 18, 1999 Planning Commission meeting, a motion was made and unanimously
approved to forward a recommendation of approval to the Board of County Commissioners for the
requested conditional use, subject to the following stipulations:
1. The Planning Services Department Director may approve minor changes in the location of the use -
within the building or structures and improvements authorized by the conditional use. Expansion
of the uses identified and approved within this conditional use application, or major changes to the
site plan submitted as part of this application, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier
County Land Development Code (Ordinance No. 91-102).
2. An appropriate portion of the native vegetation shall be retained on site as required in Section
3.9.5.5.4. of the Collier County Land Development Code, as amended.
MAR 0 9 1999
F'g. ~
3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with
emphasis on the conservation/preservation areas, shall be submitted to Current Planning
environmental staff for review and approval prior to final site plan/construction plan approval.
4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South
Florida Water Management District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
5. If, during the course of site clearing, excavation or other construction activity, an historic or
archaeological artifact, or other indicator is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
6. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, in accordance
'with the procedures set forth in Subsection 2.7.4.5.4. of the Land Development Code for the future
widening of County Bam Road.
7. Under the existing County Barn Road two-lane condition, the project may have full turning
movements at the access drive. Under future four or six-lane conditions, the access may be
constrained to a right-in/fight-out onto County Barn Road. Nothing in any development permit
shall operate to vest any fight or interest in a median opening in County Bam Road, either full or
partial, for this project. The County shall not be liable for any claim of damages due to the
presence or absence of any median opening at any point along any road frontage of this project.
8. The existing natural, native vegetative buffer along the noah, south, and east property lines of the
site, shall be retained as it currently exists, to no less than a minimum width of the fifteen (15) feet.
This vegetation preservation requirement shall be over and above the minimum native vegetation
requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the
life of the project
9. 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.
10. The developer shall install a minimum six (6) foot high fence along the southern property boundary
of the subject site, prior to obtaining a certificate of occupancy.
MAR 0 9 1999
Pg, r/7L
PREPARED BY:
ZSUS~ ~Y, AIC~ '~ DAT~
CHIEF PL~R
~~ BY:
~ON~D'~. ~6,' ~C~, ~AG~R DA?~
C~NT PL~G SECTION
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES DEPARTMENT
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION
Petition Number: CU-98-9, Hawkins ALF
NOTE: This Petition has been tentatively scheduled for the March 9, 1999 BCC meeting.
MAR 0 9 199~~
AGENDA ITEM 7-F
MEMORANDUM
\
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: JANUARY 29, 1999
RE: PETITION NO: CU-98-9, ASSISTED LIVING FACILITY (ALF)
AGENT/OWNER:
Agent: Blair Foley, P.E.
Coastal Engineering Consultants
3106 S. Horseshoe Drive
Naples, FL 34104
Owner: Thomas Hawkins
2101 County Barn Road
Naples, FL 34112
GEOGRAPHIC LOCATION:
The subject site is located on the east side of County Barn Road, south of its intersection with Davis
Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County Florida.
REQUESTED ACTION:
The petitioner is seeking Conditional Use "5" of the "E" Estates zoning district in order to allow for an
Assisted Living Facility (ALF).
PURPOSE/DESCRIPTION OF PROJECT:
The 9.63 acre site is proposed to be developed with a maximum of a 155,000 square foot (floor area)
Assisted Living Facility (ALF). The proposed ALF will consist of 157 total units, 70-75 percent will
be assisted living units, 20-25 percent independent living units, and 0-10 percent skilled nursing units.
The facility will provide housing, food service and personal services including a daily meal plan and
community activities. The conceptual site plan indicates that the proposed structure will not exceed the
maximum allowed Floor Area Ratio (FAR) of 0.45 as required in Section 2.6.26.1. of the Land
Development Code. Furthermore, the proposed ALF constitutes a FAR of .37 which is eighteen (18)
percent less that the maximum allowable FAR of .45. Access to the site will be provided via an
existing driveway entrance located off of County Barn Road. The entrance roadway follows the
southem boundary of the site, leading to parking areas and pick-up/drop-off areas in front of the
building. The site plan indicates that the proposed structure is located on the eastern V2 of 'h -"
western half of the site that is proposed to remain on site.
MAR 0 9 1999
1
SURROUNDING LAND USE AND ZONING:
Existing conditions: The subject site is currently developed with two existing residential structures
and several out-buildings. The site is zoned "E" Estates which permits ALF's as a Conditional Use.
ZONING LAND USE
Surrounding: North- E Vacant
South- E Single Family Residence
East- E Unity Church
West E Vacant
GROWTH MANAGEMENT PLAN CONSISTENCY:
This petition has been reviewed by the appropriate staff for compliance with the applicable elements of
the Growth Management Plan (GMP) as noted below:
Future Land Use Element:
The property lies within the Mixed-Use Urban Residential designated area on the Future Land Use
Map to the Future Land Use Element (FLUE). Mixed Use Urban Residential land uses are intended to
be mixed-use in character. This land use classification provides for commercial and residential types of
land uses, essential services, and institutional type of land uses. The Land Development Code
establishes a procedure which may result in approving a development order for an ALF in Estates
zoned districts. The intensity of the ALF is limited to a maximum floor area ratio (FAR) of .45 times
the areas of the property as required in Section 2.6.26.2.1 .of the Land Development Code. Since the
proposed 155,000 square foot building does not exceed a FAR of 0.45, this petition is consistent with
the FLUE to the Growth Management Plan (GMP). To that extent this petition is consistent with the
FLUE. Other consistency relationships are as follows:
Traffic Circulation Element:
The ITE Trip Generation Manual indicates that the ALF facility will generate approximately 427 trips
on a weekday at build-out. Based on this data, the site generated traffic will not exceed the significance
test standard (5 percent of the LOS "C" design volume) on County Barn Road. Furthermore, this
petition will not lower the level of service below any adopted LOS "D" standard within the project's
radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of
the Traffic Circulation Element (TCE). The TCE lists this segment of County Bam Road as a 2-lane
road. The traffic count is 10,658 and is operating at LOS "C". It should be noted that this segment is
not projected to be deficient within the next 5 years.
Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the
--- following: The existing access point on County Barn Road provides clear sight distance, therefore, the
access point should continue to operate adequtely subject to any required engineering img ~oms.~ II~7/ar
is staff's opinion that the on-site traffic Circulation has been designed in a manner that rei tuces B'o~sible '
MAR 0 9 1999
2
vehicular and pedestrian conflicts.proposed (RDI). Therefore, the project is consistent with Policy 5.1
and 5.2 of the Traffic Circulation Element (TCE).
( Other Applicable Element:
Other applicable elements are those typically evaluated at the time of subsequent development
approvals and generally deal with infrastructure. To the extent that improvements to infrastructure
and/or extension of available public utilities are required, these will be mandated at the time of
approval of the required site development plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as designated on the official Collier County Probability Map. Therefore,
no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land
Development Code, if, during the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE:
The appropriate staff responsible has reviewed the subject petition for oversight related to the above
referenced areas of critical concern. This primarily includes a review by the Community Development
( environmental and engineering staff, and the Transportation Services Division staff. The
Transportation Division staff has recommended approval of the facility as submitted. The Community
Development Services environmental staff stipulated that an appropriate portion of native vegetation
shall be required to be retained on-site.
CRITERIA EVALUATION:
The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and
the criteria on which a favorable determination must be based. This evaluation is intended to provide
an objective, comprehensive overview of the impacts of the proposed land use change, be they positive
or negative, culminating in a staff recommendation based on that comprehensive overview. The below
listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring
staff evaluation and comment, and shall be used as the basis for a recommendation for approval or
denial by the Planning Commission to the Board of County Commissioners. Each of the potential
impacts or considerations identified during the staff review are listed under each of the criterion noted
below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review
of each of the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation.
CONDITIONAL USE:
a. Consistency with the Land Development Code and Growth Management Pla ~. NAOGE_NDT~'~L
Pro: The subject site is designated Urban Mixed Use in the FLUE of the GMP. T ds
MAR 0 9 1999
3
district permits non-residential land uses, essential setvies and community related uses such as
an assisted living facility (ALF). Since the proposed ALF is also a conditional use in the "E"
zoning district, this petition is consistent with the GMP. The proposed structure does not
exceed the maximum floor area ration (FAR) of .45. The petitioner proposes approximately 70-
75 percent of the units will be assisted living, with the remaining 25-30 percent in skilled
nursing and independent living units.
Con: Not applicable in view of the consistency evaluation with the GMP and LDC.
Summary Conclusion: This petition is consistent with the FLUE to the GMP. The proposed
use is authorized in the Urban Mixed Use designated areas and is permitted in the Estates
zoning district as a conditional use. The intensity of the use is limited to a maximum floor area
ration (FAR) of .45 times the area of the property as required in Section 2.6.26.2.1. of the Land
Development Code. Since the proposed 155,000 square foot building does not exceed a
FAR of 0.45, this petition is consistent with the FLUE to the GMP.
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 and/or catastrophe.
Pro: Access to the site will be provided from an existing driveway entrance located off of
County Barn Road. County Barn Road currently functions as a 2-lane collector roadway.
Con: None.
Summary Conclusion: The major point of ingress and egress to the site is already
established and functioning due to the existence of the residential structures on site. The
petitioner will be required to dedicate approximately forty (40) feet of property for the future
widening of County Barn Road. Further review of the need for turn lanes, driveway location
and other transportation-related isssues will be addressed at the site development plan stage.
c. The effect the conditional use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Pro: The proposed site is ten (10) acres in area, and is heavily wooded. It is surrounded by
similarly zoned properties, which are either vacant, developed for single family residential on a
minimum of 2.25 acres, or developed with a Church. The proposed ALF use is residential in
nature similar to those uses permitted by fight in the Estates zoning classification.
Con: None.
Summary Conclusion: The layout of the site, the configuration of the buildings within the
development, the existing native landscape buffer, and the residential nature of the use will help
to lessen somewhat, any noise affects associated with the subject use.
d. Compatibility with adjacent properties and other property in the district. .~0~
Pro: An ALF is technically a non-residential use, however, it essentially functio ~s a~R 0 9 ]999
4
residential land use. The maximum size of the structure is largely determined by the maximum
allowable square footage based on the floor area ratio calculation. The subject site is located
adjacent to a church to the east, vacant land to the north, and the County Barn right-of-way to
the west. The single family structure located on property to the south is located largely on the
noah ¼ of its site. The proposed location for the ALF is on the south '//2 of the subject site,
thus creating a greater separation between the structures.
Con: Neighboring property owners to the north and south may find development of the site for
a use other than single family residential obtrusive.
Summary Conclusion: Surrounding land uses on three sides are more intense in nature than
the proposed use. The site currently fronts on a 2-lane collector road. The subject site is
surrounded by property zoned Estates on three sides. The site is heavily wooded, similar to
surrounding properties. Given the residential nature of the existing use and the conditions of the
site, development of the site for an ALF use should not prove to be detrimental to neighboring
properties.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of Petition
CU-98-8 for Conditional Use 5-Assisted Living Facilities of the "E" Estates zoning district subject to
the stipulations as described in the Resolution of Adoption and Exhibits, and summarized below:
a. The Planning Services Department Director may approve minor changes in the location of the use
within the building or structures and improvements authorized by the conditional use. Expansion
of the uses identified and approved within this conditional use application, or major changes to the
site plan submitted as part of this application, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier
County Land Development Code (Ordinance No. 91-102).
b. An appropriate portion of the native vegetation shall be retained on site as required in Section
3.9.5.5.4. of the Collier County Land Development Code, as amended.
c. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with
emphasis on the conservation/preservation areas, shall be submitted to Current Planning
environmental staff for review and approval prior to final site plan/construction plan approval.
d. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South
Florida Water Management District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
e. If, during the course of site clearing, excavation or other construction activity, an historic or
archaeological artifact, or other indicator is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier Count~ Code
Enforcement Department contacted. N~o~aNDA/tTi~'
MAR 0 9 1999
5
f. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, upon their
;A request, for the future widening of County Bam Road.
g. Under the existing County Barn Road two-lane condition, the project may have full turning
movements at the access drive. Under future four or six-lane conditions, the access may be
constrained to a right-in/right-out onto County Bam Road. Nothing in any development permit
shall operate to vests any fight or interest in a median opening in County Bam Road, either full or
partial, for this project.. The County shall not be liable for any claim of damages due to the
presence or absence of any median opening at any point along any road frontage of this project.
h. The existing natural, native vegetative buffer along the noah, south, and east property lines of the
site, shall be retained to its current extent, to a minimum width of the fifteen (15) feet. This
vegetation preservation requirement shall be over and above the minimum native vegetation
requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the
life of the project
i. 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.
PREPARED BY:
DATE
C F PLANNER
RxfbNALD f.~II~IO, AI~P DATE
CURRENT PLANNING MANAGER
MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY:
VIN INIST'i~ATOR DATE
COMMUNITY DEVELOPMENT & ENVIRON. SVCS DIVISION
Staff Report for the February 18, 1999 CCPC meeting.
NOTE: Tentatively scheduled for the March 9, 1999 BCC meeting.
~G COMMISSION:
MIC~WBRUET, CHAIRPERSON
MAR 0 9 1999
APR 2 ? I9-98
DIFIORE DEVELOPMENT & MANAGEMENT, Inc.
~LANNtN~ SL~VK;F.~
2101 Couuty Barn Road (R.E.#00403800001)
Independent Retirement l,iving
Adult Congregate Living Facility ~ U 9 S - 9
DDM, Inc., an award winning highly recognized developer in the Senior Housing
Industry, is proposing to develop an Independent/Adult Congregate Living Facility on
County Barn Road, Naples. (please see'attached location map)
DDM, Inc. was established to service the housing needs of the ever growing Senior
population and has a proven success record for development and management within the
Senior Housing industry. Our outstanding reputation is founded upon a passion for
quality service and dedicated caring and family oriented staff; along with buildings
designed towards providing "Senior friendly" spaces. After careful evaluation of the
demographics for a four county area, DDM feels that there is an extensive need within this
area of the Florida market for affordable - non endowment - rental apartments for
Seniors.
DDM, Inc. understands that Senior Citizens consider retirement living options
from several perspectives. Many Seniors are attracted to the convenience of a retirement
facility, but are priced out of the market by endowment or high priced services not
included in their monthly rent. We believe that it is a moral duty as a developer/manager
to provide our Seniors with high quality services and the security of a retirement
community at an affordable cost - While providing a return to potential investors and
contributing a highly viable asset to the communities in which they are located.
..
DDM, Inc.
',. Page 2
Tenants will sign a one year lease, with a 30 day cancellation clause. Their monthly
fee will include; a private studio apartment, all programs and services; continental
breakfast and two full restaurant quality meals per day, housekeeping services,
maintenance, aH utilities excluding telephon~. The benefit of this uniquely affordable
concept, makes a high quality retirement lifestyle available to a large group of Senior
Citizens who are currently excluded by the high costs of most retirement options.
DDM will ensure that the special services, conveniences and security that Seniors
seek in retirement living are provided. Our development will be designed around common
areas in which tenants will share similar interests in an environment that will offer a sense
"- of home and community. Through our creative programming and facility design we will
'~ create a positive, dignified and active lifestyle for our Seniors. A complete line of
amenities and programs will be available for our tenants to enjoy including; a full service
dining room, store, library, health club, doctors office, private family dining room, garden
lounges, activity room, billiard and card room, laundry room, along with 24 hour staffing.
An independent, on-site home health care service will also be available for residents.
Tenants of our community will enjoy an uncommon coalescence of independence,
convenience, security and value. We feel that our development concept would reach and
service a growing segment of your Senior population who desire to enjoy the benefits of
retirement living within Naples and Collier county.
Sincerely Submitted for discussion and recommendation:
Patricia A. DiFiore, President Thomas Hawkins, CEO/Develo ~0~..
MAR 0 9 1999
· . APR 2 7 1998
~. ';L/-.NNIN~ S,LaRVIC~;
'~ ~iFiore ~evelopment & ~anagement CU 9 8- 9
P~OSOP~
~ concentrated effo~s ~ be made to co~orm to the ac~evement
of ~gh et~ .nd techni~ smd~ds set fo~h by the Housing M~agement
,:~
~ofession. Every re~onable endeavor ~ be made to co~orm ~d adapt
1 these s~d~ds to ser~ng the ~que needs of our Se~or Citizen pop~ation.
~ Shelter, s~ity, c~t~ ~d soci~ responsib~ties t0 o~ tenets ~
be met with consistency and sensitivity. Continual communication will be
main~ined with family members, when possible, to assure a quality lifestyle
with continued care for our Senior Citizen tenant with a quality lifestyle,
while preserving their dignity and freedom of choices.
1999
/5
, 108 East Ogden # 206 Phone (630) 789-9958
" Hindsdale, Illinois 60521 Fax (630) 789-9957
Patricia DiFiore
~~) ~/~ ~)~/~.~ ~~ rounded DDM, Inc.
to promote the con-
)5. · ~ cept - and create the
reality - of user-
z~ friendly living spaces
' ' conducive to good
DDM, Inc. provides design, consulting, financial health.
and management services to the housing industry. Results are show-
cased in successful,
All services are tailored to meet the specific needs and desires of DDM's award-winning,
clients and the residents they serve. The viability of all projects and programs calming and energy-
are protected by careful cost containment methods resulting in profitability promoting environ-
for investors. ments.
DDM, Inc. has more than twenty years of expertise in the field of geriatrics DDM's staff mem-
and in the development of affordable housing created with homelike atmo- bets are dedicated to
spheres and positive life-style options. providing care, com-
fort and dignified,
Seniors are the fastest growing segment of our society. DDM's well-conceived, high-quality life-
well-managed facilities create and maintain environments for the physical, styles for seniors.
emotional, spiritual and social needs of senior residents. DiFiore's expertise
Through all stages, DMM, Inc. consults with and advises investment devel- and all-encompass-
opers and non-profit organizations in the creation, development, marketing ing approach - para-
and management of programs and services for congregate communities and mount to all her
other life-style options within the housing industry. projects - bring con-
tinuity of design, pro-
Each project is taken from initial concept and theme identification through to grams, services and
the completion of a physical product - with all management services and marketing which re-
personnel in place, resulting in a successful turnkey operation for investors. sult in high-yield in-
vestment returns.
DiFiore Development & Management Company has won numerous awards for excelle
Chicagoland Senior Housing Community of the Year Award and construction and inter ior degi/ga.~Q~s.
",hane (63V) 789.9958 ,,q'aa: (63V) 789.9 r° 9 1999
. ~.---.---
IX". I, Inc. rehabbed and convened two 14-story high
rise apartment buildings on North Lake Shore Drive into
one of the most sought after retirement communities in
Chicago.
Phase I included the renovation of 144 apartments and
the demolition, redesign and expansion of garage space -' "~'
into beautiful common areas. A major challenge was the
creation of a main dining room and commercial kitchen
which mandated new construction build-out on to a rooL
and extensive shoring work in both levels of underground
garage. Phase II was the rehab of an additional 146 apart-
ments in the sister building connected to the first phase
by a common wall. Through arduous negotiations with
subcontractors and vendors, DDM, Inc. completed this
phase under budget - and 30 days ahead of schedule.
DDM, Inc. contracted with owners to complete construc-
tion of a third floor, fifty apartment addition to an exist-
ing facility. The company also redesigned original com-
mon areas and upgraded all mechanical systems. As pro-
X- ns and services were enhanced, DDM, Inc. developed
, ,sitive reputation for the facility. The company com-
pleted the addition and brought Moraine Court to 100
percent occupancy within six months of start-up.
DDM, Inc. took on the project of converting a Hilton motel, located on eleven acres. The facility, built in the early
1960's, was extremely distressed and had degenerated to the point where some of the wings were uninhabitable.
Through creative design application, DDM, Inc. expanded the common areas, developed a center courtyard, com-
plete with garden and gazebo, a new main kitchen and a 225-seat dining room overlooking the garden. DDM, Inc.
contained construction, marketing and start-up costs, and secured a strong commercial lease for the 42,000 square
foot main building. Asbury Court was a financial success for owners, investors, and the community at large.
This site originally held a highly deteriorated
25-year old hotel. DDM, Inc. converted its
large pool area and indoor sports court into
common areas which now include lounges.
a main dining room, music, exercise, recre-
ation and reading rooms. DDM. Inc. also
converted two large outside parking lots into
charming park and garden areas.
A grossly neglected senior apartment com-
plex was handed over to DDM, Inc. with the
instructions "...Go in. Fix it. Make it profit-
able." DDM, Inc. redesigned and renovated
i~3')~ t~.~~ the building's common areas and apartment
units, and upgraded all mechanical systems
and landscaping. DDM, Inc. also developed
DDM, Inc. was hired to convert the billeting quarters of an new proFams and services with more effec-
Air Force Base into a gracious and elegant retirement facility. tive administratiion. As a result, the
company's project won "Best Renovation"
This challenge meant dealing with complex issues including award from the Chicago Sun-Times and
extensive building renovation, interior design and infrastruc- Chicagoland Apartment Association.
ture conversions of electricity, gas, telephone and steam utili-
ties for private usage. DDM, Inc. assisted in lease negotia-
tions and purchase options and handled community relations
with city, county and state officials, and the general public.
DDM, Inc. enjoyed such great success with the completion
of the project, that Prairie Village was used as a model by
The National Conference for Base Closures.
DDM, Inc. established all programs and services and imple-
mented a strong marketing plan and public relations program
which resulted in attendance of more than 1,000 visitors at its
Open House.
Site Evaluation and Acquisition
Project Concept Consulting
Financial and Market Feasibility Studies
Applications and Acquisition for Zoning/Permits
Project Planning/Concept and Site Design
Architect and Contractor Selections
Building, Space and Interior Design
Development of Budgets
Construction Management and Cost Containment
Oversight of Construction Draws/Monies
Organizational Analysis, Design and Implementation of:
· · Administrative Systems
· Operational Budgets
· Financial Management
Management Services Development and Implementation:
· Development of Goals and Strategies
· Creation of Programs and Services
· Tenant/Family Support Systems
Departmental Organization and Staff Training:
! · Administrative
· Dietary and Activities
· Health Care and Safety
· Maintenance and Housekeeping
Compilation and Analyses of: MAR 0 9 1999
· Demographics and Competition
· Primary and Secondary Markets ~,g. / q
Establishing Identity and Reputation through:
· Full-Scope Marketing Plan - Strategies and Campaigns
· Advertising and Special Events
· Community Outreach Programs
· Public Relations
1{;8 East (.,9,qden #206 da& , ,.71anoi3, 6()521
RESOLUTICN 99-
A RESOLL~ION PROVIDING FOR THE ESTABLISHMENT
~ OF A SENIOR iNDEPENDENT ASSISTED CARE LIVING
FACILITY CONDITIONAL USE "5" IN THE "="
ESTATES ZONING DISTRICT PURSUA/qT TO SECTION
\ 2.2.3.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 8, TOWNSHIP 50 SOUTH, R3~NGE 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 C~llier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for t!
protection cf 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 whi<
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the dul~
,_. 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 c
Conditional Use "5" of Section 2.2.3.3. in an "E" Estates Zone for a
Senior Independent Assisted Care Living Facility on the property
hereinafter described, and has found as a matter of fact (E~chibit
"A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and i
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 assentDied and the Board
having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOA2D OF ZONING APPEALS o:
Collier County, Florida that:
The petition filed by Blair Foley of Coastal Engineering
Consultants, Inc., representing Thomas Hawkins with respect to the
Exhibit "B" which is attached here~o and in, orpora~ed by
reference h rein MAR 0 9 1999
L Pg:___--
~e and the same is hereDy approvea for ConOinienai Use '~5" of Section
Z.l.2.3. of the ~'E" Estates loninc l'iszr~zz for a Senior lndependen~
Assisted Care livina Faciliz'y in accordance ~.~ith zne CcncepEuai
:-!aster Plan ,ExhiDi~ "~"~ ano suD]ecz zo ~he fzllcwing conditions:
i. Permits cr letters of exemption from the C.S. Army Corps cf
Engineers (ACOE) anG She SouLh Florida Water ~!anagement
Distric~ {SFWMD) shall be presented prior is final site
plan/construction plan approval.
2. An appropriate portion of native vegetation shall be
retained on site as required in SecEion 3.9.5.5.4. of the
Collier County Land Development Code.
3. An exotic vegetation removal, monitoring and maintenance
(exotic free) plan for the site, with emphasis on areas of
retained native vegetation, shall be submitted to Current
Planning Environmental Staff for review and approval prior
~o final site plan/construction plan approval.
4. If, during the course of site clearing, excavation or other
construction activity, an historic or archaeological
artifact, or onher indicator is found, all development
within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
5. The existing natural, vegetative buffer along the north,
south and east property boundaries of the site within the
required landscape buffer, shall be retained as it
currently exists even though it exceeds the minimum native
vegetation requirements of Section 3.9.5.5.4. of the Land
Development Code, for the life of the project.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Marjo~ie M. Student
Assistant County Attorney
g/CU-98-9 RESOLUTION
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-9
The following facts are found:
1. Section 2.2.3.3.5. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: CHAIRMAN:
Exhibit A
f/CU-98-9 FINDING OF FACT CHAIRMAN/
MAR 0 9 1999
( Exhibit B
Legal Description of Subject Property:
The South ½ of the North I/2 of the Southeast ¼ of the Northwest ¼ of Section 8,
Township 50 South, Range 26 East, Collier County, Florida, less the West 50 feet
thereof.
MAR 0 9 '1999
COMMUNITY DEVELOPPn~NT DIVISION
APR 2 ?
DATE OF APPLICATION:
CO~ISSION DISTRICT:
/
~OvE TO BE COMPLETED BY STAFF
~PL=~T~ON mR P~L=C ~NG mR: CO~ITIO~ USE
1. General Information:
Name of Applicant (s) Thcmas Hawkins
Applicant ' s Mailing Address 2101 ODunty Barn Road
City Naples State Florida Zip 34112
Applicant ' s Telephone #: 793-7070 Fax #: 793-7070
Name of Agent Blair Foley Firm Coastal Enqineerinq COnsultant
Inc
Agents Mailing Address 3106 S. Horseshoe Drive
City Naples State Florida Zip 34104
Agent's Telephone #: 643-2324 Fax #: 643-1143
MAR 0 9 I~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 as
well as the percentage of such interest. (Use additional
sheets if necessary).
Name and Address Percentage of Ownership
Thomas Hawkins 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 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
A~I~ICATICe~ FOR IK~LIC ~ARING FOR ~XTI~ U~
2 MAR 0 9 1999
d. If the property is in the name of a GENERAL or LIMITED
PARTNERSHIP, list the name of the general and/or limited
partners.
Name and Address Percentage of Ownership
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:
APPLICATICe~ FOR P~Z~LIC ~ FOR CCSDXTIOMAL UnT
3 MAR 0 9 1999
f. If any contingency clause or contract terms involve
additional parties, list all individuals or officers, if
a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired ~) leased ( ): 8/26/97
Term of lease yrs./mos.
If, Petitioner has option to buy, indicate date of
option: and date option terminates: ,
or anticipated closing date ·
h. Should any changes of ownership or changes in contracts
for purchase subsequent to the date of application, but
prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf,
to submit a supplemental disclosure of interest form.
3. Detailed legal description of the property covered by the
application: (If space is inadequate~ attach on separate
page.) If request involves change to more than one zoning
district, include separate legal description for property
involved in each district. Applicant shall submit four (4)
copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at
the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct
legal description.~If questions arise concerning the legal
MAR 0 9 1999
4
description, an engineer's certification or sealed survey
may be required.
Section: 8 Township: 50S Range: 26E
Lot: Block: Subdivision:
Plat Book__ Page #: Property I.D. #:
Metes & Bounds Description: The South 1/2 of the North 1/2 of the
Southeast 1/4 of the Northwest 1/4 of Section 8, TOwnship 50 South,' Range 26
East, Cbllier County, Florida, less the West 50 Feet thereof.
4. Size of prol~erty: 337 ft. X 1,280 ft.
Total Sq. Ft. 431,360 Acres 9.63
5. Address/general location of subject property:
2101 ODunty Barn Road, Naples, Florida
6. Adjacent zoning and land use:
Zoning Land use
N E Vacant
E Single Fami'ly ~esidence
S
E E Unity Church
W E Vacant
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
__
APPLICATICe~ FOR P~LIC HEARIN~ FOR COe{OITIOe{AL p~
Section: Township: Range:
Lot: Block: Subdivision:
Plat Book Page ~: Property I.D. ~:
Metes & Bounds Description:
7. T~pe of Conditional Use: This application is requesting
conditional use ~ ~ of the E district for (TYP= 0r
(USE) Senior Independent Assisted Care Living Facility .
~
Present Use of the Property: 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
grantinq 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).
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
,.o,,.= MAR 0 9 1999
6
Use desi.qnation as indicated on the Future T~nd Use Map. The
project density of +/- 16.3 units per acre i§ in compliance with
the Future T~nd Use Element of the Growth Manageme~.t Plan. The
property is zoned Estates, which allows for Group Housing as a
Conditional Use.
b. Describe the existing or planed means of ingress and
egress to the property and proposed structure thereon
with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and
access in case of fire or
catastrophe: The entrance to the project shall be located on
County Barn Road. Travel lanes and pedestrian walkwa~ shall be in
accordance with the Collier County Iand DeveloFment Cbde. ~ergency
fire access shall be provided and approved by the Collier County Fire
Cbde Official.
c. Describe the effect the conditional use will have on
neighboring properties in relation to noise, glare,
economic and odor effect:
Neighboring properties willnotbeadverselyaffectedby~heproposed
project.
d. Describe the site's and the proposed use's compatibility
with adjacent properties and other properties in the
district: The only developed p~operties adjacent tO the prQj.ect
include a single-family residence to the south, and a church to the
east. Falling Waters Subdivision is located further east of the project.
The project is located in a low density residential area, which i~.eSN~'~~
ideal for a project of this nature.
MAR 0 9 1999
e. Please provide any additional information which you may
feel is relevant to this request. The project consists of
an ALF. The tenants' age of a project of this type generally ranges
fr~n 75 - 90. See the attaci~;ed letter to ODllier County Develo[ment
Services which explains traffic impacts further.
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 subSect property: To your
knowledge, has a public hearing been held on this property
within the last year? If so, what was the nature of that
hearing?
11. Additional S-~--~ttal recXuirements: In addition to this
completed application, the following must be submitted in
order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Ten (10) copies of a 24" x 36" conceptual site plan [and
one reduced 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
MAR 0 9 1999
8
. P~.
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
[include 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,
· proposed locations for utilities (as well as location
of existing utility services to the site),
· proposed and/or existing landscaping and buffering as
may be required by the County,
· location of all signs and lighting including a
narrative statement as to the type, character, and
dimensions (such as height, area, etc.);
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 0f a
recent aerial photograph, (taken within the previous
twelve months), minimum scale of one inch equals 400
feet, shall be submitted. Said aerial shall identify
plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida
Department of Transportation Land Use Cover and Forms
Classification System.
~PLI~ MR PUBLXC BEARI~G FOR CaqDITIOMAL USE
MAR 0 9 1999
9
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 survey or 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.
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required unless waived at the pre-application meeting.
The TIS required may be either a major or minor as determined at
the pre-application meeting. Please note the following with
regard to TIS submittals:
MINOR TIS: Generally required for conditional use (and rezone)
requests for property less than 10 acres in size, althoug. h based
on the intensity or unique character of a petition, a major TIS
may be required for petition of ten acres or less.
MAJOR TIS: Required for all other conditional use (and rezone)
requests.
A minor TIS shall include the following:
1. Trip C-en6ration: Annual Average Daily Traffic
(at buildout) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip AssiEnment: Within Radius of Development Influence CRDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an
ingress/egress point, or providing turn or decel lanes or other improvements.
6. Describe any proposM to mitigate the negative impacts on the Wansportation system
7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic
Circulation E1ement(TCE) of the Growth Management Plan (GMP),' including policies 1.3, 1.4, 4.4,
5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shah also include an analysis of
the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
AGENDA ITEM
APPLICATION FOR P~BLIC ~EARING FOR C08DITICSAL USE
TRAFFIC IMPACT STA~ (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for
submittal in conjunction with a conditional use or rezone
petition:
1. ~ri~ Generation: Provide the total traffic generated by the
project for each link within the project's Radius of
Development Influence (RDI) in conformance with the
acceptable traffic engineering principles. The rates
published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall
be used unless documentation by the petitioner or the County
justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to
the network, of those trips generated by the proposed
project. The assignment shall be made to all links within
the RDI. Both annual average and peak seasonal traffic
should be depicted.
3. Existing Traffic: Provide a map depicting the current
traffic conditions on all links within the RDI. The AADT,
PSDT, and LOS shall be depicted for all links within the
RDI.
4. Level of Service (LOS): The LOS of a roadway shall be
expressed in terms of the applicable Collier County
Generalized Daily Service Volumes as set forth in the TCE of
the GMP.
5. Radius of Development Influence (RDI): The TIS shall cover
the least of the following two areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed
project on the major thoroughfares exceeds one percent of
the LOS "C".
Land Use Distance
1. Residential****************5 miles or as required by
DRI
2. Other (commercial, industrial, institutional, etc.)
~LI~TI~ ~R IM~BLIC ~EAR/NG MR CONDITICSAL U~
12 ~AR 0 9 1999
0 - 49,999 Sq. Ft.*******2 Miles
50,000 - 99,999 Sq. Ft.*******3 Miles
100,000 - 199,999 Sq. Ft.*******4 Miles
200,000 - 399,999 Sq. Ft.*******5 Miles
400,000 & up *******************5 Miles
In describing the RDI the TIS shall provide the measurement
in road miles from ~he proposed project rather than a
geometric radius.
6. Intersection Analysis: An intersection analysis is required
for all intersections within the RDI where the sum of the
peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7. Background Traffic: The effects of previously approved but
undeveloped or partially developed projects which may affect
major thoroughfares within the RDI of the proposed project
shall be provided. This information shall be depicted on a
map or, alternatively, in a listing of hose projects and
their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional
increases in traffic resulting from potential development
shall be provided. Potential development is that which may
be developed maximally under the effective Future Land Use
Element (FLUE) and the Collier County Land Development Code.
This estimate shall be for the projected development areas
within the projects RDI. A map or list of such lands with
potential traffic impact calculations shall be provided.
9. Through Traffic: At a minimum, increases in through traffic
shall be addressed through the year 2015. The methodology
used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup
data to support the estimation as well.
10. Planned/Proposed Roadway Improv~-~ents: All proposed or
planned roadway improvements located within the RDI should
be identified. A description of the funding commitments
-. .. ,,. MAR 0 9 1999
13
Pg.
11. Pro~ect Phasing: When a project phasing schedure is
dependent upon proposed roadway improvements, a phasing
schedule may be included as part of the TIS. If the traffic
impacts of a project are mitigated through a phasing
schedule, such a phasing schedule may be made a condition of
any approval.
TIS FORM RVB/RJM 10/17/97
14
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1. NAME OF APPLICANT: Thomas Hawkins
2. MAILING ADDRESS: 2101 County Barn Road
N~ples CITY Florida ZIP 3~112
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
2101 County Barn Road
4. T.F-GAL DESCRIPTION:
Section: 8 Township: 50S Range: 26E
Lot: Block: Subdivision:
Plat Book__ Page #: Property I.D.#: 00403800001
Metes & Bounds Description: The South 1/2 of the North 1/2 of the
Southeast 1/4 of the Northwest 1/4 of Section 8, Township 50 South,
~q¢ 26 Fast, Collier Countyr Florida~ less the West 50 feet thereof.
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable
system):
a. COUNTY UTILITY SYSTEM [~
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PACKAGE TREATMENT PLANT []
(GPD capacity)
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) []
A~PLZCATIOH FOR P~SLIC BEARING FOR CC~DITZOMAL U~E
15 MAR 0 9 1999
7. TOTAL POPULATION TO BE SERVED: 210 +/- (Residents & Staff)
8. PEAK AND AVERAGE DAILY DEMANDS:
9. WATER-PEAK 52,500 ~ AVERAGE DAILY 21,000 gpd
10. SEWER-PEAK .. 86,950 qpd AVERAGE DAILY 2~, 0Q0 qpd
9. IF PROPOSING TO BE CONNECTED TO COT.T~IER COUNTY REGIONAL
WATER SYSTEM, PT.~ASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIre: 11/1/98 .
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 affluent 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 UTILITY DEDICATION STATEMENT: If the project
is located within the services boundaries of Collier
County's utility service system, written notarized statement
shall be provided agreeing to dedicate to Collier County
Utilities the water distribution and sewage collection
facilities within the project area upon completion of the
construction of these facilities in accordance with all
applicable County ordinances in effect at the at time. This
statement shall also include an agreement that the
applicable system development charges and connection fees
will be paid to the County Utilities Division prior to the
issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the
water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pro-
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.
U~li~ Provision S~temen~ RJM 10/17/97 No,
~I~TI~ MR IM3BLIC ~ MR COnDITIOnAL U~
AFFIDAVIT
I,~~Jg~ ~ ~ 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 accurate befo e a
hearing can be advertised. I further permit Co~ ~,~a~ ~]~.~#r~
(AGENT'S~NAME)
to act as my representative in any matters regarding this petition.
State of Florida
County of Collier
per%~nally known 6o me or who has__p_r~d D~'~/jE.f'5 ~-,~. [._r//,~o,'5) as
identification and who did (did not) take an oath.
(Sigh~ur~ bf ~btar~ Publi6) '
OFF]C|AL NOTARy SD~L
KAREN S DEP[TRO
NOTARY PUBL]C STATE OF FLOR~DA NOTARY PUBLIC
My Commission Expires:
MAR 0 9 1999
SIGNATURE O~'~AGEN~
State of Florida
County of Collier
~ Th~ yforo~goin~~ment,Shl~w~; ac~~dg~e~ore me this
aAjb ,
_~er~ona~ly known 'to m~ o~ who has produced' ' ' ~ as
identification and who did (did not) take an oath.
t N~y PubliC) '
OFFICIAL N~ARYS~L
~ S DEP~O
N~ARY PUBHC ~ATE OF ~ORDA
COMMISSION NO.
MY COMMISSION EXP. O~. 1,2~ ~O~Y PUBLIC
CO~s ~on
Hy Co~s~on Expires:
1999
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPT.~'-TED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET !
3 ,':.. ,,Coatsted :U~li~ProvisiOn ....
,. ~i~t~
'7, Copies-of-State or-.Fede
pemts - r~~ ***s~ & A~E ~m :t~g te~ ~y***
10, A · ~eck rode out to"-~e -Boa~
,,
As the authorized agent/applicant for this petition, I attest that all of the
information indicated n this checklist is included in this submittal package.
I understand that fa' re to include all necessary submittal infomation may
result in delay process this petition.
' Agen/A~cant signature Date~~
CONDITIONAL USE APPLICATION~md/rev. 10/14/97
MAR 0 9 1999
P. ESOLUIION 9}-
..~ } A RESOLUTION PROVID!NG FOR THE ESTABLiSHHENT
4 OF A SENIOR iNDEPENDEN! ASSISTED CARE LIVING
5 FACILITY CONDITIONAL USE "5" IN THE "E"
~ ESTATES ZONING DISTRICT PURSUANT TO SECTION
7 2.2.!.3. OF THE COLLIER COUNTY 1AND
8 DEVELOPMENT .CODE FOR PROPERTY LOCATED IN
9 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
~0 CC. LLIERCOUNTY, FLORIDA.
~2 WHEREAS, ~he Legislature of ~he State cf Florida in Chapter
13 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
14 conferred on Collier ~un~y the power to establish, coordinate and
15 enforce zoning and such business regulations as are necessary for ~he
16 protection of the public; and
17 WHEREAS, the County pursuann nhereto has aGopied a Land
18 Development Cede (Ordinance No. 91-102) ,which includes a
19 Comprehensive Zoning Ordinance establishing re~u!aticns for the
20 zoning of particular geographic divisions of lhe County, among which
21 is the granting of Conditional Uses; and
22 WHEREAS, the Collier County Planning Ccmmission, being the duly
"' 23 appointed and constituted planning board fcr the area hereby
24 affected, has held a public hearing after notice as in said
25 regulations made and provided, and has considered the advisability of
26 Conditional Use "5" of Section 2.2.3.3. in an "E" Estates Zone for a
~7 Senior Independent Assisted Care Living Facilily on the property
28 hereinafter described, and has found as a matter of fact (Exhibit
29 "A") that satisfactory provision and arrangement have been made
30 concerning all applicable matters required by said regulations and in
31 accordance with Subsection 2.7.4.4 of the Land Development Code for
32 the Collier County Planning Commission; and
33 WHEREAS, all interested parties have been given opportunity to
34 be heard by this Board in a public meeting assembled and the Board
35 having considered all matters presented.
36 NOW, THEREFORE BE IT RESOLVED, Bf THE BOARD OF ZONING APPEALS of
37 Collier County, Florida that:
38 The petition filed by Blair Foley of Coastal Engineering
39 Consultants, Inc., representing Thomas Hawkins with respect to the
40 property heroinafter described as:
42 Exhibit "B" which is attached hereto and incorporated
43 reference herein
MAR 0 9 999
-1-
1 se ano uhe same is nereDv lNprcveO for CoRllnlslal Use "~" of Section
2 1.2.1.3. cf ~he "~" Zs~a~es lcnzna E=zs~r'-- fcr a Senior ln.depenCent
3 Asszsted n-re Lit'ins Faci'=zy in ascotlance w/in the Concestual
~ /,faster Plan ~Exhib~ ":"' ann subleon lc ins ~c!!owing conditions:
6 _. The Planning Services Department 3zres~or may approve
7 minor changes in the location of the use within
8 building or s~ructures and imprcvements authorized by the
9 conditional use. Expansion of the uses identified and
10 approved winkin this condizIcnai use application, or major
11 changes to the site ~ian submitted as mart of Zhis
12 application, shall require ~he suDmi~na! cf a new
13 conditional use application, and shall comply with all
l~ applicable County ordinances in effect an the time of
15 submittal, including Division 3.3, Sine Development Plan
16 Review and approval, of the Collier County Land Development
17 ,Code (Ordinance No. 91-102).
19 2. An appropriate pcrtion of the native vegetation shall be
20 retained on site as required in Se:czcn 1.9.5.5.4. of the
21 Collier County Land Development Code, as amended.
22
23 ~ An exotic vegetation removal, monitor~na and maintenance
24 <exotic free~ plan for the site, wz~h emphasis on the
25 conservation/'preservauion areas, snail be summitted to
26 Current Planning environmental staff for review and
27 approval prior to final site plan/construction plan
28 approval.
29
30 4. Permits or letters of exemption from the U.S. Army Corps of
31 Engineers (ACOE) and the South Florida Water Management
32 District (SFWMD) shall be presenten prior to final site
33 plan/construction plan approval.
34
~ 35 5. If, during the course of site clearing, excavation or other
36 construction activiEy, an historic or archaeoiogzcal
37 artifact, or other indicater is found, all development
38 within the minimum area necessary Eo protect the discovery
39 shall be immediately stopped ane the =Collier County Code
40 Enforcement Department contacted.
41
42 6. The petitioner shall dedicate the frcn~ fcr~y (40) feet of
43 the subject site to the County, in accordance with the
44 proceCures set forth in Subsection 2.7.4.5.4. of the Land
45 Development Code for the future widening of County Barn
46 Road.
47
48 7. Under the existing County Barn Road two-lane condition, the
49 project may have full turning movements at the access
50 drive. Under future four or six-lane connations, the access
51 may be constrained to a right-in/right-out onto County Barn
52 Road. Nothing in any development permit shall operate to
53 vest any right or interest in a median opening in County
54 Barn Road, either full or partial, for this project. The
55 County shall not be liable for any claim of damages due to
56 the presence or absence of any median opening at any point
57 along any road frontage of this project.
58
59 8. The existing natural, native vegetative buffer along the
60 north, south, and east property lines of the site, shall be
61 retained as it currently exists, to no less than a minimum
62 width of the fifteen (15) feet. This vegetation
63 preservation requirement shall be over and above the
~4 minimum native vegetation requirements of Section--
65 3.9.5.5.4. of the Land Development Code, and shal be
66 maintained for the life of the project.
67
MAR 0 9 1999
] 9. Road immact Fees ~hai! be paid in ~ccorGance '.<ith Ordinance
2 22-11, as amended, ant snail be cazd at the ::me building
3 ~ermlEs are i. ssue,3 unless oEherwzse approven by :he Eoard
'~ 4 sf County Cems. iss~oners.
6 i0. The aeve!oper shall install a mmnmmum s::.: 6 foot hZgh
7 fence along The s';uiherm properly boundary of lhe sublecz
8 si~e, prior ~o obtaining a certificate of ~zsupancy.
9 BE iT FURTHER RESOLVED lha~ ~his Resoiunmcn be recorded in the
10 minutes of this Board.
[1 This Resolution addsKeG after motisn, seccni and majority vote.
12 Done this day of , 1999.
13
14 BOARD OF ZONING APPEALS
15 COLLIER .COUN?V FLORIDA
~_,
16 BY:
17 FAMEL~ S. MAC~KIE~ CHAIRWOMAN
18 ATTEST:
19 DWIGHT E. BROCK, Clerk
20
2]
22 Approved as Eo Form an~
23 Legal SufficTency:
25 Ma'rjo~i8 M. 'S'tUdent
26 Assmstant County Attorney
-- 27 g/cu-98-9 PESOLUTICN
28
29
MAR 0 9 1999