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Agenda 01/25/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 25, 2000 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 1TEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING 1MPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Pastor David Lewis, First Baptist Church of Naples 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 1 January 25, 2000 o APPROVAL OF MINUTES A. December 8, 1999 - Town Hall Meeting B. January 5, 2000- Special Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation recognizing the volunteers of the Veteran's Transportation Program. To be accepted by Mr. Ronald L. Scott, President, Collier County Veterans Council 2) Proclamation proclaiming the month of February, 2000 be designated as Leave a Legacy Month. To be accepted by Ms. Barbara J. Kent, President, The Community Foundation of Collier County and Mr. Steve Benson, Advisors Trust, representing the Planned Giving Council. 3) Proclamation dedicating the Collier County Courthouse in the memory of Dr. Martin Luther King, Jr. B. SERVICE AWARDS 1) Joyce Staiger, Wastewater- 5 Years 2) Joseph Pierre, Transportation - 5 Years 3) John Presas, Parks and Recreation - 5 Years 4) Michael Ossorio, Contractor Licensing- 5 Years 5) Albert Pesillo, Transportation - 10 Years 6) Richard Winans, Road and Bridge- 15 Years C. PRESENTATIONS 2 January 25, 2000 0, APPROVA },. OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8, COUNTY AD.M!N!STR_&TOR'S REPORT A. COMMUNITY DEVELOPMENT.& ENVIRONMENTAL SERVICES 1) Prcsentalion to the Board of County Commissioners of the 1999 An.hal Update and ..... ~ .... Report on Public Facilities (AUIR) o~ provided for in Section 3.! 5.6 ,,r the Collier County Land Development Code. 2) Recv~nmendation to approve Commercial Excavation Permit No. 59.720, "Panther Island Mitigation Bank" located in Sections 5, 6, 7, 18 & 19, Township 47 South, Range 27 East; bounded ou the north and west by undeveloped hind zoned AG-2 (Lee Count),), and on the south and west by vacant land zoned A-MHO (Corkscre~ Swamp Sanctuary). 1) ~iQ~TI._N_[.[~p FROM 1/i 1/00: Present the results of stal'f and consultant investigations into Ibc extension of Piper Boulevard easterly to Strand Boulcsard (Folloss tip to meeting of December !4~ !999): 2) CONFINUEDFROM 1/11/00: Approxal ofthe Median Landscape Beautification Agrrument ~viih 951 Land Holdings Joint Vcntt~re. CONTIN ......... OM 1/II/00: Approvea° ~..,;^. authorizing the Count)' Agreement ssith thc Florida Dcpartnlent of Transportation for State Road 951 Landscape I m p rove men impnct fees are applicable to real propert.v located at 1500 East Tamiami Trail. Coc('JllUt Creek Estates neighborhood. 3 25, 2000 7) Approve funding for Preliminary Engineering and Environmental Analysis for construction of a roadway from Radio Road to Davis Boulevard. C. PUBLIC SERVICES D.. SUPPORT SERVICES 1) Consultant Selection for County Administrator Vacancy. E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. B. Appointment of member to the Isle of Capri Fire Control District Advisory Committee. C. Appointment of members to the Collier County Code Enforcement Board. D. Discussion regarding proposed amendment to the Harris Act (H.B. 659). (Commissioner Constantine) 4 January 25, 2000 11. OTHLR 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) Petition PUD-92-4 (1), Rich Yovanovich of Goodlette, Coleman & Johnson, representing Bonita Bay Properties, Inc., requesting an amendment to the Golden Gate Health Park PUD having the effect of changing the name to Golden Gate Commerce Park, eliminating hospital and some medical center uses, adding retail commercial, office, hotel, assisted living facilities (ALF) and residential uses for property located on the northwest corner of C.R. 951 and access road #2 in Section 34, Township 49 South, Range 26 East, Collier County, Florida. 2) Petition PUD-98-17(l), Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing Transeastern Properties, Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Whittenberg Estates PUD for the purpose of revising the PUD document having the effect of reducing the side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reducing the minimum distance between principal structures from 12 feet to 10 feet and allowing lots fronting on multiple road right-of-ways one front yard setback, for 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. C. OTHER 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 5~ 2000 LDC AMENDMENTS PUBLIC HEARING. An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the comprehensive zoning 5 January 25, 2000 regulations for the unincorporated area of Collier County, Florida by providing for: Section one, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Article 2, Zoning Division 2.1. General; Division 2.2. Zoning Districts, permitted uses, conditional uses, dimensional standards, Division 2.3. Off-street Parking and Loading; Division 2.4. Landscaping and Buffering; Division 2.5. Signs; Division 2.6 Supplemental District Regulation; Article 3, Division 3.2 Subdivision; Division 3.4 Explosives; Division 3.9 Vegetation Removal Protection and Preservation; Article 6, Division 6.3. Definitions, including, but not limited to the definitions of sign monument, beacon light, roadside sales and riparian line; Appendix B, typical Road Cross-Sections; Section Four, Conflict and Severability; Section Five, inclusive in the Land Development Code; and Section Six, Effective Date. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM IS CONTINUED TO THE FEBRUARY 22, 2000 MEETING. Petition A-99-03, C. Perry Peeples of Annis, Mitchell, Cockey, Edwards and Roehn, P.A., representing Keystone Custom Homes, Inc., requesting an appeal of the Collier County Planning Services Director's interpretation (I-99-06), that a sales center intended to market residential development located on the south side of Piper Boulevard east of Palm River Boulevard constitutes an off-site sales facility and is therefore not permitted. 2) THIS ITEM IS CONTINUED TO THE FEBRUARY 8~ 2000 MEETING. Petition A-99-04, Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing Kensington Park Master Association and the Yorktown Neighborhood Association, requesting an appeal of the determination of the Collier County Planning Commission on November 21, 1999, that the changes to the Carillon PUD Master Plan by adding new commercial building footprints were insubstantial. 3) THIS ITEM WAS CONTINUED FROM THE JANUARY 11~ 2000 MEETING. Petition V- 99-21, David E. Bryant, representing Alfred Luckerbauer, requesting a 7.5-foot variance to the required 15-foot side setback for docking facilities to 7.5 feet for property located at 9 Pelican Street East, further described as Lot 40, Isles of Capri No. 1, in Section 32, Township 51 south, Range 26 East, Collier County, Florida. 4) THIS ITEM WAS CONTINUED FROM THE JANUARY 11~ 2000 MEETING. Petition V- · 99-25, Joseph Sabatino requesting a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of Lots 36 and 37; a variance of I foot from the required 6 foot maximum to a 7 foot maximum for height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory. structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls for properties described as lots 13, 14, 15, 36, 37 and 38, Block 17, Naples Park, Unit 2, Collier County, Florida. 6 January 25, 2000 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) One-time exemption from the vehicle use agreement for repairs to the County's Transportation Disadvantaged Bus Fleet. 2) Approval of lot clearing and filling in the Carson Lakes Subdivision Phase 1 development. 3) Request the Board of Commissioners to self-certify that Collier County meets Florida state requirements to be designated a "Quick Permitting County". 7 January 25, 2000 7) S) 9) lo) Approve Professional Services Agreement svith WilsonMiller, Inc., Agnoli, Barber and Brundage, Inc., Coastal Engineering Con~dtants, Inc., Southern Mapping, Inc. and Wilkison and Associates, Inc., for the Fixc,~. Term Land Surveying and Photogrametric Services (RFP 99-2981). Approve staff ranking of firms for contract negotiations for Construction Engineering Inspections Services for Immokalee Road (1-75 to C.R. 951) Four Lane Improvements, RFP #99-2996. Consideration and approval of an Interlocal Agreement with Naples Heritage Community Development District. Approval of a Budget Amendment to transfer funds from Street Lighting Reserves to Capital Outlay. C. PUBLIC SERVICES 1) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County BCC and the Area Agency on Aging for Southwest Florida, Inc. 2) Approve the Master Agreement relating to Services for Seniors' Grant Programs and authorize the Chairman to sign the Master Agreement between Collier County BCC and the Area Agency on Aging for Southwest Florida, Inc. 3) Approve the award of Bid No. 99-3024 to Wal-Mart Stores for the Social Services Prescription Program. 4) Approval of rental agreement with Telimagine, Inc., for telephone system rental agreement for Headquarters Library, and signature on the contract. 5) Authorize Collier County Domestic Animal Services to propose changes and consolidate existing Animal Control Ordinances. 6) Approval of a Limited Use License Agreement with Saint Katherine's Greek Orthodox Church, Inc. for use of County-owned land for parking. D. SUPPORT SERVICES 9 January 25, 2000 1) 2) 3) 4) 5) 6~ Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deeds and agreements for deed to right of interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the 2000 calendar year. Approval of a Resolution authorizing the execution of purchase agreements and statutory deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties Inc. (Agreement dated November 15, 1983), by the Chairman of the Board for the 2000 calendar year. Approve the attached three (3) Resolutions authorizing the Board of County Commissioners' Chairman to execute the appropriate documentation required to expedite the County's Land Rights Acquisition Program for the calendar year 2000 Chairman's tenure only. Approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute Limited Use License Agreements for the 2000 calendar year. Recommendation to declare County-owned property as surplus and accept the offer received for the sale of surplus AIS hardware under Bid No. S99-3006. Award Bid 99-2959 for Temporary Clerical Services. Approval of Amendments to Lease Agreements Amending the Method for the Collection of Nominal Rents. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report- Budget Amendment #00-087 F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SER¥1CES 1) Approval of agreement between West Coast Media Group and Collier County for the development of a Hurricane Home Protection Guide. Ho MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed lO January 25, 2000 1. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners recognize a contractual obligation between fiscal years and approve carryforward funding. J. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the expert fees associated with the acquisition of Parcels 713A, 713B, 813A and 813B in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Rd. to Vanderbilt Beach Rd.) 2) Recommendation that the Board of County Commissioners approve the mediated Settlement Agreement pertaining to the easement acquisition of Parcels 10SA and 105B in Collier County v. Marianne Bendott, et al., Case No. 92-2045-CA, and approve a Stipulated Final Judgement to be drafted incorporating the same terms and conditions as the aforementioned Mediated Settlement Agreement. K. AIRPORT AUTHORITY 1) Immokalee Regional Airport Conservation Easement. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. I1 January 25, 2000 Ao Petition DRI-99-02, Karen Bishop of PMS Inc. of Naples, representing Ronto Livingston, Inc., requesting approval of the "Ronto Livingston DRI/PUD", a mixed residential development consisting of a maximum of 1,380 residential dwelling units, and a golf course and related facilities, for property located generally east of the future Livingston Road, west of Interstate 75, and immediately contiguous and south of the Collier/Lee Count: boundary in Section 7, Township 48 South, Range 26 East and Section 12, Township 48 South, Range 25 East, Collier County, Florida, consisting of 462.72+ acres. (Companion to PUD-99-09). Petition PUD-99-09, Karen Bishop of PMS, Inc. of Naples, representing RONTO Livingston, Inc., requesting a rezone from "A" Rural Agriculture with "ST" overlays to "PUD" planned unit development to be known as Ronto Livingston PUD for mixed residential development consisting of not more than 1,380 dwelling units for property located generally east of the future Livingston Road, west of Interstate 75, and immediately contiguous and south of the Collier/Lee County boundary in Section 7, Township 48 South, Range 26 East and Section 12, Township 48 South, Range 25 East, Collier County, Florida, consisting of 462.72+acres. (Companion to DR1-99-02). Petition PUD-99-04, Robert L. Duane, AICP, Hole, Montes and Associates, representing North Port Development, Inc. requesting a rezone from "CON" Conservation and "RT", Resort Tourist to "PUD" Planned Unit Development to be known as North Port Bay PUD, a residential development not to exceed 248 multi-family dwelling units, on property located on the north side of U.S. 41 in Port-Of-The-Islands in Section 4 and 9, Township 52 South, Range 28 East, Collier County, Florida, consisting of 49.96+ acres. Petition R-99-8, Mr. Terrance Kepple of Kepple Engineering representing The Community School of Naples, requesting a rezone from "A" Rural Agriculture and "A" with an approved Conditional Use for a school to "CF" for property located on the north side of Pine Ridge Road (CR-896) and on the west side of Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Eo Petition CU-99-25, Amin Farah of First Stop. Representing Raida Hamdan, requesting conditional use "13" of the C-4 Zoning district for a bus stop for property located at the corner of Boston Avenue and First Street in Immokalee, further described as Lots ll and 12, Block 1, Carson Subdivision in Section 4, Township 47 South, Range 29 East, Immokalee, Florida, consisting of 1+/- acres. Petition V-99-08, James M. McGann, representing Society of St. Vincent De Paul Thrift Store, requesting a 15-foot variance from the required 15-foot side yard setback to 0 feet for property located at 3196 Davis Boulevard, further described as Lot 133, Naples Grove & Truck Company's Little Farm #2, in Section l 1, Township 50 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 12 January 25, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING JANUARY 25~ 2000 ADD: ITEM 9(A) - RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE EXPERT FEES ASSOCIATED WITH THE ACQUISITION OF PARCELS 106A, 106B, 706 AND 806 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN AMERICAN CLUB, INC. ET AL., CASE NO. 98-1672-CA-01 (AIRPORT ROAD SIX-LANING PROJECT FROM PINE RIDGE RD. TO VANDERBILT BEACH RD.) (COUNTY ATTORNEY'S REQUEST). CONTINUE TO 2/8/00 MEETING: ITEM 8(B)(4) - TO CONDUCT A REVIEW HEARING TO DETERMINE WHETHER SEWER IMPACT FEES ARE APPLICABLE TO REAL PROPERTY LOCATED AT 1500 EAST TAMIAMI TRAIL. (PETITIONER'S REQUEST). CONTINUE TO 2/8/00 MEETING: ITEM 12(B)(1) - PETITION PUD-92-4 BONITA BAY PROPERTIES REQUESTING AN AMENDMENT TO THE GOLDEN GATE HEALTH PARK PUD PROPERTY LOCATED ON THE NORTHWEST CORNER OF CR 951 (PETITIONER'S REQUEST). CONTINUE TO 2/&fi/00 MEETING: ITEM 13(A){3) - PETITION V-99-21, 7.5 FOOT VARIANCE TO THE REQUIRED 15 FOOT SIDE SETBACK FOR DOCKING FACILITIES TO 7.5 FEET FOR PROPERTY LOCATED AT 9 PELICAN STREET EAST. (STAFF'S REQUEST). PROCLAMA TiON WItEREA$, 'Collier County encompasses att area of over 2,000 square miles; and, tKHEREAS, there is no Veteran's A dndnistration health care faciliO, located in Collier CounO,; and, WIIEREAS, many of our veteran residents have dlfficul~y itt getting to medical appointments at !~t facilities; and, g~HERE~IS, the Collier Count Veteran 'sCcouncll, in cooperation with the Collier ~un.tv Board of County Comntissioners, provides free transportation to veterans with appointments at VA hospitals and out-patient clinics; and, WIiEREAS, the Veteran's Transportation Program relies att the services of volunteer drivers and office staff; and, WttEREAS, itt 1999, the Veteran's Transportation Program logged 134,287 accident free miles, carried 764passengers on 364 trips and volunteers donated 2,550 hours; and, l ~qiER EA S without ...... the volunteer drivers attd o~tTce ,.tare.~ .....tt, ls p.raor~n1~, ............. .... td ,~t p..,ov'tde the necessary and int?ortant service of nlaking sure veterans are able to keep their medical appointments. NOW T!!EREFORE, be it proclaimed by the Be,,, a oj ,_o ..... y Con,au~wn~rs o) ~olher our appreciation and our thanks to the volunteers af tite Veteran's Transportation Program for their tinte attd their efforts on behalf of the veterans of Collier CouttO,. DONE AND ORDERED Tills 25th Day of January, 2000. BOARD OF COUNTY COMMiSSiONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHY J. CONSTANTINE, CItAIRMAN DWIGHT E, BROCK, CLERK i ,'AN2S2000 I PROCLAMA TION 21 centttr, att I[fflEREAS, t,et,veent ...... now and lhe early .~t estimated il to i2 trillion dollars will be passed on from estates; and, 'WHEREAS, charity is receiving a decreasing share of the monies from wealthy estates, with less than 80%o of the nation's wealthiest individuals leaving nothing to charity; attd, IfTIEREAS, only 5. 71% of households surveyed by a National Comntittee on Planned Giving intend to platt a charitable bequest; and, WtlEREAS, no single charity itl Collier County has the resources to mount a large-scale public ed. cation program about the batnTqts and ease {~arranglng chari!t, tble beqttests; and, iVIiEREAS, the Community Foundation of Collier CounO, is the cortlerstone of charitable giving itt the comntunio,, having gh,en more than $5.5 million itt grants to area not-for-profit groups since 1985; and, the CommuniO, Foundatio. itl collaboration with the Naples Council on Planned Givi.g ..... a tt6..rrojl.o,~ ..to,t ..... .tta leg..l ~o.a.~ t ...... nmg pmbresslonals, and corporate fanders ig la.nching Leave a i.egacy, a progrant to et~co~trage chariiabl~: .giving/brough their eslagex ~-om people from aH walks of I~e. NOIV THEREFORE, be it proclaimed by tile Board of CounO' Cammissioners of Collier County, Florida, that the mo.th ~£ Februar),, 2000~ be designated as LEA VE A LEGACY ),!ONItI DONE AND ORDERED TttlS 25th Da), of January; 2000. BOA R D OF CO UNT Y C031MISSIONERS COLLIER COUNT~'; FLORIDA ATTEST: TIMOTItY J. CONSTANTINE, CHAIRMAN !)WIGIIT E. BROCK, CLEltK EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 1999 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) AS PROVIDED FOR IN SECTION 3.15.6 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE OBJECTIVE: To request that the Board of County Commissioners review the 1999 Annual. Update and Inventory Report on Public Facilities (AUIR) and give Staff direction on projects and funding sources for inclusion in the tenth Capital Improvement Element (CIE) Update and Amendment. BACKGROUND: Chapter 163, Part II, Florida Statues required the County to adopt certain Land Development Regulations (LDR's) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDR's requires the County to, "Provide that public facilities and services meet or exceed the standards established in the CIE required by Section 163.3177 and are available when needed for the development ..." This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990 the Board adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 93-82, as amended by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the Land Development Code. Division 3.15 of the Land Development Code establishes a management and monitoring program for public facilities which provides for an annual determination of concurrency and additional facilities needs. Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report on Public Facilities (AUIR) for presentation to the Board of County Commissioners. "The findings of the AUIR shall form the basis for the preparation of the Annual Update and Amendment to the Capital Improvement Element, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development order subject to the provisions of this Ordinance during the next year." Under Section 3.15.6 of the Land Development Code the Board's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the Capital Improvement Element; Deferral of development order issuance for non-vested development in areas affected by deficient Category "A" public facilities pending; JAN 8 5 2000 Lowering of Level of Service Standards (LOSS) via Growth Management Plan Amendments; Direction to Staff to include the necessary Public Facility projects in the ninth CIE Update and Amendment to be adopted by the Board; Approval of new or increased revenue sources for needed Public Facility projects by the Board of County Commissioners, the State Legislature or the County voters. GROWTH MANAGEMENT IMPACT: The preparation and presentation of the AUIR to the Board meets the requirements of Division 3.15 of the Land Development Code for an annual determination of the status of public facilities. Board direction to include the projects identified in the AUIR in the next financially feasible CIE Update and Amendment will establish and maintain concurrency for the next twelve (12) months. FISCAL IMPACT: Revenues needed to fund the CIE projects proposed in the 1999 AUIR for the FY 00-04 planning period and maintain statutorily mandated financial feasibility of the CIE have previously been enacted, are available, or have been approved by the Board of County Commissioners. However, funding for the jail expansion is undetermined pending a funding decision by the BCC. Projected revenues needed to fund public facility construction/expansion for the FY 00-04 CIE planning period total $343,545,790 as summarized on page 1. Project expenditures in excess of estimated impact fee revenues are reflected as being augmented by ad valorem taxes and utility user fees in the body of this document. RECOMMENDATION: That the Board of County Commissioners take the following actions: Accept and approve the attached document as the 1999 Annual Update and Inventory Report on Public Facilities (AUIR); Give Staff' direction by separate motion and vote on Category "A" and "B" facilities relative to Staff recommendations for projects and revenue sources for inclusion in the ninth CIE Update and Amendment; Find upon analysis, review and actions taken based on the 1999 AUIR that adequate Category "A" public facilities will be available, as defined by the Collier Concurrency Management System, as implemented by Division 3.15 of the LDC, to support development order issuance until presentation of the 2000 AUIR approximately twelve (12) months fi.om this date. AG E N~/IT-/F=~M~ No. i~ / JAN 5 2000 PREPARED BY TSINGE~, AICP~ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY ? ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED,BY · , ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE 1999 AUIR EX SUMMARY/md JAN 2 5 2000 COLLIER COUNTY ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) December, 1999 Prepared By Comprehensive Planning Section Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403-2400 JAN 2, 5 ~000 TABLE OF CONTENTS PROPOSED CIE FACILITIES AND REVENUES FY 00-04 CURRENTLY PLANNED OR REQUIRED TO ELIMINATE DEFICIENCIES Paqe 1 INDIVIDUAL FACILITY REPORTS: CATEGORY "A" FACILITIES 1. County Artedal and Collector Roads 2. Parks and Recreation - Recreation Facilities - Community Park Land - Regional Park Land 3. Drainage Canals and Structures - Drainage Projects 4. Potable Water System 5. Sewer Treatment and Collector System - North County - South County 6. Solid Waste INDIVIDUAL FACILITY REPORTS: CATEGORY "B" FACILITIES 2. 3. 4. 5. 6. 7. County Jail Library Buildings Library Book Stock Government Buildings Emergency Medical Services Dependent Fire District: Ochopee Dependent Fire District: Isle of Capri 19 23 25 27 28 29 31 33 35 41 43 45 47 49 51 53 APPENDIX Capital Projects Status Report "Executive Summary" 55 AG E N. J3~I~T~ F4 JAN 2, 5 2000 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1999 CATEGORY "A" FACILITIES December, 1999 JAN ~, 5 ~O00 1999 AUIR PROPOSED CIE FACILITIES & REVENUES FY 00-04 CURRENTLY PLANNED OR REQUIRED TO ELIMINATE DEFICIENCIES FACILITY TYPE County Roads/Reserves* Potable Water System Sewer System Drainage Parks & Recreation Solid Waste Emergency Medical Services Libraries Government Buildings County Jail Dependent Fire Districts TOTAL RECOMMENDED PROJECTS $174,509,000 34,627,200 53,154,750 27,785,000 25,188,300 0 2,242,473 12,327,857 6,319,200 7,392,000 0 $343,545,790 EXISTING/AVAILABLE REVENUE SOURCES Capital Ad Valorem Gas Taxes Impact Fees Miscellaneous (Roads) Carry Forward (Roads) Jail Funding** MSTU Revenue Bonds (Drainage) Developer Contributions SFWMD FDEP City of Naples Bond/Loan Proceeds (Roads) TOTAL RECOMMENDED REVENUE $ 24,979,367 45,133,000 174,998,423 5,722,000 45,872,000 7,392,000 13,058,000 1,288,000 5,725,000 1,126,000 1,002,000 17,250,000 $343,545,790 * Includes surplus funds of $15,520,000 ** Funding mechanism pending BCC direction JAN 2 5 ~000 Pg' 7 -- 1999 COUNTY AND STATE ROADS CONTENTS 1999 AUIR FACILITY FORM SUMMARY (County Arterial and Collector Roads) ATTACHMENT A Transportation - Existing Conditions Report- 1998 ATTACHMENT B Collier County Transportation Planning Database Capacity Analysis (Proposed 00-04 CIE) ATTACHMENT C Collier County Five Year Road Plan 00-04 4 14 JAN ~ 5 2000 -- 1999 AUIR FACILITY SUMMARY FORM Facility Type: County Arterial and Collector Roads (Category B) Level of Service Standard: Variable "D" to "E" Unit Cost: Variable ($953,000/Lane Mile Average) Recommended Projects by 9/30/04: Available Revenues FY 00-04: 5-year Surplus or (Deficit): Capital Roads $158,989,000 174,509,000 15,520,000 Existing Revenue Sources: A. Planned CIE FY 00-04 Existing Gas Taxes (Capital) Impact Fees Carry Forward New 5 Cent Gas Tax R&B Gas Tax Miscellaneous Interest, Reimbursements Bond/Loan Proceeds $13,448,000 60,532,000 45,872,000 17,044,000 14,641,000 5,722,000 17,250,000 $174,509,000 B. 5-year Deficit 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required AGEN M .o. JAN 5 ZOO0 Recommended Action: That the BCC direct Staffto include County road projects appearing on "Collier County Five Year Road Plan FY 00-04" (Attachment C) in the Tenth CIE Update and Amendment. TRANSPORTATION EXISTING CONDITIONS REPORT - 1998 Objective To provide the Board of County Commissioners with an "existing conditions" analysis of the transportation system in the unincorporated area of Collier County. Purpose This analysis is provided to assist in the preparation of the Annual Update and Inventory Report (AUIR), and more specifically to assist in the determination of adequate (transportation) public facilities. Considerations The following considerations apply to this analysis: Thc analysis year is thc twelve month period ending December 31, 1998, that being the last complete year of data collection; Thc level of service (LOS) threshold volumes used are those that formed part of the update to the non-adopted portion of thc Transportation Element on June 8, 1999. Route specific and generalized service volumes in thc urban ama are from thc Collier County Service Volume Update Final Report published in April, 1998. The rural service volumes are from either the FDOT's AnnualAverage Daily Volumes for No,-State Roadways or Daily Service Volumes for State Roads in Collier County, circa 1992, which remain as part of the updated Transportation Element; · Traffic volume data (raw counts) have been factored by an axle factor of .9524 to yield actual vehicle counts; · Traffic volumes (and capacities) arc two-way totals; · Average Daily Traffic (ADT) service volumes are chosen to ensure equivalent level of service in the hundredth highest hour, which corresponds to a typical peak season rush hour; and · All State highway projects needed to assist the County in meeting its concurrency requirements are fully funded by the FDOT, except where noted below (see Special Notes). Attachments Attached are the 1998 Collier County Transportation Planning Database table, which incorporates the Tentative FY 00 to FY 04 Capital Improvement Plan, and the Draft District One 20 Year FIHS Cost Feasible Plan. Observations Of the 114 traffic count stations in the Coastal and Immokalee Urban Areas for which 1997 data is also available, 71.9% (82 stations) reported increases over the 1997 annual average daily traffic (AADT) volumes as follows: ' Existing Conditions Report - 1998 vl JAN 2 5 ZOO0 · 24.6% · 25.4% · 21.9% (28 stations) show an increase greater than 10% over 1997; (29 stations) show an increase of 5%- 10% over 1997; and (25 stations) show an increase of up to 5% over 1997. Thirty two stations (28.1%) reported a decrease in traffic volumes from 1997 as follows: · 12.3% (14 stations) show a decrease of 5% or less; and · 15.8% (l 8 stations) show a decrease of more than 5%. Capital Improvement Element Comments The 2000-2004 CIE Update is designed to preserve concurrency on county roads. Recommendations Add Major Reconstruction Projects (CIE #27), Traffic Signals (CIE #28), and Advanced ROW (CIE #34) funds to FY04 as appropriate. Special Notes State Road 84 With the change in the service volumes mentioned above, the section of State Road 84 between Radio Road and C.R. 951 (ID# 19) became deficient. This short segment is part of a section from Santa Barbara Blvd. to C.R. 951 for which the Preliminary Engineering phase was the MPO's top ranked unfunded priority., and hence will likely appear in the state's draft tentative work program published in December, 1999. State Road 29 The section of State Road 29 that is deficient (ID# 94) is described in the AUIR as C.R.858 (Oil Well Rd.) to S.R.29A (New Market). The Board of County Commissioners voted on October 26, 1999 to endorse an amendment to the Transportation Element that will change the minimum standard LOS on all state facilities in the rural areas from C to D. This change will eliminate this level of service deficiency when the amendment is final. Interstate 75 The 1998 traffic count on Interstate 75 between Immokalee Road and the Lee County line indicates a level of service deficiency. Completion of construction of additional lanes on U.S. 41 North in north Collier and south Lee counties will alter travel patterns to the benefit of 1-75. Completion of a segment of Livingston Road between Immokalee Rd. and the Bonita Beach Road (by developers) will also alter travel patterns to the benefit ofi-75. __.. Existing Conditions Report - 1998 vl JAN 2 5 2000 The Project Development and Environmental (PD&E) phase of an improvement to this section of 1-75 was number seven in the Unfunded Priorities list adopted by the Collier County Metropolitan Planning Organization (MPO) on August 6, 1999. The local government does not have the authority to alter the adopted minimum level of service standard on this facility because it is part of the Florida Intrastate Highway System (FIHS). They also do not have the authority to program state funds available solely for interstate improvements (NH funds). Authority in both these areas resides with the FDOT. This combination of restrictions is becoming increasingly burdensome for a number of counties, and a formal request for relief is a possible response to future level of service deficiencies on the 1-75. The Collier and Lee MPOs passed twin resolutions urging the FDOT to make this section ofi-75 a priority in their programming of funds for improvements to the FIHS system. The FDOT's Draft District One 20 Year FIHS Cost Feasible Plan indicates that the right of way acquisition phase for this improvement (along with other sections) will be funded sometime in the 2004/05 - 2009/10 period, and the construction sometime in the 2010/11 - 2019/20 period. Though not yet indicated in any published work program, the PD&E phase would have to precede the above mentioned phases. Collier County MPO staff submitted a Fast Track Economic Growth Initiative grant application for the PD&E phase for this section (among others) of 1-75. Prepared By: Date: Gavin Jones, P.E., Tr~sportation Planning Manager Existing Conditions Report - 1998 vl JAN 2 5 2000 AG E N,~,~Mi No. ~ JAN g 5 ;~000 pg. /'~ AGE T JAN S 5 Z000 JAN ~ 5 ?.000 No. ~ JAN ~, 5 2000 NO. ~ JAN "~. ,/7.- .i NO. ~ JAN 13 JAN 2 5 2000 CIE NO. 3 4 5 6 8 10 11 12 14 15 16 17 19 COLLIER COUNTY FIVE YEAR ROAD PLAN FYO0-04 $(ooo) PROJECTS 111 iH Avenue North US 41 to Vanderbilt Drive FY 2000-2004 3235 Airport-Pulling Road US 41 to Radio Road COMPLETED Davis Boulevard Santa Barbam Boulevard to County Barn Road COMPLETED Golden Gate Parkway Goodlette-Frank Road to Airport-Pulling Road COMPLETED 36 Immokalee Road US 41 to 1-75 COMPLETED 5110 Immokalee Road 1-75 to CR-951 9102 County Road 951 US 41 to Rattlesnake-Hammock Road COMPLETED County Road 951 Davis Boulevard to Rattlesnake- Hammock Road COMPLETED State Road 951 US 41 to Marco Bridge COMPLETED Pine Ridge Road US 41 to Airport-Pulling Road COMPLETED Radio Road Airport-Pulling Road to Santa Barbara Boulevard COMPLETED Radio Road Santa Barbara Boulevard to Davis Boulevard 346 Rattlesnake-Hammock Road US 41 to Polly Avenue COMPLETED Goodlette-Frank Road Carica Road to Immokalee Road COMPLETED 14 ATTACHMENT C JAN 2 5 2000 CIE NO. PROJECTS COLLIER COUNTY FIVE YEAR ROAD PLAN FY00-04 $(ooo) FY 2000-2004 ATTACHMENT C 20 21 Gulf Shore Ddve Vanderbilt Beach Road to 111th Avenue North Livingston Road (MSTU) CR-846 to Impedal Street + EW Connection DELETED 2117 22 23 Logan Boulevard Green Boulevard to Pine Ridge Road Vanderbilt Beach Road US 41 to Airport-Pulling Road 24 Vanderbilt Beach Road 1-75 to CR-951 25 Vanderbilt Drive 111th Avenue North to Bonita Beach Road 26 Westclox Road Carson Road to SR-29 27 28 31 32 33 Major Reconstruction Traffic Signals Bonita Beach Road West of Vanderbilt Ddve Santa Barbara Boulevard SR-84 To Rattlesnake- Hammock Road County Barn Road Davis Boulevard to Rattlesnake- Hammock Road 34 Advance Right-of-Way Acquisition 35 Carson Road Lake Trafford Road to Immokalee Drive COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED 15 1338 46OO 3750 1210 250 5000 AGENDAJTF=,M ~ .o. JAN 2 5 Z000 CIE NO. 36 37 38 39 40 41 42 52 53 54 55 56 57 COLLIER COUNTY FIVE YEAR ROAD PLAN FY 00-04 $(ooo) PROJECTS New North-South Road CR-858 to CR-846 COMPLETED FY 2000-2004 County Road 951 Golden Gate Boulevard to Immokalee Road 25 Pedestrian Overpass on SR-29 COMPLETED Airport-Pulling Road Golden Gate Parkway to Pine Ridge Road COMPLETED Goodlette-Frank Road Golden Gate Parkway to Solana Road Pine Ridge Road Airport-Pulling Road to 1-75 7,580 Vanderbilt Beach Road US 41to Gul~hore Drive CONSTRAINED Livingston Road Pine Ridge Road to VVyndemere 8,265 Livingston Road Golden Gate Parkwayto Radio Road 8,745 Bald Eagle Drive North and South of SR-951 DELETED* Airport-Pulling Road Vanderbilt Beach Road Extension to Pine Ridge Road 7,009 Santa Barbara Boulevard Golden Gate Parkway to Radio Road Livingston Road Immokalee Roadto Vanderbilt Beach Road 10,707 Located inside the incorporated area of the City of Marco Island. ATTACHMENT C No. ~ JAN 2 5 2000 CIE NO. PROJECTS ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY00-04 $(ooo) FY 2000-2004 58 Livingston Road Vanderbilt Beach Road to Pine Ridge Road 59 North 11th Street (Immokalee) Roberts Avenue to SR-29 6O 61 62 Environmental Mitigation County Road 951 Golden Gate Parkway to Davis Boulevard Golden Gate Boulevard CR-951 to Wilson Boulevard 63 Vanderbilt Beach Road Airport-Pulling Road to 1-75 64 111thAvenue North Gulfshore Drive to Vanderbilt Drive 65 Goodlette-Frank Road Carica Road to Pine Ridge Rod 66 Lake Trafford Road West of SR-29 67 68 69 70 71 North 1st Street Main Street to New Market Road Old US 41 US 41 to the Lee County Line Intersection Improvements Pine Ridge Road at Airport- Pulling road Goodland Bridge Repair Immokalee Road CR-951 to CR-858 Subtotal Project Costs COMPLETED DELETED COMPLETED 9,791 170 265 25 17,944 8,886 8,624 5,748 6,950 133,600 No, ~ JAN 2 5 ?_000 CIE NO. PROJECTS ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY 00-04 $(ooo) FY 2000-2004 00 Commercial Paper Interest and Principal Reserves/Miscellaneous Projects TOTAL 5,451 19,938 158,989 18 No. ~ JAN g 5 20013 1999 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category ^) Level of Service Standard: $179 capital inventory per capita Unit Cost: Vadable Available Inventory 9130199: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Capital Facilities $43,902,160 47,369,665 25,188,300 21,720,795 Existing Revenue Sources: A. Planned CIE FY 00-04 Park Impact Fees Ad Valorem Supplemental Revenue Sources: A. Altemative I None Required $ 20,060,000 5,128,300 25,188,300 Recommended Action: That the BCC direct Staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment.. "Available inventory" reflects the valuation of current inventory of the facility types on page of this AUIR. 19 o o o o o o 0'~ c:D c,o o o o'~ o 20 AG E N [~J...i,'TJ~M, No. XI~')I JAN ~ 5 ZOO0 PARKS AND RECREATION Five Year Capital Facilities Improvement Plan PROJECT FY-99-00 2000-2001 2001-2002 2002-2003 2003-2004 COMMENTS Bayview 78,500 0 0 0 0 Additional pathway & Security Park Lights Bleachers 100,000 0 0 0 0 Carry fonNard Bluebill 634,000 0 0 0 0 Build parking lot, pathways and landscape Clam Pass 400,000 0 0 0 0 Improvements to boardwalk Corkscrew 584,000 0 0 0 0 Soccer field lights and basketball Ballfield (200,000/99) Eagle 100,000 1,800,000 0 0 0 Lights on soccer (00), basketball Lakes community center, pkwy., pavillions, waterplay and tennis (01) GG 1,338,700 0 0 40,000 0 Purchase land 600,000, roller Community hockey 575,000 (00) waterplay Center 50/50 40,000 GG 440,000 0 0 0 0 Walkway around park 40,000, Community linear bike/walkway park from GG Park park to 951 (00) 400,000 Immokalee 110,000 0 0 0 0 Light soccer field #2 at sports Sports complex (00) Complex Barefoot 17,500 0 0 0 0 Canoe Launch Beach Max Hasse 1,425,000 0 75,000 0 0 Improvements - softball (2), soccer upgrade irrigation (00), Comm. Center (00), walkway (02), maintenance facility 40,000 (00) NN 700,000 10,200,000 1,250,000 1,250,000 3,250,000 Design (00) 6 softball field, Regional Comm. Center, Admin bldg., !Trails/pathway, Maint bldg (00-01- 02), 2 soccer fields, softball (04) Pelican Bay 96,600 0 0 0 0 Add patio area, maintenance shed, bleacher, resod & irrigation ENCP 45,000 0 0 0 0 Picnic shelter at park Roller 0 250,000 0 0 0 Location to be determined Hockey Sugden 350,000 0 0 0 0 Complete path around park. Park Construct maint. Bldg. Tigertail 425,000 30,000 0 0 0 Construct consession, deck, seating, storage (00), replace boardwalk (4) in 01 Veterans 0 0 100,000 0 0 Walkways around park Park Vineyards 56,000 0 0 0 0 Construct maint bldg 40,000, improve at park 11,000 (00) Naples 25,000 0 0 0 0 City beach ends improvements Beach Ends Naples 18,000 0 0 0 0 City- Nales Landil g_Ebase..l.V-- Landing AGENDA NO. TOTALS 6,943,300 12,280,000 1,425,000 1,290,000 3,250,000 JAN 2 5 2! ZOO0 PARKS FACILITIES INVENTORY (cONCURRENCY) TYPES 9~0~91NVENTORY VALUATION Jogging Trails Picnic Pavilions Racquetball Courts Multipurpose Center Shuffleboard Courts Softball Fields Tennis Courts Roller Hockey Skate Park Beach Parking Spaces Amphitheater Baseball Fields Basketball Courts Bicycle Trails Boat Ramps Playgrounds Community Center Swimming Pools Football/soccer Fields 5 27 22 2 26 18 39 2 1 1086 2 4 22 64.1 (miles) 11 21 5 2 12 $ 273,000 1,431,000 602,800 5,00O,00O 712,400 7,002,000 1,068,600 600,000 400,000 1,086,000 500,000 2,404,000 602,800 2,025,560 3,005,200 2,100,000 6,500,000 4,000,000 4,588,800 $43,9O2,16O 22 AG E N I:)~J'7 F-~ I NO. ~ JAN 2 5 ZOOO 1999AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $34,100/acre (average) Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Acres 419.0 340.9 0 78.1 Value/Cost $14,287,900 11,624,690 0 2,663,210 Existin,q Revenue Sources: A. Planned CIE FY 00-04 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: None Required at this time. 23 JAil 2 5 7000 1999 AUIR FACILITY SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $20,200/acre (average) Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): 1. Existing Revenue Sources: A. Planned CIE FY 00-04 None required 2. Supplemental Revenue Sources: A. Alternative I None required Acres 2382.0 778.3 0 1603.7 Value/Cost $44,116,400 15,721,660 0 32,394,740 Recommended Action: None required 25 JAN 2 5 2000 Pg.__ - ~ Z _J ~J n~ O~ UJ n- AGEND~ITJ~ ~ No. ~ JAN 2 5 2000 1999 AUIR FACILITY SUMMARY FORM Facility Type: Drainage Canals & Structures (Category A) Level of Service Standard: Future Development - 25 year, 3 day storm Existing Development - current service level Unit Cost: Primary Canal Mile Secondary Canal Mile Primary Structure Secondary Structure $616,000 374,000 495,000 308,000 Available Inventory 9/30/99: Required Invemory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Existing Revenue Sources: A. Planned CIE FY 00-04 Ad Valorem Developer Contributions SFWMD FDEP MSTU City of Naples Canal Miles/ Structure 373 373 N/A N/A TOTAL Value/Cost $184,206,000 184,206,000 27,785,000 N/A $ 5,586,000 1,288,000 5,725,000 1,126,000 13,058,000 1,002,000 $27,785,000 Supplemental Revenue Sources: A. Alternative I None Required Recommended Action: No. ~trr vt- JAN 2 5 2000 That the BCC direct Staff'to include "Planned CIE FY 00-04" studies and projects in the tenth CIE Update and Amendment. 27 ~0 wo )- ,, LA. o~oE~ ~ 0 0 00000 E ~g 28 JAN ~ 5 2000 ~g. ~ 1998 AUIR FACILITY SUMMARY FORM Facility Type: Potable Water System (Category A) Level of Service Standard: 185GPD/Capita Unit Cost: $4,328,400 Available Inventory 9~30~99: Required Inventory 9~30~04: Planned CIE FY 00-04 5-year Surplus or (Deficit): MGD 24.0 22.7 8.0 17.3 Value/Cost $103,881,600 98,254,680 34,627,200 74,881,320 ExJstin.q Revenue Sources: A. Planned CIE FY 00-04 System Development Fees/Revenue Bonds $34,627,200 Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment. 29 E ~ 030 '- 30 JAN ~ 5 2000 t999 AUIR FACILITY SUMMARY FORM Facility Type: Sewer Treatment and Collection System - North County (Category A) Level of Service Standard: 145 GPD/Capita Unit Cost: $6,253,500 Available Inventory 9~30~99: Required Inventory 9/30/04: Planned CIE FY 00-04: 5-year Surplus or (Deficit): MGD 9.5 9.5 5.0 4.0 Value/Cost $59,408,250 59,408,250 31,267,500 25,014,000 F.~stinR Revenue Sources: A. Planned CIE FY00-04 System Development Fees/Revenue Bonds $31,267,500 Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment. 31 AGEN JAN ~e~ooo,o~o_~o ~ '~ Z .J LU LI.I 0 ~D 0 0 0 0 0 0 0 32 AG E NIi~/,~M/ NO. ~ JAN 1999 AUIR FACILITY SUMMARY FORM Facility Type: Sewer Treatment and Collection System - South County (Category A) Level of Service Standard: 121 GPD/Capita Unit Cost: $6,253,500 Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): MGD 8.0 9.0 5.5* 4.5 Value/Cost $50,028,000 56,281,500 21,887,250 28,140,750 E,,dstinq Revenue Sources: A. Planned CIE FY 00-04 System Development Fees/Revenue Bonds $21,887,250 Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment. *Note: 2.0 MGD of the additional capacity of the South Plant is to be achieved by a "re-rating" of the plant in FY 99-00 as opposed to construction of added capacity. 33 No. ~/_r,- ~ JAN 2 5 2000 A LLI ~o o ~. 34 1999 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: Two (2) years of constructed lined cell capacity at average disposal rate/previous five (5) years Unit Cost: $13.35/ton Available Inventory 9/30/99: Required Inventory 9/30/99: Planned CIE FY 00-04 5-year Surplus or (Deficit): Cell Tons Value/Cost 1,400,901 $18,702,028 665,844 8,889,017 0 0 (175,518) (2,343,165) Existin.q Revenue Sources: A. Planned CIE FY 00-04 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: THAT THE BCC DIRECT THE SOLID WASTE DEPARTMENT TO DEVELOP A REMEDIAL PLAN WITH ALTERNATIVE SOLUTIONS TO AVOID A SOLID WASTE CONCURRENCY DEFICIENCY UNDER THE PROVISIONS OF CHAPTER 163, PART 11, F.S.; RULE 9J-,F, F.A.C.; AND DIVISION 3.15 OF THE COLLIER LAND DEVELOPMENT CODE IN FY 03-04. 35 JAN 5 Z000 n u.i ', 0 Z Ltl Z < uJ u.l LLI LIJ LI.I >- U- 0 ~ >- AGEN[~ ~T~' JAN ~ 5 ZOO0 36 Pg' /~ 1999 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: 10 year of permittable capacity at average disposal rate/previous five (5) years Unit Cost: $13,35/ton Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04: 5-year Surplus or (Deficit): Site Tons Value/Cost 4,922,068 $65,709,607 3,357,490 44,822,491 0 0 (6041) (80,647) Existin,q Revenue Sources: A. Planned CIE FY 00-04 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: THAT THE BCC DIRECT THE SOLID WASTE DEPARTMENT TO DEVELOP A REMEDIAL PLAN WITH ALTERNATIVE SOLUTIONS TO AVOID A SOLID WASTE CONCURRENCY DEFICIENCY UNDER THE PROVISIONS OF CHAPTER 163, PART 11, F. S.; RULE 9J~ F. A. C.; AND DIVISION 3.15 OF THE COLLIER LAND DEVELOPMENT CODE IN FY 03-04 37 AGEN~F~LI~~1 I NO. ~ JAN 2 5 2000 38 w 0 ¢ ~ z t~ 0 m 0 AGENI~ }? JAN 2 5 ZOO0 Landfill notes 1999 Total available capacity for the Naples and Immokalee landfills is 4,922,068 tons as of October 1, 1999. This capacity is estimated to provide disposal space through August of 2013. A ten year capacity deficiency will occur at the end of fiscal year 2002-03. Two year built lined cell capacity is 1,~100,901 tons as of October 1, 1999. This capacity is estimated to provide disposal space through February 2004. A two year deficiency will occur after February 2002. 3. For inventory and surplus/deficiency calculations the combined capacity of the Naples and Immokalee landfills are considered available to the county-wide population. Disposal capacities are based on permitted design hight elevations of 108 feet at the Naples Landfill and 92 feet at the Immokalee Landfill. Additional capacity could be added to the Naples Landfill site as outlined in BCC item 8B(1) on 9/28/99. 39 JAN S 5 ZOO0 NINTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1999 CATEGORY "B" FACILITIES December, 1999 4O AG E NI~,~',~ ~- No. O /~,~-t JAN 2 5 ~000 1999 AUIR FACILITY SUMMARY FORM Facility Type: County Jail (Category B) Level of Service Standard: ,0024 beds per capita Unit Cost: $30,800 per bed Available Inventory 9/30/99: Required Inventory 9/30/09: Planned CIE FY 00-04 5-year Surplus or (Deficit): Beds 754 841 240 174 Value/Cost $23,223,200 25,348,400 7,392,000 5,882,800 Existin.q Revenue Sources: A. Planned CIE FY 00-04 None B. 5-Year Deficit None 2. Supplemental Revenue Sources: A. Alternative I G.O.B. Referendum $7,392,000 Alternative II Annual Budget Capitol Appropriation (Ad Valorem) $7,392,000 C. Alternative lll COP Bonds $7,392,000 Alternative IV Correction Facilities Impact Fee $7,392,000 Recommended Action: That the BCC direct staff to include CIE Project ~t400 in the Tenth CIE Update and Amendment and identify a funding source for financial feasibility requirements. 41 AGENp~ F~ I JAN 2 5 2000 ~ Z ...J LLI Z LU n o 0 0o ¢o o o o 42 1999 AUIR FACILITY SUMMARY FORM Facility Type: Library Buildings (Category B) Level of Service Standard: 0.33 sq. fl. per capita Unit Cost: $159.98 sq. ft. Available Inventory 9/30/99: Required Inventory 9~30~04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Square Feet 84,481 97,687 38,000 24,794 Value/Cost $13,515,270 15,627,966 6,079,240 3,966,544 Existing Revenue Sources: A. Planned CIE FY 00-04 Library Impact Fees Ad Valorem B. 5-Year Deficit None required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required $ 4,382,000 1,697,240 6,079,240 Recommended Action: That the BCC direct staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment. 43 AGENDbI:~I~/ No..._...J~ JAN 2 5 2000 Pg. _.~.~.-:_~... << O< I-- UJ 0~- 'o 0'~ o cD o o o o o o o. o o JAN 2 5 2000 1999 AUIR FACILITY SUMMARY FORM Facility Type: Library Book Stock (Category B) Level of Service Standard: 1.30-2.05 (progressive) Books per capita Unit Cost: $29.40 per volume Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Books 283,297 495,835 212,538 0 Value/Cost $ 8,328,931 14,577,549 6,248,617 0 E~stin,q Revenue Sources: A. Planned CIE FY 00-04 Ad Valorem $ 6,248,617 Supplemental Revenue Sources: A. Alternative I None Required B, Alternative II None Required Recommended Action: That the BCC direct staffto include "Planned CIE FY 00-04" book collection additions in the Tenth CIE Update and Amendment. 45 AG E N [~/~z~l~l ! NO, ~ JAN 2 5 Z000 JAN 2 5 ZOO0 1999 AUIR FACILITY SUMMARY FORM Facility Type: Government Buildings (Category B) Level of Service Standard: 2.58 sq. ft. per capita Unit Cost: $159.98 Available Inventory 9~30~99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Square Feet Value/Cost 587,992 $94,066,960 682,758 109,227,624 39,500 6,319,210 (55,266) (8,841,454) Existinq Revenue Sources: A. Planned CIE FY 00-04 $6,319,210 Ad Volorem B. 5-year Deficit Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment 4'7 AGE JAN 2 5 ZOO0 A NC'. ~, JAN ~ 5 2000 1999 AUIR FACILITY SUMMARY FORM Facility Type: Emergency Medical Services (Category B) Level of Service Standard: .000068 units per capita Unit Cost: $747,491 per unit (vehicle + building) Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04: 5-year Surplus or (Deficit): Units 17 2O 3 (0.1) Value/Cost $12,707,347 14,949,82O 2,242,473 (74,749) E.~stin.q Revenue Sources: A. Planned CIE FY 00-04 EMS Impact Fees $2,242,473 B. 5-year Deficit 0 Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct Staffto include "Planned CIE FY 00-04" projects in the Tenth CIE Update and Amendment. 49 No. ~ ? JAN 3 5 2000 ill .-J (/) L~ :5°o ~Oo° 50 o o o JAN 2 5 ?_000 1999 AUIR FACILITY sUMMARY FORM Facility Type: Dependent Fire Distdct - Ochopee (Category B) Level of Service Standard: .00057 apparatus and station/capita Unit Cost: $116,537/unit Available Inventory 9~30~99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Units 4 1.5 0 2.5 Value/Cost $ 466,148 174,805 0 291,342 Existing Revenue Sources: A. Planned CIE FY99-03 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: No action is required by the BCC at this time. 51 AGEN JAN g 5 2000 ~g. -5'7' _._- 52 Z o o o o o o o o 0 JAN ~ ,5 ~OOO 1999 AUIR FACILITY SUMMARY FORM Facility Type: Dependent Fire District - Isle of Capd (Category B) Level of Service Standard: .00097 apparatus and station/capita Unit Cost: $612,560/unit Available Inventory 9/30/99: Required Inventory 9/30/04: Planned CIE FY 00-04 5-year Surplus or (Deficit): Units 2 2.6 0 (0.6) Value/Cost $1,225,12O 1,592,656 0 (367,536) Existin,q Revenue Sources: A. Planned CIE FY 00-04 None Required Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: No action is required by the BCC at this time. 53 AGEN JAN 2 5 2000 54 o o o No._ G~' . JAN S 5 ZOO0 APPENDIX CAPITAL PROJECTS STATUS REPORT "EXECUTIVE SUMMARY" END OF FY 99 Prepared by Pubic Works Engineering Department CAPITAL PROJECTS STATUS REPORT December 1999 EXECUTIVE SUMMARY The Public Works Engineering Department is pleased to submit this annual edition of the Capital Projects Status Report (CPSR). This edition documents the progress of the Capital Improvement Element (CIE) projects through Fiscal Year 2000. The following CIE projects were completed since the previous annual report which was distributed in December 1998: CIE # 702, Eagle Lakes Park CIE # 708, Golden Gate Aquatic Center CIE # 716, Athletic Field Development CIE # 828, North Regional Wellfield CIE # 859, North County Regional Water Treatment Plant Expansion Overall status is as follows: Total number of CIE construction projects completed this fiscal year: Total number of CIE projects currently under construction this fiscal year: Total number of CIE projects to commence construction this fiscal year: Total number of CIE projects currently in the pre-construction phase: 5 4 19 46 Questions or comments can be referred to me at 774-8872 or the appropriate member of the PWED project management staff. Jeff Bibby, P.E., Director Public Works Engineering Department ROAD SERIES SERIES 000 56 JAN 2 5 2000 This section includes the Transportation Capital Improvement Element (CIE) projects of the Growth Management Plan. No road projects were completed since the last annual report. However, specific intersection improvements were completed under CIE #069, Intersection Improvements: Two road projects are currently under construction. CIE # 008, Immokalee Road, CR 846 (1-75 to CR 951) CIE # 053, Livingston Road (Radio Rd to Golden Gate Parkway) Four road projects are scheduled to commence construction in 2000: CIE # 021, CIE # 041, CIE # 055, CIE # 062, Livingston Road MSTU (Immokalee Road to Imperial St.) Pine Ridge Road, CR 896 (Airport Rd to Logan Blvd.) Airport Road, CR 31 (Pine Ridge Rd to Vanderbilt Beach Rd) Golden Gate Boulevard (CR 951 to Wilson Blvd.) The following road projects are in the pre-construction phase: CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # CIE # # 001, # 016, # 022, # 025, # 027. # 028 # 032. # 033. # 034. # 037 # 040 # 042 044 11 lth Avenue, CR 846 (Vanderbilt Drive to US 41) Radio Road, CR 856 (Santa Barbara Blvd. to Davis Blvd.) Logan Boulevard Vanderbilt Drive, CR 901 (11 lth Avenue to Bonita Beach Rd) Major Reconstruction (County-wide) Traffic Signals (County-wide) Santa Barbara Boulevard (Davis Blvd. to Rattlesnake-Hammock Rd) County Barn Road (Davis Blvd. to Rattlesnake-Hammock Rd) Advanced Right of Way Acquisition (benefits multiple road CIE projects) CR 951 (Golden Gate Blvd. to Immokalee Rd) Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) Vanderbilt Beach Road, CR 862 (west of US 41) Grade Separation at Pine Ridge Road and US 41 052, Livingston Road (Golden Gate Parkway to Pine Ridge Rd) 056, Santa Barbara Boulevard (Radio Rd to Golden Gate Parkway) 057, Livingston Road (Vanderbilt Beach Rd to Immokalee Rd) 058, Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd) 059, North 11'h Street (Immokalee) (Roberts Ave to SR 29) 060, 061, 063, 064, 065, 066, 067, Environmental Mitigation (benefits multiple road CIE projects) CR 951 (Davis Blvd. to Golden Gate Pkwy) Vanderbilt Beach Road, CR 862 (Airport Rd to 1-75) 11 lth Avenue, CR 846 (Gulfshore Dr. to Vanderbilt Dr.) Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) Lake Trafford Road (west of SR 29) North 1st Street (Main St. to New Market Rd) ROAD SERIES SERIES 000 (Continued) 57 CIE # 068, Old US 41, CR 887 (US 41 to Lee County line) CIE # 069, Intersection Improvements (County-wide) CIE # 071, US 41 (Lee County Line to Wiggins Pass Road) CIE # 072, Immokalee Road (CR 951 to CR 858) DRAINAGE SERIES SERIES 200 58 JAN 2 5 ;~000 This section includes the Drainage (Stormwater) Capital Improvement Element (CIE) Growth Management Plan. No drainage projects were completed since the last annual report. No drainage projects are currently under construction. No drainage project is scheduled to commence construction in 2000. The following drainage projects are in the pre-construction phase: CIE # 291, District No. 6 (Lely) CIE # 292, Gordon River Extension CIE # 294, Main Golden Gate System CIE # 296, Faka-Union Basin CIE # 297, Southern Coastal Basin (US41 Outfall Swales / Belle Meade Basin) CIE # 298, Barron River Basin projects of the GOVERNMENT BUILDING SERIES SERIES 300-600 This section includes the Government Building Capital Improvement Element (CIE) projects of the Growth Management Plan. We are submitting this on behalf of Facilities Management. "-'-'-'~ffff-~?~l 59 JAN 2 5 2000 No building projects were completed since the last annual report: No building projects are currently under construction. One building project is scheduled to commence construction in 2000: CIE # 508, North Regional Library The following building projects are in the pre-construction phase: CIE # 400/401, Jail Expansions On hold pending the development of a financially feasible plan to implement the findings in the Update of the Integrative Corrections Strategic Development Plan. CIE # 608, Collier County Maintenance Facility On hold pending decision on location. Note that all Government Building Projects have been transferred from PWED (formerly OCPM) to the Support Services Division, Facilities Management Department. 60 6 PARK SERIES SERIES 700 This section includes the Parks and Recreation Capital Improvement Element (CIE) projects of the Growth Management Plan. We are submitting this on behalf of the Parks and Recreation Department. Three park projects were completed since the last annual report: CIE # 702, Eagle Lakes Park CIE # 708, Golden Gate Aquatic Center (Fitness Center) CIE # 716, Athletic Field Development No park projects are currently under construction: Twelve park project are scheduled to commence construction in 2000: CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE CIE # 701, Countywide Bikeway Improvements # 710, Bayview Park Improvements (Boat Ramp and Sea Wall Improvements completed) # 712, Max Hasse Park (Community Center) # 717, Tigertail Park (Concession Stand and Deck) # 719, Clam Pass Park (Boardwalk Renovation) # 720 Golden Gate Community Center (Land Purchase) # 723 East Naples Community Park (Shelter and Skate Park Improvement) # 724, Sugden Regional Park (Pathways, Boardwalk, Restrooms) # 728, lmmokalee Community Park Soccer Field #2 Lights # 732, Eagle Lakes Park (Soccer Filed #2 Lighting) # 733, Corkscrew Elementary and Middle Fields (new) Conner Park (formerly Bluebill) Two park projects are in the pre-construction phase. CIE # 707 North Naples Regional Park CIE (new) Golden Gate Canal Pathway (Bike Path) Note that all Parks and Recreation Projects have been transferred from PWED (formerly OCPM) to the Public Services Division, Parks and Recreation Department as of October 1, 1998. WATER UTILITIES SERIES SERIES 800 61 AGEIng! No. '6 It't'J/ JAN 5 ZOO0 This section includes the Water Utilities Capital Improvement Element (CIE) projects Management Plan. Two water utility projects were completed since the last annual report. CIE # 828, North Regional Wellfieid CIE # 859, NCRWTP Expansion One water utility project is currently under construction: CIE # 860, Aquifer Storage and Recovery One water utilities project is scheduled to commence construction in 2000. CIE # 837, Livingston Road MSTU 16" Water Main One water utilities project is in the pre-construction phase. CIE # 865, SCRWTP Expansion of the Growth 62 AGEN~ NO. JAN 2 5 2000 8 WASTE WATER UTILITIES SERIES SERIES 900 This section includes the Waste Water Utilities Capital Improvement Element (CIE) projects of the Growth Management Plan. No waste water projects were completed since the last annual report. One waste water projects is currently under construction: CIE # 924, Master Pump Station 1.02 One waste water project is scheduled to commence construction in 2000: CIE # 937, NCRWWTF Expansion The following Waste Water utilities projects are in the pre-construction phase: CIE # 916, SCRWWTF Expansion CIE # 922, Waste Water Telemetry CIE # 925, Master Pump Station 1.04 63 JAN 5 ZOO0 SOLID WASTE MANAGEMENT SERIES SERIES 1000 This section includes the Solid Waste Capital Improvement Element (CIE) Management Plan. No solid waste projects were completed since the last annual report. No solid waste projects are currently under construction. No solid waste projects are scheduled to commence construction in FY 98-99. Three solid waste projects are in the pre-construction phase: CIE # 1006, Develop New Landfill Site CIE # 1009, Landfill Site Evaluation CIE # 1007, Immokalee New Cell Construction projects of the ~o~h 64 JAN g 5; 2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.720, "PANTHER ISLAND MITIGATION BANK" LOCATED IN SECTIONS 5, 6, 7, 18, & 19, TOWNSHIP 47 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH AND WEST BY UNDEVELOPED LAND ZONED AG-2 (LEE COUNTY), AND ON THE SOUTH AND EAST BY VACANT LAND ZONED A-MHO (CORKSCREW SWAMP SANCTUARY). OBJECTIVE: To issue an excavation permit to "Southwest Florida Wetlands Joint Venture" for the project known as "Panther Island Mitigation Bank" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The purpose of mitigation banking is to create large contiguous tracts of ecologically viable preserved, restored, and enhanced land permanently removed from the possibility of development. Mitigation credits resulting from the creation of the mitigation bank are purchased by developments that have isolated wetlands in economically desirable areas in remm for the ability to develop within those wetlands. When all the available mitigation credits (in this case 934.67 credits for the 2778 acres) are sold, the mitigation bank is legally put into permanent preservation and perpetual management. The Petitioner proposes to create wetlands with a surface area of 462.2 acres (+/-) to a depth of 1 foot, 3 in.(+/-) average (max depth 2.5 ft). The resultant 850,000 (+/-) Cubic Yards (C.Y.) of fill must be removed from the site. Because the "Excavation" is over the 500,000 C.Y. criteria, Environmental Advisory Council (EAC) review was required. The duration of the excavation will be about 5 years. The EAC did not have a quorum, but chose to hear the item because of the presence of members of the public from Lee County. Although no vote was taken due to lack of a quorum, since the EAC did hear substantial testimony, the County Attorney opined that the petition should go forward to the BCC rather than being continued until a quorum was available to hear the petition. A copy of the EAC minutes is attached for BCC review per the request of the EAC. Lee County Department of Community Development is aware of the issues and has forwarded their stipulations, which have been incorporated. A copy of their letter is attached. They have been informed of the time and place of this meeting. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $3464 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $2614.00 $3464.00 TOTAL FEES ~A ITEM JAN 2 5 2000 A security in the amount of $212,500 must be posted prior to permit issuance. Road impact fees are not collectible because travel distance within Collier County used for the calculation is zero, but would have been $29,410.44 for 850,000 C.Y. (53,000 truckloads) hauled an average distance of 10 miles over a period of 5 years. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.720 to Southwest Florida Wetlands Joint Venture" for the project known as" Panther Island Mitigation Bank" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 2.5 feet below grade. Access to site is through Lee County. No material will be removed from the site through Collier County without prior approval of the Collier County BCC. 3. Dewatering is not allowed. 4. No blasting will be permitted. Vegetation removal permits in accordance with 3.9.5.2.9 CCLDC shall be obtained from Current Planning Environmental Staff for those phases of the project requiring the removal of protected vegetation. The petitioner will obtain all necessary Local, State, and Federal permits prior to starting any excavation. Additional Stipulations requested by Lee County: All dump-truck traffic exiting the project will operate between the hours of 7:00AM and 6:00PM, Monday through Friday only. There will be no truck traffic on Saturday or Sunday. All truck traffic shall be suspended during the time that school buses load in the morning and unload in the afternoon. The applicant shall be responsible for the maintenance, including but not limited to grading and watering, of Carter Road and Six L's Road during the period of time when those roads are being utilized for the removal of excess fill material. Once the fill-removal activities have been completed and the use of the road for that activity is no longer needed, then the applicant shall have no responsibility for the maintenance of the roads. AGENDA ITEM..,, JAN 2 5 2000 The applicant shall be responsible for the installation of intersection improvements consisting of the installation of an asphalt transition strip between the existing edge of Corkscrew Road and the existing dirt roads. These are the only intersection improvements that have been requested by Lee County. PREPARED BY: SENIOR ENGINEER DATE REVIEWED BY; THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ///z/m DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED~B~Y: / VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.720 EX SUMMARY/SC/H/EAC Exec. Suture. DATE AGENI3A ITEM JAN 2 5 2000 ={3 S.R. 29 COUNTY COt. LJER COUNTY $ J, i~ 2 ~ 2000 iLEE COUNTY SOUTHWEST FLORID.& BOARD OF COUNTY COMMISSIONERS Writer's Direct Dial Number: Jonn E. Manning District One November 30, 1999 Dougtas R St. Cemy DistzTct Two Ray Juciah D/strict Three Andrew W Coy D/strict Four Jonn E Albion Disrnct Five Mr. Fred Reisch Collier County Planning 2800 North Horseshoe Dr. Naples, FL 34104 Re: Panther Island Mitigation Bank Commercial Excavation Permit No59.720 Donald D Stilwetl Ccun,~. Manager James G Yaeger County Attorney Diana M. Parker County Heanng Dear Mr. Reisch: Thank you very much for forwarding a copy of the staff report for the above project. We have reviewed the report and do have some concerns with the applicant's request. As you know, the primary impacts of the project will be upon Lee County. We are concerned that the intensity of the commercial use is not compatible with the surrounding Iow density residential area, and that the number of heavy dump truck trips will adversely affect the neighborhood, since the only access is through Lee County, from Six L's and Carter Road, onto Corkscrew Road. We would suggest adding some conditions that address mitigation of the project impacts, similar to those that we typically require on excavations in Lee County. For example, we would suggest adding a condition that limits hours of operation of the activity to minimize traffic disruption early in the morning. Weekend activity should be limited or prohibited. Also, truck traffic should not be allowed when school buses load and unload. Both Carter and Six L's roads are maintained by the residents. The applicant should also be required to maintain a proportionate share of these roads and be responsible for fixing any damage caused by the truck traffic. Finally, the roads should periodically be watered to avoid impacts from excessive dust. Lee County's Department of Transportation is concerned that the truck traffic on both Six L's and Carter Road will necessitate improvements to both intersections. We would suggest adding a condition that appropriate intersection improvements be provided pdor to commencement of the operation. We will contact the applicant to advise him of our position. Thank you for the opportunity to comment. Sincerely, Mary Gibbs,~lCP Director {~) Recycam Par~' Timothy Jones, Assistant County Attorney Dave Loveland, Department of Transportafion Comer Taylor, Department of Transportation Rick Joyce, Deputy Director, Planning S ~DCD',GI BBS MX~991trsVe~ch wDd P.O. Box 398, Fort Myers, Florida 33902-0398 (941) 335-2111 Inlen~ addre~ htlp:l/www, lee-county.cem AN EQUAl. OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER JAN 2 5 2000 ~ERMIT NO. CAT--"~-3Ry: COLLIER COUNTY APPLICATION FOR EXCAVATION pERMIT 59. PRIVATE COMMERCIAL DEVELOPMENT ORDINANCE NO, 92-73 NONREFUNDABLE APPLICATION FEE: PRIVATE ($85) COMMERCIAL ($850) X DEVELOPMENT ($125) RECEIPT NO. PERMIT FEE RECEIPT NO. 3. 4. 5. 6. Name of Property Owner.* Ban'on Collier Companies (Contact: Lee Treadwell) (Indicate exactly as Recorded) Address of Property Owner:. 2600 Golden Gate Parkway, Naples, Florida 34105 Phone Number of Owner: (941) 262-2600 Name of Excavator. To Be Determined Address of Excavator: To Be Determined Location of Excavation: Sections 5,6,7,18; part of 19, Township 4..7 South, Range 27 East, Collier Co. Legal Description: Panther Island Mitigation Bank Any Right-of-Way Easements Across Land Which Would be Affected (Public or Private) Yes X No . If yes, show on survey. Purpose of Excavation: Wetland enhancement, reconstruction for miti,qation bank Intended Use of Material to be Excavated Off-Site Fill 11%roposed Excavation Size: &urface Area: 462.2 Acres; 12. Depth: 0.5 - 2.5 (typical) Feet; Quantity: . ..849,265 C.Y. The following information is to be submitted with application: (a) Attachment "A" prepared by a surveyor or engineer registered in the State of Flodda showing all information required in Section 3.5.6 of the Ordinance. (b) Attachment "B" - List of names and addresses of nearby property owners as required by Section 3.5.6.1.3.4 of the Ordinance, for commercial applications. (c) Attachment "C" - Evidence provided by applicant relating to Section 3.5.5.4.5 of the Ordinance. I have read Ordinance No. 92-73, Division 3.5 and agree to conduct the excavation in accordan~ith the Or~nance/a~nd all County and State Codes Signatur6o,~:~,.,,.yf ~,~,~",~ ~/A~ent**/E~c.~vatc,''* NOTARIZED APPROVAL ATTACHED *a) If owner is land trust, so indicate and na~ne beneficiaries. b) If owner is corporation other than public corporation, so indicate and name ofr~=e~s and major stockheidem. c) If owner is partnership, limited partnership or o{her business entity, so indicate and name principals. ** If the application is made by any person ~ firm o~her than the owner of the propa~ involved, a writtefl and notarized approval from the propert3f owner shall be submilted prio~ to processing of the application. Revised 12/8/92 JAN 2-5 2000 January 5, 2000 PARTIAL TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 5, 2000 LET IT BE REMEMBERED, that the Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in W. Harmon Turner Building of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: William W. Hill Ed Carlson Michael G. Coe M. Keen Cornell Thomas W. Sansbury J. Richard Smith NOT PRESENT: John DiNunzio James L. McVey Stan Chrzanowski, Senior Engineer Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist, Development Services Marni Scuderi, Assistant County Attorney Ron Nino, Current Planning Manager Page 1 AGENDA ITEM JAN Z 5 2000 January 5, 2000 CHAIRMAN HILL: I'd like to move on then to Item No. 4 in the agenda and consider Item 4-A, the commercial evacuation permit for Panther Island Mitigation Bank, No. 59.72. MR. CARLSON: Mr. Chairman? MR. SANSBURY: I have to recuse -- MR. CARLSON: I have to, too. Do we still have a quorum? Mr. Chairman, I have to abstain from this particular item. MR. SANSBURY: As do I. CHAIRMAN HILL: Both of you do. Now we do not have a quorum. MS. BURGESON: We're going to have to continue it. CHAIRMAN HILL: We do not have a quorum to consider Item 4-A. We could not take an action on this. MR. SANSBURY: Can we refer to the county attorney for just a second on that? CHAIRMAN HILL: Yeah. MR. SANSBURY: The ownership of the -- is there anyone here that can discuss the ownership of Panther Island? I know that Barron Collier Company's a part of a group that owns the land at Panther Island. I don't know if -- if what we're talking about here is, I mean, really a direct benefit to Barron Collier Companies. CHAIRMAN HILL: The question is relevant concerning Mr. Sansbury's abstention. MR. DURHAM: For the record, my name is Tim Durham. I'm with Wilson-Miller, representing Panther Island Mitigation Bank. And I apologize, Mr. Sansbury, I wasn't able to hear your comment when you made it. MR. SANSBURY: I know the Barron Collier Companies has some of the ownership of Panther Island. I -- MR. DURHAM: Yes. MR. SANSBURY: -- don't know to what degree or how -- what we're talking about today, as far as having to recuse myself from this discussion. MR. DURHAM: Yes, the Panther Island Mitigation Bank has permitted and set up Barron Collier Companies are a partial owner in the project and would receive profits from the sale of credits. MR. SANSBURY: I don't know what else to do, sir. CHAIRMAN HILL: The Chair will have to accept the recusing from discussion and action of two gentlemen on the council. We do not have a quorum then to take action. I need advice. Should we eliminate discussion and presentation at that point? MR. SANSBURY: Could we table it to see if anybody else is going to show up? MS. BURGESON: If you wish, you could continue it to the end of the meeting or until -- I don't know if Mr. DiNunzio will be arriving late. We have not heard from him. The other option is to continue it to the next meeting. MR. DURHAM: If I may, Mr. DiNunzio would also have a conflict. His wife works for Barron Collier families in some capacity. MR. SANSBURY: Who else are we missing? AGENDA~TEM JAN 2 5 2000 Page 2 January 5, 2000 CHAIRMAN HILL: McVey. The situation is this then: We have a council of -- for public's information, a council of eight members at this time. One definitely will not be here, which drops us to seven. Three -- in fact, if Mr. DiNunzio did come to the meeting, we would still have three people that would have to recuse themselves from discussion. Therefore, at this point we would not have a quorum at any time during the day -- MR. CHRZANOWSKI: Excuse me, Mr. Hill? We have a suggestion from the Planning Department that you can hear it and just forward it to the BCC with -- CHAIRMAN HILL: With no recommendation? MR. CHRZANOWSKI: -- no recommendation. MR. NINO: Without a recommendation. MR. CHRZANOWSKI: But you may ask the attorney. I'm not a lawyer. MR. NINO: Your problem is you've got three people out of eight with a conflict, and I don't know if legally if you can hold up a petition until that bright morning when five people decide to show up. On the other hand, I believe you can hear the petition and it can be forwarded to the board without a recommendation, in view of your inability to have a quorum. MR. COE: I see no reason to hear it if we can't vote on it. It's a waste of their time, as -- CHAIRMAN HILL: Well, let me ask the council's opinion on the matter. MR. SMITH: Are we expecting to have a new board member -- or council member appointed here sometime fairly soon? MR. SANSBURY: We don't know. MR. NINO: Do you have any information on that? MS. BURGESON: I do not know whether it's been advertised or not. When Mr. Mulhere arrives later in the meeting, he can let you know, I believe. Or we can check with Sue Filson. She should have been notified when Dr. Jackson resigned, and it should have been advertised right away. Although I'm not aware that it has been. MR. SMITH: My suggestion is that we wait until that process. It's an important project, very, very important project, and I think it's very important for -- especially environmentally for it to be reviewed. MS. BURGESON: We can check with Mr. McVey to make sure that he'll be at the next meeting, and we can call and poll all of the EAC members to make sure that we will have a quorum for that meeting. MR. CARLSON: What's our attorney's name? Sorry. MS. SCUDERI: That's okay. MR. CARLSON: Just to leave no stone unturned here, the reason I feel that I must recuse is that we are talking with the mitigation bank, although nothing has been decided yet, about potential future management of the site, which would come with a management endowment for perpetual management. So I would assume that would necessitate my abstention. MS. SCUDERI: Right. It says -- the statute states -- Page 3 JAN 2 5 2000 January 5, 2000 Scuderi from the County Attorney's Office. The statute states that you shall not vote in an official capacity if this would enure to your private gain or loss, or to the private gain or loss of any principal by whom he or she is retained, or to the parent organization or subsidiary of the corporate principal by which he is retained. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: I think this is an important thing that -- I mean, I see no reason why we can't hear the presentation and go on record with the board of directors -- I mean, with the County Commission, excuse me -- that -- you know, that we could not take a position on it because of conflict. So these guys might be hanging out there forever, and this is something that needs -- a project that needs to get rolling. It's critical in the county. CHAIRMAN HILL: I'm in agreement with Mr. Sansbury's comments. MR. CORNELL: I have no problem with that. CHAIRMAN HILL: We will proceed then with the presentation of the mitigation bank. MR. CHRZANOWSKI: Good morning. Stan Chrzanowski with development services. The reason you're hearing the project is this project is not going before the Collier County Planning Commission. It's not a conditional use. It's a commercial excavation. Commercial -- while excavations in Collier County are defined as the removal of more than three feet of fill from an area permanently, or removal of less than three feet of fill from an area greater than 10,000 square feet, which is about a quarter acre, this project will remove an average of about one feet and three inches of fill from an area of about 460 acres, which will generate about 850,000 cubic yards of fill, which will have to be removed from the site, which makes it a commercial excavation. The excavation will vary naturally, because they're going -- it's a -- you' re -- technically you' re not hearing the fact that it's a mitigation bank, you're hearing the fact that it's a commercial excavation. But the issues here presented -- I assume a lot of the people present are people that I've talked to from the Carter Road area and that Six L's area, I would assume that are most of the people here. And they have a concern about the traffic leaving the site. 850,000 cubic yards is going to generate at 16 cubic y.ards a truck, maybe 55,000 trucks. And depending on what time span they do that over, when you divide that down into trucks per hour, if they do it very quickly, it's a lot of trucks per hour. If you look at staff report, you'll see under the other section, there -- under recommendations, we have water management, we have environmental and then we have other. The other stipulations were given to us by the Lee County Department of Transportation, who has reviewed this project. The engineering aspects of removing that little amount of -- well, it's a large amount of fill but a very small area. It's going to create a greater amount of water retention in the area and they're going to take what is now a farm field and turn it into a wet land, AGENDA ITEM JAN 2 5 2000 Page 4 January 5, 2000 From an engineering point of view, we have no problem with that. The petitioner is here, Tim Durham, if he wants to make any presentation. I tried getting this map here, which is an overall map of the area. I'm not very good at that. This is the 2,700 and something acre project. Up in the north area, which is -- this is the Lee County line. If you look up here, you'll see the Corkscrew Swamp Sanctuary in this area. This is three sections across. Two of those sections are in Panther Island. And this is about four sections down. Two and a half of those sections are in Panther Island, right abutting Corkscrew Swamp Sanctuary, right abutting the Lee County line. All the digging is going to be done in this area and taken out. Carter Road, which goes up in that direction into Lee County. I've tried on the visualizer -- there we go. I've tried to get this map to sit well, but it -- I'm getting glare from the lights up here. If you look in this area here, I'll point out the mitigation bank area. And you can see the Corkscrew Swamp. The mitigation bank area is right in here. And the Corkscrew Swamp, you can see the slough that runs up through this area and all the way up into Lee County. That's Ed Carlson's area. That's about my presentation. If you have any questions about the engineering aspects, I'll be glad to answer them. Like I said, the petitioner is here to address his portion. CHAIRMAN HILL: Questions for staff? MR. COE: What's the length of Carter Road there as it goes up to Corkscrew? MR. CHRZANOWSKI: I think it's two miles until you get to Corkscrew. MR. COP=NELL: I have a -- let me ask you one question. As I understand this, this is going to be a private activity, almost like a commercial activity. Is that the idea of the -- MR. CHRZANOWSKI: My understanding of mitigation banks, and I'm only an engineer, is that occasionally a project being developed close to an area that might be environmentally sensitive wants to take out an area that some environmental agency thinks should not be taken out. And they can mitigate an area in another place -- MR. CORNELL: Yes. MR. CHRZANOWSKI: -- to take that out. And this is a private enterprise that's going to sell mitigation credits -- MR. CARLSON: Right. MR. CHRZANOWSKI: -- to do that. Most of the area, if you look at that area on that aerial photo, you'll see that area is fairly undeveloped. I mean, there's some farms around it. But the area is -- a lot of it's fairly pristine. It's right near Corkscrew Swamp. The few areas that were farmed are going to be restored to a wetland type condition. Actually, the neighbors should appreciate it in about 10 to 20 years, it's just the interim that might be a problem. MR. CORNELL: Is this in the NRPA, as far as we know what the ACtA ~I~A~ Page 5 JAN 2 5 2000 .g. // January 5, 2000 NRPA is up there? MR. CHRZANOWSKI: I believe it is. That's why it's not going in front of the CCPC. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: If I could comment for a minute on wetland banking and not on the merits of this particular thing. I had the opportunity in 1988 to 1992 to serve on the State of Florida Environmental Regulations Commission and chaired it for the last two years. During that last two-year period -- that's the commission essentially appointed by the Governor that sets the environmental rules for the State of Florida, then the DER and all the South Florida Management districts. The environmental community and the regulatory community came to the commission in 1990 and said that, you know, there is -- in our permitting rules, the requirements to preserve isolated wetlands areas really didn't leave a lot of leeway in whether those areas were functional; and secondly, did not have a method of maintaining and managing those particular areas, and came up with a suggestion of setting up a workshop committee to study mitigation, wetland mitigation banking, that had been done in other states and parts of the country. I served on this committee for two years. Following that period of time, legislation was passed to set up the ability to mitigate wetland areas. What it does is, I mean, we have thousands and thousands of acres in the State of Florida. And as Mr. Carlson knows, the CARL purchases -- Palm Beach County, I'm aware of, we spent 100,000 -- 100 million dollars was spent to purchase environmentally sensitive land. But it has no ability to manage that land, no ability to restore hydro periods, no ability to take care of exotics, nothing of that sort. The land sits there, people go out and dump trash on it. You have these small wetlands within other communities that are questionable as to how they function. Nobody maintains them. You don't have the same hydro period. What this allows is it allows a permanent conservation easement to be placed on this land and two requirements to -- a requirement that number one, it be set back up in its natural state. Mr. Carlson probably knows a lot more about this than I do from a standpoint of hydro period to have the exotics removed, everything of that sort taken out. And secondly, to be maintained. To have ingress, egress, limited, people -- you secure it in some manner so people don't go out there and dump trash all over it and set fires and run their buggies all over the place. And it really is the ability, I think, to maintain permanently wetlands habitat that's functional. Mr. Carlson, I don't know if you can comment, but it's Mr. Carlson's type of group that's going to be managing these type of facilities. So I believe that this is a very, very important type of thing in our whole ecosystem, to establish these banks, to do things that government really can't do. Because AGENDA ITEJ~ Page 6 JAN 2 5 2000 pg. January 5, 2000 government really cannot afford to maintain these areas, and as we've seen in a lot of our purchases. So from the standpoint of mitigating -- mitigation banking, I think it's a very positive, positive thing. MR. CHRZANOWSKI: And don't lose sight of the fact that the only reason this petition is up in front of the EAC is because they are hauling the material off site. If there was no digging going on, no hauling off-site, you wouldn't see the mitigation bank petition. MR. SMITH: Mr. Chairman, I have a question. CHAIRMAN HILL: Mr. Smith. MR. SMITH: I thoroughly agree. I mean, I spent the time actually and reviewed this project very, very carefully, to the best of my ability, and I find it extremely interesting, if nothing else, and it's obviously a very well thought out and decent, good project. We're faced with some interesting questions, I think, however, because we're talking about a commercial endeavor as part of an attempt to restore some natural habitat and some wetlands. And in that process, I'm wondering, are we violating the final order of June 22nd, 19997 Because that, as I understand it, will not permit any kind of commercial. MR. REISCHL: Fred Reischl, planning services. The final order has a list of prohibited uses. This was a use that was in the code prior to June 22nd, '99, and is not on the list of prohibited uses -- MR. SMITH: Well, I'm looking at the list. MR. REISCHL: -o as a conservation use. MR. SMITH: Okay. I think it was on Page 13 of the final order, Paragraph No. 5. Uses are permitted, except the following uses are prohibited and shall not be allowed: Commercial or industrial development. MR. REISCHL: Yeah, but earth mining is a permitted -- one of the few uses that is still permitted in rural agriculture. This was deemed not to be earth mining by the planning services director. It was deemed to be a conservation use, which is also a permitted use in the rural agricultural district. MR. SMITH: Well, I only wanted to point it out, because we may be setting a precedent for the other way. If ever there's a developer that wants to raise the issue as to whether or not we can bypass the final order, I think that developer would have every right to say the precedent's been set. MR. REISCHL: Well, I think that a developer could bring it up to the planning services director. The planning services director made this decision based on the fact that the basic intent of this is a conservation intent, not a -- there is going to be money made, but it is -- the overall intent is conservation of the land. And that's how the director made his -- In other words, the -- -- decision. It could be just appealed to the MR. SMITH: MR. REISCHL: board. MR. SMITH: -- ends justify the means. Page 7 AGENDA ITEM JAN 2 5 2000 January 5, 2000 But the other thing that I'm concerned with is there's -- in this package, it seems to be that there's going to be absolutely no access by people once these lands are restored. There's nothing in the plans that I saw that made -- that is geared toward making this area, which can be and hopefully will be an absolutely gorgeous beautiful natural area at some point in the future accessible to people and used by people as opposed to here with every indication that everybody's going to be kept out of this. And that concerns me. I think people should be made part of this equation. MR. CARLSON: I am recused, but passive recreational uses for the site are yet to be determined. And that could be very low or could be very high, depending on future programming. MR. SMITH: Well, I noticed, for example, if I go to Mr. Carlson's facility, it costs me what, $7 now, $147 That's prohibitive to a lot of people to enjoy nature. MR. CARLSON: Well, that's your opinion. But we are a private nonprofit group, and we receive no tax support from any taxing agency at all, so we have to completely -- we depend upon our income for all of our land management and all the good things we do for Collier County in protecting the watershed for you. CHAIRMAN HILL: I have several questions. I know they're outside probably the purview of the commercial excavation, but I'm a little concerned, and I'll go these in reverse order, because one question which has just been raised about the maintenance. If we never have a mitigation situation and no purchase is asked for out of this bank, do we require or have any measure of surety through a bond or whatever that that area is going to be maintained? That concerns me greatly. MR. SMITH: There is a bond, Mr. Chairman. CHAIRMAN HILL: Okay. I missed that in the documents. Is it sufficient -- MR. SMITH: I reviewed it. To my way of thinking, it is. CHAIRMAN HILL: Okay. Another question on -- in Section C on the application, Paragraph No. 2 asks for the names of all wetlands impacted, and the answer is unnamed wetlands north of Corkscrew Swamp/Gordon Swamp. If staff or petitioner could address that, I'd feel more comfortable with that. The burning plan. It was difficult to follow all of that. But to me as a resident, nearby resident, the burning plan would be of great concern to me. That bothered me in the whole process. The other thing that worried me is that the service area is two-county. And once this -- if it is implemented, what's the process of mitigation in determining how this point system works? Are there priorities set between the two counties, or is function of wetlands considered in the mitigation process? This is something that has to be answered, I think, ahead of time. Is it one to one, two to one, half to one on the mitigation process? Now, I know, before I'm chastised here, that this is not particularly an excavation -- a commercial excavation question. But ~these things bother me. And I'd kind of like to hear some ~nswe~s to AGENDA ITEM JAN Page 8 January 5, 2000 them before we proceed. Are there other questions? Can I call on the petitioner? MR. CHRZANOWSKI: Right, I was going to suggest -- CHAIRMAN HILL: Fine. As Mr. Durham approaches the stand, if there's anybody in the public that has -- that would like to speak and has not taken advantage of the sheets to sign up, to take this opportunity to do so. Mr. Durham? I guess the petitioner should be sworn in also. Let me ask then if the petitioner and those wishing to speak from the public on this matter, if you would stand to be sworn in, please. (All speakers were duly sworn. ) MR. DURHAM: Again, for the record, my name is Tim Durham. I'm with Wilson-Miller. Served as the engineer of record for this project, and also directed a substantial portion of the environmental field work and permitting effort on the site. Interesting list of questions that kind of helped shape what I'm going to talk about today. And I'll try to touch on all the things. A few things I did want to cover first. Panther Island Mitigation Bank is a private entrepreneurial wetlands bank, the purpose of which is to take existing lands to make improvements, alterations to it, and provide perpetual management to it so as to raise the wetland functions on the site. That increase in wetlands function has a unit assigned to it which can be sold. The bank is fully permitted through the U.S. Army Corps of Engineers, South Florida Water Management District. We went through a 21-month permit process, which was a rather unique process. All negotiations and discussions with the regulatory agencies occurred simultaneously, meaning every discussion that was held had to involve all the agencies. And a quick rundown of that: U.S. Army Corps of Engineers, EPA, U.S. Fish and Wildlife Service -- at the time Florida Game and Fresh Water Fish Commission, Natural Resource Conservation Service. I hate to slight any agency, but there's a lot of them. Met the 21-month process, arrived at the end with permits issued by the state and the federal government to operate the mitigation bank. By way of just information, this is the state document, which controls the construction and operation of the mitigation bank. It's very extensive. Some of the questions I heard related to a bonding. The way the bank is set up, it's constructed in phases. There are very strict requirements before the project starts. There must be construction bonds put into place. Where credits are sold, there also have to be bonds set up to pay for the perpetual management of that phase of the project. And again, I go through infinite level of detail on this. But suffice it to say, at this point the bonding requirements are very, very strict. That should be taken care of. One thing to understand about mitigation banks, are projects that come used in the mitigation bank must first satisfy requirements that demonstrate their project as unavoidable and minimize wetlan¢,,~~ AGENDA ITF..~ JAN 2 5 2000 Page 9 January 5, 2000 And only then can they come to the mitigation bank. This is not a wholesale trade of wetlands for other wetlands in other places, it's just part of the process. I have on my left an aerial of the project site. I can't tell from your position if the glare is manageable. Can you see it well enough? Again, Mr. Chrzanowski gave a good introduction to it. Let me just run through a couple of physical characteristics of the site. The ag. field that you hear mentioned show up as a lighter color at the north end of the site. The site is 2,778 acres, comprised again of those ag. fields to the north. The area in here that you see is primarily hydric pine flatwoods, meaning pine canopy, wetland vegetation primarily in those areas. They function primarily as a wetland. There's a major cypress slough system here and here, some cypress here and some pine down here. The main -- the mitigation bank's going to do several things: One is reintroduce fire to the hydric pine flatwoods. If you go out on the site today, you can look at this property here, which is Corkscrew Swamp Sanctuary, where they have had an active burn program in for, gosh, 40 years. And when you go on this property, you get out here and you see pine trees widely scattered with areas of palmetto and open grasses, to put it simplistically. This same type of habitat unburned on this site is so dense you can barely walk through it. So part of the purpose of the mitigation bank was to thin out some of the overgrowth of vegetation and reintroduce a fire management pro,ram to the project. One of the other elements of the project was to restore some hydrologic functions. To the north of this site, historically, from 1940 aerials that we have, there were eight sections of land to the north of here which basically drained to this bank site, drained into this corner of the site and then brought water into here. Over time the land to the north has been converted by Corkscrew Road, different a~. operations, et cetera, to the point where today hardly any water comes in this corner. Most of it is brought through an a~ricultural ditch to the middle of the site. One of the purposes of the bank would be to take that flow that comes in the north -- it's too tall an aerial -- to the north end of the site, reroute it over to here and try and ~et some more natural flow to here. Also, the a~ricultural fields, we will be bringin~ the elevation of those do~ to match data we have that shows what the 9roundwater does naturally. A~ain, six inches to two and a half foot t~ically is what the excava -- the scrape-do~ would be of the a~ricultural fields. The idea is to create a series of cascadin9 marshes with different hydro periods. One of the main focuses there is to create a variety of marsh habitat, so at any ~iven time durin~ the nestin9 season for the wood stork there would be some good fora~in~ opportunities. The scrape-down of the a~ricultural fields is a cost to the mitigation bank. ~d yes, we are in front of you for a com~T~! JAN 2 5 2000 ~age ~0 January 5, 2000 excavation permit. That's not the term we would like to use, but that is technically what the county requirement is. It is not a very efficient operation removin9 dirt from the site. Again, a commercial operation designed to earn money di~s dirt with bi~ machinery, keeps the dirt moving; you know, it's really a dirt-movin9 enterprise. In our case, we're just tryin~ to ~et dirt lowered and removed to lower those a~. fields. It's not a very efficient operation. We do need to remove the dirt off site. It will cost us money to do those excavations, not a profit ~enerator. But on the bank site, six inches to two and a half foot, spread over almost 500 acres of agricultural field adds up. That's where we ~et to the acres we have. The bank was permitted last year. Phase I has already been constructed. Phase I consisted of the restoration of 375 acres of hydric pine flatwood in this area. The initial exotics. The exotics have been removed, weeds and ve~etation's been thinned, and fire, three different burns have happened. Several of them were conducted in conjunction with Corkscrew Swamp Sanctuary as a ~ood neighbor. So that has already occurred. Credits have been sold for Phase I. Phase II begins the operation of removin~ some of that dirt from primarily this a~ricultural field here, which would take it out Carter Road up to Corkscrew Road. I had an exhibit put to~ether which shows you Six L's Road, Carter Road and Corkscrew Road in relationship to the mitigation bank with the county line. If I could please pass that out. CHAIRMAN HILL: While you' re doin9 that, if I may, you' re sayin~ that Phase I was approved without identification of the process for Phase II? MR. DURHAM: No, sir. Panther Island Mitigation Bank, the entire bank was permitted by the state and federal a~encies for the operation of all phases. What we have done is constructed Phase I, but the whole bank is permitted. It's just bein~ constructed in phases. And each phase is a self-contained, self-sufficient unit of work out there. CHAIRMAN HILL: I don't understand the permittin9 process then that requires you to -- that took us out of the first portion of the loop and now brin~s us back in it after it was permitted. I don't understand the relationship there. MR. DURHAM: Could you clarify for me took you out of the loop? That was the part I don't understand of that statement. CHAIRMAN HILL: Well, I don't think the Environmental Council or EAB or whatever was involved in the permittin~ process for all phases which included a commercial excavation. MR. DURHAM: If I may, the State of Florida has rules set up to permit mitigation banks, and we followed that process. And that process fairly specifically says that in this case the South Florida Water Management District is the state and local entity to do it. We have had meetings with county staff to try and keep people app ~~~ 3~N 2 5 2000 Pa~e 11 January 5, 2000 this project, but it's certainly not our intention to circumvent anybody. MR. REISCHL: Fred Reischl, planning services. This is a permitted use in the rural ag. district. The only permits required so far, I believe, have been a clearing permit which is administratively approved. So there were no public hearings until the excavation permit kicked in. CHAIRMAN HILL: So your use of the term permitted bank is just a clearing permit on a portion of the property; is that -- MR. COE: When they start taking dirt off, that's why they're coming here. MR. REISCHL: Exactly. CHAIRMAN HILL: But the bank's not permitted then. MR. DURHAM: Sir, we have a permit from the State of Florida, an environmental resource permit from the State of Florida, we have a federal mitigation banking instrument document, and we have a federal Section 404 permit. So -- MR. REISCHL: There are many layers of government. The county is just one. MR. DURHAM: Right. MR. REISCHL: And ours was administrative up to this point. MR. DURHAM: It gave me a headache, too. The handout I presented is just trying to explain a little bit geographically some of the issues in front of you. Panther Island --' Mitigation Bank is -- technically it is in Collier County. We do -- we're right on the county line, as you can see from the handout. To remove the dirt from the site, there's only two options available to us: Carter Road and Six L's Road. We intend to use Carter Road for the eastern portion of the excavation of the site, and for the western portion we use Six L's Road. We had met with Collier County transportation folks months ago. We also went to Lee County, talked to them, said this is an unusual situation, we are actually working in Collier County, but we're going to be using Lee County roads. We were very upfront with them, asked them if there was anything we could do to satisfy folks in that regard. Out of those discussions, Mary Gibbs from Lee County sent a letter to Collier County suggesting certain steps be taken to protect Lee County roads. Her letter was actually the result of some discussions and offers we made to try and keep everybody comfortable with things. We modified our applications with the county to offer up publicly on record our agreement to take protective measures for the road network in Lee County. MR. CHRZANOWSKI: There was some discussion as to whether or not we should include transportation stipulations in our staff report, and it was decided that since the Collier County Planning Commission wouldn't be hearing this, that this was the best time to put it in, and the board would get a little prior notice as to what those stipulations were. And even though I keep going back to the fact that this i~ Page 12 AGF~A ITE~ JAN 2 5 2000 January 5, 2000 commercial excavation, we know that the neighbors are going to talk about it, and this is a good time to do it. MR. DURHAM: One other thing I just wanted to touch on. You had mentioned the name of the impacted wetlands. The mitigation project on the overall basis will affect Corkscrew Swamp and actually the Gordon Swamp. Particular to the reconfiguration of the agricultural fields, the only wetlands that are really involved are some remnant cypress heads that the agricultural worked around, and those are actually going to . be incorporated into the mitigation design, who I think technically is looking for the name of those wetlands, which clearly do not have a name. That's why they're called unnamed wetlands. CHAIRMAN HILL: Questions for Mr. Durham? Okay, I would like then to open this to the public for your comments and concerns. Marni, would you call off those names, please? MS. SCUDERI: I actually don't have them all. They're split between the court reporter and myself. CHAIRMAN HILL: Do you need a break right now? THE COURT REPORTER: I'm fine, thank you. I can give her the names. CHAIRMAN HILL: Or let me have them, either one. I don't care. Mr. Marsiglio? MS. COOPER: Can I talk first? CHAIRMAN HILL: Sure. MS. COOPER: I'm Cindy Cooper. CHAIRMAN HILL: Go ahead. MS. COOPER: My name is Cindy Cooper. I live on Six L's Farm Road. I have to read this, because I'm nervous. How would you like to be sitting at your kitchen table, opening your mail to find a letter from an unknown construction company vice president who tells you that dump trucks will soon be rumbling up and down your street every day, every 10 minutes for the next three years? In your mind's eye, look out your front window and down your neighborhood street and imagine what that would be like. Big, loud, dirty 40-ton dump trucks dropping sand and rocks as they roll through. This is our situation on Six L's Farm Road. However, our reality is a dirt road where the dust from traffic and effective maintenance are already a problem. I wish you could drive down our road a couple times before you make any decisions you have to make. Six L's Farm Road used to be quaint and charming, most of the drivers fairly slow and careful not to dust one another. Nowadays, though, the dust is a continual aggravation to the quality of our environment. If there is any wind from the north or the northeast, the constant kicking up of the road dust sifts through the trees, through the windows and onto our tables, floors and carpet and into our lungs. By midday often the air is so full of dust it looks like mist. If there's no wind, the road -- if there's no wind, the dirt that's kicked up, especially by the big, long farm trucks, hangs in the road like fog, sometimes forcing other pickups and cars in their wa~ t~ ..... Page 13 AGENDA I, JAN 2 5 2000 P,. /'7 January 5, 2000 turn on their lights for safety sake. Often the road develops a washboard effect due to the heavy traffic, and during the rainy season it is of course impossibly muddy and full of potholes. Now, this is the reality the Panther Island people want to invade. Their solution to the dust and maintenance problems is, quote, periodic gradin9 and watering, which Six L's Farm already does with short-lived success. Panther Island letter to us claims there will only be 15 dump trucks every day running in the five-hour time frame between the morning and afternoon school bus schedules. That really means 30 truck trips, which really means every 10 minutes a Panther Island truck will be rolling up or down Six L's, in addition to the farm and residence traffic that already exists. D~nd who's to say how many really will go in and out of there with no one of any authority to monitor them? Our little road cannot withstand that kind of usage, whether we've got dry, dusty conditions or heavy rains. I of course would prefer that Panther Island project find another access road. If the use of Six L's Farm Road is inevitable, I think they should have to pave it according to county standards so that the road can withstand the weight and volume of their trucks. Thank you. CHAIRMAN HILL: Thank you. Who else would like to speak? MR. COOPER: The other half of her. I bought the land 24 years ago, 40 acres on Six L's Farm Road. My name is William F. Cooper, excuse me. At that time there was a small road ran through my property, and then later through Wayne Kelly's property back to Six L's. Virtually no traffic on it. Six L's was a small operation at that time. It's now a big operation. We've got groves and many more tomato fields and melon fields and cucumbers and everything else. There's a lot of traffic on the road. The lightly traveled road is now a heavily traveled road. The problem with the dust and the drivers is that they're only interested in getting back to Six L's or gettin9 back to Panther Island, 9etting their load and gettin9 back. They make money by how many trips they make. They're not interested in bein9 courteous, they're not interested in being safe. And they're neither for the most part. They'll pass you on the road. And I was pretty nearly run off the road just the other day. I had to follow two trucks on down the Six L's and have a talk with them after they passed me. It wasn't a very pleasant talk either. But we don't have any choice. When we call the county -- here's our problem. We call the county and say, "Can you do anything about this? There's no regulations out there." County says, "It's your road, it's on your property, it's a private road, it's not deeded, and there's nothin9 we can do, you have to do it yourself." But they give us no tools to do it with. Page 14 JAN 2 5 2000 January 5, 2000 You're the only tool we have. The only option we have is to go to someone like you and ask, don't make it any worse. Don't add to a big problem that we already have. We have no other way to regulate this. As far as the paving is concerned, they volunteered to do their fair share of paving the road, if we wanted to do it. If we would do it to the standards that will carry their trucks. Why should I have to pay for a road to carry their trucks while they make a profit from it? I don't think that's a fair thing at all. The project itself has some flaws, to a layman. Now, I recogniz~ that that was a very nice engineering presentation. But those lands were never low. They're talking about -- the word restore was used by your gentleman over here and used by the presenter, and you have used it, and so have you. But they're not talking about restoring that highland. That part of the project is the only part that we have any objection to, because it involves removing the dirt. But that's not restoration. That land was never low. No one ever carried that dirt in there. He mentioned the wood storks. What about the sand hill crane that walk all over this area? They don't like lowlands, they like highlands. When you consider is this environmentally a good deal, this part of it is a trade-off. It's trading highland for lowlands. And I'm not sure that's a good trade-off at all. The wetlands are adjacent to a strand of wetlands that runs from Route 82 to Route 75, which is nearly 20 miles long and it's two to three miles wide. This minor amount, 600 or so acres that they're going to add, is a minuscule percentage of the total wetlands in that area. When you consider the damage done to us, the people who live there, and rate that against the improvement and the quality of the land, I don't think it's a very good trade-off. I mean, there are -- there's lots of other animals involved with the environment, and certainly the human animal is one of them. And this part of that project is not very sound for us. Thank you. CHAIRMAN HILL: Thank you. Anyone else like to speak? Mr. Kelly, is that right? Would you state your name, please? MR. KELLY: Yeah, for the record, my name's Wayne Kelly. I'm a resident of Six L's about 20 years. I moved out there after Dr. Cooper. The issue I see here is just like Dr. Cooper said. You know, I'm not a mitigation person. I understand it and I think it works, you know, like Mr. Sansbury said, in, you know, its intended use. But when you're -- I mean, my dad farmed here, I was born and raised here. Those lands -- the farmers always sought out the lands that were the highlands, you know. I mean, you can look at the map and see they didn't farm any of the swamp. It was -- you know, the soils won't do it and whatever. And I think the issue here is really dump trucks, and that's -- this road, I mean, if you went down -- Carter Road's worse th ~a--~~ JAN 2 5 2000 Page 15 P~. ~/ January 5, 2000 fought over the years. road. I mean, I'm not going to argue for them, because I live on Six L's. Six L's tries to maintain the road and the dust is unbearable. The traffic is -- it's dangerous. And if any of you have been around a dump truck operation -- and I know some people that will speak about that -- dump truck drivers are notorious of being in a hurry. On a gravel road, much less the paved road, just trying to come to a stop, you know, is a big deal. I think there's -- my wife called the county. She's a teacher and there's quite a few school kids that catch the bus at the corner right where they would be stopping. The -- you know, the whole idea - of trying to regulate it, there is no dump truck police, there's nobody out there. We're caught in a situation. You're doing a Collier County zoning using Lee County roads. And when we called down there -- I know Homer Taylor, head of DOT, personally. He helped pave Corkscrew. I mean, we all lived out there when Corkscrew was dirt all the way to 75, so we understand dirt. He said we have no jurisdiction, it's a private road. So we're forced as residents to come to you and say, you know, help'us, whatever. I mean, our only other alternative is to get an attorney and fight that. We were told that by Mr. Ray Juda that he had the similar situation. And, you know, we feel like we're just a group of residents, you know, being taken advantage of. I've talked to Tim Durham myself and Rob Miller. Six L's drains to the south. There's about four feet of fall in two miles. I mean, all that water goes that way. The first thing the mitigation people did was came in and built themselves a road in their project without putting a culvert in there. All our water goes down there in sheet flows. We went down and asked about it, and they said, "Well, we don't have enough money to put a culvert in." I mean, I can have several people testify to that. Which I don't think was very neighborly. And, I mean, we're, you know, stuck in that situation. But my real issue is the dump trucks -- the real issue is safety and liability. And if somebody gets killed, it's not worth, you know, one minute of anybody's time to go mitigate or do whatever out there. And, I mean, I feel like we're under a threat for the safety of our children at the bus stops. We're driving -- I mean, if you went out there early in the morning or later in the evening or during the day when they're hauling tomatoes out, you would understand that threat, you know, because you just can't see behind the farm traffic that's there. And you've got to understand that that's their existing business. When you throw dump trucks on top of that, you know, competing to get to the end of the road or whatever, you know, somebody's going to get hurt. I hope, you know, not bad. But, I mean, it's -- something's going to happen. We've fought over the years Section 30, which is right next door and then down behind my house; there was two dirt excavations that we And Lee County will not permit a dir~ ~ ~ ~ AGENDA I~ Page 16 JAN 2 5 2000 January 5, 2000 commercial operation, whatever you want to call this, to go out a dirt road. They just won't permit it. This thing about we'll grade, we'll water it all, who makes that judgment? I mean, is it every day, all day long, we're running our road grader, water trucks, you know what I mean, so somebody can see? Because we're back to safety again. You can't see when -- when one dump truck goes down than road, just one, you know, hauling and all that dust, you can't see to pull out or whatever. You know, that's the real issue there. We haven't carried this too far yet. And I've done a little research with -- I've got a friend in the title company business that also lives there. We're not even sure about legal access. There is no established easement on this road. This road was built by Six L Farms some 25 years ago, and like Dr. Cooper said, it's gotten wider and wider as they've graded it. But our property lines go to the other side of where the ditch is, you know, all along there. I've researched that a little bit and will carry that further, if we have to. Six L's just got an additional 200 units that they're building down there for migrant labor that they were permitted in Lee County. I mean, you can do that under agriculture. You can have, you know, so many units per acre. And they're under construction now. Well, there's a whole lot more people that are going to be coming in and out of the -- you know, the road and we're back to the dump trucks and the safety issue again. That's pretty much it. But I mean, I'm just on the safety and the welfare of the people out there, I don't -- I understand business, I understand the mitigation part. I don't understand why they have to take the dirt out in order to mitigate this. I mean, the credits that they receive is some $30,000 per acre just if they take out the -- I mean, from what I understand, or can be, you know, taking out the vegetation, whatever, making this wetlands must enhance the profit potential of this or something, is all I know. Thank you. MR. SMITH: Mr. Chairman, can I ask this gentleman a question? CHAIRMAN HILL: Yes, you certainly may, Mr. Smith. MR. SMITH: I wondered, assuming that there is some good reason for them to have to take out the dirt, maybe to meet some kind of federal requirement that there be wetlands created where wetlands are being taken out at some other place, something like that, if the road, Six L's Road and Carter Road were actually paved during this process, when this is -- this project is finally done, I would assume that that would create a very nice environment for living where you are. Is your issue the dirt -- MR. KELLY: That's probably true. I don't believe you can make anyone pave a road. I mean, I guess you can. The commissioners can -- I mean, that's what they did to that Section 30, when they went for a dirt pit, they went in three times, it was three miles back to Alico, Corkscrew was dirt. And they said we'll give you the zoning, you know, in order to dig dirt. Now, no one ever dug dirt there. It's still a farm fie ld. JAN 2 5 2000 Page 3.? P~. ~ January 5, 2000 because it was too cost prohibitive. I think you can ask them. I mean, the paved two miles of road on Six L's and two miles of road on Carter Road, I don't think they'd even want to dig that dirt. Mr. Durham said that it's costing them money to dig it. And I would -- I've got some people that are involved in that. That's easy digging, the first few feet. I mean, you can pan it out, stack it up and put it in trucks. And there's a lot of people out here will pay you $1.50 a yard, because it's quick, if you want it. I mean, that's all farm fields, you know. It's not like we're clearing it. That's -- I don't understand about it costing money, because that can come out real quick. But, I mean, you know, the issue's safety with me all the way down with dump trucks. It always has been with the other pits. I don't want to see anybody killed, and especially one of those kids standing at the bus stop. And they're all day long. And they mentioned that they were only going to run the trucks when the kids aren't there. Well, I think there's, I don't know, high school, middle school, you know, all the different schools. I don't know how many -- you know, close to 30 kids or something. You know, they're trying to run a business. That's impossible to say they're not going to run a truck when, you know, somebody's getting on or off, you know, extended schedules and all. I have to bring it back to reality. You know, there is nobody to police that. Nobody's going to stand there and say you can't run that truck right now. And that's why this doesn't work. MR. SMITH: For the benefit of the council, I used to practice law in Immokalee, and I would take this route occasionally to go down MR. KELLY: When it was dirt? MR. SMITH: Yes. MR. KELLY: Yes. MR. SMITH: And I must tell you that there's a difference between going down a dirt road and going down these dirt roads. Because what you're talking about is when a truck goes by there, you said it, and I don't know that the council members really appreciate it, you can't see anything. MR. KELLY: At all. MR. SMITH: It becomes -- you might as well have -- MR. KELLY: And then you've got -- THE COURT REPORTER: Wait a minute. MR. KELLY: You've got one coming the other -- THE COURT REPORTER: Excuse me, I need one talking at a time. MR. SMITH: You might as well have the thickest fog in the world, because you just can't see. MR. KELLY: Right. And they said they can water it and all. We've been -- Six L's has tried that, you know. I mean, unless you're doing it all the time, by the time they try to water to the end -- I mean, when it's dry, it's dry. And you're back to dust when you turn around with the water truck, you know, because the traffic's blowing it up there. Page 18 JAN 2 5 2000 January 5, 2000 CHAIRMAN HILL: Thank you. Anybody else? MR. CASTER: Hi. Good morning. My name, for the record, is David Caster. I live on Capper Lane, which is accessed through Corkscrew to Six L's Farms Road to get to Capper Lane. I am an excavation contractor. I make my living that way on dump trucks. As a matter of fact, my business license is at my personal residence out there. But I must reiterate what Mr. Kelly said, is that this road is so poorly main -- well, poorly maintained, it's maintained as well as they can do it with the money that they have. But it is so poorly maintained that I don't take my trucks home at night or any other time during the year because of the damage that would be done to my trucks because of the way the road is kept even with the money and the revenue that we have to do it today. The whole -- I have several questions about this whole mitigation project. And being a fellow that works in the sanitation system of installing septic systems from time to time, and daily water usage and daily water elevations in the sand and in the dirt, everything that my company does from time to time is based upon how high the water table gets in the ground at certain times of the year. And living out there and doing -- I must have done 15 or 20 septic systems up and down Corkscrew Road and Six L's Farms Road. The water table drops tremendously during certain periods of the time that are not in the middle of the rainy season. And these wetlands that they keep talking about I have some real serious questions. I don't think that's what we're here to talk about this morning, because from what I understand of the time I've been here this morning, this is pretty much a done deal except how we're going to make it happen. The only way it seems to me that thing can happen is that if Carter Road and Six L's Farms Road are brought up and made to county specifications so that the county can accept them so that they can provide law enforcement to make these roads safe to travel up and down. And even being an excavation contractor with my own dump trucks, these people must be able to follow the laws and be safe with the amount of children that live out in that area and the amount that are going to be there, especially with Six L's expansion of their migrant camps. Without that happening, this project simply can't happen. You must be able to call the sheriff's office and get someone out there if someone is breaking the law. And the only way to have a law on Six L's Farms Road is to make it be a county road so it has to be followed by state rules and regulations and county rules and regulations. It seems to me that you guys can't really make recommendations, but I'm sure that people talk, and it's got to be conveyed to the people that are going to actually make the final decision that this thing, the only way it can happen is if the roads are brought up to county specifications so that the county can patrol them and write AGF_N~A IT~, Page 19 JAN 2 5 2000 Pg. January 5, 2000 tickets for people who speed up and down, and so that the drainage during the wet time of the year is such that the water will run off the roads and not be puddled in the roads and so that speeding tickets can be issued, if they're needed. That's the only way that this thing can happen, and I think that's the whole crux of what we're here about this morning. CHAIRMAN HILL: Thank you. Anyone else would like to -- yes, sir. MR. ROAN: Good morning, everybody. For the record, my name is Wes Roan and I'm an employee of Six L Farms. First of all, I'd like to apologize to the people who live on the road for the fact that our tomato contractors who run their trucks up and down the road don't have a little bit more courtesy towards you, and I' 11 bring that up to the farm manager when I see him the next time. But I just reiterate a lot of the things that everybody said, we do indeed have and are in the construction process for a housing facility for 200 residents, which will be farm labor, and they'll be probably mostly families. There will be families throughout the year as well as then some migrant force during the harvesting season. We did some calculations the other day, just figuring if all of the dirt came off the Six L Farm Road, that you're talking about 50 trucks a day for 365 days a year for five years to move 850,000 cubic yards of dirt. That's an awful lot of trucks. And the safety issue and the -- just the general wear and tear on the road as it is, we do make effort to maintain it. It may seem to be inconsequential, but it is an expense and we do it because we have to have as good a quality road as we can to enhance the quality of the produce as it's moved on to the hard roads in order for it to get to the packing house. Probably on the off-harvest times the road becomes a little more damaged, especially in the summertime when the rain comes and it's real hard to grade because it does puddle up and there's really poor drainage off the road. The fact that they talked about the dust that's created by these vehicles that move down the road, I've traveled that road many times, and they're exactly right, you get behind a vehicle and you just have to back up 500 yards or more so that you can see again. And so there's the risk of -- you put an extra -- we probably put 20 or 30 trucks a day on that road when we're harvesting, and you add another 50 a day to that, that's going to be a tremendous amount of pressure on the road. The road in itself is not designed to handle that kind of weight and load. Some of the comments people made about the improvement of the road is definitely something that's going to need to be done. I don't -- Six L's doesn't have any problem with the conservation area. We as landowners rely on good land stewardship and water management. It's critical to the success of our farms. But at the same time, we're fearful of the quality of the road, the quality of the life that it will create for the people who live on our farm as residents, -~~ JAN 2 5 2000 Page 20 January 5, 2000 general safety of everybody involved. And I think if we could get the quality of that road improved, possibly even paved, that it would surely solve a lot of the concerns of the residents, as well as the Six L farm operation. Thank you. CHAIRMAN HILL: Thank you, Mr. Roan. Anyone else from the public? MS. MARSIGLIO: As a mother -- my name is Deborah Marsiglio. As a mother, I'm up and down that road four to eight times a day. I have stood behind the elementary kids that the parents haven't come and picked up with my lights on so the other dump trucks and other big trucks can see the kids walking. I think it's a hazard with the trucks coming up and down the road, as with the farm trucks. I don't think it's safe enough. If they can pave it, fine. But as a mother, I don't feel it's safe with the dump trucks. CHAIRMAN HILL: Thank you. There's one other hand I saw? Yes. MR. LYTELL: My name's Bill Lytell, and I live on Glades Farm Road, which attaches to the farm, Six L's Farm Road, about a mile and a half back. I agree of course with what's been said here. Having been there about a year and nine months, I've lived there and traveled up and down the road through the seasons. I do realize that the mitigation folks say that they only want to take part of the dirt out this road. I think 150,000 cubic yards of dirt they talked about taking out, Six L's, and the rest taking out Carter, well, Carter's worse than our road. And of course I don't think anybody's here from Carter Road. That's too bad, really. Also, I'm a little disappointed that you folks went ahead with this without having any power. I wish you would have waited or delayed for six months, is fine with me, get a committee here. Because that's why you are what you are. You're supposed to have a -- I feel like I'm getting a warm feeling and that's about it, you know what I mean? Sometimes I feel like a Christian in the middle of an ancient Roman coliseum and I can hear the lions. As one man said, it looks like this is a done deal. I hope not. I hope you men can talk to the other people you know and that are up further that have power. We are residents of Lee County, but we are coming here because we have no other course of action to take. There is no policing mechanism, though I know they're going to say that there is some policing mechanism. You understand the difference between the ideal and the real. In a meeting like this, people can make promises. They can get up and say well, we will police and we'll do this, we'll do that. But the reality of it is, once it's permitted and once it's done and once things settle down, the truckers and the guys doing it, if they want to run 20 trucks a day, they're going to run 20. I have to ask the question, what resident in our community is going to stand out on the road counting trucks? Nobody. We're all working, trying to make a living and raising kids. No. JAN 2 5 2000 2age 21 January 5, 2000 As far as the safety issue goes, it's extremely serious. There are 33 children, at least, that wait at the end of the road. The times that they're there are from 6:21 a.m. to 8:50 a.m. They are picked up from 2:41 p.m. to 5:22 p.m. The 33 children does not include high-schoolers that are driving back and forth or preschoolers that the parents are taking out and in. It does not include those. The 33 children are the kids who actually are at the end of the road; they're waiting for the bus there. Now, the mitigation folks, and I have their letter right here, said that they would not run a half hour before or after the bus. You~ realize that brings their time frame of running somewhere between 9:30 a.m. and 2:15 in the afternoon. That's it. That's all the time they can run, according to their own words. But again I have to say, who's going to enforce that? Who's going to be there with a watch and say I see these dump trucks are going early today or late today? I also agree with the man, I believe Brother Caster there, that mentioned the easiest dirt in the world to pick up is the stuff right on the top. And I don't know how in the world they tell us that it's going to cost them money to take that dirt out. This is a money-making proposition. This is private. This is Barron Collier Company and Collier Mitigation JV. These folks are in this to make money. I appreciate their benevolence to try to help the environment, but I don't think if there was money in it they'd do it. I think there's money in this thing, and we are kind of been hoping that we can get pushed aside somehow or ignored so that they can go ahead and do this. They'll do this over a three to five-year period. Well, when they've destroyed the road, they leave it, and we're still there. If they -- my suggestion is on this that they pave it up to full county standards, lined with a place where folks can -- you know, you've got to be able to walk along the road, walk along the road, have a bicycle path, whatever. That would probably be to the tune of $800,000, I think, for two miles. I think that will pretty much negate taking the dirt out, because they won't want to spend the money. I also would appreciate you advising if they decide not to go on our road because of the amount of resistance, and they decide well, we'll take it all out Carter Road, that you would block that. Because those dear folks on Carter Road are not here. But there are numbers of residents. I have a petition here of nine -- I have nine families that signed petitions, and I'm sure there'd be more. But if you'd like those -- I really need to make some copies, but I have nine petitions that say they absolutely are opposed to hauling of dirt out the Six L's project by the Panther Island Mitigation folks. I don't know if that means anything to you on these petitions, but we'd be glad to give those to you, the signed, addressed, phone number of the individuals who live on there. The -- have you ever tried -- have you ever seen a dump truck try to make an emergency stop on gravel? They can't do it. The"__~.. JAN 2 5 2¢00 Page 22 January 5, 2000 it. If my wife pulls out in front of one of those folks -- and it's going to happen. You know, it's dusty, hard to see. If you've ever driven on washboard, there's two ways to drive on washboard. You either drive slowly or you drive real fast. Typically with the suspension that the dump trucks have, it's very hard and very abusive slowly, so technically they drive quickly, jumping over the tops of bumps. And in that kind of environment, which we know people do, emergency stop will be just absolutely fatal for whoever it happens to. As far as I know, you may correct me on this, there are no other' material like gravel pits, places where they take material out, that they have not had to pave the road. Harper Brothers had to pave the road, Youngquist Rock Pit had to pave -- they have a paved road, Florida Rock has paved road. I don't know anything about Collier County, but I would hope that, you know, it probably is true that anybody that's moving that much material out has to pave the road to the county's standards. I realize that would even -- the problems are not all over if that happens, but greatly reduced as far as safety and health. They would still meet -- even if it was paved, I would say that they still need to move during a half hour after the kids are gone and then stop a half hour before, whether it's paved or not paved. I believe that needs to be done. Also, there needs to be an access lane created on Corkscrew Road for turning in. At Youngquist pit, just down the road, Youngquist Rock, which has now been sold out to some other company, they had to create a long entrance to that road, kind of like a side road, you know, to pull over so folks wouldn't be stopping and -- that also is the same, I believe, for is it Harper Brothers down the road on Alico Road? Harper Brothers had to put a big long entrance in there. Those kinds of improvements. Ray Juda -- I'm sorry, Mary Gibbs wrote a letter, which I have a copy, which she suggests that kind of improvement by Lee County; which she sent copies to four different departments of Lee County. I don't know what happened to that any further, but I do have a copy of that letter that she recommends those kinds of improvements. Do we have any assurances? Have they said a word about that? These are the kinds of things. It also, as you can tell by the men who have vested interests in this, there has to be some profit involved in this whole thing. So as citizens without really any power, you folks have the power, you folks have the suggestion, though indeed you have relinquished that, I believe. If you could talk to folks who do have and help us on this, it would be appreciated. CHAIRMAN HILL: Thank you, Mr. Lytell. Does anyone else? MR. SMITH: Mr. Chairman, I do have a comment. The figure of 33 children just kind of hit me, because that's about the number of Florida panthers that are said to be around. And we spend 16 million dollars without thought in terms of just building some kind o~C~,..A~T~ JAN 2 5 2000 Page 23 P,. January 5, 2000 those panthers to go back and forth from one side of 1-75 to the other. That's just for one underpass. And there must be about 10 of those, plus fencing, plus everything else. I don't know what the millions of dollars are that we spend for the Florida panthers. 33 children. MR. COE: That's only on one road. That' s not including Carter Road, probably named after you anyhow. CHAIRMAN HILL: Yes, sir. Were you sworn in, sir? MR. LYTELL: Yes. I'm Jim Lytell, and I live on Glades Farm Road, which is accessed by Six L's Road. And I just wanted to come to show my support. And I agree with the things that my neighbors and friends and brother have said. And there were -- a concern I had was if they create all these wetlands, about mosquitoes, how are they going to control the mosquitoes? They're going to have to have all these shallow ponds of water half a mile from where I live. And other concerns. One concern I had was the -- when you pull out of your lane or your house or your lane from your house onto Six L's Road, the Brazilian peppers and different vegetation that grows right out adjacent to the road where you have to creep out on the road to see down the road, now, we maintain the -- another concern I had was we maintain the drainage ditches periodically on that road to keep the exotic vegetation out of them and stuff. Not very well, I must say. But when the panther mitigation people -- as I said before, they came in and dug a road and kind of blocked our irrigation there. It fell on deaf ears about putting a culvert there so all the water flowing south in the ditches on Six L's Road goes over the road instead of in some kind of culvert where it wouldn't be stopped. And I'm just opposed to running any more traffic for any commercial benefit for anybody on Six L's Road without drastic improvements. Thank you. CHAIRMAN HILL: Thank you, Mr. Lytell. Is there anyone else? Mr. Durham? MR. DURHAM: If I could have an opportunity to respond to a couple of comments I heard. I have two children. I understand concerns about children. But I want to make sure we have all the facts clear in front of us today as we talk about this. I heard -- well, first of all, let me start with this: The gentleman from Six L's hypothesized how many trucks it would be if they all went down Six L's Road. That's a nice academic exercise, but it's not what we said. We said the majority of it's going down Carter Road. I heard the road characterized as our little road. It is 30 plus feet wide, just so you have a clear picture of it. And I think I probably did a disservice by not bringing some photos here today. Another comment was that we are taking, what's it called ~-~ highlands or uplands on the Panther Island site and convertin¢-~3-~4 JAN 2 5 2000 Page 24 January 5, 2000 marshes. That is not the case. Again, we put -- we did extensive scientific studies. Put monitor wells on site, looked at ground water elevations, looked at 1940 aerials. A long list I can go into. That site that we're converting to marshes historically was a mixture of hydric pine flatwoods and seasonal marshes. The agricultural operations over the years basically created some terrace wetlands on that site. We actually have a four-foot drop across those ag. fields, which is kind of interesting. But suffice it to say, what we are proposing to do out there is restore it, quite clearly, by the state and federal definition of that, by all the scientific data. Obviously attorneys have looked at it and determined there is legal access established down both those roads through the use over time. We didn't go into this blindly. One thing to be real clear on: What we have offered to do is daily watering and grading of Six L's Road. The net result of that will be an improvement to the existing conditions that are out there now. You heard the comment about washboard effect on roads. I agree with that completely. If you do not maintain a marl -- limerock road like that, you do get a certain pattern on it, and trucks tend to go faster to save their suspension. That is why we are offering to do daily grading and watering on that road. Another mention of school children. Just so you're clear on this, the majority of the school children are driven to the end of Six L's Road to a bus stop on Corkscrew Road. We have a copy of the school bus schedule from Lee County with exact times on here. We have looked at that. We are very comfortable with being able to work around that bus schedule. Recognize that's a current bus schedule. This could be a while before we're out there using Six L's Road, so we'll have to adjust to what that school schedule is then. But at least, you know, looking at the current schedule, we can certainly work with that, and it's our intent to. We have an on-site construction office right there at the end of Six L's Road. It will be full-time managed staff, operations there. We are accountable and responsible. A comment about culverts. Somebody was implying that we somehow block drainage. I guess you could make inference that we caused some flooding uphill. That is not the case. As a matter of fact, on our site there are culverts added, which have improved flow. Let me try and keep this succinct. I just heard a lot of comments. Let me stay on point as best I can. Mosquitoes was another issue that was brought up. The way the marshes are designed, part of the deeper excavations are intended to have permanent water bodies within the marshes to support fish that will eat mosquito larvae. Bottom line is, we've tried to be good neighbors with the folks to the north. We have responded to every phone call we have gotten. We have tried to have good conversations with the folks. I will tell you that as long as two years ago, a year ai~ Page 2 5 JAN 2 5 2000 January 5, 2000 ago now, we had discussions with Six L's and some other folks offering to be part of paving of that road out there. There was some general discussions about people putting money in and getting some asphalt put down. We responded by saying that if that road was designed to county standards, all right, full-blown road, that we would be glad to participate and pay our fair share. Several entities did not respond to that letter. And we still stand by our position. We'll be certainly glad to participate in an effort for a full-blown properly designed and constructed road. We'll do our share on that. In the meantime, again, we're trying to construct this. Our contract with the contractor calls for improvement of Carter Road. We acknowledge that Carter Road clearly needs some improvement to be used. We understand that. There's a cost associated with that. One last thing. Somebody implied that we were perhaps disingenuous by saying that it was going to cost us money to haul off-site. My point on that was that all -- everything else being equal, we would prefer not to have to move dirt off our site. The moving of dirt off our site is in itself not a revenue generator, because of the inefficiencies of that operation. Certainly Panther Island Bank is supposed to make a profit. I don't know anybody who would enter a business venture with any other goal in mind. I just wanted you to be clear on that. We have gone on writing with our commitments to meet the requirements that Mary Gibbs from Lee County submitted to Collier County staff. We're trying to work with both counties. We're trying to be good neighbors. We've been as responsive as we think we reasonably can be. We propose to be responsive in the future. Beyond that, I can just answer questions. MR. COE: How would you -- how would it be prorated, so to speak, as to how much money each entity would pay for the road? Like would a truck moving along that road have to pay more than, say, an individual resident who maybe goes down the road twice a day; whereas, a truck may go down the road 50 times a day? MR. DURHAM: Sure. The discussions -- there's a gentleman here named Mr. Rob Miller, who is with Florida Wetlands Bank who has prime authority on construction and operation of the bank. I don't know if Rob would like to address that any further. But we did not get as far through those discussions as we would have liked to have. I can't tell you the details. Perhaps Rob could give you a little more on that. MR. MILLER: My name is Rob Miller, I'm executive vice president with Florida Wetlands Bank, and the managing partner of the Panther Island Mitigation Bank. A comment was made that somebody felt that they were being taken advantage of here. I have, over the past year, year and a half, expressed numerous times to the residents of Six L's Farm Road my willingness to sit down with them and to meet with them, our willingness to discuss the improvement to Six L's Farm Road and to Carter Road. Page 26 January 5, 2000 We realize that for us to utilize those roads, they have to be improved. We intend, in the normal course of our business, in using those roads to widen Carter Road, to improve the base on both Carter and Six L's Farm Road while we are using it. The illusion that some residents have made that this road is being properly maintained is absolutely false. It is being maintained at a standard, as somebody said, of what they can afford to do. We will be maintaining that road in the proper condition as necessary. If that means that we have to have that water truck there every day, if that means that that road has to be graded every day, then that's what we're going to do. We want to move that material out of that site in the safest manner possible with the least impact to the residents. Every concern that has been brought to our attention we have addressed. Every time we address a concern, a new concern is raised. If anybody should be standing here feeling like they're attempted to be taken advantage of, I think it should be me. We have offered to pay a proportionate share of the road. Now, we're talking about a road that we're going to be using over a three to four, five-year period of time. The benefit that these residents are going to have from this road is going to well extend beyond that period of time. So to say that for us -- and we're not a commercial rock pit. We're not going to be operating this pit for 10, 15, 20 years, generating millions and millions of dollars from the sale of fill. The fill component of this project is not a revenue generator. It costs us money to dig the material, it costs us money to dispose of the material. We are not going to recoup our cost of digging this material through disposing of it off-site. We won't come close to doing that. That's not the purpose of us removing the fill from the material. MR. COE: You can't sell fill for the same price that -- MR. MILLER: I can't sell fill material for the same price as Corkscrew Mining or as the old Youngquist Pit can. MR. COE: Why not? MR. MILLER: Because I have a haul that's three to four miles longer than they have. Now, you -- the sale of fill, fill costs a certain amount on the open market. The longer the trucks have to travel to pick that material up, the more the material costs. MR. COE: I understand that. MR. MILLER: So you can't be -- MR. COE: Three or four miles is that great of a cost to you? MR. MILLER: It's not a cost to me, it's a cost of the trucker getting to the material. That has to be figured in. When they can go to a Youngquist or a Corkscrew Mining to buy fill and they don't have to travel three to four miles longer, their cost of the material is substantially less. So we cannot sell our fill at what the market rate is for a pit that's right on a major road. We're not on a major road, we're well off of a major road. MR. COE: You could sell it for that, but you couldn't make as Page 27 JAN 2 5 2000 January 5, 2000 much profit; is that correct? MR. MILLER: Sure. MR. COE: Okay, that was the answer I was looking for. MR. MILLER: Yeah, and -- MR. COE: You're going to sell it for the same amount of money, and you're still going to -- MR. MILLER: We don't know that. MR. COE: -- make money, you're just not going to make as much money. MR. MILLER: We had another -~ I'm not -- I don't believe that's' true either. We had another bank in Timber Pines; we were right on a major road. We could not sell the material at the market rate and get the material off the site in the time frame that we needed to do it. MR. COE: Then why do you -- MR. MILLER: So we had to give that material away. MR. COE: Then why do you want to do this project? MR. MILLER: We're doing this project to create the wetlands, not to excavate and -- MR. COE: So you're just being good guys here? You're just helping -- MR. MILLER: No. MR. COE: You're trying to say -- MR. SANSBURY: Mr. Chairman, I don't think that's a fair response. That's not what we're talking about here. And I'm sorry, we're going to treat people right. That's not the way we should -- MR. MILLER: You're trying to say that we're generating a profit from the sale of fill. That's not true. We're generating money and profits from the sale of credits. That's where we're generating our money. If you look at the still component of the project, it is not a revenue generator. So to say that that's a commercial operation is not correct. So what I just want to express to this council is that we still have the willingness to sit down with the residents and with Six L's Farm Road; we still have a willingness to share in the cost of constructing and improving Six L's Farm Road, if that's what they choose to do; we will in either regard improve the base and take the precautions necessary to ensure the safe removal of our material from the site. CHAIRMAN HILL: Thank you very much. Is there any other public comment? I will close that portion. I think we have as a council some serious discussion required in order to handle this properly. For the benefit of the court reporter, however, we've had her walking her fingers for over two hours now, and I'd like to suggest a five-minute break to give her a little respite. We will reconvene at 11:10. (Recess.) CHAIRMAN HILL: We will petition to the County Commissioners next month for a gavel. I'd like to reconvene this meeting of the Environmental Ad~s?__r~_ _ Page 28 JAN 2 5 2000 January 5, 2000 Council. I want to apologize to the public that are here to address the Panther Island Mitigation Bank for the fact that this council does not have for this meeting a quorum which would allow us to take an official action to present to the Board of Commissioners. However, at this point in time, I want to recommend to this council that we do -- or take whatever option is available to us in order to get the public's concern to the commissioners. I understand we can still, because we don't have a quorum, can continue this to February. There are perhaps other options for us, because I think the concerns are significant enough that we need to look at this long and hard for a variety of reasons: The safety, the health, the two-county operation. All of these factors are significant enough that I think this council has to assume its responsibility and make sure that those concerns are made to the County Commissioners, in whatever forum is available to us. Mr. Mulhere, I think you probably can advise us as to the options that are available. MR. MULHERE: Thank you. For the record, Bob Mulhere, planning services director. I can tell you how petitions for which there was not a quorum have been handled in the past. I can also tell you that I think the applicant has the ability and the right to request that it be heard by the board, regardless of the recommendation, necessarily, of the Environmental Advisory Council. Of course the board will consider that recommendation. That recommendation being there wasn't a quorum, we could take no action. If the Environmental Advisory Council is recommending that the petition be continued until February, the applicant still could insist that we carry that forward to the board, and we would carry the message to the board that the EAC has recommended that the petition be continued until a quorum could consider the item. CHAIRMAN HILL: With an emphasis on the reason for our request for continuance? MR. MULHERE: I think under any -- you certainly could do that, but under any circumstance in the past, an item for which there was not a quorum, the EAC has -- and correct me if I'm wrong, Barbara and Stan, but in my experience the EAC -- prior to that, the EAB -- had always recommended a continuance of an item for which there was not a quorum until a quorum could hear that item. MS. BURGESON: That's right. We've -- in the past, in the 10 years that I've been with the county, no item has gone forward without a formal motion from the board. MR. MULHERE: Now, I just throw the caveat out there that the applicant I think could still request that we bring the issue forward to the board for consideration, but the board's consideration would be whether or not to hear the item without this committee having had the opportunity with a quorum to hear the item and make a formal recommendation to the board. I would also just throw another caveat out, and that is Page 29 JAN ~ 5 2000 January 5, 2000 again, if we look at the Land Development Code and the language that establishes this council, some of the issues, in my opinion, and it's only my opinion at this point in time, are somewhat beyond the scope or the parameter of this council. I believe those are issues that the Board of County Commissioners needs to deal with. In this case, the item doesn't go to the Planning Commission, so the Planning Commission will not deal with it. CHAIRMAN HILL: Such as, Mr. Mulhere? MR. MULHERE: Such as transportation issues. And I say that with the caveat, unless you feel there are environmental issues associated with those transportation issues. I think you have to provide that nexus to the board with your recommendation if transportation impacts are one of the reasons why you would place a condition or otherwise not support this petition. Because really, the parameters of the EAC are relative to water management and environmental issues. So I think if transportation has some environmental or management impact, then I think you are within your parameters. If hours of operation have some environmental or water management impact, then I think you're within your parameters. CHAIRMAN HILL: Environmental Impact Statement does address traffic. MR. MULHERE: And well it should. CHAIRMAN HILL: And therefore, I think would legitimately come in the purview of the EAC. MR. MULHERE: And I have no problem with that. I just feel it's important -- CHAIRMAN HILL: That's contradicting what you just said. MR. MULHERE: No, I don't think it's necessarily contradicting. What I said was if you make a recommendation, I think you need to provide a nexus as to what the environmental impacts associated with that condition or recommendation are. CHAIRMAN HILL: Okay. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: Just two questions. Number one, to get the discussion that we've had before the County Commission, can we not at the end of the meeting make a motion to forward the minutes of this meeting to the County Commission and with a cover letter from the chairman or something to please review the item, this item was discussed. That would get it. I mean, the petitioner then may petition to go ahead, but the County Commission would have benefit of being able to review the discussion that took place. MR. COE: Well -- MR. SANSBURY: Let me finish. That's number one I wanted. The second thing I have is that we're talking about an issue here that where does the jurisdiction, governmental jurisdiction of this board end? We're talking about an issue regarding transportation problems in Lee County. I know it's generated by something that.'~ _ ~--'happened in Collier County, but are we not somewhat out of )ur AGENDA~ JAN 2 5 Page 30 January 5, 2000 jurisdiction on making a decision on something that's in Lee County? Should this not be the Lee County commission that's hearing this and not this environmental advisory commission -- committee? MR. MULHERE: Well, I think Lee County, both residents and elected officials and appointed government employees, have the opportunity to comment. That's why we notified the -- MR. SANSBURY: No, I don't question that. I don't question that. MR. MULHERE: And again, I don't think that -- and again, this may be a better legal question, but you asked my opinion, I'll give it to you. I don't think that the county can place restrictions on roads in Lee County, but they can place restrictions on the development, which is in Collier County, which may impact their ability to utilize, for example, hours of operation. That's certainly going to impact their ability to use those roads at certain times, although those roads are located in Lee County. I think they're well within their -- the board is well within their rights to do something along those lines, place a condition that may impact their ability to operate during certain hours. I mean, that's one of the normal conditions that can be placed on such an operation. And yeah, that's going to impact, because they're choosing -- because the routes that are available go through Lee County, the effect of such condition would be that the board was placing a limitation on their ability to function outside of Collier County. I think that they are within their rights to do that. The use is located within Collier County and, therefore, Collier County has the jurisdiction. It certainly is -- requires some interlocal governmental coordination because of the proximity to Lee County and because the use will have an impact on Lee County. Excuse me, I think I said Collier County, I meant Lee County. MR. COE: I'm a little bit concerned, because I question whether the citizens are being -- and I'm including the Carter Road ones, and I know there's nobody here, but I don't know whether they're being -- I mean they're representing themselves but, you know, they're paying taxes to -- of course to Lee County. I guess you all are Lee County. And nobody from Lee County is really coordinating with our county people to -- and with the people that are going to do the development there. And with Six L's trying to coordinate and figure out who's going to pay the road, who's going to pay how much and that sort of thing. Or if that's going to be done. Why not? Why isn't that being done? MR. MULHERE: Well, I would say two things: One, we contacted and sent a notice to Lee County. They responded to us, and their concerns in writing are contained within the recommendation of the county staff. If they -- perhaps you feel they should have gone further than they went, that item I think would need to be brought up between the residents and the reviewing entity for Lee County, or it could also be brought up at the board's hearing on this item by Collier County residents or Lee County residents, or people in another state but own property down here. JAN 2 5 2930 Page 31 January 5, 2000 Everyone that owns property should have an opportunity to express their concerns. And if one of those is who's going to pay for the impacts to the roadway, if it was within Collier County, we would charge an impact fee for every trip that would cover the cost of impacts to the road. If that is a condition that Lee County would like to see imposed, they need to tell us that, and what methodology they would propose, so that the applicant can have an opportunity to look at that methodology and respond, whether it's satisfactory or not. As I understand it, they're in negotiations to discuss those very items with representatives of Lee County, but I do not know where that stands. I think it's a good question. Perhaps the applicant could respond to that, or respond to that prior to the board meeting. MR. COE: Well, the only thing I see that the people can do now is get an attorney. And they're in a catch-22 at this point. The county's not helping them, and we I guess can't help them because their county's not helping them, so they've got to get an attorney and fight it. MR. MULHERE: Well, and I think -- MR. COE: So now everybody's got to get an attorney. MR. MULHERE: And I also think that they have the oppor -- MR. COE: Nothing against attorneys, mind you. MR. MULHERE: But I think that anyone has the opportunity to either in writing or in person make their comments known to the board, who is the body who will make the final decision on this land use item. The EAC I think has a couple of options. I think your recommendation could be consistent with past actions where there wasn't a quorum that this be continued. And then either the applicant will request to go forward or will understand that there's a continuance and that the board will hear that after you have a quorum, perhaps in February. Or you could recommend that it go forward, as I think Mr. Sansbury indicated, with copies of the verbatim minutes and a staff summary of the discussion at this EAC meeting. MR. SMITH: Mr. Chairman, I have a comment here. The -- as I looked at the figures here, and I may be wrong about this, but there's a -- the site is 2,778 acres. And the maintenance, annual maintenance, alone is $5,000 an acre. That's $13,590,000 annually. I may be wrong in my math on this, and if I am, I apologize, but there's big numbers involved in this. And I just for the sake of common sense would wonder if the people who are planning this project could weigh the cost of putting out trucks on a daily basis with water running up and down those roads and having to worry constantly about the safety of children and liability and weigh that against the actual, you know, just bite the bullet and put the darn -- I mean, these folks, that's all they want is not to have the dust. CHAIRMAN HILL: Mr. Cornell, could I relinquish the gavel to you for a minute? Would you accept that, please? MR. CORNELL: Sure. CHAIRMAN HILL: I'd like to move that the Environmental Page 32 JAN 2 5 2000 January 5, 2000 Council, having heard this petition and public input in the absence of a quorum, are deeply concerned about the impact of this development and this petition, and request that it be continued and brought back before the EAC at its next regular meeting. And if this is still presented to the Board of County Commissioners, that we make every effort to urge the citizens' comments through our minutes or any way possible be forwarded to the County Commissioners. MR. CORNELL: Does the motion have effect? MR. MULHERE: I'm going to defer to the assistant county attorne~ as to whether or not -- I mean, there's not a quorum, except you're not making a recommendation on the project, so it's a question of whether everyone can vote on that motion. CHAIRMAN HILL: It's my understanding that we could do that. MS. SCUDERI: To be honest, I'm going to have to call upstairs. That is someone in the office's -- that's what they do. And just to give you a definite answer, I'll need to call my office. MR. CORNELL: Well, now, your motion is to continue the item? CHAIRMAN HILL: To continue -- MS. SCUDERI: As opposed to making a -- CHAIRMAN HILL: -- but with the caveat that if the commissioners wish to consider it at their next meeting, that we make every effort to get before the commissioners the public comments and our concerns MR. CORNELL: Yes. CHAIRMAN HILL: -- which is the reason for continuance. MR. MULHERE: We would do that anyway. I mean, you can certainly make that part of your motion, but the staff would do that on any petition. So I need to say that, too. MR. CORNELL: Well, Barbara -- CHAIRMAN HILL: In the past, I've felt that sometimes not all of our concerns get to the commissioners. MR. CORNELL: I think you said, Barbara, this is typically what has happened when there was not a quorum. MS. BURGESON: In the past with the EAC and the EAB, the preceding boards, all the items have been continued to the next meeting. MR. CORNELL: Sure. Well, that's basically what you're -- CHAIRMAN HILL: Yeah. MR. CORNELL: I'll second the motion. MR. SANSBURY: Mr. Chairman, I think the part of the motion of getting the minutes to them serves our purpose. I mean, the discussion here I think is very involved, I think everybody understands the people -- what the problem is that the residents have. And having those minutes in front of the commission serves the purpose. I don't see the purpose of bringing it back again. CHAIRMAN HILL: Well, there was a little strategic reason for MR. CORNELL: MR. CARLSON: that. Other discussions on the motion? If we're about to put this to rest at ti Page 33 JAN January 5, 2000 I would like to make a 9eneral comment on this, and that is that speakin9 about just what's happenin9 in Collier County and speakin9 just from an environmental standpoint, my first experiences on Corkscrew Road were back on the Sixties when you would drive in a typical wet season and it would be under water, as would Carter Road. Because we've used that road for years to access the north end Corkscrew Sanctuary. I have since watched a progressive dewaterin9 of Southeast Lee County. There's just absolutely no doubt about it, the water levels have been lowered primarily because of agricultural activities that discovered a topographic relief that could move the water off Southern Lee County into Collier County. This project, there's no doubt, and I think -- is it Dr. Cooper, you brought this up, whether there were environmental merits to this. There is no question that there is. It's a 9ood environmental project. The types of wetlands that will be restored on this site are just exactly the types of wetlands that were hardest hit by the drainage of Southeast Lee County. There is no question. You'll be wastin9 your time 9oin9 there. You're welcome to do it. But there's no question, there's environmental enhancement, environmental benefits to this project. MR. CORNELL: Further discuss on the motion? CHAIRMAN HILL: Call for the question. MR. CORNELL: Now, I 9uess that you two 9uys recuse yourselves from this vote, or -- so four of us would vote on the motion to -- MR SANSBURY: If we can't vote, you can't vote. MR CORNELL: Okay. So let's the four of us vote on -- MR SANSBURY: You can't do it. MR COP, NELL: -- the item. MR SANSBURY: You can't do it. You don't have a quorum. MS SCUDERI: I can call my office and ask. There is a fine line between whether or not this is a substantive issue versus the continuous. I'll really need to call to 9ive you the definite answer. There is someone in my office who deals with that specifically. MR. SANSBURY: We're votin9 on a continuance. I think everybody can vote on a continuance. MS. SCUDERI: That's the question that I want to talk to -- MR. CORNELL: It sounds procedural, but you're the attorney, not me, so -- MS. SCUDERI: -- make sure it's not -- right. I just want to make sure I'm not givin9 you bad advice, so -- CHAIRMAN HILL: Please. Okay. MR. SANSBURY: Let's hear from Bob. CHAIRMAN HILL: Mr. Mulhere, we will now proceed to the request for you to address -- MR. MULHERE: Okay. We need to -- do we need to table this item until she comes back and -- CHAIRMAN HILL: Yeah. I'll accept the motion to table this until Page 34 JAN 2 5 January 5, 2000 MR. SANSBURY: CHAIRMAN HILL: MR. CORNELL: CHAIRMAN HILL: Opposed? (No response.) MR. MULHERE: So moved. -- the attorney's representative. Second. All in favor? Okay. And I don't know whether this was -- this discussion that -- I think that was added to the agenda, and then unfortunately, I'm sorry, I wished I could have been here at the beginning of your meeting, but I was in another meeting. And as I understand it, the chairman asked that I come back and give you an update on the TwinEagles matter. And I've also included in that discussion beyond TwinEagles an update on some of the ongoing efforts to address the Governor's final order and where we stand with those comprehensive plan amendments. As you probably are all aware and read in the paper, in federal bankruptcy court recently, Judge Paskay rendered a finding wherein several -- he adjudicated several issues. First, that the plaintiffs, which were numerous, but included some property owners in proximity to TwinEagles and also Florida Wildlife Federation and I believe Collier County Audubon. His finding was that they did not have standing in this matter, some of those plaintiffs. Secondarily, his finding was that the development was consistent with the Collier County Comprehensive Growth Management Plan in effect at the time of approval. And thirdly, that the approval of the plat, which was the instrument that was being challenged in this case, was that the approval was administerial in nature and that the -- and I guess one -- or I will certainly draw from that finding that the appropriate instrument to have been challenged would have been the rezone from PUD to agriculture and not the subsequent plat approval by the board. If you recall -- just a brief history. If you recall, originally TwinEagles came in the form of a PUD with a number of commitments by the developer. That was challenged. And therefore -- and as a result, the applicant requested the board restore their agricultural zoning of the property, which in fact happened. The original challenge was -- it went away. I guess the term is without prejudice, but I don't know exactly what that means. I'd leave that to the attorneys. But anyway, that original challenge to the PUD, when the PUD was rezoned back to agricultural, went away. And subsequent to the agricultural zoning approval by the board, the board approved a final plat for Phase I of TwinEagles, and that was what was challenged, and it ended up in bankruptcy court and bankruptcy court retained jurisdiction over the matter. And so those were the findings. I do read in the paper -- I have no firsthand knowledge, I can only can tell you, or report to you that there is some discussion of appeal by the plaintiffs to that finding. Whether or not that will actually happen, I do not know. But the issue is really one of whether or not the Twi~ JAN 2 5 2000 Page 35 January 5, 2000 whether or not any individual agrees with the type of development or thinks it's appropriate for that area was not the issue. The issue was, was that approval consistent with the comprehensive plan and was the plat the appropriate instrument to challenge. And the judge found in favor of TwinEagles and also in favor of the county in both -- in all of those items. I wanted to give you a little bit of an update on where we stand with some of the growth management issues that are required by the final order. As you know, the two committees, one for the rural fringe and one for the other rural area outside of the fringe, are meeting on an ongoing basis. We have legal representation from -- by Nancy Linnan, from Carlton Fields. The first -~ one of the first things we had to do for the final order was to repeal the non-compliant EAR amendments that were upheld to be non-compliant by the Governor and Cabinet. And we did that through an amendment which we call CPR-99-1. We did that back in September. And that is being challenged. I do not know what the status of that is. It is being challenged by Florida Wildlife, and I believe also again Collier County Audubon. I do not know what the status of that challenge is. It's working through legal proceedings. Again, the purpose of that, CPR-99-1, it was required by the final order as the first step, and that was to repeal the issues which ---were found to be non-compliant by the DCA, by the administrative law judge and ultimately upheld by the administration commission. Second thing that we had to do that you probably are a little bit more familiar with was CPR-99-2, and that was establishing Natural Resource Protection Areas boundaries and interim amendments to allow the rural agricultural assessment to move forward. And we did that through what we call again CPR-99-2. And we received word -- I received word by telephone call on this past Thursday. And I have not received written verification of that, though I did read an article this morning in the paper that confirmed the telephone call that I got on this past Thursday that the Department of Community Affairs found CPR-99-2 in compliance. And again, you'll recall that that was the Natural Resource Protection Areas for several special study areas. And there was some controversy as to the boundaries, or some discrepancy. Controversy is probably not the right word, but discrepancy as to what those boundaries should be. However, the Department of Community Affairs did find us in compliance on CPR-99-2. I'm not going to spend any time talking about whether or not that will be appealed. I'll leave that up to the newspaper and other individuals to discuss. Finally, CPR-99-3, which is also required by the final order, separate set of amendments, that was transmitted by the board on November 23rd to the DCA. We have received from the DCA what's called an ORC, which is an Objections, Recommendation and Comment Report. It's really a very standard process..~~. ~.~.~ ~ I would tell you that I'm optimistic that we can addres th~~ JAN 2 5 ~U Page 36 pg._ 'Z/"',~,2 January 5, 2000 relatively, in my opinion, minor issues raised by the DCA on that ORC. One deals with providing specific locational restrictions for farm worker housing to ensure the farm worker housing will be located in close proximity to services, transportation, work, education, employment, other types of services. And the second deals with maintaining or reducing hurricane evacuation times and means of evacuation. And again, I feel confident the ORC actually provides some specific recommendations to us. And it is fairly common that we would receive an ORC on a volume of amendments such as those that were contained in CPR-99-3. And the process is that when we transmit the amendments, we will want to address the two issues that were brought up by the -- oh, excuse me, when we adopt the amendments, we'll want to address the two issues that were brought up in the ORC by the DCA. And that will happen by the board sometime in the next several weeks. So that's really an update of where we stand. CHAIRMAN HILL: Thank you very much. Is there any question or comment? MR. SMITH: Can we get copies of these ORC's? MR. MULHERE: Sure. And you'll be getting them because I was distributing them to the committees, but I'd be happy to distribute them to the EAC as well. CHAIRMAN HILL: Is that CPR? MR. MULHERE: Yeah. Comp. plan remedial -- CHAIRMAN HILL: Cardiopulmonary resuscitation for Collier County? MR. MULHERE: They're just -- everybody uses different letters to track these things, so they don't mean much. The state uses a different letter, the county uses a different -- CHAIRMAN HILL: Thank you very much, Mr. Mulhere. MR. COE: Oh, we need to find out if somebody has advertised for a new member. CHAIRMAN HILL: They have. MR. COE: They have? CHAIRMAN HILL: Yeah. MR. MULHERE: Can I just add one other item that Bill Lorenz is reminding me of, and it's tied into this discussion, is that the EAC has as a standing committee, or subcommittee, a growth management subcommittee. And that's I think an item that really needs to be addressed by the EAC in terms of creating that subcommittee so that we can keep that subcommittee informed on a regular basis and work with them as we develop future amendments. And of course then that committee could in turn keep the full EAC up to date. CHAIRMAN HILL: Thank you. You know, I -- at the risk of extending this any, I'd like to take about one minute to take make a comment which I feel very strongly about. From time to time, the EAC is accused of overstepping its boundary in considering things out of the purview of the environmental aspects of any petition. That may be true. And if we're violating our charge, then I apologize on behalf of the council. Page 37 JAN 2 5 2000 January 5, 2000 However, it seems to me that this group is one very viable component in the Collier County process of growth management planning, et cetera. And if we have to operate with very focused blinders on, then I don't think we can do our job properly. As long as we don't use the aspects out of our purview to influence a decision. But I think it's imperative that every county agency look at the full scope of everything associated with the petitions that come before us. And I think it's somewhat unfair to tell this council that we can't ask certain questions because they happen to be perhaps beyond our purview. If we can't function as an integral part of the Collier County process, then I think it's time to look elsewhere. Having said that, I'm not going to have any discussion, I'm going to -- Marni, have you got a decision for us? MS. SCUDERI: I do, actually. I've spoken to David Weigel, who is the county attorney, and I explained the entire situation to him. What he told me is that a continuance in this situation really will not work, due to the fact that Mr. McVey would be the member that we would need here, that he has not heard everything that has occurred today, that there is a record in this now, and that basically everybody here would have to start from scratch in front of Mr. McVey again. And I believe that is the member who we need for the quorum at this point. He did see the problem, the possible problem, with having a vote ~ with the members who have already said that they cannot vote getting in the vote for passing the minutes on. What he did say is that if this goes to -- when this goes to the County Commission, that staff actually can just forward the minutes, because they are a public record. So that the vote does get problematic at that point due to the fact that we really do not have a quorum for any type of a vote. CHAIRMAN HILL: So what you're saying, the motion is somewhat out of order, but that part of it will in fact be realized by staff forwarding the minutes; is that correct? MS. SCUDERI: Right. He stated that it is a public record and staff can just forward the minutes to the Board of County Commissioners. CHAIRMAN HILL: In that case, if the seconder will -- MR. CORNELL: I will. CHAIRMAN HILL: -- take back his second. MR. CORNELL: I will. MR. CHRZANOWSKI: Just for the information of the petitioner, I've been told that it takes two weeks to get the minutes. They would have been on the board hearing for the 24th or 25th, which means by next Wednesday I would have had to have the packet ready. That's going to push them back to the first meeting in February. MR. MULHERE: Unless -- and we will look into attempting to have those expedited and absorbing the cost of that, whatever that is. CHAIRMAN HILL: Maybe a partial -- is a partial set sufficient, ._.or do we have to set the entire minutes? MR. MULHERE: I think we can make arrangements to have-~~~ JAN 2 5 2C 0 Page 38 January 5, 2000 transcription expedited so that we could have it in the board's package. MR. COE: She's not smiling. CHAIRMAN HILL: She can handle that. MR. SANSBURY: Yeah, she can do it. CHAIRMAN HILL: She can handle us, she can handle that. (End of Excerpt of Proceedings) TRANSCRIPT PREPARED ON BE~L~LF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE R. LEONE Page 39 JAN 2 5 EXECUTIVE SUMMARY :PRESENT THE RESULTS OF STAFF .A'ND tZONSULTANT INVES~IIGATIO S INTO THE EXTENSION OF PIPER BOULEVARD EASTI~RLY TO STRAND !]O~/ARD IFOLLOW UP T.O MEETING OF DECEMBER 14, t999]. 'OBJECTIVE: To provi.de further information to the Board of County Commissioners and the public regarding a proposal ,to extend Piper Boulevard easterly from its present terminus at Livingston Road to intersect with Strand Boulevard. CONSIDERATIONS: At its December 14, 1999, meeting the Board staff presented the results of a consultant study and staff findings along with recommendations regarding a proposal to extend Piper Boulevard east from its present eastern terminus at Livingston Road easterly to connect to Strand Boulevard. The recommendation of staff, backed up by the consultants' study and findings, was not to extend Piper Boulevard. Fm*ther, staff recommended that a pedestrian/bicyclist pathway be pursued along the same, or similar, alignment. A member of the public (Mr. Jack Pointer, a resident of the Willoughby Acres Subdivision) also spoke at the meeting and provided the Board and staff with a copy of a portion of the Carlton Lakes PUD ~";"~' ~ ........ * tn h~a rem,.a,~?o to the ~oard Mr. PoMter as~e~ that ~he 60' ~,~ '~ ,-~,-~,~ 4~ IVl I. tile balltOll l~ktkC5 l)lHt Wab I~5~IV~ IUI 3 IUklU llgllt-Ul-;Va)' 111 IHVUI UI ~UIII¢I ~UUlIt)', Pointer's assertion and based on the sta~ecl objective of making a roadway connection between Piper Boulevard and Strand Boulevard, the Board directed staff to determine a means of providing such a connection and to return to the Bom'd to provide information detailing what steps would be necessary to) can y ont that direction. Summary: Thc steps necessary to provide an extension of Piper Boulevard to strand Boulevard in~'h~c]~ th~ ft~lh~u~ino' · Direction to staff'to pursue acquisition of a minimum 60' right-of-way, either in fcc or as cunMMcut with the PUD zoning an easement, along the Carlton Lakes frontage, ~^-~' .... uocurll¢lltS. There mayDc' .......... ~;nnnuntuunm]llJ .... : assucs,: ...... ~ ..... ]: '- - upon [tow uupcnu~g theprat and rezoning documentation language is interpreted. · Direction to staff to pursue acquisition of a minimum 60' right-of-way through The Strand's platted LBE between Carlton Lakes and the Strand Boulevard existing platted right-of-way. Based on the placement of The Strand's entry signs and the placement of the LBE, staff believes that an eminent domain action will be necessary. · Performance of an engineering study of the proposed intersection at Piper Boulevm'd and Slrand Boulevard. This study will be necessary to determine how to handle the traffic and tu:'ning movements between Piper Boulevard and Strand Boulevard. This location is not conducive to an intersection that will meet contemporary engineering standards. Executive Summary Report to the Board on Piper Boulevard Extension Page 2 of 4 Neither staff's nor the county's consultant's findings indicate a concmTency-dfiven need for an .extension ofPiper. Boulewrd. B~d on lhe foreg, oing .review,ami im/estigation, staff contin,ues ..m recon~-nend that any ccmnecfion tx~'tween Piper'Boulevard ~md Strand Boulevard dic£atr, x.l by itu: location of Tract "B" in Carlton Lakes, be a pedestnan/bic,ycl-ist path,way and not be used.for motorized vehicles. A connection located immediately north of the Cocoh'atchee Canal wilt only exacerbate an already .congested intersection of Strand Boulevard and Immokalee Road. A si-milar situation presently exists at the intersections of Piper Boulevard .and Pahn River Boulevard, Airport Road and Euclid Avenue. It also existed at Piper Boulevard and Lakeland Avenue until the removal of the Lakeland Avenue culverts. The major factor associated with the foregoing intersections that permits them to function reasonably well, given the constrained intersection geometry, is the very low volume of traffic using Piper Boulevard. This issue was discussed at length in the consultant's report presented at the December 14, 1999, Board meeting. Mention was made at the December 14, 1999, Board meeting that perhaps Collier County's eminent domain power could be used to wrest an easement or fee interest in The Strand's Tract "D". Staff opines that an eminent domain action, in this case, may not prevail, given that our own studies indicate that such a connection is not necessary. Further, alternate access by the public to the public road (Strand Boulevard) is available via an existing arterial roadway (lmmokalee Road). Staff is not confident that sufficient representations related to public necessity are available. Staff's Findings and Recommendations: ~ ~,c ~ ut ugu] ng 'm~ oil nauun p] u v ]uus bac~g[ um]u with respect to staff's findings and recommendations presented at the December 14, 1999, Board of ' ' ' ; ....~',"~; '- ' " b)' ~oaru ,~, o,-,,,..y ~ ......... ~,~,.,-,.~..,.~...~....=. .... ~,,~h.~. ~..,,~..n~ eo.:~t.o,. ~,.~',-,~ review, as a~rccted the ~ time, has not revealed any additional information that leads staff to a different recommendation than that presented in December; specifically', an extension of Piper Boulevard to connect with Strand Boulevard is not necessm'y as a reliever for traffic Level o[ Service on lmmokalcc Road (CR 846). Further, such an extension, with a connection at the location dictated by the location of Tract "B" in Carlton Lakes, would not be recommended by staff under any circumstances. "'"""°~"--' Backqround Information and Discussion: Carlton ~-~'"~ PUD ~"" '~ .... ' ~" ~ Pages 65-et. [an~,~ r~at. ,.~mlton L,a~.es, Unit 1 is platted at Plat Book seq. Page 65 contains the usual signatures, definitions and dedications. Among the dedications is Note No. 9. Note No. 9 states: "Tract "B", as shown herein, may be utilized for landscaping, signage or for Public Road Right-Of-Way purposes. Tract "B" will be maintained by the Carlton Lakes Master Association, Inc., with Collier county not being responsible for maintenance of said Tract "B" unless Tract "B" is dedicated as a Public Road Right-Of-Way."[Emphasis Added] Executive Summary Report to the Board on Piper Boulevard Extension Page 3 of 4 Page 66 of the subject plat contains a map of the entire area to be platted and a Key Map showing which portions of the plat are on which following page. In the Key Map and on the following pages, Tract "B" is shown as "Community Identification Tract (60')". Attachment No. 1 is a copy of the pertinent portion of this .plat. Carlton LaRes PUD Zoning Document: The Carlton Lakes PUD was initially rezoned fro.m "A" 1:o "PUD" in 1988 (PUD 88-56). Subsequently, 'there were four revisions to the .zoning: in 1992 .(PDT)92-48); .in i994 .(P~UD 94-60); in 1995 (PDT) 95-35); .and, .in 1999 (PUD 99-75). In each of the PUD zoning documents, there is a section entitled "TRANSPORTATION". That section contains various stipulations and requirements of the developer. The original PUD required that a sidewalk be constructed along Immokalee Road "...either north or south of the canal..." In the first change (from PUD 88-56 to PUD 92-48) mention is made of the potential extension of Piper Boulevard. Specifically, Item "M" of those stipulations states: "If Piper Boulevard is extended through the subject property, the property owner will dedicate the necessary right-of-way for that road extension through the Carlton Lakes PUD. In the event of this road extension, the PUD Commercial Tract shall be allowed to be modified so as to maintain its existing size - 7 acres." [Emphasis Added]. The document was changed again in going from PUD 92-48 to PUD 94-60. PUD 94-60 eliminated the sidewalk requirement cited above and included more detailed stipulations regarding a potential future Piper Boulevard Extension (Item H. 1 through H.7). These seven sub-paragraphs detail the terms and conditions to be followed, if a dedication is PUD 9%75) parallel the stipulations as set fo]lh in PUD 94-60. Attachment No. 2 are copies of the pe~inent pod!ions of these PL~ documents. right-of-way is constrained to ,ano~pm~, signagc and architectural community identity until such time as i, m,y h~ used f,,~ ,~ ,-,,adw%, Fnrthpr ~iqr',,qqi~n wi!! follax,/hpl~u/ after Strand PUD Plat: The Strand dedicated Strand Boulevard to the public in its plat at Plat Book 28, Page 58-et. seq. In addition, a separate tract, Tract "D", was also platted as a Landscape Buffer Easement/~ T>r:-, ~,,~,~/and a Common Utility Easement (CC~). This LBE/CUE is dedicated to the Pelican Strand Master Property Owners' Association, !nc. Tract "D" is situated between the westerly right-of-way line of Strand Boulevard and the Carlton Lakes Ol lltl~ ~I~ )~itc. ~ HC pFCSC~CC presentsa ~tt~t~lty i~ connecting any roadway or pathway between Carlton Lakes and lne 3trand. Collier County such roadway/pathway extension and connection to Strand Boulevard. Attachment No. 3 is a copy of the pertinent portion of this plat. Executive Summary Report to the Board on Piper Boulevard Extension Page 4 of 4 FISCAL IMPACT: None at this time. If staff is directed to pursue the pathway and connection, it will be re. commended along with other capital projects in the next budget cycle and will compete with other priorities. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board acccpt thc staff and consultant findings; thal staff be directed to pursue an easement or fee title across the Carlton Lakes Tract "B" and The Strand Tract "D" for a pathway along the Carlton Lakes frontage/or inclusI List of Potential Projects. .on in the FY 2001 Capital Projects / - ~ .n // x i" PREPARED BY: ~ ::-'~,:-:. , v:.~-.~-.:~," DATE: :' '" Edward~~J. Kant, p.~/T~~ation~s~~ ff Director ~ff ~ APPROVED BY: ,/ ~n '//-'? DAT .)/ ~d N., , Interi~'P'[tblic Work~ Administrator / ~tttICIIIIIUIItS. iNU. I -- r~ltlOll of Cm-lton Lakes Plat No. 2 - Portion of Carlton Lakes Zoning document No. 3 - Portion of The Strand Plat (flxa Pelican Strand) EAST SH££T 1 OF $ t',NO~% AiL MEN UY tt,£5E Pt?E$£,",,;F thrJt NIC Deveio~mc'*,t tlu. ~ ~.~or:,jc ,~rr',;t~d po~ (~m'rsh~, t~e o~crs of ibc fonds to be r.~,jc c.~d du hereby d~d~c~te the streets, roads C'ofHor~ .' ~kcs M~s~t Asso~ ot,on, mc ~'~f: Coti~er '~ote n~u~Oer ~O os '~ U([hty [cSerner~( {U ~] (or (he ourDos(' fcc,/,h'e5. /)rEly,cleo clJ uses b.y suc~ bt~t,'f~ ~,rov,UC'S ~t;,',l} ecl~,~n~e,~(S shoi.~ t;e uceJed tO' {c' ,rr County dnd'S, cpc burro' ecSct~iC' ~ (L.~ (' f. t:5 r~(~ed ,n gorge,c, ~ /rcc[s "CI" croci "C2" as 5hr)wn he.'eOn ore hereby dedicated t~urr~Oe, ~ ir(loiS 'C'I" gnu "C'2" ~d,' be m'~ato/Y ":L' !" and ,.:S C i~ubi c i~ood l~,'Gt t (If-Why I · ,, ~,~ ':,,j,Z'~;,J,~';~.,7%~, 7~;;L '~ ~' ~"/-~ ,. ~.~ U' ! SHEET INDEX MAP AND M.E TTOF8 T~ACT '0' (LAKE) 80F8 ;R AC T 'D" II SHEET 3 OF T~ACT 'F' ~ TRACt 'M' I (LAKE) /I A.E. ~[ TRACT 'G' 8 ORDINANCE NO. 88-56 Page 1 of 2 6.05 TRANSPORTATION The agreed upon stipulations Engineers are as follows: of the County_ Tr=~c-==' on I~okalee Road at the project entranc~ ~ developer shall be reponsible for the cost int~r~e~+ion~ ~ modifications upon the .~ laninc I~oka-1 ee Road· The developer shall provide left and right turn lanes on Livingston Road at the project entrances and shall be resoonsib!e for the cost of intersection modifications upon the four laning cf that road. C o The developer shall provide a fair share contribution toward the capital cost of a traffic signal 'on Im3nokalee Road at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. Ail acc~== =ha~ be in ~u,,uliance with Ordinance or revisions thereof. f o ***= ..... u=¥=Cup=~ ~=hall p~ovzae arte~iai- zeve± streem lighting at~eac'h project ehtrande.'- ,'~=,,u=~ u,~ Uniform Traffic Devices (Chapter 316.0747, Florida Statutes). ~,:== zmprovements are considered site related': as ........... :~ ~.~=~ ~ees required that ordinance. A sidewalk shall be_ provided aloh9 the frontage of ......... ~ or south n~ ~he Immok~]e~ ~n~H ~n~ may be located nor~ canal. The "main" road shall' be designed as a minor collector on the south--- ,,~-~f cf the project. (the portion through the CH, MF, Rec & Commercial areas). A pedestrian/bike oath system ~h~]l ho ~=~c~ ~ ~-ho project and submitted to c~llier ~,,-~,, '~ing ........... ~,,~ 'Plan~ D~tment a-~,~ Engineering Department~ for their review ORDINANCE NO. 88-56 Page 2 of 2 and approval. Upon approval this plan -~! ~r~H~ the Subdivision Regulation 'requirements for sidewalk construction along internal roadways. T~e direct access to Immokalee Koad shall be directly c'o~n~cte~ t~ the internal ~r~a~i~ and .sha!_] be provided wit~ sidewalks on both The Master Plan shows "bridges" and "islands" on the roads.. All such structures shall be constructed in accordanc~ with th~ County Engineer's review and approval. 6.06 UTILITIES The agreed upon stipulations of the County Utilities Engineer.s per their memorandum dated September 30, 1987 are as follows: Water and Sewer 1) Water distribution and sewag~ collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities '~- ~= t~ ~bts-mf-wav within construc%~ wz~, t or utility ~a£ements recui~o~ ¼u ~h~ County shall be ConVeye~to' the County ~or ownership, operation and maintaimance purposes pursuant to appropriate County. ~-~.~__~ ..... ~ ~ __r~gulation~ _~n effect at the time of conveyance. ~ wa~o~. _~nd sewer facilities_ constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the ~ .... ~ h~ assigns or successors Upon Compi~iion -= u~ ~ongtructien of thF water and sewer facilities within the project, the facilities will be tested to insure they meet~lier Cm,nty's~_.._ utility constructi.on requirements in %fleet at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the uti!ltv facilities shall be conveyed the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance requested. 6-6 · tAI]'AC~MFNT NO. -> ..... or _Z3_ T?~SPORTATION ORDINANCE NO. 92-4~ The agreed upon s ~ ,.~ ~ Page 1 of 1 are as follows: t~p~a~.ons of the Count}, Traffic Engineers a. The developer shall provide left and right turn lanes Immokalee ~oad at the project entrance. The developer shall be responsible for the cost of intersection modifications upon the four laning of Immokalee Road. bo The developer'shall provide laf~ and right tur~ lanes on Livingston Road at the proj~_c~ ~atranc~ and ~hall~ responsible for"the cost of intersection .modif~ti~R~ upon ~he Tour l~ning o,f ~ ~ 6-3 The developer shall provide a fair shmre contribution toward the caoital cost of a 5raffic signal on Immokalee Road at the t~e project entrance when ~eemed warranted by the County Engineer. The signal will be owned, operated and zaintained by Collier County. Ail access shall be in compliance with ordinance 82-91 or revisions ~hereof. The developer shall provide arterial level street lighting at each project entrance. All +~=~-~---~ ........ ~,,~,~x devices used shall comply with the Manual on Uniform Traffic Devices (Chapter 316.0747, Florida Statutes. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fee,'required by that ordinance. A sidewalk shall be provided along the frontage of Immokalee Road and may be located north or south of ih~ canal. The "main" road shall b~ designed as a minor collector on the south half of the pro~ect (the portion running through the CH., MF, nec & Commercial areas). project and submitted to the Project Review Services Section and Planning Smrvices Section for their review and approval. Upon approval tlnis plan shall supersede the Subdivision Code requirements for sidewalk construction along internal roadways. The direct access to Immokalee Road shall be directly connected to the internal roads and shall be provided with sidewalP~ on both sides. The Master Pia~ shows "bridges~' and "islands" on the roads. Ail such structures shall be constructed in accordance with the County Engineer's review and approval. If Piper Boulevard is.extended.through the subject~ property, the property owner will dedicate the necessary right-of-way for that road extension through the Carlton Lakes PUD. In the event' of this road extension, the PUD to maintain its existing size - ? acres. ORDINANCE NO. 94-60 Page 1 of 4 7.7 TRANSPQRTATIQ~ The development of this PUD Master Plan shall be subject to and governed by the following conditicns: A. m~=~ H=v~]ooer_ .... ~ shall be respo~sib!o for their fair share cost of i~rtersection modifications required/serving for this project. B. The developer shall provide ~e~ = ...... ~ ...... Livingston Road at the project entrances in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. C. The ~eveloper ~ha]l provide i~f% ~ the project entrance on Immokalee Road iii accordance wigh Ordinance 93-63, Work Within the Right-of-Way, as amended. The developer shall provide a fair share contribution toward the capital cost of a traffic signal(s) at any and all project entrances on i~u~okalee Road or Livingston Roads when~ and if, warranted. All warrants shall be subject to analysis by the Collier County Transportation Services Division and in accordance with the County T~affic Signal System Policy. Traffic signal(s) will be owned, operated and maintained by Collier County. The developer sha!] provide arterial -~ projo~t entrance lighting at e~ ~- . level street 7-4 ATr;~ r'H uc t'JT NO. "? J J ............ __j ~ iA~ / ~ onnn . .,' I.J IJu ~ ORDINANCE NO. 94-60 Page 2 of 4 .Ail traffic "control devices used shall comply with the Manu-~l ~n ~nifo~-m Traffic Devices (~Section 316.~0747, ~!orid'a ~tatut~ ) ~ ~he above improvements are considered "site related" as defined by ordinance and shall not be eligible for impact fee credits. If Piper Boulevard is extended through the subject property, the property owner will dedicate 60 foot o~ right-of-way for that road extensi6n through the Carlton Lakes PUD. _ This dedication, if requested, may be eligible for roadway impact fee credits. Should this dedication not be eligible for impact ~ee credits, then reimbursement from the County or third party pay~,ent shall be made at the time of dedication with consideration prorated on usage fac%or. The acreage of the potential right-of-way will not be developed with habi~abi~ ~tiucture~, h~ev~ {t may be utilized for signage and architectural communit¥~ identity structures until a roadway is actually developed. Should the property be dedicated to the County, its use__ shall be limited to. the stated r~__~~ o_f development of Piper Boulevard and related infrastructure. Any other proposed use shall require, approval by the deveiop~ u~ ===i~= .ith the approval limited to the compatibility to the proposed or developed residential com~unity and related commercial tract. The acreage of the potential right-cf-way shall be counted toward satisfaction of the open space requirements for the commercial tract. The acreage of ~he potential right-of-way may be enhanced by the developer or assigns with ~=~n~n=. such enhancement shall be exempt from native specie requirements. ~m~ "'"~+-,~f~l right-of-way shall have a wid~'~ ..... ~. (~O) feet and shall be parallel and adjace- the canal right-of-way excep~ aL the 7 ac. ccm~merc~_~l ~ract_ ,.,,=~,~ ~ ~ ~hal~. ~i be parallel to the eastern and ~~ tract boundaries ~eD~rated by ~ ........ L~...~.~.~.~ ~-~~ I I .... ~""~"r~;~,;,~ I ORDINANCE NO. 94-60 Page 3 of 4 a t0 fo~t t.!rp~ "D" landscaped buffer. This buffer shall b~ exterior to th~ commercial tract .and ~:ka.ll substitute for the required perimeter bur f~er required by the LDC for the co~ercia! development. This buffer shall be developed concurrent w£th the development 'of the .commercia! tract. The developer may elect to construct a portion of the potential Piper Boulevard extension. Such improvements shall meet the Land Development Code's development standards for a public local road and such improvements -may be eligible for roadway impact fee credits if the County requests dedication of referenced right-of-way. Should these improvements not be eligible for impact fee credits, then reimbursement from the County or third party payment shall be made at the time of dedication with consideration prorated on usage factor. s ~zm __ project This roadway segmen~u may also e_._ ~.~ _~ access for the project and corp~ercia! tract. Should the County elect to fully develop the Piper Boulevafd extension and the County require that the access point to the resident~al ~m],-m, mo-~ ~ closed, ~ eh~..~ c~n~y~ ....... wi]~ allow the Developer an access point, concurrent with ~ = ~t~ closing, as noted by the "Alternative Access .Point" location ~ on Exhibit "A" PUD Master Plan. If Livingston Road is used as access and should right-of- way, design~.~,~/~ ........... ~n~e~uction of any_ portion thereo=~ be included in the development project, such expense may be subject to road impact fee credits to the degree provided for in Ordinance 92-22, as amended. Collier county reserves the right of ~:=~ ..... ~ road median aceess control in the interests of safety and operational considerations. Median access from I~nokalee Road shall be considered tempora~f and shall be removed when reasonable access from Livingston Road becomes available. A right-in entry/right-out exit may remain if such'access meets the County's access management standards. ORDINANCE NO. 94-60 Page 4 of 4 The deve!ope~ may be eligible for impact fee credits, consistent with Ordinance 92-22, as amended, if developer chooses %o build any portion of She proposed Livingston Road. ~__l access points, whether from Immokalee Road or the future Livingston Road shall meet the ~tandar~s set forth in the County's Access Management Pol±cy~ am it may be amended or superseded. In the event public access to streets in this development is not otherwise regulated, or streets are conveyed and accepted for public use, provision shall be made to interconnect the street system to the contiguous Regency Village PUD. ORDINANCE NO. 95-35 Page ] of 3 7.7 TRAN$PORTATION The development of this PUD Minster Plan shall be subject to and ~,o emed by the following conditions: A. 'The developer shall be responsible for their fair share cost of intersection modifications requirefl/ser~ing for this projec::. The developer shall provide left mad hght .t'arn lanes, when requested by the Court .~.,, on Livingston Road at the project entrances in accordance with Ordinance 93-63. Work Within the Right-of-Way, as amended. The developer shall provide left and fight mm lanes at the project entrance on Immokalee Road, when requested by the Comqty, in accordance with Ordinance 93- 63, Work Within the Right-of-Way, as amended. The developer shall provide a fair share contribution, when requested by the C~Sunw: '" toward the capital cost of a traffic ~:~--"~ -' o,__.nait.--,] at aa-iv al-ida~i-" project entrances on Immokalee Road or Livingston Roads when, and if, warranted. Ail warrants shall be subject to analysis by the Collier County Transportation Services Division and in .....,,,.,.,_,,~,.~,,.,.-~ ...... ,,,,.':" the County Traffic Signal System Poiicv. Trai"fic signal(s) will be ov,'ned, operated and maintained by .(_-'oilier County. The deve!nr~er qhnll vrovide a~eria! level street ,,~ .......n_r em ,, All traffic control devices used shall comply v,,ith the Manual on Uniform Traffic Devices (Section 316.0747, Florida Statutes). ,_.~ ... ' ~-he a-hove ~m~rovements are considered "sim relnt~.d" shall not be eligible for impact fee credits. If Piver. Boulevard is extended .............. thrn,,oh= ...... th,- subject ~,..:,,~,',~,~'~','.,. ,,,,. '~ ......... },,o~,.,,: ov,'ner '":",, ,,, dedicate 60 foot of right-of-way [bt that road extension through the Carlton Lakes PUD, when requested by the County. This dedication, if requested, may be ,fligihp, ..... for .m',,i,vav.,.~. . impact the credits. Should this dedication not be eligible tbr impact ti:e credits, then reimbursement from the County or third party payment shall be made at the time of dedication with consideration prorated on usage lhctor. ORDINANCE NO, 95-35 Page 2 of 3 The acreage of the potential fight-of-way will not be developed with habitable structures, however it may be utilized for signage and architectural community identi~ structures until a roadway is actually developed. Shou!d-t~e v,--~ oe dedi~ed :to l,he Cou.~/, i~ts ,use sh~! ~be !imfiz~ lo me stated pm-pose ofdeve!opment of Piper Boulevard and related infrastructure. Any other proposed usc shall require approval by the developer or-assigns with the approval limited to the compatibilip' to the proposed or developed residentiai community and related commercial trac:. The acreage of the. potential right-of-way shall be counted toward satisfaction of the open space requirements for the commercial tract. The acreage of the potential right-of-way may be enhanced by the developer or assigns with landscaping; such enhancement shall be exempt from native specie requirements. The potential right-of-way shall have a width of sixty, (60) feet and shall be ,~_~r-,14 adjacent p~..,=,,., and the canal Jght-of-;vay except at ',..he ? acre cow~mercial tract where it shall be parallel to the eastern and northern tract boundaries separated by a 10 foot ~'pe 'D" landscaped buffer. This buffer shall be ~+ -: ..... ,. .......... :~ ....... .: ~.-,, -,.,..0.: .... for t~h¢ ..... :--' ' buffer requir~'d by the LDC for the commercial development. This buffer The developer may elect to construct a portion of the potential Piper Boulevard ex-tension. Such imurovements shall meet the Land Development . · , ' .~ ,..~....- . ~ : ~ - :¢-7:~ . · ,- -.. ~. Code's develooment standards for a vubhc locai road ad suCfi i'moi'~5',~;'e~icnts dedication of referenced -:~'* ^c ...... c ...~ .a,,~-u~-,,,~y. oho,~l,~ these improvements not be t ...... ~.. r~,,,,-,,, ~,, third party payment -'--" . liiilU~ d.t tile time _r a_.,:__.: ..... ...,. .... :.~ .... :^_ prorated on usage factor. This roadway segment may also se,we as a project access for the project and ~; I ,- ,--* ~I..,~.,IA i.I-.,~ ('" .... ,,, ,.u,..,.~,,m t~a,.t, o.,ou~u ,,,,. ,..,.,u,,,y elect to n.~l., Boulevard extension and the County require that the access point to the residential development be closed, then the County ,,viii allow the Developer an access point, concuxent with its closing, as noted by the "A!te_rnative Access Point" location noted on Exhibit ':A': PUD Master Plan. ORDI:ANCE NO. 95-35 Page 3 of 3 If Livingston Road is used as access and should fight-of-way, dasign an&'or construction of any portion thereof be included in the development project.' such expense may be subject to road impact fee credits to the de~ee provided for in Ordinance 92-22, '~ amended. J. Collier county reserves the right of arterial road median access control in the interests -of safety and operational .considerations. Median access from Immokalee Road shall be considered temporary and shall be removed when reasonable access from Livingston Road becomes available. A fight- in entry/right-out exit may remain if such access meets the County's access management standards. M? The developer may be eligible for impact fee credits, consistent with.~' 'c[~.~:~ff.;:? 22, as amended, if developer chooses to build any portion of the propOsed. Road. ' '~J4 All access points, whether from Immokalee Road or the future Livingston Road;~;hall meet the standards set forth in the County's Access Management Policy, as it may be mmended or superseded. . ,. . In the event public access to streets in this development is not ouherwise,-,~'a'":'~'~.~,,.,~. · ....... ~' conveyed mad accevted for vublic use. ? ,,' ;,~,, shall, aT mtercormect .t..,~ .... street system ~ ~.~t'~ connguous Regency · --~s,- -~. 7.7 TRANSPORTATION ORDINANCE NO. Page 1 of 3 99-75 The development of this PUD Master Plan shall be subject to and governed by the following conditions: The developer shall be responsible for its fair share cost of intersection modifications requiredlserving for ~his proje~*.~ Bo The developer shall provide let~ and right turn lanes, when requested by *&e County, on Livingston Road at ~the project entrances in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. The developer shall provide left and right turn lanes at the project entrance on lmmokalee Road, when requested by the County, in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. Do The developer shall provide a fair share contribution, when requested by the County, toward the capital cost of a traffic signal(s) at any and all project entrances on ImmOkalee Road or Livingston Roads when, and if, wan-~ted. All warrants shal. l.be subject to analysis by the Collier County Transpo.~tion Servic~_~ Div~iou and in accordance with the County Traffic Signal System Policy. Traffic sigrml(s) v.411 be nv, reed, operated and maintained by Collier County. The developer shall provide arterial level street lighting at each project .....en~a~ncc prior to thc issuance of the fa-st Certificate of Occupancy.. Ail traffic control devices used s _~_11 enmnlv with th~, M'..,,aI ,-,- Uniform Tm_ff,.c DeMce~ (S~.fion 316.0747, Florida Smmms). Toe above Lmprovements ~ considered "rite related" as defined by ord~ and sh~ ~t ~ eli~l¢ for impac~ fee credits. ff Piper Bou!.,~w._,'d ~ _~--~_~'-aded ',.~-o-agh th~ m~bjeet pwperty, tho im'oi~a'ty owner will dedicate 60 foot of right-of-way for that road extenaion through ~he Ca_~dton Lake~ PUD, wh~ ~ by the County. This dedication, if requital, n~y b~ eligible for roadway impa~ f~ eredit~, b'"aould th~ dedication no~ be eligible for impa~ f~ 74 o ORDINANCE NO. 99-75 Page 2 of 3 cred_i~ then ~imbursemcnt from the County or third party payment shah be made at the time of dedication with consideration prorated on the usage factor. The acreage of the potential fight-of-way will not be developed with habitable structures, however itmay'be utilizedl l'or signage and'archkemural community identity structures until a roadway is actually developed. Should~he property be dedicated to the County, its use.Shall be limited 'to~the stated 'purpose of development of Piper Boulevard and related infrastructure. Any other proposed use shall require approval by the developer or assigns with the approval limited to the compatibility to the proposed or developed residential community and related commercial tract. The acreage of the potential right-of-way shall be counted toward satisfaction of the open space requirements for the commercial tract. The acreage of the po.t,ential _right-of-way may be enhanced by the ~developer or its assighs withiandscaping; such enhan__cem, ent ~&all bc exempt fi-om native srm~cies requirements. The pttenfia! right-o_ f-w'ay shall have a width of sixty (60) feet and shall be parallel and adjacent the _canal rig.ht~of-way except at the 7 acre commercial tract where it shall be parallel to the e~tem and northern tract boundaries separated by a I0 foot Type "D" landscape buffer. This buffer $_ho~l_!l ~ ex~4~r to '~ ~ tract ~ ~h.tl be a ~'abo~dru~e, f~ ~h~. requhaxi perim~ buffer required by the Land Development Code for '...~ ~m,-n~:ial development. ~ buffer shall be developed concurrent with the d~e!opm,,mt of th~ ~ommercial Watt. The dcvel~ may elect to constm~ a portion of the poemtial Piper Boulevard cxtcasiom Such i ,mrn'ovemcn~s shall moat tl~ La_m! D~¢lopm~t Code's development standards for a publio local road and ax~ improvements may be eligible for roadway impact fee ctedita ffthe County r~qu~'~ dedi~.fion of~h~ ~' refa-eaced right-of-way. Should thoro improvemeat~ no~ b~ eligible for impact fee credits, then re;ambumememt from ti~ Ceun~, or fi~rd party payment shall be made at the time of the dedimfion wi~ consideration prorated on the usage factor. ORDINANCE NO. 99-75 Page 3 of 3 · 'D, ds roadway segment may also serve as a project a~s for Se project and commercial ~ct. Should the County elect to fully develop the Piper Boulevard extension and the County require f the access point to the residential development be closed, then th~. Couno- will allow the Developer an access point, concurrent with its closing, as noted by the "Alternative Access Point" location noted-on Exhibi~ "A" PUD Master Plan. Ko Ne tfLivingston Road is userl as access and should right-of-way, design and/or'construction of any portion thereof be included in the development project, such expense may be subject to road impact fee credits to the degree provided for in Ordinance 92-22, as amended. Collier County reserves the right of arterial road median access control in the interests of safety and operational considerations. Median access from Immokalee Road shall be considered temporary and shall be removed when reasonable access from Livingston Road becomes available. A right-in entry/right-out exit may remain if sach access meets the County's access management standards. ~,uv~ may be eligible for im~ct f~ ~iU, consmt,mt w~th Ordinan$-e 92-22, as amended, if developer chooses to build any portion of the prop~at Livingston Road. Ail access points, wheth~ fi'om Immokalee Road or the furore Livingston · ,,.,,~,., ~nau meet the standards set forth in the Counts Ac. caz~.~ .: Managemem Policy, as it may be amended or _supea'sefie& In the event public am to streets in ~ds development is not_ otherw/._'se regulated, or s_~ ~m conveyed and ace, epted for public ase, provision _~hal_/be mm__~l,te ~ ~t.~'~'~,--",,ne~. the s~reet ~Tstem to the mntlguouus Regency Village PUD. TRACT G " TRACT B - "" 260 OO ~ TRACT b LO~ 2 EXECUTIVE SUMMARY APPROVAL OF THE MEDIAN LANDSCAPE BEAUTIFICATION AGREEMENT WITH 951 LAND HOLDINGS JOINT VENTURE OBJECTIVE: Obtain Board of County Commissioners approval of the State Road 951 Median Beautification Agreement with 951 Land Holdings Joint Venture for the median landscaping of State Road 951 near the Fiddler's Creek development. CONSIDERATIONS: Collier County's "Streetscape Master Plan" identifies the segment of State Road 951 between Manatee Road and Mainsail Drive to be designated for roadway beautification. The original Master Plan schedule calls for this segment to be completed in the Fiscal Year 2007 time frame. 951 Land Holdings Joint Venture ("Fiddler's Creek") has proposed to beautify approximately .71 miles of median in front of the Fiddler's Creek development (see Attachment 1). This proposed project falls within the Manatee Road to Mainsail Drive segment. The Board discussed the Streetscape Master Plan at its June 19, 1999 budget workshop. During that discussion staff explained that the Fiddler's Creek project was requested, but did not recommend County funding, Staff recommended that if 100% private construction funding became available, the County could consider participating by funding Maintenance of the beautified median after it was completed. The proposed State Road 951 Median Beautification Agreement enclosed herewith is consistent with that June discussion. The proposed State Road 951 Median Beautification Agreement specifies that Fiddler's Creek will provide and pay for all costs of landscape design, permitting, utility extension and impact fees, project construction, and reimbursements to the County up to $21,600 for project maintenance. The project's design does not yet fully incorporate the County's design review requirements. As time is of the essence, the parties to the agreement have incorporated the County's design review requirements therein for inclusion in the final project construction drawings. Because maintaining this project is not included in the FY 00 budget, Fiddler's Creek has agreed to contribute one-half of maintenance costs up to $21,600 to the County to offset a portion of maintenance costs planned to be incurred in FY 00. The County will provide actual services and fund one-half of maintenance costs or approximately $21,600. The County will budget and fund 100% of maintenance commencing October 1, 2000. 4. It is planned that construction will be substantially complete within 180 days of receipt of the Florida Department of Transportation right-of-way permit. 5. The Agreement is attached for review (see Attachment 2). JAN 2 § 2000 FISCAL IMPACT: Maintenance costs for this project are not budgeted. Per the Agreement, the County will be responsible for maintenance of the project commencing October 1, 2000. Funds for maintenance will be provided through Road Maintenance District 3 and will be incorporated into the FY 01 budget. Annual maintenance for the project is estimated to be between $55,000 and $75,000. Maintenance funding from the date of project completion through September 30, 2000 will be jointly funded by Fiddler's Creek and the County. The total estimated maintenance cost for the period March 1, 2000 through September 30, 2000 is $43,200. The County will perform or contract to perform required project maintenance and Fiddler's Creek will reimburse one-half of maintenance costs up to $21,600. The County's share of FY 00 maintenance funding, $21,600, will need to come from Road Maintenance District 3 Fund reserves. A budget amendment recognizing the Fiddler's Creek reimbursement and moving $21,600 from reserves will be required. The Road District 3 maintenance budget will be increased by a total of $43,200. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATIONS: That the Board of County Commissioners approve the State Road 951 Median Beautification Agreement and authorize the Chairman to execute the agreement, approve necessary budget amendments and direct staff to record the Agreement in the Public Records of Collier County. APPROVED ~' ~-/ .~.~ J DATE, ~dward N. Finn, Interim Public Works Division A JAN 2 5 2000 Attac~ent 1 SR 951 at Fiddler's Creek Landscape Beautification Project, PROJECT LOCATION PROJECT LOCATION END PROJECT STA_ M.P. 7.C-65 BEG lan PROJECT ST~ 26~45 M.P.~ I83 JAN 2 5 2000 (Attachment 2 to Executive Summary) STATE ROAD 951 MEDIAN BEAUTIFICATION AGREEMENT This State Road 951 Median Beautification Agreement entered into this day of ,2000, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "COUNTY"), and Gulf Bay 100 Ltd., a Florida Limited Partnership, by Gulf Bay 100, Inc. a Florida corporation and its general partner, doing business as 951 Land Holdings Joint Venture, a Florida joint venture, (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER desires to improve certain roadway medians on State Road 951 in order to benefit its development; and WHEREAS, COUNTY has a policy of supporting median beautification if it benefits the COUNTY; and WHEREAS, COUNTY agrees to accept OWNER'S proposal to improve 1.13 square acres of medians within the State of Florida Department of Transportation, State Road 951 road right-of-way; and WHEREAS, COUNTY has a history of supporting public-private partnerships sharing the costs of construction and maintenance of median improvements with private sector proponents of right-of-way beautification. NOW, THEREFORE, THE COUNTY AND THE OWNER AGREE AS FOLLOWS: OWNER agrees to perform (or cause to be performed) all work in connection with the Median Beautification Program for State Road 951 (the "Project"), as said work is set forth in the plans and specifications prepared by Botner Land Design and other contract documents hereinafter specified. SECTION 1. CONTRACT DOCUMENTS The contract documents consist of the Agreement and the Exhibits described in Section 4 hereof (hereinafter collectively referred to as the "Contract Documents"). All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement. SECTION 2. SCOPE OF WORK A. OWNER agrees to provide and pay for all costs of landscape design and permitting services, provided in furtherance of this Agreement and will at no cost to the County obtain a Florida Department of Transportation right-of-way Permit(s). JAN 2 5 2000 B. OWNER agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. C. OWNER agrees to pay to the COUNTY, each month, one half of the County's monthly maintenance costs, but no such monthly payment shall exceed $3,085 (estimated to be ½ of $6,171 each month) and the total of such payments to the COUNTY shall not exceed $21,600. The maintenance period will commence upon final acceptance of construction work through September 30, 2000. D. COUNTY agrees to be responsible for maintenance costs of the project commencing October 1, 2000. E. COUNTY will allow irrigation connections to the County's water main located on SR 951 with said connections to be made at no cost to the County and upon impact fees having been paid by OWNER in accordance with Ordinance No. 97-48 as amended. SECTION 3. CONSTRUCTION SCHEDULE. A. The Construction Work shall be substantially complete within one hundred and eighty (180) calendar days from the date that the Florida Department of Transportation right-of-way permit is received. The date of completed and final acceptance of the Construction Work will be established by the COUNTY's Project Manager when construction is fully completed in accordance with the Contract Documents for the use for which it is intended. Within ten (10) days of OWNER's notification to COUNTY's Project Manager that the improvements are substantially complete, the Project Manager shall inspect the project and grant final acceptance or notify OWNER of any deficiencies. Final acceptance/approval will not be granted until all deficiencies have been corrected. B. The Maintenance Services shall begin upon final acceptance of the Construction Work by the COUNTY's Project Manager and shall be funded jointly by the OWNER and the COUNTY for a period through September 30, 2000. C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by Florida_such day shall be omitted form the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. SECTION 4. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Insurance Requirements General Maintenance Schedule Construction Work Plans and Specifications County Design Review Requirements JAN ¢ 2000 SECTION 5. NOTICES A. All notices required or made pursuant to this Agreement by the OWNER to the COUNTY shall be made in writing and delivered by hand or by United States Postal Service Department first class mail, postage prepaid, return receipt requested, addressed to the following: Transportation Services Director Collier County Government Center 3301 Tamiami Trail East Naples, Florida 34112 B. All notices required or made pursuant to this Agreement by the COUNTY to OWNER shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: 951 Land Holdings Joint Venture Attn: Aubrey J. Ferrao and John Hayes 4001 Tamiami Trail North Suite 350 Naples, Florida 34103 With a copy to: Joseph Livio Parisi, Esq. 4001 Tamiami Trail North Suite 350 Naples, Florida 34103 C. Either party may change its above-noted address by giving written notice to the other party in accordance with the requirements of this section. SECTION 6. MODIFICATION No modification or change to this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. SECTION 7. SUCCESSORS AND ASSIGNS Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. SECTION 8. INDEMNIFICATION. In consideration often dollars ($10.00), the receipt and sufficiency of which is accepted through the execution of this Agreement by its authorized signatory below, the OWNER shall protect, defend, indemnify and hold the COUNTY and its employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, or error or omission of the OWNER, its agents or employees arising out of or incidental to its performance under this Agreement. SECTION 9. GOVERNING LAW The Agreement shall be interpreted under, and its performance governed by, the laws of the State of Florida. SECTION 10. NO WAIVER The failure of either party to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. SECTION 11. ENTIRE AGREEMENT Each of the parties hereto agrees and represents that this Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding or any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by this Agreement. This Agreement shall become effective upon execution by the Chairman of the Board of County Commissioners and attestation by the Clerk. SECTION 12. SEVERABILITY Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. below. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated OWNER 951 LAND HOLDINGS JOINT VENTURE By: Gulf Bay 100, LTD.; By: Gulf Bay 100, Inc., its general parmer WITNESSES: By: Aubrey J. Ferrao, President (Typed or printed Name) (Typed or printed Name) JAN 2OOO ,t.. ., ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk COUNTY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency; Thomas C. Palmer Assistant County Attomey G: Agreement/CR 951 Final JAN ?~§ ~000 COUNTY ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency; Thomas C. Palmer Assistant County Attorney G: Agreement/CR 951Final JAN 2 5 2000 Exhibit A Collier County Florida Insurance Reauirements INSURANCE TYPE REQUIRED LIMITS 1. Workers' Compensation Statutory Limits of Fk)rida Statutes Chapter 440 & all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident. X 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O. form with no limiting endorsements. Bodily Injury & Property Damage $ t,000,000 Single Limit Per Occurrence (A) Watercraft Liability coverage shall be carried at the iimits shown above if applicable to the completion of the work under this Agreement. X Applicable __ Not Applicable X X Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and alt costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by an employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed bY any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. 4. Automobile Liability $ 500.000 Owned/Non-owned/Hired Automobile Included ; 5. Other Insuranbe as indicated below: a) Professional Liability $ N/A b) Builder's Risk $ N/A Each Occurrence JAN kS 2000 Collier County Florida Insurance Requirements (Continued) X Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. (A) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable __ Not Applicable (B) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. X Applicable __ Not Applicable X 7. Collier county must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X X X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 9. Thirty (30) Days Cancellation Notice is required. 10. The Certificate must state the Bid Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent, JAN 2 5 2000 O0+~;L~: '¥.LS :~qI"I HD£V~t 00+05~ '¥Z$ ~]NI"I HD.L'q~ O0+~;LZ: 'V. LS ~_NI"I ,, "~'~"A~f'~ I JAN 2 5 200O I ,, ,~ ~ ' ~ -- , ~ :::-: !. ~ , t I 0~6~ 'ViS ~ HDi~ 00+~6~ 'ViS ~ JAN 2 5 2000 S~ON: 'S"LI'V. 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I o · iui!l t:it1, ~iitll LI-1 LI-2 L[-3 LI4 LI-5 LI-6 LIo7 LI-$ LI-9 LI-10 LI-11 LI-12 L[-13 LI-14 LI-15 LI-16 LI-17 LI-I$ LI-19 SPECI~'ICATIONS LA-N'DSCAPE AND IRRIGATION WORK TABLE OF CONTENTS Part I - Genera/ Scope Quality Assurance Job Conditior~ Submittals Delivery, Storage and Clean-up Maintermnce Completion and Acceptance WarrantT Part 2 Materials Back:fill Soil Mixture FertiliTer MuI:h Plant Materials Guying and Staking Materials Anti-Desiccant Herbicides Tree Wound Dressing .Page Number 6-1 6-1 6-2 6-2 - 6-3 6-3 6~3 - 6-4 6-4' 6-4 - 6-5 6-5 6-5 6-5 - 6-6 6-6 6-6 - 6-$ 6-8 6-8 6-8 6-8 SECTION 6 SPECIFICATIONS LANDSCAPE AND I]~IGATION WO1R~ T. ABLE OF CONTENTS - CONTENTJED LI-20 L!-21 L[-22 LI-23 LI-24 LI-25 LI-26 Super Absorbent Polymer Part 3 - Execution Coordination or Work General Preparation Soil Preparation Existing Vegetation Tree, Skrub and Ground Cover Planting Basis of Pa2,Tnent Page Number 6-9 60 6-9 6-I0 6-I0 -6-12 6-12 SECTION' PART I LI-I LI-I.I L[-2 L[-2.1 LI-2.2 L[-2.3 L[-2.4 LI-3 LI-3.1 LI-3.2 LI-3.3 LI-3.4 GENE RA.L D~"I'SION LI- L&N'DSCA.PE A_N'D ERRiGATION WOR. K SCOPE Provide aLI plants, rn. aterials, tools, eq,aipmeat, labor and sen-ices nect's.taO' to complete uhe l~.:tscal~ v,'ork ~,"td related wor',c ~s incticate<l on the drawings a'nd in these Speci. fications. .,OUALITY AS S UIR_4..N' C E Installer q'~li.ficadons: ln_.~ller sl:ml[ be a firm s-'~:ializing in lands,rope work with not less th. an five (5))'ears or' ex'perieace irtstalling landscape work on projects similar in sc. ate to th. is project. Creneral: Skip landscape materials 's,,'itl't certificates or' inspection required by governing authorities. Comply with regulations applicable to landsca~ materials. Grades and Standards: Ail plant material furnished by the CONTRACTOR un.less otherv,'ise spt.~ified shaI~ be Florida NO. 1 or better in accordance with "GRADES A.N'D STA_N'D.-%P, DS FOR N'U'RSERY PL.MX,'TSTM, parts I and 2, published by Florida Department of A~-i~lmre, Division of Plant IndustE,', Gainesville, Florida. Provide he.akhy, ,,-igorous stock, gro~m in reco~tized nurse~ standards in accordance with good horticuhuraI pta:rice and fr~ ordis, ea.se, insects, eggs, lan'ne and detects such as kmocs, sun s,:a!~ injuries, abrasions, or disfigurement. Anah'sis and Standards: Package s"madard products ~ith manufa,.-x'urer's certified analysis. For other materials, provi6e a.~ysis ID' r~o~ized laboratory made in azcor~nce with methods es'cablished I~- the Association otOfficial A,,.~'icuh'm'e Chemists, where'ver applicable. JOB CONDITIONS Examination of site: Thc bidder must ack..nowledge that hc has examined the site, plans and specifications and the submission of'a quota:ion s,Mll be considered evidence that examinations have been made. l'Ze bidder sMIl ,,'eriE)' availabilitT ct' rrmterials prior to submittal ct'bid. Field Conditions: The CONTRACTOR s,haa..ll veri~' d.~',,dng dimensio~ with acma! F.,eld condi:ior',s and in.spect relat~ work and adja:ent surfa~s. The CONTRACTOR s.",a!I re~r~ to the Landscape A. rc. Nt~ ~I1 conditions wki:h pre,'eat proper execution of' ~ork SR 051 FIDDLER'S CREEK LAN~S~N 2 S ~000 I ~ LI-3.5 LI-3.6 LI-4 LI-4.1 L1-4.2 LI-5 LI-5.1 LI-5.2 L[-5.3 LI-5.4 LI-5.5 Utilities: Underground structures shown on the Plans are according to the best available information, but it shall be the responsibility of the CONTRACTOR to acquaint themselves with the exact location and to avoid conflict with all e.,dsting facilities. Hand excavate, as required. The CONTRACTOR shall protect existing structures and utility services and be responsible for their replacement iIdamaged by Nm. The CONTRACTOR shall verify, the accuracy of all fin/sh grades within the work area. Maintain grade stakes set by others until removal is mutually agreed upon by parties concerned SUBMITTALS Certification: Submit certificates of inspection as required by governmental authorities. Submit manufacturer's or vendors certified analysis for soil amendments and fertilizer materials. Subnfit other clam substantiating that materials comply with specified requirements, when applicable. The successful bidder shall submit a representative sample of each .type of plant material to be supplied to the job. The representative sample may be either a photo or an actual plant. Photos must be provided for each individual specimen tree, including an3' tree over 15' in height. The photos must be taken from three different an~es to show the appearance of the tree from three sides. DELIVERY, STOR.4, GE AND CLEAN-UP Packao_ed Materials: Deliver packaged materials in containers showing weigh, analysis and name of manufacturer. Protect materials from deterioration during delivery, and while stored at site. ~otection During Transportation: Ail plant material shall be protected from foliage and bark injur7 or breakage of branches. Ail plants transported by open trucks shall be adequately covered to prevent windburn, drying or damage to plants. All palm trunks shall be adequately supported so as not to damage their root balls or buds. Use of Anti-desiccant: When at an)' time between the operations of digging and completion of planting a plant is to be exposed to wind, sun, or ctrying conditions --- or s!:x~cifically when the time of planting is unseasonal -- it shall be treated with the anti- desiccant specified, in accordance with the manufacturer's directions. Wilting, drying or sun scald shall be considered reason for plant rejection. Do not drop balled and burlapped stock during dclivcry. If balled plants are dropped or othcm-isc mishandles, or if the root balls are broken prior to planting thc plant may be rejected by the Landscape Architect. Deliver field grown trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than four(4) hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap or other acceptable means of protection from dr).'ing wind and sun. All plants shall be watered as necessary until planted. Storage period shall not exceed 72 hours. The CONq"RACTOR will assume responsibility for unplantcd materials on site at all times and under ~'~" "'rc"m~"~'"~ i [~ ' & I £ N0 ..~u~~ 6-2 (LI) SR 951 FIDDLER'S CREEK LANDSC'~I~ 2 5 ~0{]~} LI-5.6 L1-5.7 LI-6 LI-6. I LI-6.2 LI-7 LI-7.1 LI-7.2 LI-7.3 LI-7.4 Do not prune trees or shrubs prior to delivery unless otherwise approved by Landscape Architect. Do not bend or bind-tie trees or shrubs in such a manner as to damage bark. break branches or destroy natural shape. Clean-up: The CONTRACTOR shall keep the premises free from accumulation of waste material, soil, and/or rubbish caused by his employees or work. CONTRACTOR shall arrange his material storage so as to not interfere with the operation of the project. CONTRACTOR shall clean behind his work immediately and shall take necessary precautions to keep concrete, brick and other paving rv~terial clean of soil. This shall include the use of' drop-cloths, etc. Damage to grades or lawns shall be repaired immectiate[y and ali debris and excess soil removed from the site. Should the CONTRACTOR fail to keep the premises in a clean satisfactory condition, the OWNER reserves the right to hire appropriate personnel to perform clean-up work and back charge the CONTRACTOR for all cost~ incurred. MAINTENANCE Begin maintenance of'plants upon deliver)' to the site. Ail plants shall be maintained by CONTRACTOR until final acceptance, Maintain trees, palms, shrubs and other plants by watering, pruning, cultivating and weed. lng as required for healthy growth. All planting areas must be weed-free at thc time of' final acceptance. Restore planting saucers. Tighten and repair stake and gw supports and reset trees and shrubs to proper grades or vertical position as required. Spray as required to keep trees and shrubs free of insects and disease. COMPLETION AND ACCEPTANCE Completion of' thc work shall mean the full and exact compliance and conformity with the provisions expressed or impIied in the drawin~ and specifications, and associated change orders. The acceptability of' all material, workmanship, labor and compliance ~-ith the specifications, grades and standards shall be solely determined by the Landscape Architect. ~jght to Reiect: The Landscape Architect shall have the right, at an)' stage of the work- to reject any and all work and materials which, in his opinion, does not meet the requirements of the plans and specifications. Rejected material shall be immediately removed from the site and acceptable material substituted in its place. Substantial Completion: Upon notification by the CONTRACTOR that the installation is complete, the Landscape Architect ~I1 perform a substantial completion site obsev,'ation to determine if the CONTRACTOR has completed the work in accordance with the plans and specifications. If'final acceptance is not given, the Landscape Architect will prepare a "punch list". The notification by the CONTRACTOR must be made at least three (3) working days before the anticipated substantial completion site observation, SR 951 FIDDLER'S CREEK LAb]E)SCJ~# 2 5 ~000 LI-7.5 LI-8 LI-8.1 LI-8.2 L1-8.3 L1-8.4 LI-8.5 L[-8.6 Final Accept2nce: Upon notification by the CONTRACTOR that all defects have been corrected, the Landscape Arcttitect will perform a final site observation. Final acceptance will be given upon satisfactory completion of all work, including ~'punch list" items. The notification by CONT'RACTOR must be made at least three (3) working days before the anticipated final site obsev;ation. WARRANTY All plant material (trees, palms, shrubs, ground covers, etc.) and planting supplies (edging, etc.) shall be. warranted for a period of not less-than one year from the date of completion of the landscape installation, with the exception of the large specimen trees, which shall be warranted for 2 years from the date of completion. The specimen trees will be noted on the plans. Landscape wkich was installed ih accordance with the drawin~ and specificatio .n..s and is damaged or destroyed through vandalism, theft or traffic, shall be replac~l by the CONTRACTOR at the CON'I'R,ACTOR'S expense through the construction period and until final acceptance. Subsequent to final acceptance ID' the Landscape Architect, the OWNER shall be responsible for the maintenance of the landscaping. It shall be understood that in accordance with the terms of the warranty the CONTRACTOR must promptly irfform the OWNER i.f proper maintenance is not being given to the installation. Inspections by CONTRACTOR o1' the job shall be made during the warranty period to determine if proper maintenance is being given. The CONTRACTOR shall provide a written report on the condition of the plant material each month for the first 3 months following final acceptance. After the 3 month period, the CONTRACTOR shall provide a report on a quarterly basis through the remain/rig warranty period. The report shall be submitted to the Owner, with a copy to the Landscape Architect. At the end of the warrant' period, inspections shall be ma&jointly by the OWNER, Land.scape Architect and CONTRACTOR. All plants not in a healthy growing condition shall be removed and replaced with plants ora like kind and size, except for defects resulting from neglect ID' OW'NER, abuse or damage ID' others, or unusual phenomena or incidents which are beyond CONTRACTOR'S control. All replacement stock shall be subject to the same warrantT requirements as the original stock. Any damage due to replacement operations shall be repaired bv the CONTRACTOR. PART 2 LI-9 LI-9 1 MATERIALS QUANTITIES All quantities indicated on the plans are intended as a guide for the BIDDERS and docs not relieve thc BIDDER of his responsibility to do a comprehensive plant take-off. 6-4 (LI) NO. SR ,DD ER'S CREE LA S ' {t 2 BOTNER LAND DESICIN P~. ~ LI-9.2 Ll-10 LI-10.1 LI-10.2 Ll-10.3: LI-10.4 Ll-ll LI~II.I LI-11.2 Ll-12 Ll-12.1 LI-12.2 After receipt of bids, prices for any quantities added to or deleted from the bid schedule by the Landscape Architect xvill be negotiated between the CONTRACTOR and OWNER. TOPSOIL For all landscape areas, the CONTRACTOR shall provide and install topsoil as defined on.the drawings or within the contrac~ bid forms. Topsoil shall be fertile, natural topsoil, typical of the locality, oNained from a well- drained site. It shall be without admixture of subsoil or cla)' and shall be free offs'tones, lumps, sticks, plants or their roo~, toxic substances or other extraneous matter that may be harmful to plant growth or would interfere with future maintenance. Topsoil shall contain at least two percent (2%) ot'orgarfic matter and shall have a pH range of 7.0 - 8.2. Soil testing: The CONTRACTOR shall be responsible for having topsoil tested. Representative samples are to be tested for acidity, fertility and general composition by a recognized commercial or government agency. The CONTRACTOR shall furnish one ( 1 ) copy of' the soil analysis and rocommended amendments (to meet the desired pH, nutritional and organic levels determined to be adequate for the area) prepared by the testing agency, to the Landscape Architect prior to application of any amendments or fertilizer. BACKFILL SOIL MEKTURE CONTRACTOR shall provide backfill soil mixture for all trees, shrubs and ground c. overs, Back:fill mixture: 80% - Topsoil (existing soil, if acceptable, or topsoil provided by CONTRACTOR). 20% - Planting Soil amendments, which shall consist of 50% peat and 50% composted pine bark fines. FERTILIZER For trees, palms, shrubs and ground covers the CONTRACTOR shall provide and install fertilizer. All fertilizers shall be uniform in composition, free flowing and suitable for application by mechanical spreader eq~.dpment. Fertilizers shall be delivered to the site fully labeled according to applicable State Fertilizer Laws, The following in/'ormation shall be shown on the fertilizer bag or package or on a tag: Name and address o[' mantffacmrer. SR 951 BOTNER LAND DESIGI. PI; q.~ FIDDLER'S CREEK LAI',~DSC~ 2 5 ~0~ LI-12.3 LI-13 LI-13.1 LI-14 LI-14.1 LI-14-2 LI-14-3 LI-14.4 Name, brand or trademark. 3. Number of net pounds of ready m/xed material in the pac -kage. 4. Chemical composition or analysis. 5. Guarantee of analysis. Ifa brand or grade of fertilizer is delivered in the I~fik, a written statement having the above listed information must accompany each load. Fertilizer Formulation: Trees, shrubs, and ground covers shall have a 84-8 analysis fertilizer containing a minimum of 2% magnesium, 2% water soluble magnesium, 2% mangenese, 2% iron, and quantities of other secondaries. A minimum of 4.85 units shall be slow release nitrogen and 2.45 units slow release potash. Palms shall have 13-3-13 analysis fertilizer containing a minimum of 5% magnesium, 5% water soluble magnesium, 1.5% manganese, 1.5% iron, and other secondaries. A minimum of'4.85 units shall be slow release nitrogen and 2.45 units slow release potash. No substitutions shall be made without notification to and acceptance by the Landscape Architect. The CONTRACTOR shall submit, fertilizer labels to the Landscape Architect, defining the guaranteed analysis of the proposed substitution. MULCH Mulch material shall be the type and grade as indicated on the drawing, Mulch shall be ora relative uniform particle size, and shall be free or' sticks, stones, leaves, weed seed and any other debris. PLANT MATERIALS Summary of Materials Lists: An itemized list ofplats is shown on the drawings and complete requirements for these plants are part &these spcx:ificatiora. Species and var/ety as specified on the draftings and delivered to the site shall be certified true to their genus, species and variet)' and as defined within the current edition of International Code of Nomenclature for Cultivated Planes, issued by the International Union of' Biological Sciences. Plants shall be nursery grown unless othervdse approved by Landscape Architect and sh~II be of varieties specified in the plant list I:~aring botanical names. Planting stock shall be well-branched and well-formed, sound, vigorous, healthy, free from disease, sun-scale, ,,cindburn, abrasion, weeds, and harmful insects or insects eggs; and shall have healthy, normal, unbroken root ~'stems. Trees shall be ~"rrunetr/cally LI-14.5 Ll-14.6 LI-14.7 LI-14.8 LI-14.9 developed, of uniform habit of growth, a4th straight trunks or stems, and free from objectionable disfigurements or scars. Container-grown trees, shrubs and ground covers shall have sufficient root growth to hold earth intact when removed from the container and shall not be root-bound. Bailed and burlapped plants (B&B) shall be dug with firm natural balls ofearth of sufficient diameter and depth to encompass the fibrous an feeding root system necessary for full recovery of the plan.ts. Balls shall be firmly wrapped with burlap or similar materials and bound with twine, cord or wire mesh. All collected plan[s shall be balled and burlapped. Palms: Only a minimum of fron~ shall be removed from the crown of the palm to facilitate moving and handling, with the exception of'sat>al palms, which shall be cigar cut. Clear trunk (c.t.) measurement shall be to the base of the bud. Sabal palm boots and burns shall be removed except as othenvise directed. Sabal palms shall be taken from moist soils. All moving of palms shall be in accordance with the provisions for HeaD' Trunk Palms as described in "Florida Grades and Standards for Nurser)' Plants", Pan. II. All palms shall be tied and/or braced to protect the bud(s). Plants shall have been grox~m under climatic conditions similar to those in the locality of the project. Plants budding into leafor having soft grox~'th shall be sprayed w/th an anti- desiccant at the nurser)' before dig~ng. Quality and Size Habit and growth shall be normal for the species and shall meet or exceed the measurements specified in the plant list. which are the minimum acceptable sizes. Measurement shall be performed before pruning with branches in normal position. Any necessary pruning shall be done at the time of platting with the approval of the Landscape Architect. Where measurements are called out as a range in the plant list (e.g., 10-12') the average height of'the total of'all such specified trees shall fall at the middle of' the range (e.g., 11'). The number of plants that are smaller than the average shall not exceed the number that are larger that the average. Plants larger that specified may be used if approved by the Landscape Architect, but the use of such plants shall not increase the Contract price. The size of container or root ball for larger plants shall be increased in proportion to the size of the plant. Clear trunk height as specified shall be measured from finished grade to the first major branch or fork in the trunk. 6 All trees are to be sin~e trunk, unless specified as multi-trunk in the plant list. Trees' must havc structurally sound branching habits, with no weak vee crotchcs or corfflicting branches.6.7 (LI) .."NO..I ' ^c~.^..x~. \ ~ [~J'~)! SR 951 FIDDLER'S CREEK LAN])SC~]~I~ 2 5 2000 LI-14.10 LI-14.11 LI-I$ LI-I$.I LI-16 LI-I&I LI-16.2 LI-17 LI-17.1 LI-17.2 LI-18 LI-18.1 Substitution: Plant substitution requests by the CONTRACTOR will be cortsidered by the Landscape Architect only upon submission of proof that any plant is not an obtainable size and variety. The Landscape Architect shall determine the nearest equivalent replacement in an obtainable size and variety. If contract is based on trait costs, the trait price of the substitute item shall not exceed the bid item replaced, unless authorized by Landscape Architect. Inspection: The Landscape Architect may inspect trees and shrubs either at place of growth or at site before planting, for compliance with requirements for genus, species, variety, size and quality. Landscape Architect retains fight to further inspect trees and shrubs for size and condition &balls or root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of work. GUYING AND STAKING MATERIALS Guying and smk/ng materials shall be as indicated on the planting details. ANTI-DESICCANT Anti-desiccant shall be "Wilt-Pruf' or approved equal, delivered in manufacturer's unopened containers and used in accordance with manufacturer's instructions. Anti-desiccant shall be an emulsion that will provide a film over plant surfaces permeabIe enough to permit transpiration, and not damage the plant. HERBICIDES Herbicides used must comply with all applicable State and Federal laws and be registered with the U.S. Environmental Protection Agency. Herbicide control shall be: Pre-emergence application of "Treflan 5% Granules" or equivalent, applied according to manufacturer's recommendations and incorporated into soil as specified. Post-emergence application of"Roundup" or equ/valent, applied as specified by manufacturer. Spray with e.x'treme care to avoid contact with landscape plantings. TREE WOUND DRESSING Trec wound dressing shall be a black asphalt-base antiseptic paint. 6-8 (kl) I .... SR 951 FIDDLER'S C~R~EK s]AP AN1' 2 5 2000 / LI-19 LI-19.1 LI-20 LI-20. l LI-20.2, EDGI2qG Edging shall be a specified on the pla. ns and shall be one of the following: 1. Ryerson 4' x 1/8' steel edging by Ryerson, Chicago, IlLinois (312) 762-2121. 2. Curv-Rite Aluminum Edging, Grand Rapids, Michigan (616) 878-3845. 3. I" x 4" Bender Board of.sound new Southern Pine. SUPER ABSORBENT POLYMER Material shall be as specified on the plans and shall be one of the following: I. Aqua Mend 2. Terra Sorb Material to be applied according to manufacturer's recommendations. PART 3 LI-21 LI-2 I. 1 LI-22 LI-22. I LI-22.2 LI-22.3 LI-23 LI-23.1 LI-23.2 EXECUTION Coordination of Work The CONTRACTOR shall be responsible for complete coordination of planting operations with the other Contractors on the job. Repair of damage to plants, grades, lawns, etc., during installation shall not be considered as an extra, and not be charged to the OWNER_ Damage caused by other Contractors will be the responsibility of said CONTRACTOR_ General Preparation Prior to begirming the work of tkis section, verify that rough grading and site preparation have been properly completed. CONTRACTOR shall remove minor residual debris from the site and provide a finished grade that is in conformance with the plans. Eradicate any weed growth in all landscape planting areas prior to planting operations. Soll Preparation CONTRACTOR shall excavate all limerock, con~pacted subgrade or any other deleterious nmterial from all landscape areas, and replace excavated material with acceptable topsoil. Any compacted fill or subgrade must be pierced through completely to allow for percolation and drainage. Additional soil amendments shall be added in the amounts and areas as indicated on the plans. Soil amendments shall be thoroughly tilled in with the existing soil to a minimum depth of twelve inches (12") from existing grade. LI-24 LI-24.1 LI-24.2 LI-24.3 Ll-25 LI-25.1 LI-25.2 LI-25.3 LI-25.4 L[-25.5 Exlstin~ Vegetation Relocated Existing Plants; Existing plants shown on the drinkings to be relocated shall be root-pruned sufficiently in a~'ance of planting time to assure safe moving and shall be protected and treated as new material in all respects. Planting shall be in accordance ,a/th these specifications. Existing plant material shown on the plans to remain shall not be dimu'bed. New plant material to be installed will be field adjusted to acconunodate existing plant material such as overhead canolD' trees, underslory trees and shrubs or ground cover. Therefore, no existing plant material wiII be altered by removing, cutting, trimming or destroying in order to install new plant material. if lav,-rts have been established prior to planting operations, CONTRACTOR shall make all efforts to protect tuffareas during planting operations, if lawn is damaged by the CONTRACTOR, it shall be restored to its original condition by him. Tree, Shrub and Ground Cover Planting Ail planting shall be performed by personnel familiar ~Sth the accepted procedure of planting and under the constant supervision ora qualified planting foreman. Ail planting shall be done as shown on drawings and as specified herein and in strict accordance with standard horticultural practices. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of la,arts, unless othenvise acceptable to Landscape Architect. If planting of trees and shrubs occurs after lawn worlc, protect lawn areas and promptl,v repair damage to lawn.s resulting from planting operations. LavoutJ Plant material locations and bed outlines shall be staked out on site according to the plans by CONTRACTOR and approved by Landscape Architect. Plant material locations ma)' be adjusted by Landscape Architect to meet field conditions. Installation of Trees and Shrubs: Plant pits shall be circular in outline with sides approximately vertical and shall extend to the required sub-grades as determined by the plant's root ball or container size. The minimum depth of plant pits shall be measured from the finish grade. 2. Minimum pit sizes shall be as sho~'n on the planting details. Ail excavated soils from plant pits or beds shall be used on site, it'needed, or removed from the site at not additional cost to the OWNER. Excavated soils, if acceptable topsoil qualit).' may be mixed with soil amendments to compose the backfill soil mixture.sR 951 6-10 (L[) [^~r Ii~NO . ^~~9..~'------'-~'" ,/ - ~ FIDDLER'S CREEK LAN~D~[CAI~N 2 5 2000 I0. Mass annuaI planting be~ as spc'cified on the drawings shall be excavatexL to a minimum depth oi'6 inches. Only planting mixture as specified on the planting details shall I::c used to back:fill annual beds ar~s. Bailed and Eurlapped Plants: Ager final setting, loosen burlap wrappings e.x'l:x~sing the top of'the root bail, lea,Ang the hall unbroken. Remove excessive amounts of burlap and string wrapping materials to eliminate voids which may ' be caused upon decomposit!on (se~ planting details). Container Grown Plants: Plant pits £or container materials shall be formed flat. on the bottom. Containers shall be removed carefully to prevent damage to plant or root ~'stem (see planting details). SettinR Trees. Palms. and Shrubs: Un. less othendse specified, all trees and shrubs shall be planted in pits. centered, and set on compacted soils to such depths that the finished level of' the plant after settlement shall be the same as that at wkich 'the plant was grown. The)' shall be planted upright and faced to give the best appearance or relationship to viewing stations, approaches, or adjacent structures. No burlap shall be pulled out from under the balls. Platforms. wire and surface binding front top and sides of'the balls shall be removed AJI broken or frayed roots shall be cut offcleardy. Back:fill soils shall be placed to one-hail the depth of.the planting pit and settled by watering. No filling around trurd.:.s will be permitted. A.bter the baclcfill seules, additiorml soils shall be filled in to the level of the finished grade, allowing for two inches (2") or' mulch. Form a shallow saucer around each tree to a size needed for adequate water retention (see planting details). Back Fill Soils: Plant pits shall be bacldelled with back:fill soil mixture as specLt'ied on the plans. AJI bacld'ill soils shall be free otall clods, sticks, roots. stones of other extraneous matter. Fertilizer shaIl be placed during bacld'illing, at the ratio recommended by the manufacturer. Protection During Plan_ting: Trees moved b.v winch or crane shall be thoroughly protect~ from chain marks, girdling or bark slippage by means of burlap, wooclen battens or other approved methods. No nails or spikes shall be driven into palm or tr~ trunks. LI-25.6 Prunin.g Prune. thin out and shape trees and shrubs in accordance s~ith standard hoaiculturat practice. Do. ad and broken branches shall be removed. Balled and burlappcd trees and shrubs shall be pruned to reduce total amount of' anticipated foliage by 1/'5. Typic. al growth habit or'individual plants shall be retained ~-ith as much height and spread as is practicable. Cuts shall be made with sharp instruments, and shall be flush with trurd< or adjacent branch to nation of stubs "H.:acfback~ cuts a~:,~i~ aj~'.glg~s L(khrJc: o~r. rowth insurc ci,mi I .o. / BOTNER LAND DESIGI', ' ' ' LI.25.7 LI-25.8 LI-25.9 L1-26 LI-26.1 shall not be permitteck Trees shall not be poled or the leader removed, nor shall the leader be pruned or "topped off". Trimmings shall be removed from the site. Cuts 1" in diameter and larger shall be painted with the specified tree wound dressing. Remove and replace excessively pruned or mis-formed stock resulting from improper pruning. Anti-desiccant: If deciduous trees or shrubs are moved in full-leaf, out of.season, spray ~'ith anti-desiccant at nursery before moving and again two weeks alter planting, using power spray to pro,Adc and adequate film over trunks, branches, stems, twigs, and foliage. Staldnv, and Gm-ing: Plants shall bc staked and guyed as indicated on plans vdthin 24 hours of planting. Stakes shall be driven vertically into the ground to a depth specified in details and in such a manner as not to damage the ball or roots. Ground stakes for tree guying shall be driven into the firm ground outside of the plant pit, and the top of the shake shall be flush with the ground. Mulch: All trees, shrubs and planting leds shall be mulched immediately after planting, with a two inch (2") compacted layer of the mulch specified on the draw/n~. Free-standing shrub beds shall be mulched to a line twenty-four inches (24") away from the outer edge of bedding plant stem or to edge of curb or pavement. Mulch shall be thoroughly watered-in to prevent wind displacement. Prior to the installation ofeither bark or stone mulch and weed barrier (if required) all areas to be covered shall be weed fr~ and shall be treated with a preemergent herbicide. Mulch shall be kept out of the cro~vns of shrubs and off buildings, sidewalks, light standards, and other structures. BASIS OF PAY0,IENT CONTRACTOR will submit a lump suni bid and shall receive full compensation for conforming to the provisions of Otis Section and related drawings. The lump sum paid will be for the complete installation as shown and specified, including any addenda or change orders. No additional compensation will be allowed. SR 951 FIDDLER'S CREEK LA SC 2 5 2000 SECTION 7 SPECllVlCATIONS GENEIL4~L I.,ANDSCAPE SODDING Division LS-1 LS-2 LS-3 LS-4 LS-$ LS-6 LS-7 LS-g LS-9 LS-10 LS-I l LS-12 LS-13 LS-14 LS-15 LS-16 LS-17 LS-I8 LS-19 TABLE OF CONTENTS Part I - General Related D~zuments Scope Related Work Submittals Delivery, Storage and Handling Job Conditions Completion and Acceptance Topsoil Fertilizer Sod Part 2 ~ Products Part 3 - Execution Site Preparation Soil Preparation Fertilization Sodding Water and Rolling Maintenance Warranty Basis of Pa~,Tnent SR 951 FIDDLER'S CREEK LAI,rDS~ 2 5 2000 PaRe Nun3ber 7-I 7-I 7-1 - 7-2 7-2 7-2 7-2 7-2 - 7-3 7-3 7-4 7-4 - 7-5 7-5 - 7-6 7-6 7-6 7-6 - 7~7 7-7 7-7 7-7 PART 1 LS-I LS-I.I LS-2 LS-2.1 LS-2.2 LS-3 LS-3.1 LS-3.2 LS4 LS4.1 LS4.2 LS.-4.3 LS-4.4 LS4.5 LS-4.6 LS4.7 LS4.8 SECTION 7 GENERAL DMSION LS - GENERAL LANDSCAPE SODDING RELATED DOCUMENTS Drawings and provisions of Contract apply .t:o work of this Section. SCOPE The work specified in th. is Section consists of the establishing of a consistent, dense, health)' stand o~'grass ~,'ithin the areas specified on the ch'awings. The work shall consist of grading preparing the soil, fumigating (fi.specified on plans), and furnishing and placing of grass sod, fertilizing x~atering, and maintaining the sodded areas through construction ahd until final acceptance by the landscape Architect. Grade Elevations: Excavation, filling rough and finish grading shall be a specified on the drawings and other related documents. RELATED WORK Landscape Work (Section 6) Irrigation System (Section 6) QUALITY ASSURANCE Subcontract sodding work to a single firm specializing in sod work. Perform tests in accordance with s'm.ndards hereinafter si:cci, fled. Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, wherever applicable. The follo~'ing publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by the reference thereto: Florida State Plant Board Standards for Nurser)' Plants (1973). Florida Nurserymen and Growers Association, Approved Planting Practice. Bailey's Hortus Second. State Department of Agriculture Regulations. 7-1(LS) [ NO.~ SR 951 FIDDLER'S CREEK LANDS[~AP~A[~ 2 5 2000 LS-5 LS-5.1 LS-5.2 LS-5.3 LS-5.4 LS-5.5 LS-5.6 LS--6 LS-6.1 LS-6.2 LS-6.3 LS4.4 LS-7 LS-7.1 LS-7.2 LS-7.3 SUBMITTAJ_,S All submittals shall be submitted to the Landscape Architect in triplicate. Submit certificates of inspection as required by governmental authorities. Submit manufacturer's or vendors certified analysis for soil amendments and fertilizer materials. Submit other data substantiating that materials comply with specified requirements, when applicable. Submit soil analysis results. A letter of certification from the sodding contractor as to when the sod was cut, and what type shall be provided to the Landscape Architect, at his request, upon delivery of rod to the job site. DELI%rERY~ STORAGE AND HANDLING Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery, and while ~ored at site. No sod which has been cut for more than 48 hours ma2,' be used tmless specifically authorized by the Landscape Architect 'after Ms careful inspection thereof. Tmns~rtation: Sod shall be in a moist condition at the time of cutting and shall be kept in a mo~t condition until it is placed. Sod shall be transported in either a closed van or in open truck properly covered to prevent windburn, drying, or damage to sod. Disposal of Surplus Materi',d: Surplus and ~-aste materi',ds resulting from sodding operations shall be disposed of by the CONTRACTOR off-site. JOB CONDITIONS Examination of Site: The bidder must acknowledge that he has examined the site, plans and specifications and the submission of a quotation shall be considered evidence that examinations have been made. The Sodding CONTRACTOR skall be fully responsible to acquaint themselves with the exact location of al! utilities and to avoid conflict with all existing facilities. Hand excavate, as required. Maintain ~a.kes set by others until removal is mutually agreed upon by partie~ concerned. If the quantity of the eMs'ting or excavated topsoil is inadec~te to e~ablish finish grades as specified on the drawings, it shall be the sodding CONTRACTOR'S responsibility to provide topsoil in accordance with these specifications. LS-7.4 LS-g LS-8. ! LS-8.2 LS-8.3 LS-8.4 LS-8.5 LS-8.6 PART 2 LS-9 LS-9.1 LS-9.2 The sodding CONTRACTOR shall be responsible for complete coordination &sodding operations with the other CONTRACTORS on the job. Repair &damage to plants, grades, lawns, etc., during installation shall not be considered as an ex-tva, and not be chargecl to the OWNER. Damage caused by other CONTRACTORS will be the responsibility of said CONTRACTOR_ COb~EPLETION AND ACCEPTANCE Completion of the work shall mean the full and exact compliance and conformity with the provisions expressed or implied in the drawings and specificafio, ns, and associated change orders. The acceptability &all material, work.wnanship, labor and compliance with the specifications, grades and standards shall be solely determined by the Landscape Architect. Right to Reiect: The Landscape Architect shall have the fight, at any s~age of the work, to reject any and all woik and materials which, in his opinion, does not meet the requirements of the plans and specifications. Rejected material shall be inunediately removed from the site and acceptable material substituted in iu place. The CONTRACTOR shMl provide a smooth, even lawn surface, with not obvious differences in grade or gaps between patches of sock If the finished surface is uneven, CONTRACTOR shall pro~4de sand as needed to even out the differences. Substantial Completion: Upon notification by the CONTRACTOR that the installation is complete, the Landscape Architect, will perform a subs'm.ntial completion site observation to determine ff the CONTRACTOR has completed the work in accordance with the plans and specifications. Urinal acceptance is not given, the Lan~pe Architect will prepare a "punch lisC. The notification by the CONTRACTOR mu.st be made at least three (3) working days before the anticipated substantial completion site observation. Final Acceptance: Upon notification by the CONTRACTOR that all defects have been corrected, the Landscape Architect vdll perform a tirol site obsen'ation. Final acceptance will be given upon satisfactory completion of all work, including "punch list" items. The notification by CONTRACTOR must be made at least three (3) working days before the anticipated final site observation. .PRODUCTS TOPSOIL For all landscape areas, the CONTRACTOR shall provide and install topsoil as defined on the dravdngs or within the contract bid forms. Topsoil shall be fertile, natural topsoil, typical of the Iocalits', obtained from a well- drained site. ffshall be without admix-ture of subsoil or clay and shall be free of stones, lumps, sticks, plants or their roots, toxic substances or other extraneous matter that may be harmful to pi.ant gro~vth or would interfere ~sith future maintenance. SR 951 FIDDLER'S CREEK LAI[[DS~JA~E 2 ~ '9.000 BOTNERLANDDESIG~ .g. ,~-/... LS-9.3 LS-9.4 Topsoil shall contain at lea~t m'o percent (2%) o£organic matter and stroll have a pH range ot'6.5 - 8.0. Topsoil shall be fi'ce from John.son grass (Sorghum Halpense), nut grass (Cyperus Rotundas) and all other objectionable herbaceous weeds, grasses and toxic substances. LS-9.5 LS-10 LS-10.1: LS-IO.2 LS-I 1 LS-I 1.1 LS-I 1.2 Soil Testing: The CONTRACTOR shall be responsible for having tOl:~oil tested. Representative samples are to be tested for acidity, fertility and general composition by a recogrdzed commercial or government agency. The CONTRACTOR shall furnish one (1) copy of the soil analysis and recornmended amendments (to meet the desired pi-I, nutritional and organic IN'els determined to be adequate for the area) prepared ~ the testing agency, to the Land.scape Architect prior to application of any amendments or fertilizer. FERTILIZER All fertilizers shall be mt'om in composition, free flowing and suitable for application 9' mechanical spreader equ/pment. Fertilizers shall ~ delivered to the site fully labeled according to applicable State Fertilizer Laws. The following information shall be shown on the fertilizer bag or package or on a tag: 1. Name and address of manufacturer. 2. Name, brand or trademark. 3. Number of net ponds of ready mixed material in the package. Chemical composition or analysis. 5. Guarantee of analysis. If a brand or grade of fertilizer is delivered in the bulk, a written statement having the above listed information must accompany each load. Sod shall have a 164-8 analysis fertilizer containing a minimum 2% magnesium, 2% water soluble magnesium, 2% Manganese, 1.5% iron, 3% sulfur and other trace secondaries. A m/nimum of 6.0 un/ts shall be slow release nitrogen. At least 50 percent of the phosphoric acid shall be form normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. Unless otherwise approved by thc Land. scape Architect, Type I fertilizer shall be used. .sop Sod shall be as specified on the Landscape Drawings. Pad S~ze: Individual pieces of sod shall be cut to the supplier's standard width and length. Maximum allowable de~'iation from standard widths and lengths shall be 5%. Extensively broken pads and tom or uneven ends v,411 not be acceptable. 7.4 (L~5) 2 5 ?.000 LS-I 1.3 LS- 11.4 LS-I 1.5 LS-11.6 LS-I 1.? LS-I 1.8 LS-I 1.9 PART 3 LS-12 LS-12.1 LS-12.2 LS-12.3 LS-12.4 Strenuh of SOd Sections: Standard size sections of sod shall be strong enough to support their own weight and retain their size and shape when suspended vertically from a firm grasp on the upper 10% of the section. Moisture Content: Sod shall not be ha~,e~ed or transplanted when moisture content (excessively do' or wet) may adversely affect its survival. Time Limitations: Sod shall be harvested, delivered and installed within a period of 72 hours. Class of Sod and Composition: The ~ used shall be as specified on the plans. It shall be nursery grown and well rooted. Each shipment shall be accoml:~nied by a ceni. fication verifying the ~ as specified. Sod shall be subject to review by the Landscape Architect prior to being cut and again before it is laid. The consistency of adherent soil shall be such that it will not break, crumble, or tear during handling and placing of the sod. Each piece of sod shall be well covered with tuff grass, shall be free from no:dous weeds and other objectionable plants and shall not contain thatch quantities and substances injurious to growth. The grass shall be mown to a length of no less than one and one- halt' inch (1-1/2") nor more than four (4") inches before the sod is cut. Comply with State and Federal laws with respect to i~tion for plant diseases and insect infestation, an inspection certificate to this effect is required by law and shall accompany each shipment and on arrival shall be filed with the Landscape Architect. Thickmess of Cut: Sod shall be machine cut at a uniform soil thickness of 3/4 inch, plus or minus 1/4 inch, at the time of cutting. Measurement for thickness shall exclude top growth and thatch. EXECUTION SITE PREPARATION The CONTRACTOR shall be responsible for removing minor residual debris from the site, establishing the required rough grades in areas indicated on the plans, and shaping a finished grade that pro, fides positive drainage and is in cortformance with the dra~4n~. Verib' grades established during final site preparation as being true to firtish contours shown, and maintain such areas until the effective date to begin sodding operations, in such instances where a split responsibility exists between grading and sodding Contractors, it shall be the responsibility of the sodding Co~wrRACTOR to maintain a suitable grade for sodding once he has accepted the grade pro,,4ded to kim. Remove all debris, brush, large roots, weeds and any other deleterious materials from the top six inches of soil. No sod shall be placed on soil wkich has been treated with soil sterilants until sufficient time has elaps.e.d to permit dissipation o£toxic materials The CONTP,.ACTOR shall assume full responsibility for an)' loss or damage to sod or seed arising from improper use of sterilants or due to his failure to allow sufficient time to permit dissipation of to:cie materials, whether or not such sterilants are specLfied herein. LS-13 SOUL PREPARATION LS-13.1 Soil samples shall be taken and a analysis shall be performed ~ an approved agricultural laboratory. The sodding CONTRACTOR shall obtain a representative soil sample of each are I:ry collecting a m/nimum often samples of soil from the top 6 inches of soil. Soil samples shall be submitted ID' the sodding CONTRACTOR for determination of pH, calcium oxide (Cao), magnesium oxide 0vigo), phosphoric acid (P205, and potassium oxide (K20). The testing laboratory shall submit certified soil analysis and recommendations for amending the soil to obtain a soil pH ofS.0 - 7.0 and to obtain Cao, Mgo, 1:'20 and K20 at 2500, 200, 50 and 150 pounds per acre respectively. LS-13.2 Sulfur in a water degradable form shall be used for decreasing soil pH and Dolomite used to increase soil pH- Applications shall be based on soil analysis recommendations. LS-14 FERTELIZATION LS-14.1 LS-14.2 Apply fertilizer at a rain/mum rate of i0 pounds per 1,000 square feet and required additional soil amencLments in accordance with the soil sample results. Fertilizer and soil amend, ments shall ~ incorporated into the top 2-3 inches of soil and raked to provide a final smooth ex'en grade. LS-15 SODDING LS-15.1 Sodding Time: Sod shall tx: placed when the ground is in a workable condition and temperatures are less than 90 degrees Fahrenheit (when possible). Sod shall not be placed during ex-tended drought, unless irrigation is available. LS-I 5.2 Sod oat for more than 48 hours shall not be used without the concurrence of the Landscape Architect. All sod shall be kept moist and protected from exposure to sun, wind and freezing prior to placing. LS-15.3 Moistenin~ the Soil: DmSng periods of high te[nporamre and after all unevenness in the soil surface has been corrected, the soil shall be lightly irrigated inunediately prior to laying thc sod. LS-15.4 Starter Strip: Thc first row o£sod shall be laid in a straight line with subsequent rows placed parallel to and tightly against each other. Lateral.joints shall be staggered to promote more uniform growth and strength. Care shall be exercised to insure that the sod is not stretched or overlapped and that ali joints are butted tight in order to prevent voids which would cause air doing of the roots. LS-15.5 Sloping Surfaces: In ditches, the sod shall be placed with the longer dimension perpendicular to the flow of water in the ditch. On slopes, starting at the bottom of the slope, the sod shall be placed with the longer dimension paralleled to the contours of the SR 951 FIDDLER'S CREEK [AI~A~E5 2000 BOTN~ER LAND DE[IGC": ~'/~(/~'----- LS-15.6 LS-15.7 LS-16 LS-16.1 LS-16.2 LS-16.3 LS-16.4 LS-17 LS-17. l LS-17.2 LS-18 LS-18.I LS-18.2 ground. The exposed edge of the sod snail be buried flush with the adjacent sod. On slopes where the sod may be displaced during sodding operations, the workxnen shall work from ladder~ or treaded planks. Stakin,~ Sod: The sod shall be staked on all slopes of 2:l or sleeper. Sod shall be staked with not less than 4 stakes per square )ard with at least one stake for each piece of sod. Stakes shnl! be of lath or similar material, pointed, and driven with the fiat side agaln~t the slope, inches into the ground, leaving approximately (1/2") of the top above the ground. Watering of sod shall occur immeciiately after installation to prevent excessive drying during progress o1' the work WATER AND ROLLING Roiling of the sod with a mechanical roller of no less than 2 tons mu.st occur as sodding is completed in any one section. All sod areas must be rolled to provide an even sodded appearance with no high and low points. Immediately following rolling oporations the sod shall be thoroughly irrigated to a depth sx~fficient that the underside of the new sod pad and soil immediately below the sod are thoroughly wet. No equipment or vehicles shall be allowed to travel over the sodded areas after sodding to' CONTRACTORS on the job site. Su~lemental Watering: During periods of intense heat or abnormal rain.rail, supplemental watering may be req~red prior to acceptance of the work_ MA_[NTENANCE Maintenance shall begin immediately following completion of sodding and continue until final acceptance by Landscape Architect. Routine maintenance shall include watering, mowing, replanting, and the application of fertilizer~, herbicides, and pesticides if deemed necessary by the Landscape Architect. WARIL4.NTY The CONTRACTOR as part of his contract, shall furnish three (3) ,,~xitten guarantees warranting all materials, workmanship, and products for a period of not less than sixty (60) days from the time of Final Acceptance. The CONTRACTOR will repair all washouts that occur within the warranty period at no additional cost to the OWNER_ Damage associated with or caused by other CONq-RACTORS shall be subject to review and negotiation be~'~n the OWNER and CO~W1-RACTOR. SR 951 FIDDLER'S CREEK Lit BOTNER LAND DES[r:xP$'' LS-19 LS-19.1 BASIS OF PAYMENT CON'TRACTOR will submit a lump r. ma bid and shall receive full com~rmation for c~n. forrnlng to the provisionq of tlais Section and rented drawings. The lump s~tm imid will be for the corapl~te illxtal!ation ~ ~h0Wl:X lllad b'l:~"~ed, includ/.ng attar addenda or change orcler~. No add/tional com.pem.~ation will be allowed. EXHIBIT "D" County Design Review Requirements The County Design Review Requirements are a result of Landscape Operations review of written specifications and plans by Botner Land Design, prepared on April 27, 1999 and having revision date of December 9, 1999. The proposed landscape segment is within FDOT Right-of-Way and will require FDOT permit and approval of all plans and specifications. In addition, as a result of the shortened plan submission review time, Nancy Siemion L.A. of Community Development and Environmental Services was unable to review the revised plans dated December 9, 1999. Her review will also be a requirement of the County approval. For the Owner/designer's convenience additional information titled "Design and Permitting Check List" dated March 1999, has also attached. This lists items that will be expected to be on the plans submitted to Collier County for a normal landscape and irrigation plan review. Requirements as to the Written Specifications: The written specifications provided for review were not complete and require completion in an acceptable format to the County. Further issues found which require addressing were; 1. Writing the specifications shall be in correct tense, ie Contractor- Gulf Bay Development Owner- Gulf Bay Development Maintenance Agency - BCC 2. FDOT shall be mentioned as a participating agency in involvement and acceptance. 3. Include irrigation specifications. 4. Indicate who will be the Project Landscape Architect and who will be performing the duties and responsibilities that are stated in the specifications. 5. Section 7 of the specifications seems to duplicate many of the same items in Section 6. 6. On Page 6-4 (LI - 8.1) there are Warranty conflicts with Sheet P5/6 2.2 Landscape Specifications. 7. On Page 6-5 (LI - 10.3) there are conflicts with Sheet P5/6 #15 Landscape Notes and Specifications. 8. On Page 6-6 (LI - 14.1) there is a spelling error. 9. On Page 6-7 (LI - 14.7) there are conflicts with Sheet P5/6. 10. On Page 6-8 (LI - 18.1 ) tree wound dressing require consensus from the FDOT L.A. 11. On Page 6-9 (LI - 19.1) this edging note is not specified in Sheet P 5/6. 12. On Page 6-9 (LI - 23.1 and 23.2) the soil preparation conflicts with Sheet P5/6. Page 1 of 6 Transportation Services Department 2 5 ooo | 13. On Page 6-11 (LI - 25.5 - 4.) the statement conflicts with Sheet P5/6. 14. On Page 6-11 (LI - 25.5 - 7.) the mulch depth specified conflicts with Sheet P5/6. 15. On Page 6-11 (LI - 25.6 - 1.) tree wound dressing require consensus from the FDOT Landscape Architect. 16. On Page 7-1 (LS - 3.2) there irrigation system is not in Section 6. 17. On Page 7-4 (LS - 9.3) the top soil pH conflicts with Sheet P5/6. 18. On Page 7-4 (LS - 10.1) there is a Duplication to Page 6-5 (LI - 12.2). 19. On Page 7-6 (LS - 13.1) there are conflicts with Page 6-5 LI 10.3 and Sheet P5/6 #15 Landscape Notes and Specifications. 20. On Page 7-7 (LS - 18.1) the statement conflicts with Page 2-4 LI - 8.1 and Sheet P5/6 2.2 landscape Specifications. Requirements as to the Submitted Plans: The plans submitted require the following revisions. 1. The Designer shall provide Collier County with the proper insurance certificate coverage naming and protecting Collier County from Concept Design Plans to Completed Project Plans. The coverage shall be acceptable to Risk Management and the County Attomey's Office. Plant material selection and placement shall meet height and setback requirements at their maturity. Collier County's Irrigation Checklist was created to assist in providing an acceptable design and installation end product. Also see the Criteria as Recommended to the County Administrator Regarding Road Rights-of-Way Landscape and Maintenance within Collier County. Collier County's Streetscape Master Plan identifies this roadway segment as a Conservation Zone requiring native materials. It also states soils and hydrological conditions may need amended in the planting bed areas and the remainder of the median can be lef~ in drought tolerant grass without supplementary irrigation. Nancy Siemion shall be contacted for Collier County Streetscape Master Plan compliance. Location of plant materials are shown grouped next to curbs, this location exposes the service personal to a greater degree of risk in addition, allowing for increased plant material damages and replacement costs should a vehicle need the recovery area and encroach over the "Type E" curbing. Plant material placement shall be reviewed to address safety concerns. 5. Plant materials on the nose tips require proper set back from curb at maturity and depicted as such on the plans. 6. Proposed contour elevations are not shown on plans for grading purposes. 7. Existing FDOT signage locations are not shown on the plans. 8. Westerly ingress or egress points to Power Lines are not shown on the plans. 9. Plant material selected and their placement in the line of sight will conflict with the sight window at maturity and requires adjustment. 10. The irrigation system has not been designed or properly zoned to match planting beds or turf area s. 11. Motorola ,corpio V2 AC or DC controllers are not specified. 12. There were no electrical or controller easements shown on the plans. Will they be necessary? If so, they will need to be shown and granted to the County. o Page 2 of 6 Transportation Services Department JAN 2 5 2000 13. The West side or East sides of the r/w not shown as being landscaped. Should it be? FDOT will require Collier County to maintain it as part of this roadway landscape segment. 14. Irrigation main with detector tape shall be located at approved depths and placed so as not to conflict with future roadway improvements permitted by FDOT or planting root zones. 15. The plans shall reflect the status of the existing SR 951 side roadway ditches. Some areas have been filled and some remain open. 16. All FDOT Indexes for sight lines shall be used in this roadway landscaped segment. The following addresses the individual Landscape Sheets: Sheet P - 1 The New # Sheet P 1/4 The Page Number is wrong and requires correction. Plant material depicted to be place back of curb. However, Sheet P - 5 indicates shrubs and groundcovers to be planted a minimum 36 inches fi.om back of curb to plant centerline and a 12 inch clear mulch area behind the back of curb to the plants mature edge. · South of Station 270+00, curbing is shown on tip. Existing condition has no curbing. Set backs to plant materials need to be changed. The Sight Line needs to be shown. · At approximately Station 280+00, there is an overhead service that is not shown. · The lawn type may conflict with the Master Plan. · Groundcover to shrub separation, plant to lawn and lawn to tree separation for mulch is not shown. · At Station 271 (13) Sabals are noted both clear trunk and booted. They need to be specified one or the other. Sheet P - 2 The New # Sheet P 2/4 The Page Number is wrong and requires correction. · Around station 285+00, there is an existing PVC with cap which exists in the median. It is not indicated on the plans or noted as to what this cap is for. · Royal pahns are within the sight line. Are there caliper problems as per FDOT Indexes? · Westerly ingress or egress points to Power Lines on SR 951 are not shown. · Lawn type may conflict with the Master Plan. · Groundcover to shrub separation, plant to lawn and lawn to tree separation for mulch is not shown. Sheet P - 3 The New # Sheet P 3/4 The Page Number is wrong and requires correction. · Westerly ingress or egress points to Power Lines are not shown. · Roadway ingress and egress point on the West side of SR 951 is not labeled. · At approximately Station 294+00, there is an overhead service that is not shown. · The existing guardrail on the East side of the road is not shown. · Lawn type may conflict with the Master Plan. · Groundcover to shrub separation, plant to lawn and lawn to tree separation for mulch is not shown. · Royal palms are within the sight line. Are there caliper problems as per FDOT Indexes? · The spelling of Floratam requires verification. · The Geiger Trees within Limit of Clear Sight must be mature so its lower canopy will not be within the Clear Sight Window. Page 3 of 6 ~0.~ Transportation Services Department JAN 2 5 2000 P~. ,5'~ _ Sheet P - 4 The New # Sheet P 4/4 The Page Number is wrong and requires correction. · Roadway ingress and egress point on East side of SR951 is not labeled. · The Spider lily, Allamanda, and White Fountain Grass at maturity will exceed 30 inches and encroach in the sight window. Plant selection will require change. · Lawn type may conflict with the Master Plan. · This sheet is incomplete. It does not reflect required FDOT sight distance. Also see Index # 546. · Groundcover to shrub separation, plant to lawn and lawn to tree separation for mulch is not shown. · The Bougs, Spider Lily and Allamanda at maturity will exceed 30 inches and encroach in sight- window. Plant selection will require change. · At Station 305 + there are (11) Sabals which are noted both clear trunk and booted. They need to be specified as one or the other. · Verify spelling of Allamanda. · The Sabals located in the Limit of Clear Sight may restrict sight of oncoming traffic. Verify of acceptability with FDOT is required. · The Buttonwood within Limit of Clear Sight must be mature so its lower canopy will not be within the Clear Sight Window. Sheet P - 5 The New # Sheet P 5/6 · The Eucalyptus is indicated as Grade B. Collier County annual contract is for Grade "A". · A finish grade typical of median in cross section is required to be shown not just a verbal description. · Under Other Landscape Notes/Specifications #11 - The distance to a tree as specified from back of should be confirmed by FDOT. A greater setback distance may be required with "Type E" curbing on a 55 MPH roadway. · Groundcover to shrub separation, plant to lawn and lawn to tree separation for mulch is not shown. · The Palm Planting Detail and Tree Planting Detail pit widths do not conform to FDOT Florida Highway Landscape Guide. · The Palm detail iljustrates a Cigar Cut however, specifications call for fronds being tied. · All details indicate 2 inches of mulch. Written specifications call for 3 inches of fully matted mulch. · All plant material soil requirements shall be within the new soil pH range of 5.5 to 6.5. · The Cassia, Geiger, Ixora, Allamanda and Muhly Grass quantities shall be verified against the Plan Layout quantities. · All plant material quantities shall be verified as to the sq. ft. in the bed areas at a mature spacing. Sheet P - 6 The New # Sheet P 6/6 A Title Block for the maintaining agency is not indicated. The "Broad Spreading Tree Planting and Maintenance For Median Planting On FDOT Roadways Detail" does not conform to the FDOT Florida Highway Landscape Guide over travel lanes i ~ Page 4 of 6 mO. Transportation Services Department t JAN 2 5 The General Maintenance Schedule shall be changed to indicate that turf shall be mowed weekly unless otherwise approved. Collier County shall irrigate as determined by plant requirements. Landscape materials are to be fertilized four times a year using Collier County annual fertilizer blends. · On Index 546 there is a spelling error of"from". · The Clear Sight Window Detail does not conform to FDOT Florida Highway Landscape Guide and requires correction. The following addresses the individual Irrigation Sheets: I - 1 The New # Sheet I 1/5 There were no ball valves shown at the control valve locations to shut off main service to service valves or zones. · The imgation system has not been designed or properly zoned to match planting beds or turf areas. · At Station 270+ the plan shall be adjusted to reflect the existing condition of no curbing. I - 2 The New # Sheet 1 2/5 · There were no ball valves shown at the control valve locations to shut off main service to service valves or zones. · The irrigation system has not been designed or properly zoned to match planting beds or turf areas. · The required Rain/Freeze Shut-off switches with bypasses are not shown on the plans. · A Bermad Master Control Valve Model #910 or 900P Flow Meter is not shown on the plans. · The Main line crossing shown indicates no electrical connection/supply. Is an electrical easement to Collier County through private property to the power transformer necessary? · A Motorola Scorpio V-2 AC or DC Controller is not specified. I - 3 The New # Sheet 1 3/5 · There were no ball valves shown at the control valve locations to shut off main service to service valves or zones. · The irrigation system has not been designed or properly zoned to match planting beds or turf areas. I - 4 The New # Sheet 1 4/5 · The required Rain/Freeze Shut-off switches with bypasses are not shown on the plans. · A Bermad Master Control Valve Model #910 or 900P Flow Meter is not shown on the plans. · The Main line crossing shown indicates no electrical connection/supply. Is an electrical easement to Collier County through private property to the power transformer necessary? · The irrigation system has not been designed or properly zoned to match planting beds or turf areas. · The required RainfFreeze Shut-off switches with bypasses are not shown on the plans. Page 5 of 6 I Mo. ,c~),.~.) Transportation Services Department ! JAN 2 5'2000 A Bermad Master Control Valve Model #910 or 900P Flow Meter is not shown on the plans. · The Main line crossing shown indicates no electrical connection/supply. Is an electrical easement to Collier County through private property to the power transformer necessary? · Motorola Scorpio V-2 AC or DC Controller is not specified. New # Sheet I 5/5 · A thick wall Schedule PVC is not shown. Thin wall piping shall not be used. · Irrigation mainline and all wiring in median shall be located so as not to require relocation for future turn lanes or lane widening. · The current Plan detail depicts using rigid PVC or swing joint. Funny pipe shall be used to . reduce maintenance damages by vehicular traffic. · Toro 570 PRX heads have a flow control which will reduce water wastes should the riser be damaged. FDOT shall be contacted for their use vs. the proposed heads selected. The following addresses the individual Traffic Control Sheets: Sheet T - 1 The New # Sheet T 1/2 · The sheet should iljustrate the correct FDOT Index for traffic control within a construction area. Sheet T - 2 The New # Sheet T 2/2 · The sheet should iljustrate the correct FDOT Index for traffic control within a construction area. Page 6 of 6 Transportation Services Department DESIGN AND PERMITTING CHECK LIST March, 1999 PROJECT NAME: DESIGNER: DATE SUBMITTED: I. For Permit Submittal > Complete Right-of-Way Permit Application. ~ Submit four (4) sets of plans for preliminary review by Transportation Landscape Operations Section. >' Submit two (2) sets of reviewed final plans to Collier County Development Services. II. Landscape Plans Project consultant, address, phone number and fax number. Drawn to minimum 1" equals 20'-0" scale showing dimensions and/or base line with station points. North arrow and graphic scale. Date. Title. Site location map/sheet index. 2-11 JAN 2.5 2000 Chart or schedules indicating: Graphic plant symbols, key or items. Botanical and common name. Plant quantity. Native status. Drought Tolerance Rating per South Florida Water Management District Xeriscape Plant Guide II or Latest Edition. Height and spread at maturity. Proposed Plant Spacing. Show: The 12" clear mulch area behind back edge of curb to the plant's mature edge. Limit of Clear Sight Distances and Sight Window Details per Ordinance # 93-64. Plant material selection and placement meet height and setback requirements at maturity. Existing or proposed median encroachments (i.e. existing utilities, structures and signage). Indicate on plans roadway posted speed limit. A Maintenance of Traffic Plan consistent with F.D.O.T. standard Indexes 600 Series. Existing Utility Companies (name and phone number) with Utilities in the project area. III. Irrigation Plans Project Consultant, Address, Phone Number and Fax Number. Drawn to Minimum 1" equals 20'-0" Scale. Show: Mainline Piping, Pipe Sizes, Valve Locations, Wiring if Located other than along mainline. Mainlines shall not be Placed in Future Turn Lanes or under Tree Locations). Valve Locations (Recommend Hardie Valves in over-size Concrete or Plastic Valve Boxes with Labeled Lids). Controller Approved by Collier County Transportation Department Landscape Operations Section. 2-12 JAN 2 5 2000 Reduced Pressure Back Flow Preventor with Installation Detail as per Collier County Utilities Department. Rain/Freeze Shut-Off Switches with by-passes. All Pipe Sizes, Strength or Ratings. Type and Location of Sprinkler Heads and Nozzles. Electrical Meter Service and Locations. Poly or Flex Pipe details. Reclaimed (Non-Potable) Irrigation Piping and Valve Boxes. Reclaimed (Non-Potable) Irrigation Signage. Zone Plant Beds and Turf Beds separately. Quick Coupler Valves at each median or on three hundred (300) foot centers (recommend Rainbird Quick Couplings Valves with Keys and Hose Bib Swivel). PVC Ball or Gate Type Valves installed prior to the Control Valves within the Control Valve Box or in a separate round box prior to the Control Valve Box. Approved Irrigation Head Protective Devices as required. Low Angle and/or Volume Nozzles. Controllers to be wired so zones or valves are in consecutive order. All necessary Specifications and Details per Industry Standards. Description and location of easement. Water Use Data/Schedules. A Maintenance of Traffic Plan. Existing Utility Companies (name and phone number) with Utilities in the project area. Other pertinent information that affects the project. 2-13 JAN 2 5 2000 IV. As Built/Record Drawings ~ Submit As Built/Record Drawings of the landscape installation showing plant quantities and/or square footage amounts of mulch and turf installed. Locations and sizes of all irrigation facilities shall be shown on a separate set of plans. V. Plant Material Selection ~ Low maintenance and minimum pruning type plants. ~ Spacing and quantity based on mature plant development. ~ Consider plants water requirements. ~ See Prohibited Plant Species or Limited Use List. Minimum Florida #1, or better grade. Usc container grown material. Soil type pH requirements. VI. Soils ~- Submit a soil analysis at landscape plan submittal and another of amended soil prior to the landscape installation. ~ Finish grade at back of curb to be four inches (4") below top of curb prior to planting. VII. Mulch ~ Organic Mulch to be applied at a minimum four inches (4") fluffed depth with a Grade "A" product. ~ Finished Grades for mulches shall be four inches (4") below top of curbing pavement or sod areas. 2-14 JAN 2 5 200 PG. _ 5"~ w _ VIII. Turf ~' Medians with widths of sixteen feet (16') or less shall contain no sod. They shall be replanted with groundcovers, small shrubs and approiate trees or plants. > Sod areas to be interconnected in the medians when used. IX. Curbing > Medians and/or Fight-of-Way Planting Areas. X. Clear Sight Limits and Sight Windows > All Landscape Designs and Installations shall comply with the required clear sight limits and windows per the F.D.O.T. or Collier County Design Standards applicable at the time of Permitting and Approval. XI. Summary > Fight-of-Way Landscape Planners and Designers are encouraged to review all F.D.O.T. and Collier County Codes, Ordinances and Design Standards prior to beginning the Permitting and Design of a Right-of-way Landscape Project. Emphasis must be placed on motorist, pedestrian and maintenance personnel safety. >- Reduced maintenance and water conservation designs are recommended. 2-15 JAN 2 5 2000 EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE ROAD 951 LANDSCAPE IMPROVEMENTS .OBJECTIVE: Obtain Board approval of a Resolution for the State Road 951 landscaping project, therein authorizing the County Administrator to process and execute a Landscape Construction and Maintenance Memorandum of Agreement. CONSIDERATIONS: Companion Item 8-B-2 requests Board approval of the Median Landscape Beautification Agreement for State Road 951 adjacent to Fiddler's Creek. The agreement discusses construction and maintenance of the beautification project. Because the project is located in a State Road right-of-way and the County will assume maintenance responsibility, the County is required to enter into a Construction and Maintenance Memorandum of Agreement with the State DOT. Board approval of the attached Resolution will authorize the County Administrator to execute the memorandum of Agreement on behalf of the County. FISCAL IMPACT: There is no direct fiscal impact associated with approval of this Resolution. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution for the State Road 951 landscape project and direct the Board Chairman to execute same. ~ E~ward N. F~nn, Operations Director / ' - - REVIEWED BY: Edward J. Kant, P.E., Transportation Services Director APPROVED BY~ D ate :./..~ '".~,a -- ~;~ ~ Ed Ilschner, Public Works Administrator JAN 2 5 2(100 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 ~59 '0 1 62 63 RESOLUTION NO. 00- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AND EXECUTE A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF LANDSCAPING AND RELATED BEAUTIFICATION IMPROVEMENTS TO BE LOCATED ON A PORTION OF STATE ROAD 951 BETWEEN PORT AU PRINCE ROAD AND MAINSAIL DRIVE IN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, S.R. 951 road right-of-way between Port au Prince Road and Mainsail Drive, more specifically, between M.P./STA 5.183 and M.P./STA 7.065, are capable of receiving and sustaining landscape beautification improvements; and WHEREAS, the Board of Cotmty Commissioners by this Resolution authorizes the County Administrator to execute and enter into a Highway Landscape Installation And Maintenance Memorandum of Agreement between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes the County Administrator to enter into and execute the subject Highway Landscape Installation And Maintenance Memorandum of Agreement regarding specified improvements along S.R. 951 between M.P./STA 5.183 and M.P./STA 7.065 (approximately 0.71 miles), all in unincorporated Collier County. 2. The Clerk to the Board of County Commissioners is hereby directed to forward a certified or true copy of this Resolution to the Florida Department of Transportation in Bartow, Florida. 3. This Resolution shall take effect immediately upon adoption. ADOPTED this day of majority vote favoring adoption. , 2000 after motion, second and ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM3/IISSIO~RS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk TI1MOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Thomas C. Palm Assistant County Attorney JAN 2 5 2000 DRAFT LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of ., by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and Collier County Florida a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 951 as part of the State Highway System: and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right ofxvay of State Road 951; located at FDOT RCI Section//03030 at M.P. 5.183 to M.P. 7.065. WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY. WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. , dated ~ and attached hereto as Exhibit "A", has authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time, and the "Florida Highway Landscape Guide", which is incorporated into Rule 14.40.003 by reference. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. The A GENCYagrees to maintain the landscaping xvithin the median and areas outside the travel way within the right of way line in accordance vdth the Landscape Maintenance Plan(s) included as Exhibit "C." Said maintenance will be in accordance with Florida Administrative Code Rule 14.40.003 and the "Florida Highway Landscape Guide", as they may be amended from time to time. The AGENCY'S responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003 (5). The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. All landscape installation and maintenance activities undertaken by AGENCY shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003. JAN 2 5 2000 ~ If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant tot he terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY on notice thereof. Thereafter the AGENCY shall have a period &thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at it own expense and vxithin sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT, directs be removed and return the right-of-way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be vddened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. THE AGENCY shall be given si.ay (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 10. 11. 12. The term of this AGREEMENT commences upon the execution. The AGENCY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the AGENCY, its agents, or employees, during the performance of the AGREEMENT, except that neither the AGENCY, its agents, or employees, during the performance of the AGREEMENT, except that neither the AGENCY, its agents, or employees will be liable under this paragraph for any claim, loss, damage, cost charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance &the AGREEMENT. When the DEPARTMENT receives a notice of claim for damages that may have been mused by the AGENCY in the performance of services required under this AGREEMENT, the DEPARTMENT will immediately forward the claim to and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. Alter reviev~ing the claim, the DEPARTMENT will determine whether to require the participation of the claim or to require that participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim as described in this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. This writing embodies the entire AGREEMENT and understanding betxveen the parties hereto and there are no other AGREEMENTS and understanding oral or wxitten, ~vith reference to the subject matter hereof that are not merged herein and superseded hereby. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. (AGENCY) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: Chairman District Secretary Attest: .(SEAL) Attest: .(SEAL) Clerk/Director Executive Secretary Legal Approval DATE: SUBJECT: PERMITTEE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PERMIT 9.30.99 PERMIT NO. SECTION 03030 .STATE ROAD 951 COUNTY. COLLIER Gulf Bay 100, Inc., dba 951 Land Holdings Joint Venture 3955 Championshipe Drive ADDRESS: PHONE#( 941 ) Naples, FL 34114 Att. John Hayes, V.P. REQUESTING PERMISSION FROM THE STATE OF FLORIDA DEPkRT~4ENT OF TRANSPOR- TATION, HEREINAFTER CALLED THE DEPARTMENT, TO CONSTRUCT, OPERATE AND MAINTAIN: 732-7022 AT/FROM M. P./STA. 5. 183 TO M. P./STA 7. 065 1. PROPOSED WORK IS WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY. YES ( ) NO ( x ] NAME OF MUNICIPALITY 2. IS INTERSTATE OR TOLL ROAD R/W INVOLVED? YES ( } NO ('X ) APPLICANT DECLARES THAT PRIOR TO FILING THIS APPLICATION HE/SHE HAS ASCERTAINED THE LOCATION OF ALL EXISTING UTILITIES, BOTH AERIAL AND UNDERGROUND AND THE ACCURATE,LOCATIONS ARE SHOWN ON THE PLANS. A LETTER OF NOTIFICATION WAS MAILED ON 9.30.99 TO THE FOLLOWING UTILITIES/MUNICIPALITIES: Florida Power & Liqht Co,, SDrin~, Collier County-Public works, Media One C~ble. THE OFFICE OF THE LOCAL MAINTENANCE OR RESIDENT ENGINEER SHALL BE NOTIFIED FORTY-EIGHT (48) HOURS PRIOR TO STARTING WORK AND AGAIN IMMEDIATELY UPON COMPLETION OF WORK. THE ENGINEER IS JOHN VLIET LOCATED AT 4800 DAVIS BOULEVf~RD, NAPLES, FLORIDA 34104. TELEPHONE NUMBER (941} 417-6320. ALL WORK, MATERIALS, AND EQUIPMENT SHALL BE SUBJECT TO INSPECTION BY THE LOCAL MAINTENANCE OR RESIDENT ENGINEER AND SHALL CONFORM TO ALL DEPARTMENT SPECIFICATIONS AND STANDARDS IN EFFECT AS OF THE APPROVAL DATE OF THIS PERMIT. ALL DEPARTMENT PROPERTY SHALL BE RESTORED TO ITS ORIGINAL CONDITION IN KEEPING WITH THE DEPARTMENT'S SPECIFICATIONS AND IN A MANNER ACCEPTABLE TO THE DEPARTMENT. PLANS OF THIS INSTALLATION SHALL CONFORM TO THE DEPA~RT~ENT'S STANDARD SPECIFICATIONS ~ ROADWAY AIqD TRAFFIC DESIGN STA/~DARDS AND St}ALL BE MADE PART OF THIS PERMIT BY ATTACHMENT. 8. THE PERMITTEE SHALL COMMENCE ACTUAL CONSTRUCTION IN GOOD FAITH WITHIN 30 DAYS FROM THE DAY OF SAID PERMIT APPROVAL AND ALL WORK SHALL BE COMPLETED WITHIN 120 DAYS. IF THE BEGINNING WORK DATE IS MORE THAN SIXTY (60) DAYS FROM THE DATE OF PERMIT APPROVAL, THEN THE PERMITTEE MUST REVIEW THE PERMIT WITH THE AFFECTED DEPARTMENT ENGINEER TO DETERMINE IF ANY CHANGES HAVE OCCURRED THAT WOULD AFFECT THE PROPOSED PERMIT ACTIVITY. 9. THE CONSTRUCTION AND MAINTENANCE OF SAID ACTIVITY SHALL NOT INTERFERE WITH THE PROPERTY AND RIGHTS oF A PRIOR PERMITTEE. IT IS EXPRESSLY STIPULATED THAT THIS PERMIT IS A LICENSE FOR PERMISSIVE USE ONLY AND THAT THE PLACING OF FACILITIES UPON PUBLIC PROPERTY PURSUANT TO THIS PERMIT SHALL NOT OPERATE TO CREATE OR VEST ANY PROPERTY RIGHT IN SAID HOLDER. 10. WHENEVER NECESSARY FOR THE CONSTRUCTION, REPAIR, IMPROVEMENT, MAINTENANCE, SAFE AND EFFICIENT OPERATION, ALTERATION OR RELOCATION OF ALL, OR ANY PORTION OF SAID HIGHWAY AS DETERMINED BY THE DISTRICT DIRECTOR OF OPERATIONS, ANY AND ALL FACILITIES AND APPURTENANCES AUTHORIZED HEREUNDER, SHALL BE IMMEDIATELY REMOVED FROM SAID HIGItWAY OR RESET OR RELOCATED THEREON AS REQUIRED BY T~E DIRECTOR OF OPERATIONS. TIIIS WILL BE ACCOMPLISHED AT THE EXPENSE OF~IIE PE~'~I~, ' · ~ / :lAN 25 2000 II 3A 000 11. 12. 13. IT IS UNDERSTOOD AND AGREED THAT THE RIGHTS AND PRIVILEGES. HEREIN SET OUT ARE GRANTED ONLY TO THE EXTENT OF THE STATE'S RIGHT, TITLE D~4D INTEREST IN THE LAND TO BE ENTERED UPON AND usED BY THE PERMITTEE. THE PERMITTEE WILL, AT ALL TIMES, ASSUME ALL RISK, INDEMNIFY, DEFEND AND SAVE HARMLESS THE STATE OF FLORIDA, THE DEPARTMENT'S OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES AND SUITS OF ANY NATURE WHATSOEVER ARISING OUT OF, BECAUSE OF, OR DUE TO THE PERMITTEE'S USE (OR USE BY ITS AGENTS OR EMPLOYEES) OF DEPARTMENT R/W. THIS WILL INCLUDE ANY AND ALL LOSS, DAMAGE, COST OR EXPENSE ARISING IN ANY MANNER ON ACCOUNT OF THE EXERCISE OR THE ATTEMPTED EXERCISE BY THE PERMITTEE OF THE AFORESAID RIGHTS AND PRIVILEGES. THIS WILL INCLUDE ANY ACT OR OCCURRENCE OF OMISSION OR COMMISSION BY THE PERMITTEE, ITS AGENTS OR EMPLOYEES. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THIS INDEMNIFICATION CLAUSE DOES NOT COVER OR INDEMNIFY THE DEPARTMENT FOR ITS SOLE NEGLIGENCE. DURING CONSTRUCTION, ALL SAFETY REGULATIONS OF THE DEPARTMENT SHALL BE ADHERED TO AND THE PERMITTEE SHALL BE RESPONSIBLE TO PROVIDE MEASURES, INCLUDING PLACING AND DISPLAY OF SAFETY DEVICES, THAT MAY BE NECESSARY IN ORDER TO SAFELY CONDUCT THE PUBLIC THROUGH THE PROJECT AREA IN ACCORDANCE WITH T~E FEDERAL bRtNUA~ ON UNIFOP~4 TR/%FFIC CONTROL DEVICES (~N3TCD), AS AMENDED, AND THE DEPARTMENT'S LATEST ROADWAY AND TRAFFIC DESIGN STA~VDARDS. SPECIAL CONDITIONS: SECTION 102 MOT - PERMITTEE'S RESPONSIBILITY - CONTINUALLY AND ADEQUATELY REVIEW TRAFFIC CONTROL DEVICES TO ENSURE PROPER INSTALLATION AND WORKING ORDER, INCLUDING MONITORING OF LIGHTS PROVIDE AN INDIVIDUAL RESPONSIBLE FOR THIS REVIEW WHO IS CERTIFIED AS AN AMERICAN TRAFFIC SAFETY SERVICE~ ASSOCIATION CERTIFIFIED WORKSITE SUPERVISOR. (DISRUPTION OF TRAFFIC} FOR SAFETY AND OPERATIONAL PURPOSES, THE DEPARTMENT MAY REQUIRE OR RESTRICT HOURS OF CONSTRUCTION TO MINIMIZE DISRUPTION OF TRAFFIC ON THE STATE HIGHWAY SYSTEM. 14. SUBMITTED BY: Holdings Joint Venture PERMITTEE (PRINT) SIGNATURE AND ~ITLE THIS IS TO CERTIFY THAT THE ABOVE INFORMATION IS CORRECT WITH THE UNDERSTANDING THAT A3~Y FALSE STATEMENT WILL VOID THE PERMIT HEREBY REQUESTED. IN CASE OF NONCOMPLIANCE WITH THE APPLICABLE STATUTE, RULE, REGULATION, STANDARD OR SPECIFICATION, THIS PERMIT IS VOID AND THE FACILITY/ACTIVITY WILL HAVE TO BE BROUGHT INTO COMPLIANCE OR REMOVED FROM THE DEPARTMENT'S R/W AT THE PERMITTEE'S EXPENSE IMMEDIATELY. Gulf Bay 100, Inc.; dba 951 Land PLACE CORPORATE SEAL (OR FACSIMILE) ATTESTED WITNESS IS WAIVER OF CORPORATE SEAL ON FILE WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TALLAHASSEE, FLORIDA? YES ( ) NO ( IS ROADWAY CONSTRUCTION PROPOSED OF UNDERWAY? YES { ) NO ( ) RECOMMENDED FOR APPROVAL TITLE: DATE: APPROVED BY: DATE: DISTRICT PERMIT ENGINEER OR AUTHORIZED REPRESENTATIVE JAN 25 000 P~. ~ - EXECUTIVE SUMMARY TO CONDUCT A REVIEW HEARING TO DETERMINE WHETHER SEWER IMPACT FEES ARE APPLICABLE TO REAL PROPERTY LOCATED AT 15000 EAST TAMIAMI TRAIL OBJECTIVE: That the Board of County Conunissioners, as the governing body of Collier County, ~Ftohda, 4md a~ .iE~-Officia the Governing Board of t'he Collier County Water and Sewer District, ~:omhmt a Review ltearing parsaa~t-to Section 3..07 of Ordinance No. '98-69, to determine whether se~er :impact Iees are applicable to specific parcels of'real property in ~he 'former Rookery Bay Sewer Service area, which parcels of land are currenlly owned by DY Associates Joint Venture. CONSIDERATIONS: Collier County purchased the Rookery Bay Utility (RBU) on February 1, ! 999. No wastew-ater treatment c~pacity was pu_rchasext. Wa~qtewaler from the former Rookery. Bay certificated area is now treated by County's wastewater treatment facilities. In accordance with County Ordinance No. 98-69, all property owners in the former Rookery .Bay ,service area have been .notified that they are required to pay wastewater impact fees. The real property subject to this Review Hearing is called DUDA Farms at 15000 East Tamiami Trail. In 1996 and 1997, DY Associates Joint Venture purchased portions of the .subject land, folio numbers 00741120003 & 00741160102, which includes migrant farm housing and a day care facility. On September 27, 1999, DY Associates received a Notice of Sewer Impact Fee Statement. On October 25, in accordance .~vith D~inance iNo. 98-69, lhe owners rcqucsted a "Review Hearing" to determine whether sewer impact fees are applicable to this real property. The County Attorney's Office has concluded that the subject impact fees are applicable to this real property. FISCAL IMPACT: Staff estimates that 48 mobile homcs arc located on the subject property. The resulting sewer 'impact fees would be $24,960. GROWTH M_ANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, as the governing body of Collier County, Ftohda, and as Ex-Officio the Governing Board of the Collier County Waler and Sewer District, conduct a Review Hearing pursuant to Section 3.07 of County Ordinance No. 98-69 and determine whether sewer impact fees arc applicable to these parcels of land, now owned by DY Associates Joint Venture. SUBMITTED BY: Susan Usher, Senior Accountdnt ~VIEWED ~/x>"~ ~,/2' x.+~.'"/ /-7 :5~/_ >'{ '; ./ "./ C ~ow~o :w: rmn, Oi)erations Director ' APPROVED ~ ~: Ed [lschner, Pubhc , .~ ,, .. .j '":_..:' - Al'TORN £YS-AI'- LAW -Via ~ertified M~tl No..~Z 495.343 ~90 ~etu~n ~ece~t Requeamd Robert Femandez County Administrator 13301 East Tamiami Trail, Bldg. F, 2"a Floor Naples, .Flor/da 34112 J~e: Notice of Request for Hearing on Sewer Impact Fees Property Description: 'Section 13, TownShip 5~1, ]~ange 26 (Housing for Farm Helpers) Folio Nos. 00741160102 & 00741120003 Site Address: 15000 East Tamiami Trail Dear Mr. Fernandez: CRAIC; IL WOODWARD' lVL,,,RKJ. WOODWAm:) ANTHONY la. J. CH~OPHER LOMB~ S~N V, BLOU~ Jo.N A. ~E~"" PAUL L. ~ER-- BURT L. SAUNDER~ OFCOUNSEL Estate A2orney *"Board Ce~fied Ci~, Eou~and Local ,~o~ern.ment A~o r:ley Indiana and Georgia ~ A~ admi~ed in Pennsy~ania Please be advised that this law firm represents DY Associates Joint Venture (hereinafter the "Owner") with regard to the Notice of Sewer Impact Fee dated September 23, 1999 received from lhe L2__Z ' ' mnnra nFC'nille~r Coup. g" Co,,p.,mlSSlOp, ers, D,a.l;,. llf,-,.l.- T'~;..;-:~-- Pursuant to Section 3.07, Collier County Ordinance No. 98-69, this office is requesting a review hearing on behalf of our client to dete__rm_ine whether sewer system impact fees are applicable to the subject property..For your reference, the following information is submitted in accordance with Section 3.07. Collier County Ordinance No. 98-69: The name and ,~,4,4 .... of the Auu,.,..~,,ff,_,~t,tc~. of the property is DY Associates Joint Venture whose address is 801 Laurel Oak Drive, Suite 7i0, Naples, Florida 34I 08. 2) The full and complete legal description of the property in question is' Section 13, Township 51 South, Range 26 East, Collier County, Florida. If issued, the number of the building permits and the date such building permits were issued are as follows: unknown Pelican Bay Marco Island Please Respond to. Pehcan Ba3~ 801 Laurel Oak Dr., Suite 710, Naples, FL 34108 (94!) 566_3131 l~x (941) 566.3161 Eagle Dr., c,,;,~ ~ ..... 0 .............. sl~,,d, 4) Abriefly description of the nature of improvements on the property are as follows: Fifty-two (52) mobile homes rented by migrant farm workers, and (1) one child care facility. s) If paid, the date the water and/or sewer systems impact fees was paid: We submit that impact fees in the mount of_$!5, 000.00 have beenpaid by the Owner's predecessor in title. 6) ik ~ta~ement oi~ the reasons as to why the Owner is ~-e~uesting'the he,g: We submit l'hat pursuant Io Florida statutory, law; Florida common.taw; Got!/er Co ~_qty ~, and .C_~ llier Co~n~ Ordinance 9g-69, fhe subjec! pmpmty .is exemp~ from ,sewer impact fees. Alternatively, any applicab~ sewer impact fees should be reduced by the financial contribution of the Owner's prede~!essor in title as forth in paragraph five (5) above. We look leorw~rd to receiving written notification of the date and time of the hearing on this matter. Should yon have any questions or require an~v further documentation prior to the scheduled heating date, please feel free to contact me. Respectfully submitted, ~viark J. Woodward CC: DY Associates Joint 'Venture ]Edward Finn, Public Works Division Via Certified Mail No. Z 495 343 886 F: &,S ERS',,V, AN DA'TIDDLERS\ROOKERY'-~DY1M PACT.FEE JAN 2 5 2000 ATTO P.N£YS-AT-LAW I/ia Certified Mail No..~Z 495 345 059 Mr. Edward N. Finn Public Works Operations Director 3301 E. Tamiami Trail, Bldg. H, 3~a Floor Naples, Florida 34112 November 16,'1999 Re: DY Associates Joint Venture CRAIG R.. WOODWARD" ~J. WooDw~g ANTHONY P. PIKES, jR.,, j. CHRISTOPHER LOMBARDO SYE-v'EN V. BL0UNT CAP~E E. 'PAUL L. KUTCHER'"'~' BU~T L, SAUNDERS, OF COUNSEL ~'~l~oard taert~e~l ~eal Estate A.~mey "Board Certified Ci~', C-ounry-anrl :Local ..G~ver~men~. Atror~._ey '*~ Also 'admitted,in Indiana and Georgia "'°' Also admitted in Pen nsylva Dear Mr. Finn: This office is in receipt of your letter dated October 27, 1999 regarding our client, DY Associates Joint Venture. As you are aware, this office has timely requested a hearing pursuant to Section ~ 0" Cnllier Cnnnty Orclinm~ce No~ qg-6c) to detep!!ine whether sewer system imnact fees arc applicable to the subject property. Pursuant to Section 3.07 (E)~ Collier County Ordinance No. 98- '~ '~ ~-' ' ' ' ~ ~' ' : ~ ' ~ '..~uultt¥ or, rne L ounty A~m~mstrator is oougatedlo schedule a neann~ before the Board of Coilier '-' ..... ;' Commissioners upon the receipt of our request for a hearing. However, in an effo~ t~ accommodate your request foradditiona! info__rm_atiom !ameaclosinga cop>, ~XZ .... ' .... 2.-* 11113 IULLUI ~uhy explains the basis of our position that our ¢.en, is ~; ~Oulate~ Juu~t Venture. ~-'- ' ..... exempt from sewer impact x%es. and also discusses the previous payments m~de by our cliem's predecessor in title. IfI can be of any fu~her assistance, please feel free to contact me. cc: client Ve.u, truly yours, "Ma~ J. Woodward Pelican Bay Marco Island Please Respond 801 Laurel Oak Dr., Suite 710 Naples, FL 34108 606 Bald Eagle Dr., Suite 500, P.O. Box 1, Marco 'Island, FL~41~4ff) ~ CHR~5 H. E l~lA RS HA LL ~) EI-~RD 1N G CAROL L. D~ ~%~N' ~ MINDUN, ~A. D~ L. SHIPPY JOHN Law O~qcm RECEIVED COUNTY ADMINISTRATORS OFFICE ROSE, SUNDSTROM ~ BENTLEY, LLF- 2548 BLA1RSTONE PINES DPaWE TXLLO~SSEE, FLORIDA 32301 (850) 877-6555 ACT I 0 N FILE.. Iai TA~SSEE FLO~DA 32502-1567 ~CoP~ ~50) 6~029 November 16, 1999 Robert ~Fernandez County. Administrator 3301 East Tamiami Trail, Bld. F, 2nd Floor Naples, Florida 34112 DY Associates Joint Venture ("Owner") Sewer Impact Fees PropertT Description: Folio Nos. Section 13, Towmship 51, Rmqge Farm Helpers) 00741160102 & 007441120003 15000 E..o. T&miami Trail 26 (Housing for =D ear't~ir. Wernandez: We represent DY Associates Joint Venture. This letter requests that Collier 3<1. IOI'u I 'll-I ....................... l-' .......... , ~-..~ ~,,..,,.,,.,= ,.,, o~:,,,,=, Impact Fee. "- law does not permit the assessment of additional sewer impact fees. Collier County Ordina_n_ce Section 74-167(4), entitled ,,~,~,~.,~;~.o~..~._.~.~.o,,, is clear mhd unmmbiguous. That section says the c-"~-,~n~, e ,-,,,- e,~., ............. w~ . -'~-5'"- o ar exempt from *~'~ "o'~-.~ ~c..'~..~o. fees, Buildings, structures, or improvements, either then existing or which then have been issued a building permit for which construction is proceeding in good faith, previously- served by a utility service pro~4der other than the county., provided that at the time the county formally resolves to acquire that utiliW, the board expressly declares its intention to operate said utility as a component of the regional water and/or ~ ~;iuii,t, sewer system. As you ("Duda"), paid to the are aware, the Owner's predecessor in title, A. Duda & Sons, Inc. County's predecessor in fitl~i~tKo~ ,.~.~.?r&' ,B~.Z~ti!ity_Cmmpany Mr. Robert Fernandez November 16, 1999 Page :2 ("g~ ttay"). $1~.OO0 as ~ 'fee's mad a~~m, money ~~m~ v~nues ha~'be~ p~d, first now to Co.er Co~' (for a tot~ of 26 years), Co~ ~~ ~exp~ssly d~~] i~ ;intention component of ~e re~on~ water ~or re~on~ sewer systemL]" pursuit to R~olufion 98-297. Spedfic~ly, Collier Co~W stated: 2. The County, by and through its Public Wor'ks Administrator and staff, has investigated and is generally apprised as to the ~physical condition of the utility facilities for interconnection of the existing collection system presently owned by the County with the system owned by Rookery Bay Services, Inc. (PBS). 6. RBS has agreed to construct the necessary facilities for connection to the County's re~onal ~a_n_sm_ission and treatment facilities. 13. The CounW has the financial abiliw to provide sewer service to the current Rookery Bay service area within COHier County. The County_ha._q ~adgo~ed for ,~_xt. ension of Bay service area. Clearly then, the Owner fits within the designated exemption afforded by Section 74-167[4) of the Collier County Code. Furthermore, Florida coramon !aw n_fiords an additional b,,o:o for not requiting the Owner to pay additional sewer impact, fees. The dispositive case is City of Cooper City v. PCH Corp., 496 So. 2d 843 (Fla. 4~ DCA 1986). In that case, PCH, the developer, pursuant to a Developer's Agreement with Cooper City Utilities ("Utility"), gave the Utility the exclusive right to provide water and sewer service to 520 acres of land that PCH owned and was ready to develop. PCH.paid $450 per connection. The Developer's Agreement was binding on the parties' successors and assigns. Thererdter, the Utility sold its assets to the City of Sunrise, which was also involved in litigation with the city nF C. nnpo~ City m,o~ o,.~mership of thc 'r~',-.;'m--., ~"~ ....... ,..~- dispute, the City of Cooper City became the owner of the utility and passed an ordinance increasing the connection fee charged PCH from $450 to $1,550. On appeal, the court flamed the issue as follows: "Whether the water and sewer Mr. Robert Fernandez November 16, 1999 ~Page 3 *oonnection gees imtmsed by ~he Or?s_~ ~inanee are invalid ~ sus~h ~ me unreo$onable and therefore invalid t>ecause they arbitrary discriminate against new users in favor or exSsting users." tn invalidating ~the _.increased connection Zee, *&e g~enxat aulzhority, ~lii{i] ~not li.elrray ~:ost on,a flair share pro rata basis, and as 'such [wa]s 'an unconstitutionai-impairment of contract." Id. at 846. Based upon the foregoing, the Owner respectfully requests that Collier County reconsider its'Notice of Sewer Impact Fee. The Owner has prexdously paid Connec'don Fees to reserve capacity., and fixrther, made guaranteed revenue payments; therefore, it would constitute an unreasonable exercise of governmental authority and unconstitutional impairment of contract rights to attempt to impose addidonai connection fees. Thank you for your consideration to this matter. 5~SXdt cc: Mark Woodward, Esquire Woodward, Pires & Lombardo xgulfbay\coun~ letter Ro~e, Sundstrom.&Bentiey, LLPj.IAN ? 5 2000 25q8 Blairstonc Pines Drive ~il~aha~scc. Fiorida~ 32301 '~ ~ATE: FROM: MEMORANDUM 013 J~Y' t3 ~',"i 10: EO ;]anuary i2, 2000 .Thongs C. ~almer_ _, AsSistant U_J~tmly ~y Wastewater Impact Fees Charged to Lands Owned by DY Associates Joint Ventures (Formerly DUDA Farms). This memorandum comments upon a letter dated November 16, 1999, signed by William E. Sundstrom of the Law Firm of Rose, Sundstrom & Bentley, LLP, which letter argues that the subject lots situate within the former certificated area for the Rookery Bay Utility Company .are exempt from wastewater impact fees imposed by Collier County as a result of the County's purchase of the Rookery Bay Utility Company's system less any treatment plant. In said letter Mr. Sundstrom argues that "applicable law" does not permit Collier County to assess wastewater impact fees on the subject real property' (situate in Section t3, TownShip 51, Range 26 (Housing for Farm Helpers) Folio Numbers 00741160102 and 007441120003). Mr. Sunds_trom asserts two (2) seperate arguments. · FIRST AR'_G__UM-ENT:-Mr. 'Sundstrom's first argument is that the subject-lands are ,--,o~,,t.~A from. the subject wastewater impact c~,?~ based upon .h,.. fcmrth (Athh listed exemption in Division 3, paragraph 1 of Coliier County Ordinance No. 98- 69. That exemption reads as follows: Buiidings~ structures, or improvements, either then existing or which than have been issued a building permit for which construction is proceeding in good faith, previously served by a utility service provider other than the county, provided at the time the county formally resolves to acquire that utility, the board expressly declares its intention to operate said utility as a component of the regional water and/or regional sewer system. That ordinance provision does not exempt the subject property fYom any sewer impact tees. Collier County did not in Resolution No. 98-297 "expressly declare its intention to operate the Rookery Bay Utility as a component of the regional water and/or regional sewer system." Mr. Sundstrom inserts into his letter paragraphs 2, 6, and 13 of Resolution No. 98- 297, anti conClaaes that b~, ot~ation of~o~ ~ ~ ~r ~, "expresSly declared its intention to operate the Rookery, Bay Utility as a c, omponent part oflhe County's regional was~ewater system.;' The County cannot'trigger operation of'the subject 4~h exemption by inference or implication. In order to trigger the 4th exemption, the Board of County Commissioners must expressly declare that the County intends to operate the acquired utility system as a component part of the County's Regional System. The County has done no such thing. If the 4th exemption were in play, the County would not assess any impact fees against any of the RoOkery Bay's former certificated service area property owners as a result of the subject purchase. Also, Staff would have been mslructed not to 'make any such assessments against any of the real property located anywhere within that service area. if the Board of CountyCommissioners had intended to triggerthe 4:h exemption contained in Ordinance No. 98-69, something akin to the _following ~vouid have been included '.'~. the "~ or~,~,~,~n~ for Purchase and Sale" and in Resoh,*ion No. 98-297: ..... p~n~nt of the ~.~,,,h,'~ R~onal w~t~,~,~,- q,,~t~,~ Collier County ~ntenas hereby to apply the ~ounn t~'") exemption in Section One of Ordinance No. 98-69, codified as exemption (4) in Division 3, Section 74-167 of the County's Code of Laws and Ordinances. The int~nf of this a~fi,, i~ ~ follows: None of the .......... ~ improvements in Rooke~ Bay's former ceaificated se~ice area shall be required to pay wastewatcr impact fees that would be applicable because of this purchase and sale but for application of the exemption: Ail now existing buildings, structures, or improvements, or any of the same that have heretofore acquired a building pe~it from Collier County, but as of the effective date of this Resolution the respective improvement has not been completed but ......*: - thereof has proceeded in good faith." I can make this statement because I (several times) edited the Rookery .Bay Purchase and Sales Agreement, and I wrote Resolution No. 98-297. All that R~esotution No. 98~297 says it that C-oH/er County-will interconnect Rookery Bay's then existing wastewater collection system with the County's then exisxmg ¢oltcxxion system in ~ for ~l~e Cummty ~ ~'~1c ~as~ ~ema, em service to the former Rookery. Bay service area. insofar as i am aware, Collier County seldom 'if ever aequires a wastewater utility withnm interconneming ~hat system ~vi~'Che Count's .sysmm bythe effective &~te of ~ansfer ,of Xitie to ~ County. The County has never considered operatingRookery Bay on a stand- alone basis. The 4th exemption in Ordinance No. 98-69 can be triggered only as an affirmative decision of the Board of County Commissioners, and only if and when the County intends to acquire a non-interim utility system from another utility provider and there then exists some lawful' and rational basis why impact fees should not then be assessed against the new customers of the Count)', such as, for instance, (1) if the County is to acquire the selling Utility's functioning wastewater treatment plant or plants, or (2) the County does not intend to interconnect that system with the CountY's system at the time of' acquiSition by the County, but ibr at least some per/od of time intends to operate the newly acquired system as a stand-alone system. The subject irnpact fees are assessable ' -:--'~ ~ pnnc~pany because Ihese new customers - vis-a-vis the County - added additional treatment demand upon the ~,__~UUllty 5 'VV-dDLIUV'Ci:lt[71 H~i::ILIII~II~ li::l,~llltl~b i:l. ll*~J DIAL,Il LIgTi21UllK;;lll, 12,ttll UK; ~ll~tdtKJkl O~] 'fhrough use ~o:f'"ofher'o'~-~'fhe-~ounty'wastewater i-ac"?h fi es. Collier County', particularly Mike McNees, made a considered decision not to acquire any treatment plant owned by Rookery Bay. Those treatment facilities were deemed by the County to be of insufficient quality, and quantity, to be of ~u~mcr customers of Rookery Bay, the value to the County. By acquiring the "~ County thereby added additional wastewater treatment demand upon the County's weatment facilities without acquiring offsetting treatment plant capacity from Rookery Bay. Application of the 4th exemption in Ordinance No. 98-69 was rejected by the County for several reasons, including the fact that the County decided not to acquire any treatment plant from Rookery Bay Utility CompanY. ~ON RE FIRST ARGUMENT: Mr. Sundstrom's first argument should be rejected, as it is without merit. SECOND ARGUMENT: Mr. Sundstrom's second argument is as follows: Florida's "common law" affords an additional basis for not requiring the subject property owners to pay to the County the subject sewer impact fees. He opines that"the" dispositive judicial decision is City of Cooper City v. PCH Corp., 496 Coo, per City does nol hold that a loral govemmenI, such ~ Collier Coamy,/s bound by any Agreemem between alandowner arM/or developer anda pfiv~,_te Utility, even if the local government signed the contract as a party, thereto. In Cooper City four parties entered into a written Agreement to settle a lawsuit. Those four parties were: (1) The City of Sunrise (a municipality), (2) Cooper City (a nmnicipaiity), (3) a land developer ("PCH"), and (4) the former privately owned utility company called "Cooper City Utility," In that written Agreement each of those four parties expressly agreed that the sewer connection fees that would be thereafter be charged by whichever party eventually acquired that utility would remain the $450 sewer connection fee that had been formerly paid by that developer to that private utility while it was a private utility. Those four parties also agreed that the written agreement would be binding on the successors of each party to the Agreement, including Cooper City. Cooper City eventually ended up acquiring title m that utility. Notwithstanding that Cooper Ci~ signed that Agreement as a par~, Cooper Ci~ J: ........ m urea.ce rinsed Cooper Gty's sewer impact m~r~gardcd that a~eement m~d by --~ .......... =-- l~es 'ffom~$~5¢~o'Sq ~.-Fhe flispositive ~ssue in Uooper ~i~ was w~e~er Cooper City could lawfully raise those sewer impact fees notwithstanding that il had signed that Agreement. Cooper Ci~ held that Cooper Ci~ could not law~lly apply the increased fees to a portion of the foyer utility's se~ice area only because the evidence did not prove that a sufficient amount of the CiW's cost basis for the increased impact ~%es could be imputed in that portion of the former private utiliW's se~ice area. Notwithstanding that Cooper City had si~ed that agreement and thereby a~eed the then existing $450 impact would prevail, Cooper City could have lawhlly raised those sewer impact fees to that part of the foyer seD-ice area if Cooper City's increased capital costs could have been imputed to that part of the utility's se~wice area. However, the vast majoriB~ of Cooper City's costs for the increased wastewater impact fees were for new utiliW facilities that were not needed to serve that portion of the utiiity's se~ice area. There is no split of service te~ito~ issue in Collier Coun~ vis-v-vis the foyer Rooke~ Bay se~ice area. The only reason Cooper City might have been constrained in the first place by that written Agreement was because Cooper City signed that _~greement as a party. The Court wrote: "A municipality may not change a rate setin a contract between Cooper City does not hold that Cooper City would have been bound by that ~reement ~fCooper Ci!3, ~ not agre~ ~hereXm ~ ~rea~~' the ~r~sti~ $450 i~ fees. Moreover, the Coan held ~hat~Coo~~ coutfl hax~ disregarded its promise in that agreement if the evidence had shown that the costs incurred by .Cooper City were for utility facilities that were actually needed to serve the disputed portion of the ~fility's service area. By the way it should be noted that the Court's language is imprecise and is incorrect with regard to the "burden of proof." When someone questions the "reasonableness" of a local government's utility rates and/or charges, the local government does not have the burden of proving the "reasonableness" of those rates or charges. The party asserting that a local government's utility rates and/or charges are "unreasonable" carries the burden of proving that the questioned rates and/or charge are "unreasonable." The Purchase and Sale Agreement 'between Collier County and Rookery, Bay expressly provides that the County shall not be bound by any agreement that t_he County did not sign as ~a party, in flae absence of.any such written~agreement signed by County that inures to the current landowners, the County, is not cono~ a~ned by any agreement that may have ho,,,, ,,,~to~,,,~ into by Rooked,~ Bay. City of Key VFest v. R.L.J.S. Corp., 537 So.2d 641 (Fla. 3~a DCA 1989); City qf Hallandale v. Acmar Engineering Corp., 560 So.2d 802 (Fla 4th DCA 1990); Also H. Miller & Sons, Inc., v. Hawkins, 373 So.2d 913 (Fla. 1979) and Cohee v. Crestridge Utilities Corp., 324 So.2d i 55 (Fla. 2nd DCA i975) hold that Florida's Public Service Commission cannot even consider a utility's agreements with developers When setting a jurisdictional utility's "reasonable" rates and/or charges; this includes deed restrictions. Public Service Com 'n v. Lindahl, 613 So.2d 63 (Fla. 2nd DCA 1993). The fact that former ov~aers of the subject lands may have paid to Rookery Bay some wastewater impact fees is i~elevant from the County's viewpoint. It's ancient, irrelevant history. Incidentally, the written Agreement between the former owner of the subject lands and the Rookery Bay Utility does not even purport to make any promise that Collier County will not impose any impact fees against the subject lands. That four (4) page Agreement is dated October 5, 1973. The only relevant text therein is paragraph 5, which reads as follows: charge ~e sum of fifteen tholed ~d no/100ths dollgs ($t5,000.00) to Spa~ ~k~ ~y ~tili~ ~.]. ~is ~um shall reprint ~imb~~t (sic) sewage as the need mses?' Said agreement does not even promise that Rookery Bay U.tility Company is barred from later on assessing other fees against the subject land. Collier County was not a party to that Agreement. In order for any such Agreement to even conceivably restrict the County in assessing the subject impact fees against the subject parcels, Collier County would have to break ~ the County's promise would have to be for the benefit of the current landowners, and each person or entity making a claim of"vested rights" against assessment of the subject County sewer impact fees would have to prove that each such claimant relied upon the County's promise to the respective claimant's detriment. City of Key West v. R.L.J.S. Corp., 537 So.2d 641 (Fla. 3rd DCA 1989). whoiiy ~or partiaiiy exempt -fr-om ~he -subj ecl ~was~cwa~cr ~pact~cs. even if Collier County had '~',,a,~e '~ o~,,., ..... a promise In a written a~greement ~ha~ was signed by the County as a party thereto, such a promise would not be binding on the County if, notwithstanding such a promise, the subject sewer impact fees are "reasonable" as applied to the subject lands. City of Cooper City v. PCH Corp., 496 So.,.,~°~ 843 (Fla. 4th DCA ' o~ In +~; .... +.~+ ,, .......... ~" means "-~+ cost justified." The subject sewer impact fees have not been increased based upon any of the County's costs incurred in acquiring Rookery Bay's facilities, in fact no assertion has been made that the subject impact fees are "unreasonable" as applied to the subject lands. As Collier County has made no such promise, it might constitute undue discrimination (unlawfully in favor of the subject lands) if the County does not EXECUTIVE SUMMARY APPROVE PETITION TM 99-01 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT FOR DONNA STREET IN TIlE COCONUT CREEK ESTATES NEIGHBORHOOD. OBJECTIVE: To gain Board approval of Petition TM 99-01 to allow for the installation of a temporary road closure device on Donna Street at the intersection of North Road. CONSIDERATIONS: A petition was submitted by the residents of Coconut Creek Estates requesting evaluation of traffic concerns within their neighborhood. Workshops were held and a community traffic team was organized in accordance with the Neighborhood Traffic Management Program (NTMP). Staff performed traffic studies throughout the neighborhood which confirmed that speed and volume problems do exist. County staff and the Community Traffic Team developed two options for the neighborhood, which would consist of eitL. a diagonal diverter at the intersection of Donna Street/Gail Boulevard or a closure of Donna Street at North Road. Staff supported the diagonal diverter at the Donna Street/Gail Boulevard intersection (Attachment 1). This treatment would respond to concerns relating to possible increase in traffic volumes as well as existing cut-thru issues. Additionally, it would greatly reduce the chances that other traffic management devices would be required in the future at other locations in the neighborhood. At Workshop #2, the neighborhood reached a consensus supporting the closure of Donna Street at North Road (Attachment 2). A temporary closure was suggested enabling staff to monitor driver behavior patterns for a period of four- to six-months. Should the temporary closure be successful in reducing traffic volumes to the desired levels, a permanent device would be designed and installed. Typically, the County and neighborhood share in the cost of traffic calming devices. However, in this instance, the neighborhood would like a waiver of their share of the cost as they feel that recent Board decisions have greatly contributed to the traffic problems that now exist in their neighborhood. The estimated construction costs for the closure are as follows: TEMPORARY CLOSURE PERMANENT CLOSURE Limerock turnaround $ 300.00 Barricades and placement $1,200.00 Signing and Marking $ 800.00 Total $2,300.00 Asphalt driveway turnaround $1,500.00 Concrete curbing $1,800.00 Fill dirt $1,200.00 Sod $ 900.00 Total $5,400.00 After Workshop #2, issues were raised by Fire, Emergency Services, and the Sheriff's Office regarding impacts to their response times. Subsequently, a third workshop was held allowing Emergency Services personnel an opportunity to communicate their concerns to the residents. The consensus of the neighborhood was to proceed with the temporary closure.' Emergency Services personnel opposed any closure (Attachment 3). However, both groups were unanimously in favor of an electronic gate as a permanent solution rather than a berm-style application should the temporary device achieve the desired result of reducing traffic volumes. JAhl 2 5 2000 ! The estimated cost to install an electronic gate is as follows: Gate operator barrier with 12-foot arm Surge protector Loop detectors Receiver security access Power to unit Total $2,399.00 $ 104.00 $ 770.00 $ 312.00 $2,000.00 $5,585.0O Therefore, the total estimated cost for a permanent closure with an electronic gate would be $5,400.00 less $1,200.00 (fill dirt) plus $5,585.00 = $9,785.00. At the time this proposal was put forth Staff was not in a position to render a professional opinion on the application of this device. It is considered by Staff that such an installation, combined with the potential for proliferation of gates in an already, severely restricted traffic infrastructure, would be counter-productive to the best interest of the County as a whole. Additionally, annual maintenance and exposure to litigation in the event of a failure to the activation device could prove burdensome in terms of budgetary constraints. As a result of these concerns, staff is opposed to this option. Staff has also reviewed the concerns of the Emergency Services Department and East Naples Fire Rescue. While the temporary closure will not allow access for these groups, the barricades will be in place for only four (4) to six (6) months. Because of their temporary nature and design, they can be removed rapidly should they prove to be troublesome. Staff will recommend that should a future permanent closure be the appropriate action, a closure traversable by emergency vehicles would be designed and constructed. FISCAL IMPACT: Funds in the amount of $2,300 for the temporary closure are available in Road Construction Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the temporary closure of Donna Street at North Road with a four- to six-month evaluation period. The evaluation period will provide greater clarity to both the positive and negative impacts of this strategy. Staff will return to the Board with a recommendation for a permanent solution after the monitoring period. R[Ot ST D Gerald Morris,q6roject Manager I R v w D Y: Dale A. Bathon, PE, Traffic Operations Manager ~o( Ed~ K~g, T[anspon~ion Services Director ~EdCd N~Intehm ~blic Works Administrator DATE: DATE: DATE: JAN 252000 ! ,___] I?ADIO ROAD (C R 856) ~ To ATTACH~g~T 1 Page 1 of 2 Diagonal Dtverter at D~ Street/Gall Boulevard ATTACHIqENT 1 Page 2 of 2 ~.finition: A barrier placed across any portion of a street that is traversable by bikes, pedestrians, in-line skaters, and emergency vehicles, but not by motor vehicles. Advantages Disadvantages · Reduces or eliminates cut through traffic. · May inconvenience residents gaining access to their propeaies. Depending on design may be subject to violation by unau:horized vehicles. Altered trafSc patterns ma,,' increase n-ip '-r. valuation Considerations Sat-e~' I Speed TraFEc Fue! Pollution Cost Emcr2encv ~ .......... I Reduction Reduction Consumption Services NO. , Improxement Yes ,'es Sii.g!~Increase Small ,~ledium NoEFfect , ~c~o.~s~I I JAN P~ _L I , RAt)lO ROAD (C R 856) EAST NAPLES ulnnl E A~rACHNENT 2 Page 1 of 2 Full Clos~ -xa~finition: Street closed to motor vehicles using planters, bollards, or barriers, etc. ATTACHI~ENT 2 Page 2 of 2 Advantages Disadvantages · Eliminates t~-ouzh traffic. · Reduces speed of the remaining vehicles. · Improves safe.'3.' for a~l the street users. · Pedestrian and bike access maintained. · Reduces e,mergenc7 vehicle access. · Reduces access to properties for residents, · Nlav be perceived as inconvenience by some neighbors and an unwarTar.:ed res~iction bF' the general public. · NIa;' increase 7,!? lengths. · IMav increase volumes on other s~eets. -lV. val uatio n Considerations Possible 5'es Impro; ement Reduction Consun:ption Services ISligh: Increase No EFfect Problems ~_olll~r Cfluntv No!o'hborhood Traffl¢ Management Pro.am Other COLLIER COUNTY GOL RN ENT, EMERGENCY SERVICES DEPARTMENT EMS / FIRE t999 STA TE OF F/.OR/OA EMS PRO VIDER OF THE YEAR 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8459 FAX (941) 775-4454 November 15, 1999 A CERTIFIED BLUE CH]P CO~IL'NIT'Y Gerald Morris, Project Manager Transportation Services Department RE: Coconut Creek Estates Traffic Calming Dear Mr. Morris: IATTACHMENT NO. PAGE I , OF 2,- Regarding the temporary closure of Donna Street at North Road, please accept this letter as written notification that Collier County EMS does not support this traffic calming technique. We at EMS are very concerned with the time delays that may result should this project be approved. Please feel free to contact me at 774-8459 should you require any additional information. Sincerely, N Jeff Page, Chief of Operations Collier County EMS cc: Diane B. Flagg, Emergency Services Chief OFFICE OF TKE CI41F. F East Naples Fire Control and Rescue District Tel# (941) 774-7111' Fax # (941) 774-1782 January 10, 2000 Gerald Morris, Project Manager Transportation Services Department RE: Coconut Creek Estates Traffic Calming Dear Mr. Moms: Regarding the temporary, closure of Donna Street at North Road. please accept this letter as written _notification that East Naples Fire Control and Rescue District does not Sup'port this traffic calming technique. We at East Naples Fire Control and Rescue District are very concerned with the time delays that max, result should this project be approved. Please feel free to contact me at 774-7111 should you require any additional information. Sincerely, Robert Schank Fire Chief RS/mmf .lAN ~_ 5 2000 EXECUTIVE SUMMARY APPROVE FUNDING FOR PRELIMINARY ENGINEERING AND ENVIRONMENTAL ANALYSIS FOR CONSTRUCTION OF A ROADWAY FROM RADIO ROAD TO DAVIS BOULEVARD OBJECTIVE: Obtain Board of County Commissioners approval of funds to perform a preliminary engineering and environmental analysis for construction of a roadway from Radio Road to Davis Boulevard. The alignment to be considered is within the Florida Power and Light (FPL) easement, between the Foxfire and Moon Lake subdivisions. CONSIDERATIONS: At the direction of the Board of County Commissioners, the Public Works Division has been involved in right-of-way negotiations with FPL for the purpose of gaining permission to use a portion of their easement for the construction of a roadway from Radio Road to Davis Boulevard (see Attachment No. 1 - location map). After several meetings, FPL has affirmatively responded to the County's use of a 42-foot wide section of their 110-foot wide easement in a letter dated December 1, 1999 (see Attachment No. 2 - Dec. 1, 1999 Letter from FPL). FPL owns half of the approximately one mile long easement in fee simple. The other half is owned in fee simple by Cayo Costa at Moon Lake and the County will have to obtain that portion in addition to purchasing the FPL portion. The proposed typical section is iljustrated in Attachment No. 3. In order to proceed with the roadway project, several additional actions are needed as part of the preliminary engineering and environmental analysis. These activities include, but are not necessarily limited to: inventory of structures which may be impacted by the aerial easements; water quality and quantity requirements and determination of treatment strategies; negotiations with property owners to secure additional right-of-way; traffic studies to determine effects at both Radio Road and Davis Blvd.; mitigation requirements for wetland management; and, endangered species determination. Estimated cost for the preliminary engineering and environmental analYsis is approximately $100,000. The estimated cost for FPL to relocate their transmission and distribution lines is approximately $2,000,000. In addition, FPL will require that the County secure two aerial "blowout" easements (21-foot) on each side of the existing easement. Total cost for the roadway within the FPL easement is estimated at approximately $6.8 million and will be limited to a two-lane section with no provision for future widening. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $100,000 from Gas Tax Reserves and into project 60135. Source of Funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None. JAN 2 5 2000 .G. I RECOMMENDATIONS: That the Board of County Commissioners approve funding in the amount of $100,000 to perform a preliminary engineering and environmental analysis for the construction of a roadway from Radio Road to Davis Boulevard, within the Florida Power and Light easement, between the Foxfire and Moon Lake subdivisions, and prepare and execute the necessary documentation, including the necessary budget amendment. SUBMMITTED BY: Richard Hellriegel, P.E. P.W.E.D. Senior Project Engineer REVIEWED BY: Jeff Bibby, P.E. P.W.E.D. Director DATE: DATE: REVIEWED BY: Edward J. Kant, P.E. Tran ?PoSt a~ic e S D,~-°°~ APPROVED BY: .~/~.~'/' ... ~ /j ..- ..... E-d3q:~;d N. l~terim Administrator ,' ~'- PtSblic Works Division DATE: Attachments: Attachment No. 1 - Location Map Attachment No. 2 - December 1, 1999 Letter from FPL Attachment No. 3 - Proposed Typical Section within FPL easement JAN 2 5 2000 '---:=:rt.','" ATTACHMENT No. 1 ~-t ATTACHMENT No. I::i=1.. December 1. 1999 Florida Power & Ligln Coral)any. 1813 Lee Slrcet, For1 Myers, FL 33901 Fax (941) 33219209 .',lt. Ed llscher Public Works Administrator 3301 East Tamiarm Trail Naples. FL 34112 Dear .',.ir I!scher: Thiz '.'.':1! c.3n.'5 .m'.. our recent me.-::.".'__' conze.m.:ng Co!!::: Ceun:'.."s ,z_~.o e( 2 pe~!en of FPL's :r2...sm~ss:'on r:,'ht-of-'.', ay bet','.een Radio Road and Da', is Boulc'.ard As ,.,.e d:scussed. FPL is wllhng to sell the count', a ..12 foot ~.,. ~de rl~ht-o'f-~.tay located m the center of our 1 I0 foot '.,,~de proper't? on that pon~on of the pro.re.,-y that FPL o'.vns :n fee. On the soufl~ern pomon of FPL's .-':ghbof-,.~.av that consists of an easement. :t :~,fil be First nez:ssar? for the count', to obtain the ,nec:sia~' r:,.:'h:s ,'-rom the underl.,.lng Fee o'.,.ner or under actual em. meat domain proceedings The od'.er conJmons to utilize the FPL r;'_..4hbo£-'.',a', for the nev, road',,.ay are 1o obtain aerial transmission easem:.-.:s along :he ennre rou~e betv. een Radio road and Dav~s Boule',ard for an addmonal 21 feet on both s~des of. abe .-',::sting rlght-of-,* a.', horn pn'.'ate ?topee-ay o,,,..'ners m a form acceptable to FPL and to pa.',' costs for relocat:ng the FPL facd;tles. These fac:ia:es cons:st of't'~o ::'ansm~ss~on c::cuIts and d:str:?u:lon c:rzmts. The non-binding rough est;r'r, ate of the rdocat:on :s t,ao m~llmn dollars and could be more once the deta:led engineer:rig is done. Once :he count,.' has obtained all nzzessar,, land r:gh:s easements. FPL '.,.ould require the count? lo enter :nto FPL's re!ocatlon agreement for the relocation or,he FPL facflmes or. if the rlgh:s ha,.e be:'n acqmred through an ac:ion in emmem dow. am ('ah:ch ,.,.ouid name FPL as a pa.,-:,? ). to enter ~n:o an a2reed ordt:r contain;n,_' the a..'rc::r,,,.cnl of the county to pa.'.' :'or th,..' relocation and ta~.:lng subjt.'ct to .F-pL t:asemcnt rights (',,.hich '.,.ould not interfere '.,.~th the Counrv's usel Already ~t ~s becoming clear that this project could be contentious to neighboring res~denls For that reason. '.,.e '.aould ask lhat the count.,,' handle all coma"'nunicat~on$ with neighbors or land ov,:ners in so much as all of FPL's a:n'.ltles v, dl be necessitated by the county's roadv, ay project. If you ha',e an.',' questions regarding the above please contact me at 332-9291. Sincerelv.. "'/~rovcr ".Vhlddcn Reglonal Ex~cmal AlTairs Manager Ed Garcon ('he,ok \lathvs [)axe Vcccl'm;, #0.~. ~ 2 5 i 0110 ATTACHMENT No. (>133~13 NVI~3OqYH Ol SNI¥~IO) NOISIAI081')S 3H¥'1 NOOPi (>(3350 >OO~ Ol SNI¥~IO) .o~,oans 3~llj xo.J EXECUTIVE SUMMARY Consultant Selection for County Administrator Vacancy. OBJECTIVE: To select a consultant to screen internal applicants for the vacant County Administrator position. CONSIDERATION: At its board meeting on January 11, 2000, the Board of County Commissioners asked Human Resources to compile a list of consultants who are interested in screening internal applicants for the County Administrator position, and to present this information at the January 25, 2000 Board meeting. A letter of inquiry was sent to seven consultants. This letter included the scope of work and requested that interested consultants send: a) a description of the screening process they will follow and how they will manage this project; b) a quote for the cost of this service; and c) previous executive recruitment experience including their last two engagements to fill a County Administrator/City Manager position. Three consultants submitted proposals. A summary of the proposals is attached. Based on their proposed process, cost and experience, Human Resources recommends Rachlin Cohen & Holtz LLP. Copies of the complete proposals will be provided to each Commissioner. In addition, a copy of the proposals will be available for review in the Human Resources Department. FISCAL IMPACT: Fiscal impact will occur once the Board selects a consultant and then enters an agreement with them. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners select a consultant to screen internal applicants for the County Administrator position. Furthermore, that funds be approved by way of a budget amendment to fund this project. SUBMITTED BY: ~ t~.~ Date: '~'/ //~ Karen...~/~,}z/A..K_~ocs3~nior Human Resources Analyst REVIEWED BV:Q_. ~q.4'~~~~/~ Date: /. /~. ~ Jen~er~]~d~vards, Human Resources Director Leo Och ,~., Su~pport Services Administrator N~. [~ Pg. ,,, ,,, [ JAN 2 5 2000 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the expert fees associated with the acquisition of parcels 106A, 106B, 706 and 806 in the lawsuit entitled COLLIER COUNTY v. Naples Italian American Club, Inc., et aL, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Rd. to Vanderbiit Beach Rd.) OBJECTIVE: That the Board of County Commissioners approve the expert fees and costs associated with acquisition of parcels 106A, 106B, 706 and 806 in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al., Case No. 98-1672- CA-01. CONSIDERATIONS: In the summer of 1998, the County acquired parcels 106A, 106B, 706 and 806 in the case of Collier County vs. Naples Italian American Club, Inc., et al., for the six-laning of Airport Road between Pine Ridge Road and Vanderbilt Beach Road (Project No. 62031). A Stipulated Final Judgment was entered by the Court on September 3, 1999, the terms of which were approved by the Board of Commissioners on June 22, 1999. (A copy of that Stipulated Judgment is attached to this document.) An Agreed Order Awarding Expert Fees and Costs will be filed with the Court. The breakdown of these fees and costs are provided below: RE Analysts, Inc. Woodward, Pires & Lombardo, P.A. TOTAL Appraisal Fees/Costs Attomey Fees/Costs $ 4,000.00 $18,480.00 $22,480.00 FISCAL IMPACT: Cost: $22,480.00 to be obligated in the budget for FY 99/00. ~h' Fund: (331) Road Impact Fee District 1 Cost Center: (163650) Road Impact Fee Construction Project Number: (62031) Airport Road Six-Laning Project (Pine Ridge Rd. Vanderbilt Beach Rd.) ' to GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees and Costs; and 2. approve the expenditure of the funds as stated; and 3. direct staffto deposit the sum of $22,480.00 into the Registry of the Court. Prepared by: Assistant County Attorney Date l~cah Massaq~,~ct Man~er Office of Cap~aI Projects Management Date iewed by: /~effi:~y Bibby, Director ~ Public Works Engineering Dept. Date Approved by: D-avid C. Wei~el,-Count~ttomey h:/td/Executive Summary/CC v. Naples Italian American Club, Inc. Parcels 106A, 106B, 706 and 806. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO. 98-1672-CA VS. Petitioner, CIVIL ACTION NAPLES ITALIAN AMERICAN CLUB, INC., et al. Respondents. / PARCELS: 106A, 106B, 706 & 806 AGREED ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and RESPONDENT, THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida Corporation, for entry of an Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premisies, it is hereby ORDERED AND ADJUDGED that the Petitioner, COLLIER COUNTY, FLORIDA, shall within twenty (20) days from the date of this Order, pay forthwith to WOODWARD, PIRES, & LOMBARDO, P.A. TRUST ACCOUNT, and forward same c/o J. Christopher Lombardo, Esq., Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 710, Naples FL 34108, the sum of TWENTY-TWO THOUSAND FOUR HUNDRED EIGHTY DOLLARS and No/100 ($22,480.00) for the following expert fees and costs in preparation of Respondents' case: RE Analysts, Inc. Woodward, Pires & Lombardo, P. A. Total Appraisal Fees/Costs Attorney Fees/Costs $ 4,000.00 $18,480.00 $22,840.00 DONE AND ORDERED on this Naples, Collier County, Florida. __ dayof ,2000 in Ted H. Brousseau Circuit Court Judge CC: Joe W. Fixel J. Christopher Lombardo Heidi Ashton JOINT MOTION The Parties, by and through their undersigned attorneys, move for entry of the foregoing Order Awarding Expert Fees and Costs. J. CHRISTOPHER LOMBARDO FL Bar No.: 372641 Woodward, Pires & Lombardo 801 Laurel Oak Drive Suite 710 Naples FL 34108 (941) 556-3131 (941) 556-3161 Date: I-I~EIDI F. ASItTON FL Bar No.: 0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, FL 34112-4902 (941) 774-8400 (941) 774-0225 facsimilie Date: JOE W. FIXEL FL Bar No.: 0192026 Fixel & Maguire, P.A. 211 South Gadsden St. Tallahassee, FL 32301 (850) 681-1800 (850) 681-9017facsimilie IN THE CIRCUIT COURT OF THE TWENTIETH IUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. CASE NO. 98-1672 CA CIVIL ACTION THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation; et al. Respondents. PARCELS: 106A, 106B, 706 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made Respondent, THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation, for entry of a Stipulated Final Judgment as to Parcels 106A, 106B, 706 & 806, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation, conditioned upon the terms and provisions of this Final Judgment in its entirety, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondent, THE NAPLES ITALIAN- AMERICAN CLUB, INC., have and recover from the 'Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ninety Thousand and No/100 Dollars ($90,000.00) for Parcels 106A, 106B, 706 & 806, as full settlement of ail claims for compensation, property interests taken, damages resulting to the remainder, ail other damages in connection with said parcels including statutory interest, conditioned upon the terms and provisions of this Final Judgment in its entirety; it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Twenty Eight Thousand Nine glundred and No/100 Dollars ($28,900.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days fi-om the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of .this Court, the sum of Twenty Eight Thousand Nine ltundred and iN'o/100 Doilar~ ($28,900.00) to the Woodward, Pires & Lombardo, P.A. Trust Account, and forward same c/o I. Christopher Lombardo, Esquire, Woodward, Pires & Lombardo, P.A. Pelican Bay, 801 Laurel Oak Drive, Suite 710, Naples, Florida 33963, for the benefit of Respondent, THE NAPLES ITALIAN-AMERICAN CLUB, INC.; and it is further ORDERED that title to Parcels 106A, 1063, 706 & 806, road right-of-way, sidewalk, utility, drainage and maintenance easement; temporary construction easement; and sidewalk, drainage, utility and maintenance easement as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that during the construction of Orange Blossom Drive, Petitioner shall perm- anently close Respondent's existing driveway connection loc~ited on Orange Blossom Drive; and it is further ORDERED that during the construction of Orange Blossom Drive, Petitioner shall construct a new permanent driveway connection on Orange Blossom Drive which aligns with the driveway entrance to the County's Animal Control facility on the Northside; and it is further 2 ORDERED that during the construction of Orange Blossom Drive, Petitioner shall provide Respondent, at Petitioner's sole expense, a "stub-out" along their northern right-of-way line on Orange Blossom Drive and adjacent to the eastern boundary of the parking lot for purposes of a sewer force main connection to become operative at a later date, which connection shall be made pursuant to the Petitioner's specification; and it is further ORDERED that this Stipulated Final Judgment is conditioned upon Petitioner obtaining a formal written interpretation, satisfactory to Respondent, pursuant to Section 1.6 of the Land Dev. elopment Code (I,DC), from the appropriate County planning staff, from which no appeal has been taken, that gross acreage for the development or redevelopment of Respondent's remainder property equals five (5) acres for purposes of density calculation and minimum lot size; and it is further ORDERED that this Stipulated Final Judgment is also conditioned upon Respondent obtaining a ten (10) foot setback variance along parcel 106B. In this regard, Collier County real estate acquisition staff shall use its best efforts, to the extent of its authority, to assist in processing said variance and shall not object to Respondent's request for a waiver of the associated filing fee; and furthermore the Collier County Public Works Engineering Department and/or the Office of the County Attorney shall issue a letter of support for said the ten foot front yard setback resulting from the taking of parcel 106B; and furthermore Respondent shall file the application for the variance no later than lune 27, 1999; and it is further ORDERED that this Stipulated Final Judgment shall be null and void should the variance for the ten foot front yard setback be denied after Respondent has proceeded in good faith to secure said variance or should the Respondent not receive a favorable interpretation, satisfactory to Respondent, pursuant to Section 1.6 of the Land Development Code; and it is further ORDERED that this Court reserve jurisdiction to set aside this Final Judgment upon notice from the Respondent that all. of the conditions set forth in this Find Judgment have not been met. Should this Final Judgment be set aside, this action shall thereat~er proceed as though the stipulated settlement set forth herein had not occurred; and it is further ORDERED that all other Respondents served in this cause have consented to entry, have been voluntarily dismissed, received fair compensation, waived any interest claimed, or failed to answer and are hereby dismissed with prejudice; and it is further ~ ORDERED that this Stipulated Find Judgement is to be recorded in the Official Records of Collier County, Florida; and it is further ORDERED that this Court shall retain jurisdiction to assess attorney fees and reasonable experts costs rendered in connection with the above-styled cause of action as it relates to Parcels 106A, 106B, 706 & 806; and it is further ORDERED that this Court retains jurisdiction to enforce the terms of this judgment. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, on this Circuit Cou~ Judge ,~ t ~' -' ,~, -- ,.~__,~,~.~ ..,.,~,.-, · .., OF SERVICE I HEREBY CERTIFY that a true and correct copy of'the foregoing has been furnished by United States Mail to J. Christopher Lombardo, Esquire, Woodward, Pires & Lombardo, P.A., Pelican Bay, 801 Laurel Oak Drive, Suite 710, Naples, Florida 33963; Alan N. Berg, Esquire, Sprint-Florida, Incorporated, Post Office Box 165000, Altamonte Springs, Florida 32716-5000; ~eidi Ashton, Esquire, Assistant county Attorney, Collier County Attorneys Office, 3301 East 4 Tamiami Trail, Naples, Florida 34112-4902 and Joe W. Fixel, Esquire, Fixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, on this "~ day of~, 1999 ~'p Fernbcr" ' JOINT MOTION FOR STIPULATED ORDER OF TAKING COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation, move for the entry O~ Stipulated ~ud~ent. ...2J.J~s--'s oph~x Lom~'b'"~o, Esquire .//~lodda Bar #372641 WOODWARD, PIRES & LOMBARDO, PA Pelican Bay 801 Laurel Oak Drive Suite 710 Naples, Florida 33963 Telephone: (941) 556-3131 Attorney for Respondents ~W~, Esquire Flo~ffa Bar #0192026 t-~211 South Gadsden Street Tallaha~see, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681o9017 and Heidi F. Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 341124902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner i' TO THE ENVIRONMENTAL~g,.DVISORY COUNCIL OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 13, 2002, on the Environmental Advisory Council. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as. but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. Mr. Daniel F. Jackson resigned his position on the EAC on November 4, 1999. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael Simonik wildlife management 4 yes Lake Trafford Restoration Jack Baxter pollution control 1 yes none COMMITTEE RECOMMENDATION: Quasi-Judicial Committee- No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment and appoint 1 member to fulfill the remainder of the vacant term and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners JANUARY 25, 2000 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Vincent A. Cautia[~, Administrator Community Devel6pment and Environmental Services January 7, 2000 Environmental Advisory Council I have reviewed the resumes of Messrs. Simonik and Baxter. Both are qualified to serve on the Council. Mr. Simonik has technical expertise in wildlife management and Mr. Baxter has technical expertise in pollution control. Please call me if you have any questions. Community Development and Environmental Services Division Office of the Administrator MEMORANDUM DATE: TO: FROM: December 17, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assistah~ Board of County Commissioners Voter Registration ~ Advisory Board Appointments The Board of County Commissioners will soon' consider the following individuals for appointment to one of the county's advisory, committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT Michael Simonik 455 13,h Avenue South Naples, FL 34102 Jack Baxter 980 Cape Marco Drive Nlarco Island. FL 34145 Thank you for your help. AGEND -~ Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 District: 1 Category: Non-Technical Daniel F. Jackson ~'~5°e~ 3323 Guilford Court Naples, FL 34112 District: 4 Category: Technical - Linmology 262-1818 08/03/'99 04/13/01 2 Years 732-0625 775-0561 04/13/99 04/13/02 3 Years Thomas W. Sansbury 840 River Point Drive #840 Naples, FL 34102 District: 4 Category: Non-Technical - Mgmt. 40345800 04/13/99 04/13/00 I Year 417-2053 This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an envoronmental impact statement (ETA) per section 3.8 of the Code, ail developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Ejections. After initial appointments, terms are 4 years. FL ST.-I T: Staff: Vince Cautero, Community Development Administrator: 403-2385 Monday, iN'ovember 01, 1999 Page 2 of 2 MEMORANDUM DATE: TO: FROM: December 20, 1999 Vince Cautero, Administrator Community Development and E~Serwices Sue Filson. Administrative Assi~t/f--~/ Board of CounW Commissioners Environmental Advisory Council As you know, we currently have 1 vacancy on the above-referenced advisory, committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Michael Simonik 455 13~' Avenue South Naples. FL 34102 Jack Baxter 980 Cape Marco Drive Marco Island. FL 34145 Please let me know, in writing xvithin the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~ filson s From: Sent: To: Subject: frye_s Tuesday, January 11, 2000 11:02 AM filson_s FYI CSF: FYI: John Francis (Jack) Baxter, Jr. 80 Cape Marco Drive Apt 805 Marco Island FL 34145 His mailing address: 1083 North Collier Blvd. Apt 248 Marco Island FL 34145 All above per Mary Pettay/Elections Page 1 MICHAEL SIMONIK 45,5 13th Avenue South Naples, Florida 34102 (94.1) 434-9736 ED UCA TION WORK EXPERIENCE Masters of Public Affairs, 1993 Indiana University, Bloomington, Indiana School of Public and Environmental Affairs Concentrations: Environmental Policy and Natural Resource Management, and Public Financial Administration Bachelor of Science, 1987 The Ohio State University, Columbus, Ohio School of Natural Resources Major: Wildlife Management VICE PRESIDENT, ENVIRONMENTAL POLICY, January 1996- The Conservancy of Southwest Florida, Naples, Florida Direct Conservancy policy among staff, President, and Board of Directors Investigate current environmental issues and propose innovative policy solutions Develop position statements on environmental issues Address the public, press, and local governments regarding Conservancy policy Write "Eye on the Issues" newsletter and develop monthly "Issues" seminar Monitor city, county, and state governments regarding conservation issues Oversee Policy staff and Volunteer Environmental Policy Corps ENVIRONMENTAL RESOURCES MANAGEPJCOMMUNITY AFFAIRS, 1994 -1995 Charlotte Harbor Environmental Center (CHEC), Punta Gorda, Florida Managed the development of CHEC sites newly-acquired by Charlotte County Recruited and trained volunteers for new sites Wrote habitat and recreational use management plans for future sites Assisted with the development of environmental education programs Co-coordinated Florida Yards & Neighborhoods Program Managed or assisted in the development and implementation of other programs: CHEC Internship Program, Water Resources Education Program, CHEC annual Volunteer Training Program, Habitat restoration projects with citizen/volunteer groups, Wildlife and vegetation monitoring program, and Grant writing for projects Spoke to the public and the County Commissioners on project related topics MARINE EDUCATOR, 1993 - 1994 Charlotte Harbor SWIM Project, Charlotte County Cooperative Extension Service, Adjunct faculty status-University of Florida, CHEC, Punta Gorda, Florida Coordinated Florida Yards & Neighborhoods Program for Extension Service Coordinated Marine Education Program for CHEC Developed and wrote Charlotte Harbor Ecology presentation Presented public education programs on water quality issues Developed program and trained Master Gardeners as Florid~ Developed original training program and trained CHEC Volur Ex-officio member of Natural Resources Advisory Council for Wrote grants to continue funding for Florida Yards Program Michael Simonik 455 13th Avenue South Naples, FL 34102 941-434-9736 De.cember 15, 1999 Ms. Sue Filson Board of County Commissioners office Collier County Government Center 3301 Tamiami Trail E. Naples, FL 34112-4977 Dear Ms. Filson. Please accept this letter and my attached resume as application to the Environmental Advisory Council (EAC) for Collier Count>'. I am a registered voter and a Republican in Collier County. I reside within the City of Naples, in County District 4. I am presently' appointed to only one other County board. which is the Lake Trafford Task Force. I was previously the Chairman of the Environmental Policy Technical Advisory Board (EPTAB) until it was dissolved last year by the BCC. The duties, roles, and responsibilities of EPTAB were to be subsumed into the new' EAC. There are currently no former EPTAB members appointed to the present EAC. I have noticed a lack of technical policy discussions on the EAC and, therefore, believe my appointment to the committee would benefit the County. I am presently employed by The Conservancy of Southwest Florida as the Vice President of Environmental Policy'. I have a master's degree in Environmental Policy and have worked in the environmental field for the past 13 years. Please forward' this application on to the Board of Count>' Commissioners for consideration. Since, r-ely, Michael Simonik A FFILIA TIONS 1996-1999 Leadership Collier, Class of 1999 Big Brothers of Southwest Florida, Matched with Little Brother since 1993 National Association for the Advancement of Colored People, Elected Treasurer since 1996 Environmental Policy Technical Advisory Board, Chairman, BCC Appointed, since 1997 Collier County Lake Trafford Task Force since 1997 Environmental Confederation of Southwest Florida, Board of Directors, 1999 Naples Bay Project Committee, Chairman, City appointed 1997 Agency for Bay Management of Estero Bay, Regional Planning Council appointed 1997 ElS for SW FL, Army Corps of Engineers, Alternative Development Group, 1998 Lover's Key Management Plan Advisory Group, 1998 Environmental Advisory SWFL Committee, Vice-Chair, SF Water Management District, since 1996 Naples Area Chamber/EDC Coalition Environmental Policy Committee since 1996 Native Plant Society, Elected Treasurer, Naples Chapter, 1997 Everglades Coalition, Representative US 41 Scenic Highway Corridor Advocacy Group Naples Area Chamber of Commerce Bay Days/Bikefest Committee Collier County Council of Economic Advisors, BCC Appointed, 1997 Charlotte Harbor National Estuary Program (NEP) Technical Advisory Committee Friends of the Panther Refuge National Audubon Societ~ World Wildlife Fund Wildlife Society1 member since 1983 CONSULTING ECOLOGIST, 1993 Kevin L. Erwin Consulting Ecologist, Inc., Ft. Myers, Florida Performed threatened and endangered species surveys Delineated wetlands for government agency approval Mapped vegetation using FLUCCS codes Processed macro-invertebrate samples to check water quality MAYOR'S INTERN - Public Financial Administration, Summer 1992 City of Indianapolis, Indiana, Mayor Stephen Goldsmith Principle Researcher, Mayor's User Fee Committee Inventoried all licenses, permits, service charges, fees, fines and penalties Interviewed administrators of services as to the legitimacy of fees Prepared supporting documents for fee adjustments Made comparative analyses of major American cities' user fees Created a User Fee Manual to analyze historical trends Recommended an Annual User Fee Review by the Controller's Office WILDLIFE BIOLOGIST/ENVIRONMENTAL MONITORING CONSULTANT Collier Enterprises, Naples. Florida 1990 -1991 Assessed habitat and land use using FLUCCS codes Surveyed wetland birds and mammals monthly Conducted forest inventory analyses and timber cruises Performed Phase I and II environmental audits Participated in Florida Game and Fish Commission's Deer Surveys and Panther Recovery Project Recorded water levels at citrus grove reservoirs weekly Investigated possible contamination sites for cleanup Collected and tested well water quality samples monthly Performed annual night spotlight surveys for deer, other wildlife Participated in environmental conferences and workshops Developed Lotus 1-2-3 program for deer survey analyses UNITED STATES PEACE CORPS VOLUNTEER, MOROCCO, 1988 -1990 Parks, Wildlife and Environmental Education Sector Environmental Education Center, National Park, Rabat Created and wrote conservation audiovisuals, programs; questionnaires, pamphlets and designed exhibits Obtained funding to fully equip the Education Center Lectured throughout Morocco on environmental protection Attended environmental conferences and workshops Spoke, in French, at the "Journee d'Etude sur I'Education Environnementale" (A Study Day on Environmental Education) Participated in Barbary Macaque (Macaca sylvana) census Created and motivated interest in Earth Day 1990 activities Trained and supervised education technician Communicated effectively in French and Moroccan Arabic NATURE CENTER INTERN, Winter 1988 The Conservancy. Inc., Naples, Florida Designed and presented educational tours and programs Treated injured native Florida wildlife Trained and supervised volunteers Recorded and reported data from the Naples weather station W~ndows 95, Lotus 1-2-3, Word Perfect, and Harvard Graphics Proficient at; BAXTER TECHNOLOGI'ES; 1'NC. .1ACK BAXTER 980 CAPE MARCO DI~IVE 805 MONTERREY BLDG. MARCO ]:SI.AND FL 34:1.45 (941) 642-8225 EMPLOYMENT: 1995 - Present 1991- 1995 1990- 1991 1988- 1990 1983- 1988 1974- 1983 BAXTER TECHNOLOGIES, INC. CEO. Developing worldwide detection and monitoring systems for environmental pollution. GENESIS ENVIRONMENTAL MARINE MONITORING, INC. CEO. Invented early-warning oil-spill detection monitoring and tracking system for the purpose of preventing and/or reducing clean-up costs of oil spills. Worldwide licensing in progress. NATIONAL ENVIRONMENTAL GROUP, INC. - Pennsylvania Vice President of Operations. All facets of operation including securing licensing, setting up and executing government contracts, and following through on all phases of the business. BAXTER GROUP - Maryland Owner/Founder. Procuring government contracts. Sold business. 75 employees. NATIONAL ASBESTOS REMOVAL - Washington D.C. Partnership. 65% ownership. Obtained asbestos removal contracts from government and military bases in Bermuda, Bahamas, Guam, and Philippines. 35 employees. Sold business. 3. E. BUILDERS- Washington, D.C. Owner. Builder of custom homes and historic renovations. Built 100 premium homes per year. Commercial development included converting homes into condos. Built restaurants for the Marriott and DaVinci's in New York City. Purchases 100 homes from the BAXTER TECHNOLOGI'ES, TNC. 980 Cape Marco Drive 805 Monterrey Bldg. Marco Zsland FL 34145 (941) 642-8225 December 09, 1999 Sue Filson Administrative Assistant Board of County Commissioners 3301 E. Tamiami Trail Naples FL 34112 Dear Ms. Filson' I am interested in sitting on the Advisory Board therefore, I am enclosing my resume for your review. for the Collier County Commissioners; Please contact me if you have any questions or comments regarding the enclosed, and I look forward to your favorable response. Sincerely, ]ack Baxter Enclosure 6AXTER TECHNOLOGI'ES, 1'NC. ADANCED EDUCATION: University of Maryland Georgia Tech State University - Environmental Management LZCENSES: · Asbestos Removal/Encapsulation by the State of Maryland · Department of Environment Air Management Administration ACCO M P L]:SH M E NTS: Authored 'r~ME ITFE "HOW TO" issue of Walls ,and Ceilings 1975 Authored National Standards for Asbestos Removal, a manual for the Asbestos Industry, 1984 Authored Remote Sensing paper for .]ohn Hopkins University, Baltimore, Maryland, 1993 Authored Global Standards for Early-Warning Detection System, as inventor and founder, 1996 Authored Standards for Remote Sensing Network Systems, 1999 Served as Environmental Advisor for Collier County, Florida, Board of Commissioners. Appointed to 3-year term U.S. PATENTS PEND]:NG: · 1996 - Early Warning Detection System · 1997 - Tracking of Toxins · 1998 - Sensing Devices U.S. PATENTS PENDI'NG: 1999 - Early Warning Detection and Monitoring Network Internet for the Environment ~ ~. /_.~' - Name Environmental Advisory Council Work P/tone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate ~rm 2nd Term J. Richard Smith 455-5020 380 Frangipani Avenue Naples, FL 34117 District: 5 Category: Technical - La'v; Political Science James L. McVev 296 Monterey Drive Naples, FL 34119 District: 3 Category: non-technical 08/09/99 04/13/02 3 Years William W. Hill 3655 A. mberlv Circle A 102 Naples. FL 3"4112 District: 1 Categoo': Technical - Engineer 593-3777 08/09/99 04,'13/'00 1 Year Milton Keen Comell 686 Lismore Lane Naples. FL 34108 District: 2 Categoo': Technical - Engineer 774-4412 ~ ~2- r ,::,.,4 Ed Carlson 348-9143 375 Sanctuary Road West Naples. FL 54120 District: 5 Category: Technical - Zoology & wildlife ecol 455-9438 John P. DiNunzio 1276 29th Street. S.W. Naples. FL 34117 District: 5 Category: Non-Technical 04/13/99 04/13/01 ~'~ Years 04/13/99 04;13/03 4 Years 08/09/99 04/t3,'03 4 Years 08/09/99 04/13/03 4 Years 31onday, November 01, 1999 Page I of 2 o I ,' ~ ; z .-- OBJECTIVE: To appoint 1 member to serve a 2 year term expiring on December 31, 2001, on the Isles of Capri Fire Control District Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. The term for Mr. Charles Dexter Colvin expired on December 31, 1999. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Tara LaGrand n/a I yes none COMMITTEE RECOMMENDATION: Tara LaGrand FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to serve a 2 year term on the Isles of Capri Fire Control District Advisory Committee and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 25, 2000 so ltp({ JAN 2 5 27,23 / Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Charles Dexter Colvin 163 San Salvador Street Naples, FL 34113 District: 1 Category: Gary E. Grilles 105 Jamaica Drive Naples, FL 34113 District: 1 Category: Morris James Louis 25 Capri Boulevard Naples. FL 34113 District: 1 Categot?,: Jerilvn Neuhaus Crowder 156 i2apri Boulevard Naples, FL 34113 District: 1 Categoo': David E. Eiler 112 Capri Boulevard Naples. FL 34113 District: 1 Category: 642-4525 389-1264 389-0371 642-7511 642-7546 12/16/97 12/31/99 2 Years 01/12/99 12/31/00 2 Years 09/14/99 12/31/01 2 Years 01/12/99 12/31/00 2 Years 01/12/99 12/31/00 2 Years Page I of 2 JAN 2 5 2000 Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. FL STA T: Staff' Chief Emilio Rodriguez: 394-8770 Thursday, September 16, 1999 lJAN 2520C3 12:15 ICFD Sta 90 & EMS Sta 18 941 394 5862 P.02 Wednesday, December 14, 1999 Mr. Mike MeNees Assistant Count3' Manager Comer County Government Center : ~' Z T~_m/ami Trail -;-:~7~, Florida 34112 S~bject: Isles of Capri Fire Control District Advisvry Committee Dear Mr McNees, At the Fire Advisory. Board meeting of December 14. 1999, the resume of Ms. Tara LaGrand was presented to the Fire Advisor' Board for consideration. Aider rcvicwing the resume and c~iscussing the merits of the applicant, it was unanimously voted by the members present to recommend Ms. LaGrand to the Board of Collier Count3.' Commissioners as a newh' appointed v:'-, ~rv Board Mcmber. ,:<~cr reviewing Ms. LaGrand's resume it bccomes apparent that between her previous work :.~crience in Dallas and Irving Texas and her current experience as a CPA on the Isles of Capri. ~xa~ Ms LaGrand will be a welcome addition to the Isles of Capri Fire Control District Advisory Committee. Sincerely? ?~-.?!es Dexter Colvin -- C.D.A.C. Chairperson JAN 2,5 £2JJ MEMORANDUM DATE: November 22, 1999 V07 2: TO: FROM: Vinell Hills, Elections Office ~ Sue Filson, Administrative Assist Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of Coun~ Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed belmv are registered voters in Collier County. Also, please list the commission district in which each applicant resides. lOC FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT Tara LaGrand 127 Tahiti Street Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 22, 1999 Chief Emilio Rodriguez Isle of Capri Fire District ,.//7/// Sue Filson, Administrative Assist~-f~, '// Board of County Commissioners '~ Isle of Capri Fire Control District Advisory Committee As you know', we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Tara L::Grand 127 Tahiti Street Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary, for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments JAN 2 5 Nov-14-99 09:24 ISLES OF CAPRI FIRE DEPT. 941 394 5862 P-01 BLES OF CAPRI-FIRE/,REScIg~eiVEv 175 CAPRI BLVD. NAPLES, FL 34113 (941) 394'87.7.0 FAX: (941) 394-5862 FAX TO:, ..~ o..~_ [2i[s~d. FROM: (_ PHONE//: DATE: 11 / /M / c~c( REFERENCE: URGENT - COMMENTS' FOR REVIEW ~, ,. :.vPLEASE COMMENT ::.-i:):?:::;.,~ ... PLEASE REPLY' -" .::... '-'7..~.~.?:.:'.... "'-:""' '- -' '-- : ::7 >'. ~ ;,',?-.<,;'7- ,.:..' - '. 'X-'''? ". ~ ' .i; ~, · ~ev--i4-gg 0g:25 ISLES OF CAPRI FIRE DEPT. g41 394 5862 P.02 tara Z:a rand 12693 ~. ~Camiami ~Crail Naples, ~iorida 34113 941 389-~206 941 7~4-799~ 3ax n. lcpa~_!naples.net i~maii November 4, 1999 Dear Agency, For your consideration, please find enclosed a copy of my employment history for establishing rny qualifications in reference to the vacancy on the Isles of Capri Advisory Board. I would like to participate in the involvement and improvement of my community. As such. I feel capable of learning the duty and responsibilities of the position as well as offering my abilities where needed. Sincere!y,t / £nclosures Member of: American Institute, Texas Society and Florida Institute (48237) of Certified Public Accountants JAN 2 5 2- 23 Nov 14-99 09:25 ISLES OF CAPRI FIRE DEPT. 941 394 5862 P.03 Tara LaGrand CPA 12693 E Tamiami Trail Naples, Florida 34113 941 38G~l;a06 ~nce 1996 - present Tara LaGrand CPA Naples, Florida Owner of accounting and tax firm of 150 clients. · Prepared various tax returns and accounting functions for the clients. · Developed policies, procedures and internal controls for the firm. · Supervised staff of bookkeepers and accountants. · Review job assignments for accuracy and thoroughness. · Handled administrative and marketing efforts for the firm. 1992 - 1996 Tara LaGrand CPA Dallas, Texas Owner of an accounting and tax firm of 100 select businesses. · Performed all tax functions for the firm. · Handled all administrative and marketing duties. · Supervised and reviewed accounting and bookkeeping activity i 989 - 1992 Recognition Equipment, Inc. Irving, Texas Director of Tax for a multi-billion dollar world class manufacturer of high technical computer hardware and software. · Trained, supervised and reviewed the progress of three staff accountants. · Reviewed flow of information and procedures with the purchasing, invoicing and accounting departments to identify tax compliance flaws and initiated corrective actions. · Audited computer recording systems and internal controls and prepared detailed analysis. · Researched appropriate computer software to ensure tax compliance requirements for numerous situations and jurisdictions. · Audited the paper flow in the manufacturing department for proper recording of various tax related issues and created additional reports for such purpose. · Identified general ledger variance and exposure areas and analyzed cause and effecL Represented the company to outside agencies and taxing juris NO. ~/[/v--~,. ,, - ~ I JAN 2 5 Z~ '-~v.-14-99 09:25 ISLES OF CAPRI FIRE DEPT. 941 394 5862 P.04 Tara LaGrand CPA 12693 E. Tamiami Trail Naples, Florida 34113 · Prepared ali state tax returns. · Wrote effective audit protests and negotiated tax liabilities · Designed instructional material and conducted training sessions. · Supervised U~e application of all necessary licenses, permits certificatJons · Reconciled various general ledger accounts. and Education 1985 - 1990 UCCEL, Inc. Dallas, Texas Tax Accountant for an international software company. · Prepared state income tax returns. · Assisted in the preparation of payroll data and returns · Assisted in the accumulation and verification of information ~n the preparation of the federal tax return. · AssisteU Price Waterhouse with year end audJt~ · Organized paper flow, fifes and communications with the subsidiaries. 1970-1974 Slippery Rock State College · B,S., in Education 1977 - 1980 University of Texas · Degree in accounting 1988 CPA certification in the state of Texas Slippery RocK. Pa Dallas, Texas APPOINTMENT OF ME~ER(S) TO THE COLLIER COLrNTY CODE ENFORCEMENT BOARD · OBJECTIVE: To appoint 2 members to serve 3 year terms, expiring on February 14, 2003 o.n the Code Enforcement Board. CONSIDERATIONS: This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. 'A list of the current membership is included in the backup. The terms for Mireya Louviere and George P. Ponte will expire on February 14, 2000. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. George P. Ponte (re~appt) citizen 1 yes CEB Don W. Kincaid citizen 1 yes None COMMITTEE RECOMMENDATION: Quasi-Judicial Committee- no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members to serve 3 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 25, 2000 ,Name Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Tertn Home Phone DateRe-appt 2ndExpDate 2nd Term Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: 5 Category: REGULAR - Engineer Roberta Dusek 963 Fountain Run Naples, FL 34119 District: 3 Category: Realtor Kathrvn M. Godfrey 630 l~th Avenue. N.E. Naples, FL 34120 District: 5 Category: ALTEtL.NATE - Business Mireva Louviere 1363 t4th Avenue North Naples. FL 34102 District: 4 Category: Business Clifford Wesley Flegal. Jr. P.O. Box 2663 Naples. FL 34106 District: 1 Categoo': REGULAR/Realtor Rhona E. Saunders 3770 Parkview Way Naples. FL 34103 District: 4 Category: Realtor/Business 566-8311 10/06/98 02/14/00 2 Years 11/23/99 02/14/03 3 Years 774-2428 02/10/98 ~a/lqloO 261-1111 07128/98 02114/01 436-5151 11,/23/99 02/14/02 348-9645 07/19/94 02/14/97 353-4334 02¢18/97 02,'14/00 774-9674 434-9230 06/03,/97 o glib/lo o 02/10/98'Fx_ 02/14/01 Years 2 Years 3 Years 3 Years 3 Years 3 Years 02/23/99 02/14/02 3 Years Wednesday, November 24, 1'99~ Page 1 al2 Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Darrin M. Phillips 641 Jacana Circle Naples, FL 34120 District: 4 Category: ALTERNATE - Attorney George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: 1 Category: Retired CBS Employee Diane Tavlor 3760 Golden Gate Blvd. E. Naples. FL 34120 District: 5 Categoo': REGULAR - Civic Assoc. 262-7748 11/23/99 02/14/00 3 Mos. 11/23/99 02/14,/03 3 Years 793-1370 02/18,/97 02/14/00 3 Years 0_/2./99 02/14/'01 '~ Years 353-9444 11/23/99 02/14/02 1 Year This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to. individuals representing the occupations of architect. businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part. on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest eac~ year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judic:al Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FL STAT: 162 Staff: Michelle Arnold, Code Enforcement Director:: 403-2413 5;'ednesday, ~' ovember 2~, 199~ -~ ' Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners M ichelle E. Arnold, Code Enforcement Direct r~~ January 12, 2000 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY George P. Ponte Don W. Kincaid Citizen Citizen If you need further assistance, please advise. MEA/mc Code Enforcement Department Community Development & Environmental Services Division M E M O RAN D U M z'z~"=;~"'--'- DATE: January 10, 2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistan~//~f,'[ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County.. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD COMMISSION DISTRICT George P. Ponte 565 Augusta Boulevard Naples, FL 34113-7570 Don W. Kincaid 314 Torrey Pines Pt. Naples, FL 34113 Thank you for your help. MEMORANDUM DATE: TO: FROM: January 10, 2000 Michelle Arnold, Code Enforcement Dir/~/,~r,, Sue Filson, Administrative Assistant~,~,,t~ , Board of County Commissioners ~ ' ' Code Enforcement Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: George P. Ponte 565 Augusta Boulevard Naples, FL 34113-7570 Don W. Kincaid 314 Torrey Pines Pt. Naples, FL 34113 Please let me know, in wTiting within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments GEORGE P. PONTE 565 AUGUSTA BOULEVARD NAPLES. FLORIDA 34113 RECEIVED DEC 2 C39 Board of County Commissioners December 28, 1999 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Collier County Code Enforcement Board Dear Ms. Filson: Thank you for the reminder that my term on the Code Enforcemer~t Board will expire on the 14th of February, 2000. In my view, the Board serves a very useful purpose; I would like to continue my service to the Commissioners and county citizens, and ask for consideration as a candidate for reappointment. As requested in your letter of December 20th, I have enclosed an updated resume for your review and that of the Commissioners. If any detail requires amplification or clarification, please call me at 793-1370 and I will provide you with additional information. Sincerely, cc: Ms. Michelle Arnold, Code Enforcement Director Certified Mail: Z 495 427 188 George P. Ponte 565 Augusta Boulevard Naples, Florida 34113-7570 (941) 793-1370 I am a concerned Collier County citizen, a registered voter, and county resident since 1992. I am 64 years old, and retired from an executive position with the CBS Radio Networks. * I have three years experience serving as an active member of the Collier County Code Enforcement Board. In October, 1999 my Board colleagues elected me to complete the remainder of my term filling the position of Vice Chairman. My sincere interest in the County and community affairs is exemplified by my current and past responsibilities: * Board of Governors, Naples Press Club * Board of Directors, East Naples Civic Association * Vice President, Lely Country Club Property Owners Association * Secretary/Treasurer, Eaglewood West Condominium Association * Liaison between Code Enforcement and East Naples Civic Association (1995-96) * Represented ENCA to the Sheriff Department Crime Prevention Council * Active in two county level political campaigns * Member of the National Association of Broadcast Pioneers I have no ties to the building, development or construction industries and as a result bring to the CEB the balanced, unbiased prospective and understanding of an average county citizen. December, 1999 314 Torrey Pines Pt. Naples, Fi. 34113 December 20, 1999 Ms. Sue Filson Administrative Assistant Board of Commissioners 3301Tamiami Trail East Naples, Fl. 34112 Ms. Sue Filson: I have been approached to apply for the Collier County Code Enforcement Review Board. I talked with Commissicner John Norris who requested I send you a brief resume to suppliment my application. I am 67 years of age;married;live in Lely Country Club PUD; College Graduate with an O.D. degree; retired from United Airlines (32 years) as Captain; Retired USAF, Del. ANG, USAF Reserve as Lt Colonel; served 6 years on Lely Country Club Property Owners Assn. as Vice President and Compliance Chairman. If any additional information is desired you may contact me at 775-2019. · S~cereiy, Y~u~s, / ,' / ,?'_._ [ '-Don W.' Kfncaid MEMORANDUM DATE: TO: FROM: January 14, 2000 Board of County Commissioners Timothy J. Constantine, Chairman Commissioner, District 3 December 21, 1999 memorandum Proposed Amendment to *,.he Harris Act (H.B. 659) Please find attached a copy of the above-referenced memorandum. I am alarmed by House Bill 659, which proposes an amendment to the Bert J. Harris, Jr., Act, providing "relief" to property owners in instances where governmental action "changes the density,, intensity,, or use of areas of development below the equivalent of one residence per five acres." This proposed change is clearly contrary, to the direction in which our public is asking us to take. It could cost the government millions of dollars and does not ser~'e the public's best interest. Perhaps, we could schedule a brief discussion of the item at the Board of County Commissioners next meeting and at the pleasure of the Board, send correspondence to our State Representative and State Senator opposing the Bill. I do point out that as of the end December there was no companion for the Bill in the Senate, but clearly we should ask our Senator to make sure that situation does not change. l{~y J. Const~yt~n Ti e, Chairman Commissioner, District 3 TJC:cb Attachment Each comm. Rec'd Copy RECEiVEC ~o~r~l of County Cc~,~issione~'s Memorandum To: From: Date: Subject: Board of County Commissioners Robert F. Fernandez, County Administrator December 21, 1999 Proposed Amendment to the Harris Act (H.B. 659) For your information, I am attaching a copy of House Bill (H.B. 659) which proposes an amendment to the Bert J. Harris, Jr., Act that would provide "relief" to property owners in instances where governmental action "changes the density., intensity, or use of areas of development below the equivalent of one residence per five acres." As you m~'ght imagine, the implications of this bill for Collier County could be great; it could significantly increase "the cost of doing business" for government, and render the numerous rezonings that our government performs on a regular basis as cost-prohibitive. This bill was just introduced in the House on Thursday, December 16~h, and was brought to my attention by Representative Goodlette. As a result, neither House legislative staff, nor Florida Association of Counties (FAC), has yet conducted any impact analyses. A member of the American Planning Association's (APA) Legislative Policy Committee has advised this may be an attempt by some of the bill's sponsors (who are "lame ducks" as the result of term limits) to stymie further growth management efforts, and proponents of those efforts. At present, there is no companion bill in the Senate which may be indicative of a lack of support for this bill by that body. Nevertheless, I felt this legislation, simply by virtue of its potential implications for Collier County, should be brought to your attention. RFF/fec cc: Vince Cautero, Community Development & Environmental Services Ad~-~i~trator / C, NDA Office of the County Administrator Florida House of Representatives 2000 HB 659 By Representatives Alexander, Putnam, Feeney, Albri~ht, Stans~l, J. Miller, Kilmer, Russell, Tullis, Bense, Doc~ery, Peaden, Ar~enio, Fasano, Sembler, Bainter, Kelly, Harrington, Minton, Fu[ch, K. Smith and Byrd 1 2 4 5 6 7 8 I0 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 A bill to be entitled An act relating to private property rights protection; amending s. 70.001, F.S., the "Bert J. Harris, Jr., Private Property Rights Protection Act"; including action by a governmental entity that changes the density, intensity, or use of areas of development below the equivalent of one residence per five acres as an "inordinate burden" that qualifies the property owner for relief under the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section i. Paragraphs (d) and (e) of subsection (3) of section 70.001, Florida S~atutes, are amended to read: 70.001 Private proper~y rights protection.-- (3) For purposes cf this section: (d) The term "action cf a governmental entity" means a specific action of a governmental entity which affects real property, including action on an application or permit. The term also includes any action by a ~cvernmental entity which decreases or modifies the density, intensity, cr use cf areas of development below the ecruivalent of one residence for every five acres. (e) The terms "inordinate burden" or "inordinately burdened" mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use cf the real property or a vested right to a i CODING:Words ~ are deletions; words underlined areiad~i~!u~(i i. ~g .... ~-~ .... Florida House of Representatives - 2000 593-120A-00 HB 659 1 2 3 4 5 6 7 8 9 !0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. ~y action by a 9overnmental entity which decreases or modifies the density, intensity, or use of areas of development below the e?/iva!ent of one residence for every five acres ~rua!ifies as an inordinate burden. The terms "inordinate burden" cr "inordinately burdened" dc not include temporary impacts tc real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, cr remediation of a public nuisance at common law or a noxious use of private property; or impacts tc real property caused by an ac~icn of a governmental entity taken tc grant relief to a property ownner under this section. Section 2. This act shall take effect July 1, 2000. HOUSE SI/M~Y Includes action by a governmental entity that changes the density~ intensity, or use of areas of aevelopment-be!cw the eq~.lvalent of one residence per five acres as an "inorainate burden" that q~alifies the property ovzner for relief under the "Bert J. Harris, Jr., Private Property Rights Protection Act." 2 CODING:Words ~ are deletions; words underlined are EXECUTIVE SUMMARY PETITION: PUD-92-4 (1), R~CH YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, REPRESENTING BONITA BAY PROPERTIES, INC., REQUESTING AN AMENDMENT TO THE GOLDEN GATE HEALTH PARK PUD HAVING THE EFFECT OF CHANGING THE NAME TO GOLDEN GATE COMMERCE PARK, ELIMINATING HOSPITAL AND SOME MEDICAL CENTER USES, ADDING RETAIL COMMERCIAL, OFFICE, HOTEL, ASSISTED LIVING FACILITIES (ALF) AND RESIDENTIAL USES FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF C.R. 951 AND ACCESS iROAD #2 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting a rezone from PUD to PUD for the purpose of amending the Golden Gate Health Park Planned Unit Development (PUD), Ordinance Number 92-82 as noted above. CONSIDERATIONS: On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 multi-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses, a 14,000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added to Activity Center #9 through the EAR Growth Management Plan amendment process. The current property owner is now proposing an amendment to the PUD in response to changing market conditions. As a result, this amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate some of the medical office uses, hospital, and the medical center as permitted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maximum number of residential units from 273 units to 588 units. There is also an assisted living facility tract at the south property line. The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. The subject site is located in the northwest quadrant of the C.R. 951 and 1-75 interchange as designated on the Future Land Use Element (FLUE) of the GMP. This new Interchange Activity Center will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. The Activity Center designation will also allow residential density up to 16 units per acre. Based on the adjacent and nearby properties, the proposed commercial uses, and the residential density of 12 units per acre, staff has determined that this petition is consistent with the EAR Growth Management Plan amendment. It should be noted that Interchange Activity Center #9 requires that an Interchange Master Plan (IMP) be developed. The IMP is intended to create an enhanced "gateway" to Naples from 1-75. AGENDA ITeM JAN 2 5 L~U9 The property owner shall initiate the IMP process by meeting with County planning staff within 60 days of adoption and a finding of compliance by DCA of the amendment that includes Activity Center #9. Since the IMP process has not commenced, the petitioner shall be subject to the IMP process once DCA makes a finding of compliance. This amendment is also consistent with the Traffic Circulation Element (TCE) as follows. The proposed amendment will result in an additional 5,460 Weekday trips and 671 PM Peak Hour trips over the amount that could be generated by the approved PUD at build- out in 2005. As a result, this petition will exceed the significance test standard (5 percent of the LOS "C" design volume) on C.R.951. However, the additional trips will not lower the level of service below acceptable standards. The current traffic count for the segment of C.R. 951 fronting the project is 33,375 and is operating at LOS "B". Therefore, this petition is consistent with all policies of the TCE. In regards to compatibility, it should be noted that the adjacent project to the west (the Magnolia Pond PUD) has been approved with similar residential uses and at a density of 5.4 units per acre. This PUD was granted a density bonus since it is within a density band. The proposed Golden Gate Commerce Park amendment increases the project density to 12 units per acre, which is 4 units per acre less than the maximum of 16 units per acre the site is eligible to receive. Since the 49-acre residential tract could be incorporated into the commercial tract that would allow for all commercial uses, staff is not opposed to the proposed density of 12 units per acre, which is less intensive than if the site were developed with all commercial uses. In addition, three other quadrants of this Interchange Activity Center have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. The 1-75/Alligator Alley PUD is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172,460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD to the east is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. FISCAL IMPACT: This PUD amendment by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the addition of 315 dwelling units to this project: · Park Impact Fee: Library Impact Fee: · Fire Impact Fee: · School Impact Fee: $578.00 per unit $180.52 per trait $0.15 per square feet under roof $827 per unit AC~.TNDA ITEM 2000 · Road Impact Fee: · Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,758 per unit. Since this project proposes 315 additional units, the total amount of residential impact fees collected at build-out will total $868,772. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition PUD-92-4 (1) subject to the conditions of approval that have been incorporated into the PUD document. AGENDA ITEM" JAN 2 5 2000 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Community Development Environmental and Engineering staff has reviewed the petitioner's Environmental Impact Statement (EIS). The EIS indicates that the site does not contain any SFWMD jurisdictional wetlands and the entire 74-acre property is uplands. In addition, the Environmental Advisory Council (EAC) heard this petition on January 5, 2000 and recommended by a 5 to 0 vote to approve the petition subject to the stipulations contained in the EAC staff report and incorporated into the PUD document. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on January 6, 2000. They unanimously recommend (8 to 0) to forward this petition to the Board of County Commissioners with a recommendation of approval subject to staff stipulations contained in the PUD document. It should be noted that one person objected to the proposed amendment during the Planning Commission meeting. This person indicated that the height of the residential structures along the northem property line should be limited to one-story. The petitioner stated that the residential building heights will be limited to 35 feet for residential structures along the canal. As a result of this objection, this petition could not be placed on the Summary Agenda. REVIEW ~D RoNAL'~~~ F. ~qIN~, AICP, MANAGER CURRENT PLANNING SECTION ROBER'~/J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE 1.'1, 00 DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-92-4 (1) EX SUMMARY/RVB/rb 4 DATE AGENDA ITEM JAN 2 5 20,g0 TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: DECEMBER 6, 1999 PETITION NO: PUD-92-4 (1), GOLDEN GATE HEALTH PARK PUD AGENT/APPLICANT: Agent: Mr. Rich Yovanovich Goodlette, Coleman & Johnson 4001 9t~ Street North Naples, Florida 34102 Owner: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard Bonita Springs, Florida 34134 GEOGRAPHIC LOCATION: The subject property is located on the northwest comer of C.R. 951 and Access Road No. 2 in Section 34, Township 49 South, Range 26 East. REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purpose of amending the Golden Gate Health Park Planned Unit Development (PUD). PURPOSE/DESCRIPTION OF PROJECT: On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 multi-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses, a 14,000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added to Activity Center /19 through the EAR Growth Management Plan amendment process. The current property owner is now proposing an amendment to the approved PUD in response to changing market conditions and the criteria adopted with the approval of Activity Center #9. As a result, this amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate the medical office, hospital, and medical center as permitted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the max ~ JAN 2 5 2000 1 Z ITEM 2 5 2000 Ii ~,GEN~A IT~. JAN 2 5 2000 number of residential units from 273 units to 588 dwelling units. The Master Plan indicates that the main entrance road is through the middle of the commercial tract that fronts on C.R. 951. This access point aligns with the approved access point for the City Gate PUD on the East Side of C.R. 951. The residential units are designed around two lakes that are in the center of the residential tract. There is also an assisted living facility tract along the south property line. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North: East: South: West: Golden Gate canal and Golden Gate City zoned RSF-3. C.R. 951 and the Collier County Water Treatment Plant and the undeveloped Citygate PUD. Vacant land that is zoned Agriculture. Undeveloped multi-family residential zoned Magnolia Pond PUD that was approved for 231 units and at a density of 5.49 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. The subject site is located in the northwest qm rant of the C.R. 951 and 1-75 interchange as designated on the Future Land Use Element (I-~UE) of the Growth Management (GMP). This new Interchange Activity Center will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 units per acre. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses and the residential density of 12 units per acre is consistent with the EAR Growth Management Plan amendment. It should be noted that Interchange Activity Center #9 is subject to the requirement that an Interchange Master Plan (IMP) be developed. The IMP is intended to create an enhanced "gateway" to Naples. The property owner shall initiate the IMP process by meeting with County planning staff within 60 days of adoption and a finding of compliance of the amendments that include Activity Center #9 by DCA. Since the IMP process has not commenced, the petitioner shall be subject to the IMP process once DCA makes a finding of compliance. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed amendment will result in an additional 5,460 Weekday trips and 671 PM Peak Hour trips over the amount that could be generated by the approved PUD at build-out. The TIS indicates that build-out should occur in 2005. The current traffic count for the segment of C.R. 951 fronting the project is 33,375 and is operating at LOS "B". In addition, future traffic volumes with and without the project were estimated using the Collier County travel model. As a result, this petition will exceed the significance test standard (5 percent of the LOS "C" design volume) on C.R.951; however it will not lower the level of service below acceptable standards. AC,,E~A ITEM 2 JA I 2 5 2000 Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by. the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of a final local development order. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site does not contain any SFWMD jurisdictional wetlands and the entire 74-acre property is uplands. As a result, the Environmental Advisory Council (EAC) heard this petition on January 5, 2000 and recommended approval subject to the stipulations incorporated into the PUD document. The Transportation Services has also recommended approval. EVALUATION: The purpose of this petition is to amend the Golden Gate Health Park PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to this PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. JAN 2 5 2000 Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's consistency with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long-range plan for all future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy. It may not affect the timing of development because of subsequent permitting requirements. Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the adjacent project to the west (the Magnolia Pond PUD) has been approved with similar residential uses and at a density of 5.4 units per acre. This PUD was granted a density bonus since it is within a density band. The proposed Golden Gate Commerce Park amendment increases the project density to 12 units per acre, which are 4 units per acre less than the maximum of 16 units per acre the site is eligible to receive. Since the 49-acre residential tract could be incorporated into the commercial tract that would allow for all commercial uses, staff is not opposed to the proposed density of 12 units per acre, which is less intensive than all commercial uses. In addition, three other quadrants of this Interchange Activity Center have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. The I- 75/Alligator Alley PUD is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172,460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD to the east is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center #9 as depicted on the Future Land Use Map when a finding of compliance is made by DCA. Since this district permits commercial and residential uses (up to 16 units per acre), the proposed commercial/residential PUD is compatible with the commercial uses to the east and south. Given the urban influence impacting this area, the proposed change to add commercial uses similar to those uses approved in this Interchange Activity Center are consistent with requirements of the FLUE to the GMP. This amendment will not change any consistency standard or relationship with the existing commercial zoned properties. Utili _ty Infrastructure - Water supplies are available to this site. Traffic Circulation on0 Impact - Staff has identified the fact that the proposed amendment will not have a significant impact on C.R. 951 by virtue of the fact that vehicular site generated trips resulting from the proposed amendment will not lower the level of service below adopted standards. Since the project entrance has a median opening on C.R. 951 and Access Road #2 only has a right-in and right-out turning movement, staff is of the opinion that the project's JAN 2 5 2000 entrance road be made a "public" road and connecting with Access Road #2. The intent is to improve the traffic flow relationship between the Commerce Park and the adjacent properties by allowing traffic on Access Road #2 to utilize the full median opening on C.R. 951. PUD Dev¢lgpment Standards & Master Plan - The petitioner has requested changes to the currently approved Master Plan to reflect the traffic circulation and connection with Future Access Road #2. As a result, this amendment doesn't change the approved developable acreage nor have an adverse impact on any level of service standard. STAFF RECOMMENDATION; Staff recommends that the Collier County Planning Commission forward Petition PUD-92-4 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: WED, l~y: ~- R~A~,D~I3.~1~, AICP, MANAGER CURRE~ PLANNING SECTION PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE /o, -/ DATE Staff Report for the January 6, 2000, CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN RVB/rb/STAFF REPORT/PUD-89-28 (2) A6ENDA ITEM JAN 2 5 2000 Il. III. Item IV.G. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY $~ 2000, NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUD-92-04(1) Golden Gate Commerce Park PUD SW~F Properties of Southwest Florida, LTD WilsonMiller, Inc. WilsonMiller, Inc. LOCATION: The subject property is an undeveloped 74 acre parcel located on the west side of County Road 951 immediately south of the Golden Gate Canal and approximately ~ mile north of the Interstate 1-75/County Road 951 intgrsection in Section 34, Township 49 South, Range 26 Eazt, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped except for tho~ located north of the project site within Golden Gate City. ZONING DESCRIPTION N - RSF-3 S - Agricultural Undeveloped R.O.W. PUD (Citygate) Agricultural County Road 951 Undeveloped Water Treatment Plant Agricultural PUD (Magnolia Pond) PR~ DESCRIlq'ION: Undeveloped Undeveloped JAN 2 5 2000 EAC Meeting .............................................................................................. January 5, 2000 PUD-92-04(1) Page 2 of 6 Vie On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 multi-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses, a 14,000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added to Activity Center #9 through the EAR Growth Management Plan amendment process. The property owner is now proposing an amendment to the approved PUD in response to changing market conditions and the criteria adopted with the approval of Activity Center ~9. As a result, this amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate the medical office, hospital, and medical center as permitted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maximum number of residential units fi'om 273 units to 450 dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject PUD is designated Urban Residential Sub-district on the Furore Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. This new Interchange Activity Center will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density up to 16 u_nits per acre. Based on staff's review of the Future Land Use Element (FLUE) of the Growth Management Plan~ the proposed commercial uses and the residentil0 density of 12 units per acre is con,~L_~-'n__t with the EAR Growth Management ~ amendment. MAJOR ISSUES: Water Management: Because of its size, this project is required to obtain a Surface Water Management Permit from the South Florida Water Management District. The proposed surface water management consists of a series of interconnected lakes and dry retention / detention areas that will provide for water quality retention and peak flow attenuation. The site will discharge into the main Golden Gate Canal. The Collier County Parks and Rec. Dept. wants a bikepath along the south: of the main Golden Gate Canal that is coincident with the proposed South Fl4 JAN 2 5 2000 EAC Mee~.ug .............................................................................................. Sanua~y 5, 2000 ?UD-92-O4( 1 ) Page 3 of 6 Water Management District Canal maintenance easement and any perimeter landscape buffering facing the residential area to the north. As of this writing the matter has not yet been resolved. Environmental: Site Description: The subject property is currently undeveloped. Clearings for fence lines and dirt roads occur in limited portions of the site, primarily along the northern and southern property lines. Palmetto prairies dominate the eastern half of the site and are also found in the southwest comer. Most of the northwestern section of the site is dominated by herbaceous prairies. Pine flatwoods with a graminoid understo~ compose the cen~'al western portion of the site. Pine flatwoods with a palmetto understory are located along the eastern property boundary and in the southwest comer of the property. A small Melaleuca stand occurs in the southeastern portion of the site. According to the Collier County Soils Map, three soil type~ are found on the property, Hallandale fine sand (Soil Map Unit 11), Pineda fine sand, limestone substratum (Soil Map Unit 14) and Boca fine sand (Soil Map Unit 21). Pineda fine sand, limestone substratum (Soil Map Unit 14) is listed as hydric by the Natural Resource Conservation Service. Wetlands: The entire 74 acre property is uplands. No South Florida Water Managmmmt Dislxict (SFWMD)/Collier County jurisdictional wetlands occur on site. The SFWMD has not yet performed a site visit for verification. The U.S. Army Corps of Engineers CUSACOE) determined in 1995 that no jurisdictional wetlands occur on the site (Jurisdictional Determination No. 199131834 JF-SB)). l~'eservation Requirements: The petitioner proposes the retain 25 percent of the viable naturally funeti~ native vegetation on site and/or to replant areas of landscaping and open space with 100 percent native species to satisfy the requirement in section 3.9.5.5.3 of the land development code. A portion of the native vegetation to be retained on site is iljustrated on the PUD master plan. Listed Species: JAN 2 5 2000 .,:'/6/ EAC Meeting ..............................................................................................January 5, 2000 PUD-92-04(I ) Page 4 of 6 In August, 1999, the petitioner performed listed species meandering pedestrian transects on the subject property. The survey primarily utilized the meandering strip census method of pedestrian transects through the various habitats or vegetation associations. These transects resulted in a grid pattern of observations through the various habitats on site. Once the grid of meandering transects covered the whole site, additional transects were performed targeting those portions of the site with the greatest potential for listed species observations. The surveys were conducted at various times on any given day. Surveys were conducted such that observations included time periods ranging fi'om sunrise to sunset. In excess of 85 man-hours have been spent on-site in conducting the survey. Bamng seasonal considerations, the survey dates allowed for observations during likely times of probable occurrence for the majority of the listed wildlife species which could occur on-site. During the survey, temperatures ranged from the Iow 70s to the low 90s (degrees Fahrenheit), with showers occumng almost on a daily basis. When performing pedesthan transects through appropriate habitats, particular consideration was given to looking for signs of red-cockaded woodpeckers (RCWs) and gopher tortoises. Special attention was paid to large and/or old slash pine trees with trunks relatively free of vines or high understory brush to locate signs made by RCWs. When large and/or old slash pine trees were encountered, biologists would typically circle the tree while visually scanning for start holes, cavities, resin, wells, and/or RCW individuals. A tape containing RCW vocalizations was played at various locations throughout the site. No RCWs, cavity trees or saner holes were observed on-site. During the survey, seven active and 36 inactive gopher tortoise burrows were identified. Most of the active burrows identified during the recent survey of thc site are located in the southern portion of the property (Exhibit G). An incidental take permit (COL-5) was issued by the Florida Fish and Wildlife Conservation Commission (FFWCC) on October 29, 1992, which allows for the displacement of the tortoises that will be affected by development on the site. In addition, the applicant has made a payment of approximately $37,000 to the Fish and Wildlife Habitat Trust Fund, to be used towards the purchase of suitable habitat for a gopher tortoise preserve. Suitable palmetto prairie and pine flatwoods habitat will be presented on portions of the project site to which gopher tortoises can be relocated. ,JAN 2 5 2000 _ EAC Mee~ng .............................................................................................. January 5, 2000 PUD-92-04( 1 ) Page 5 of 6 RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUD- 92-04(1) "Golden Gate Commerce Park PUD" with the following stipulations: Water Manauement: 1. That the petitioner obtain a South Florida Water Management District Surface Water Management Permit. That the configuration of the north side easement / bikepath / buffer be resolved prior to this project being sent to the Board of County Commissioners. Environmental: Amend the language in section 6.3(A)(2) of the PUD document as follows by adding the underlined lanmm~c and deleting the .,,...a.a. .... ~. ~ ...... Water management ~ structures. 2. Replace section 7.3(A) of the PUD document with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five l~reent (18 acres) of the viable naturally funetim~g native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in it~ entirety, areas of native vegetation to be retained and/or ~ of landscaping and open space to be planted with 100 percent native specie~, to satisfy this requirement. 2000 EAC Meeting .............................................................................................. Januaxy 5, 2000 PUD-92-0~l) page 6 of 6 PREPARED BY: SENIOR ENGINEER DATE STEPm~N L~/~EUOEu E~r~'mO~mNTA_t. SPEC/A~.ISr r~ DATE REVIEWED BY: RAYMOND V. BELLOWS PRINCIPAL PLANNER DATE THOMAS E. KUCIC P.E. E ERING VIEW MANAGER CURRENT PEANNING MANAGER SL/gdh/c:Golden Gate Commerce Park Staff Report DATE /7 - Date Petition Receive~.U[2-~x'~ - Petition No.: .:. ...................... Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address City Bonita Sprk;gs Applicant's Telephone # Name of Agent Bonita Bay Properties, Inc. 3451 Bonita Bay Blvd. 495-1000 Rich Yovanovich State FL Zip ~41)4 . Fax# 498-1193 Firm Agent's Mailing Address City Naples Agent's Telephone # 435-3535 Goodlette, Coleman & Johnson 4001 9* St. N. State Fax # Zip 43~-1218 34102 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 AGEN, DA I'1' E.M JAH 2 5 Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock See attached 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 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address parties, list all go Date subject property acquired ["-[ leased [--] Term of lease If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date ~ y~dmos. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the 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: 34 Township: 49 S Range: 26 E Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: 4. Size of property: ft. x ft. = Total Sq. Ft. Acres 74.2 5. Address/general location of subject property: See Exhibit B - Location Map, included in the attached PUD document Adjacent zoning and land use: Zoning Land Use N RSF-3 Directly north of the property_ lies the Golden Gate canal and north of the canal lies a residential neighborhood of Golden Gate Ci~. SA vacant agriculture E PUD W PUD Directly east of the property_ lies CR 951 and east of CR 951 the land is both vacant and the site of the Collier Coun _ty Water Treatment Plant vacantmultifamilyresidential ~L, .~~ JAN 2 5 2000 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). N/A Section: Lot: Plat Book: Township: Range: Block: Subdivision: Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present use of the property: The property is currently vacant. The intent of the uses within the approved PUD was to support long term development of a hospital and health care realted activities. Proi3osed use (or range of uses) of the property: The intent of the proposed PUD is to support an activity center mixed use development, including retail commercial, office, hotel, ALF, and residential uses Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted 'below. Provide a narrative statement describing the rezone request with specific reference t~ the criteria noted below. Include any backup materials and documentation in support of the request. 10. 11. 12. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: N/A Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from test prepared and certified by a profession engineer. Collier County Utility Dedication Statement: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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. 2 5 2000 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant: Bonita Bay Properties, Inc. Mailing Address: 3451 Bonita Bay Blvd., Suite 200 City Bonita Springs State FL Address of Subject Property (if available): N/A Zip 34134 Legal Description: Section: 34 Township: Lot: Block: Plat Book: Page #: Metes & Bounds Description: 49 S Range: 26 E Subdivision: Property I.D.#: 00296560008 o 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 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) Total population to be served: 2000 Peak and Average Daily Demands: A. Water - Peak 1,026,000 B. Sewer - Peak 1026,000 ~ Average Daily 256,5000 ~ Average Daily 256,5000 gpd X PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of Not Requirements Copies Required Required 1. Completed Application 15 x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 x Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans 15 x 6. Environmental Impact Statement (EIS) 4 x 7. Aerial Photograph (with habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attachments and sketches) 9. Traffic Impact Statement (TIS) 4 x 10. Historical & Archaeological Survey or 4 x Waiver Application 11. Copies of State and/or Federal Permits 4 x 12. Architectural Rendering of Proposed Structure(s) 4 x 13. Application Fee, Check shall be made payable to o- x Collier County Board of Commissioners 14. Other Requirements - JAN 2 5 2gO0 AFFIDAVIT I, David H. Graham, Vice President, being first duly swom, 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 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 my knowledge and believe. 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, I further authorize Goodlette, Coleman & Johnson to act as our representative in any matters regarding this Petition. Bonita Bay Properties, Inc. Signature c[f~Property Owner Typed or Printed Name of Owner STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ~ day of January, 2000, David H. Graham, who is personally known to me and did not take an oath. ,,?"' ~",:,, MICHAELE A. JONES il ~,~,~.4.~ EXPIRES: September 17, 2002 (Signature of Notary Publi~/~ State of Florida) MICHAELE A. JONES (Print, Type, or Stamp Name) A~A ITF.,M JAN 2 5 2'300 DISCLOSURE OF INTEREST FORM FOR: BONITA BAY PROPERTIES, INC STRAP NO CASE NO. PUD 92-04(1) 1. If the property is owned in 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. N/A 2. If the property is owned by a CORPORATION, list the officer and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Marital Trust for the Benefit of Lois Shakarian Blackburn under the Will of David B. Shakarian %Edward G..Beimfohr 99 Park Avenue New York, New York 10015 48% Linda S. Lucas, Daughter 13141 Ponderosa Way Fort Myers, Florida 33907 Louise S. Ukleja, Daughter 6468 Bixby Hill Road Long Beach, CA 90815 David Lucas, Chairman 13141 Ponderosa Way Fort Myers, Florida 33907 Dennis E. Gilkey, President 27850 Riverwalk Way Bonita Springs, FL 34134 Edmund W. Rodgers, Jr., Vice President 3330 Oak Hammock Coud Bonita Springs, Florida 34134 David H. Graham, Vice President Planning and Development 14780 Caleb Drive Fort Myers, Florida 33908 Harvey R. Schestag, Vice President Finance 3310 Oak Hammock Court Bonita Springs, FL 34134 26% 26% O% O% O% O% 0% JAN 2" Gary Sandor, Vice President Sales & Commercial Development 3381Oak Hammock Court. Bonita Springs, FL 34134 John Gleeson, Vice President 27240 Ridge Lake Court Bonita Springs, FL 34133 Ms. Susan Watts, Vice President 3981 Lakemont Drive Bonita Springs, FL 34134 Ms. Sabra Spaugh, Vice President 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr Jim McGowan, Vice President 3451 Bonita Bay Blvd., Suite 202 Bonita Springs, FL 34134 Mr. Leonard B. Jaffe, Vice President 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 O% 0% O% O% O% O% 3. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A 4. If the property is in the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners. N/A 5. If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A 6. If any contingency clause or contract terms involved additional parties, list all individuals or officers, if corporation, partnership, or trust. N/A For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. 2 JAN 2 5 The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. ,al Bonita Bay.4~pedie.3,.~c Signature:( -A~l~cant " ~ - David H. Graham, Vice President Printed or typed name of applicant STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ,.~ day of January, 2000, by Graham who is personally known to me and did not take an oath. ,,,_:.'~.~'.~;,,,. MICHAELE A. JONES ,,'~..' ~ ~.: :.~ MY COMMISSION # CC 752209 David H. ~ignature of Notary Publi~ MICHAELE A. JONES 3 AGENDA FfE~ JAN 2 5 20.,3,3 Pg. ~ ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE GOLDEN GATE COMMERCE PARK PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF C.R. 951 AND NORTH OF 1-75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 74.2+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-82; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rich Yovanovich of Goodlette, Coleman & Johnson, representing Bonita Bay Properties, Inc., 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, that; SECTION ONE: The Zomng Classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to 'PUD" Planned Unit Development in accordance with the PUD Documera, attached hereto as Exhibit "A", which is incorporated hereto and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 9634N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby mended accordingly. SECTION TWO: Ordinance Number 92-82, known as the Golden Gate Health Park PUD, adopted on October 27, 1992 by the Board of Count Commissioners of Collier County, is hereby repealed in its entirety. JAN 2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: ~v~a~or~ M.-Studem Assistant County Attorney ~'m:lmm,'l~)- 9 2 -0 4.( 1 )/liB/hal -2- JAN 52 3 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT Prepared for:. Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Spdngs, FL 34134 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Flodda 34105 JAN 2 5 20rj0 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT Approximately 74 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Spdngs, FL 34134 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Flodda 34105 APPROVED BY CCPC: September 17, 1992 APPROVED BY BCC:. October 27, 1992 ORDINANCE NUMBER: 92-82 AMENDED: November, 1999 APPROVED BY CCPC: APPROVED BY BCC: ORDINANCE NUMBER: EXHIBIT A AGE. N~A i'l"JgVl JAN 2 5 2000 TABLE OF CONTENTS Statement of Compliance Section I - Property Ownership and Legal Description Section II - Project Development Section III - Commercial Distdct Section IV- Residential Distdct Section V - Open Space District Section VI - Perservation Distdct Section VII - Development Commitments Exhibit ^ - PUD Master Plan Exhibit B - Location Map Page Page Page Page Page Page Page Page ii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 JAN 2 5 2.900 ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Bonita Bay Properties, Inc., hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 74+ acres of land located in Section 34, Township 49 South, Range 26 East, Collier County, Flodda. The name of this proposed Project shall be GOLDEN GATE COMMERCE PARK. The development of GOLDEN GATE COMMERCE PARK as a PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The project is a mixed use planned unit development located within a proposed activity center; therefore, at the time the Department of Community Affairs finds the new limits of Activity Center #9 in compliance, and it is adopted and in effect, the proposed commercial uses and residential density of 12 units per acre will be consistent with the Future Land Use Element of the Growth Management Plan. The commercial uses and residential density above the currently approved Urban Residential limit shall not become effective until Activity Center #9 adopted and in effect. o The Project shall meet the intent and shall be consistent with the adopted Interchange Master Plan. Improvements are planned to be in compliance with applicable land development regulations as set forth in the Future Land Use Element, except as otherwise set forth herein. The Project will result in an efficient and economical extension of community facilities and services, as required in Policies 3.1.H. and 3.1 .L. of the Future Land Use Element. The Project is in compliance with Policy 5.1 of the Traffic Circulation Element since it will not significantly impact a roadway segment already operating and/or projected to 6perate within one year at an unacceptable level of service. The Project is in compliance with the goals, objectives and policies of the Conservation and Coastal Management Element. The Project is compatible and complementary to existing and future surrounding land uses, as required in Policy 5.4 of the Future Land Use Element. o The Project is designed to incorporate water management and buffering areas, as required by the Land Development Code and Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. AGENDA ITEM JAil ? 5 2900 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION Purpose The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of the Golden Gate Commerce Park. Property Ownership The subject property is currently owned by Bonita Bay Properties, Inc., 3451 Bonita Bay Boulevard S.W., Suite 202, Bonita Spdngs, FL 34134. Le.qal Description The subject property is described as follows: Legal Description as fumished (Deed - O.R. Book 826, Page 89 & 90) That portion of the North 1/2 of the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 ft. easement known as Access Road #2 said easement being described as follows: COMMENCE at the Southeast comer of the N.E. 1/4 of said Section 34, Township 49 South, Range 26 East; thence, mn South 88048'27" West, a distance of 100.01 feet to the Westerly Right of Way line of C.R. S-951; thence, North 0029'15" West, along said Right of Way line, a distance of 1,355.48 feet for the POINT OF BEGINNING; thence, South 87042'52" West, a distance of 2,531.44 feet; thence, North 0020'07" West, a distance of 60.03 feet; thence, North 87042'52" East, a distance 2,531.28 feet; thence, South 0029'15" East, a distance of 60.03 feet to the POINT OF BEGINNING. The East 100 feet of the above described property is excepted from this conveyance, said East 100 feet having been previously conveyed to the State of Florida by special Warranty Deed dated July 8, 1957 and recorded in the records of the Clerk of the Circuit Court in and for Collier County, Florida in OR Book 13, Page 77. This conveyance is also subject to road right-of-way easements, drainage easements and all other easements, restrictions, and reservations or record. General Description of Property Area The general location of the subject property is as follows: JAN £ 5 2000 1.5 A. The parcel of land located on the west side of CR-951 directly south of the Golden Gate Canal. B. The site is currently undeveloped and the existing vegetation consists of pine fiat woods, palmetto praide and herbaceous praide. C. The zoning classification pdor to the date of this approved PUD was PUD. Short Title This Ordinance shall be known as and cited as the "Golden Gate Commerce Park Planned Unit Development Ordinance". A~A JAN 2-] SECTION II PROJECT DEVELOPMENT 2.1 Purpose The purpose of this section is to delineate and generally describe the plan of development, and its relationship to applicable Collier County ordinances. 2.2 General Plan of Development It is the developer's intention to create a Commerce Park with a full range of compatible and complementary land uses including residential, retail, office, hotel, and assisted living facilities. These uses are planned and integrated for compatibility to support long term development activities. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the Project. 2.3 Compliance with Applicable Ordinances Ac Regulations for development of Golden Gate Commerce Park shall be in accordance with the contents of this document. Additionally, sections of the Collier County Land Development Code (LDC), the adopted Activity Center #9 Interchange Master Plan (IMP) and ordinances in effect at the time of development order application shall apply to the extent that applicable ordinances or codes do not conflict with development dghts and development conditions contained in this document. Where this document fails to provide development standards, the provisions of the most similar distdct in the Land Development Code shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code in effect at the time of building permit application. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. All conditions imposed and all graphic material presented depicting restrictions for the development of Golden Gate Commerce Park shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. 2.4 Subdivision Approval The review and approval of all subdivisions within the Project shall follow the ¢ development standards and review procedures in Article 3 of the Land Develop~ e s ig~o,a_n_d~_(~J_ / I lent C0~' i 2-2 2.5 2.6 2.7 2.8 in effect at the time of development approval. The developer reserves the dght to request substitution of design changes pursuant to Sub-Section 3.2.7.2 LDC to the standards set forth in applicable regulations. Land Uses The location of land uses are shown on the PUD Master Plan, Exhibit A. Minor changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions subject to the provisions of Article 2, Division 2.7, Section 2.7.3.5, of the Collier County Land Development Code. The specific location and size of individual tracts shall be determined at the time of site development plan approval. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or pdvate shall be made by the developer at the time of subdivision approval. Developer shall create appropriate associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved as an exception dudng subdivision approval. Developer reserves the dght to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the Land Development Code. Proiect Density The total acreage of the Golden Gate Commerce Park is approximately 74+ acres. The Residential and Assisted Living Facility uses occupy approximately 49 acres and are designated as 'R' and 'PJALF' on the PUD Master Plan, Exhibit A. Residential uses will not exceed 12 units per acre with a maximum of 588. Assisted Living Facility units will be based upon the FAR as required by the Land Development Code and shall not exceed a maximum of 250 units. The total number of allowed units for Residential, and Assisted Living Facility units will be based on the gross parcel area that the specific use will occupy, and will be determined dudng site development plan review. Site Cleadng and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this document. Easements for Utilities All necessary easements, dedications, or other instruments shall be granted to continued operation and maintenance of all service utilities in compliance with a ppli¢~3 ble_l_l_l_l_l_l_l_~~l/ JAN 2 5 2-3 regulations in effect at the time approvals are requested. 2.9 Temporary Wastewater Treatment Plants The location and operation of the temporary wastewater treatment plant shall be in compliance with the applicable sections of the Collier County Land Development Code, the Sanitary Sewer Element of the Collier County Comprehensive Plan and the Flodda Administrative Code. 2.10 Lakes As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of this Master Plan is to achieve an overall aesthetic character for the Project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Section 3.5.7 of the Land Development Code may be reduced with the approval of the County Engineering Review Services Manager. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. However, removal of fill from the Golden Gate Commerce Park PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.11 Off-Street Parking and Loading All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Land Development Code and the adopted IMP as applicable. 2.12 Use of Rights-of-Way Utilization of the rights-of-way for landscaping decorative entrance ways and signage shall be reviewed and approved by the Transportation Administrator pdor to any installations. 2.13 Polling Places Polling places shall be provided, in accordance with Article 3, Division 3.2, Section 3.2.8.3.14, of the Collier County Land Development Code. 2.14 PUD Monitoring An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6, of the Collier County Land Development Code. 2.15 Agency Jurisdiction The Applicant has conducted site inspections with the U.S. Army Corps of Engi~ they have confirmed that the site contains no wetlands under their jurisdictions. A GEt, DA iTEM JAN 2 5 2000 Pg .~ 2-4 2.16 2.17 2.18 Dedication and Maintenance of Facilities The Developer shall create appropriate homeowner or property owner associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Sionaqe All signage shall be designed in accordance with the adopted IMP and Land Development Code. Architectural Standards All principal structures shall be designed in accordance with the adopted IMP and corresponding development standards within this PUD document. 3-1 3.1 3.2 SECTION III COMMERCIAL DISTRICT Purpose The purpose of this section is to set forth the regulations for the area designated on the PUD Master Plan, Exhibit A, as "C", Commercial. Maximum Square Foota,qe 10,000 square feet per acre of retail commercial with a maximum of 220,000 square feet floor area, and 10,000 square feet per acre of office with a maximum of 30,000 square feet floor area; or a hotel at 26 units per acre with a maximum of 150 rooms, and 10,000 square feet per acre of retail and or office may be constructed on lands designated "C" Commercial." Total square footage will be based on the gross parcel area that the specific use will occupy, and will be determined dudng site development plan review. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures permitted throughout the parcel: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusement and Recreation Services (Groups 7911-7941, 7991, 7993). Apparel and Accessory Stores (Groups 5611-5699). Auto and Home Supply Stores (Group 5531). 5. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384). 8. Child Day Care Services (Group 8351). 10. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). ,,~i:~.~,%:~.~-,~-~-'~ Depository Institutions (Groups 6011-6099). 3-2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Eating and Ddnking Places (Groups 5812-5813). Educational Services (Groups 8211-8299) Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741-8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except madne service stations and truck stops subject to Section 2.6.28). Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to Sec. 2.6.26). General Merchandise Stores (Groups 5311-5399). Health Services (Groups 8011-8099). Holding and Other Investment Offices (Groups 6712-6799). Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). Hotels and Motels (Group 7011 in accordance with the development standards in this PUD document). Insurance Agents, Brokers, and Service (Group 6411). Insurance Carders (Groups 6311-6399). Legal Services (Group 8111). Membership Organizations (Groups 8611-8661, 8699). Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251, 7291). Miscellaneous Repair Services (Group 7631). Museums and Art Galleries (Group 8412). 3-3 3.4 30. Nondepository Credit Institutions (Groups 6111-6163). 31. Paint, Glass and Wallpaper Stores (Group 5231). 32. Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). 33. 34. Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). 35. Social Services (Groups 8322, 8351 and 8351). 36. United States Postal Service (Group 4311, except major distribution center). 37. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 38. Video Tape Rental (Group 7841). 39. Warehousing and Storage (Group 4225). 40,' Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in this district. B. Permitted Accessory Uses and Structures Uses and structures that are accessory and incidental to uses permitted in this distdct. Development Standards A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Maximum Height: Fifty (50) feet, except that the maximum height for buildings north of the main entry road shall be thirty-five (35) feet. Co Building heights shall be defined as the vertical distance measured from the first finished floor to the highest point of the roof surface of a fiat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. VVhere minimum floor elevations in flood prone areas have been established by law, the building height shall be measured from such required minimum floor elevations. D. Minimum Lot Width: Seventy-five (75) feet. 3-4 E. Minimum Yard Setback Requirements: 1. Front Yard - Fifteen (15) feet. 2. Side Yard - Ten (10) feet. 3. Rear Yard - Ten (10) feet. Lakefront - Zero (0) feet, provided architectural bank treatment is incorporated into the design, otherwise twenty (20) feet to control elevation. Setbacks of less than twenty (20) feet shall be specifically approved by Project Review Services with respect to maintenance and access. 5. Canal Maintenance Easement - Twenty (20) feet. Buffers: All buffer setbacks shall be measured from platted lot boundaries. The largest size buffer shall be located on the property with the most intense land use. When the land uses are of equal intensity, each parcel shall be required to provide the minimum buffer. 1. External: The minimum buffer between the commercial use and the adjacent residential use to the north shall be twenty (20) feet. 2. Internal: Minimum buffer between internal commercial parcels shall be five (5) feet. bo Minimum buffer between internal commercial parcels and intemal rights-of-way shall be ten (10) feet. 4-] 4.1 4.2 4.3 4.4 SECTION IV RESIDENTIAL DISTRICT Purpose The purpose of this section is to set forth the regulations for the areas designated on the PUD Master Plan, Exhibit A, as "R", and 'PJALF'. General Description The areas designated as "R" and "R/ALF" on the Master Land Use Plan are designed to accommodate residential dwelling units, and assisted living facilities. Maximum Dwelling Units Residential density shall not exceed 12 units per acre, with a maximum of 588. Assisted Living Facility units shall be based upon the FAR as required by the Land Development Code, with a maximum of 250. The total number of allowed units for Residential, and Assisted Living uses will be based on the allowed density and the gross parcel area that the specific use will occupy, and will be determined dudng site development plan review. Permitted Uses and Structures A. Single family detached dwellings B. Single family patio and zero lot line dwellings C. Single family attached dwellings D. Multifamily dwellings E. Assisted Living Facility F. Model Homes (in accordance with Section 2.6.33, Land Development Code.) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines to be compatible in the district. 4.5 Uses Accessory to Permitted Uses A. Customary accessory uses or structures. Recreational facilities, including golf course, club house, tennis facilities, ~a_n~ swimming pools, that serve as an integral part of the development. 4-2 4.6 D. E. F. Child care center Non-commercial boat launch facilities; Commercial Earthmining in accordance with Section 7.2 of this document. Essential services, in accordance with Section 2.6.9 of the Land Development Code; water management facilities; lakes, including lakes with bulkhead and other types of architectural bank treatment. Development Standards Co Development standards for Residential units are set forth in Table I. Development standards for Assisted Living Facility units shall be in accordance with Section 2.6.26 of the Land Development Code. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Regulations in effect at the time final local development orders are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards listed in Table I apply only to principal structures. jAN 4-3 TABLE 1 DEVELOPMENT STANDARDS RESIDENTIAL DISTRICT PERMITTED I. SES SINGLE PATIO & DUPLEX & STANDARDS FAMILY ZERO LOT TOWN- MULTIFAMILY DETACHED LINE HOUSES Minimum Lot Area 6000 SF 4500 SF 3000 SF*4 NIA Minimum Lot Width*5 60 45 30 N/A Front Yard Setback - 20 20*3 12/20'3 20 Principal & Accessory Side Yard Setback - Principal 7.~ 0*6 0 or 7.5 .5 BH & Accessory Rear Yard Setback- Principal 10 "5 "10 .5 BH Rear Yard Setback*l - 5 5 · 5 10 Accessory Maximum Building Height*2 35 35 35 50*7 Distance between Principal 15 10 0 or 15 15 or .5 SBH Structures BI-I: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent b ~ildings for the purpose of determining setback requirements. - Minimum lot areas for any unit type may be exceeded. The unit type, a~d not the minimum lot area, shall define the development standards to be applied by the Customer Services Departm, ,~t during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typic~ building configurations shall be submitted to the Customer Services Depadment with the application for the first building ~ ,trait. The conceptual exhibit may be modified as needed. All distances are in feet unless othem~ise noted. Any structure more than two stories in height will maintain a 20 foot minimum building ~paration. Flag lot shall have no minimum lot width but will meet lot area .requirements. Project walls shall be allowed within 1 foot of the right-of-way line. 4-4 Front yards shall be measured as follows: Ao If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a pdvate road, setback is measured from the back of curb ('d curbed) or edge of pavement (if not curbed). '1 - Setback from twenty foot (20') lake maintenance easement for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,000 S.F. for a total minimum lot area of 6,000 S.F. *,5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 - Zero feet (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 - No building or structure shall exceed a height of 35 feet or 3 habitable stodes within 200 feet of the northern boundary of the 'R' Residential District. 5-] 5.1 5.2 5.3 SECTION V OPEN SPACE DISTRICT Purpose The objective of this Section is to set forth the regulations for open space areas. Open space areas are included as a part of the PUD Commercial and Residential Districts; however, they shall be further limited in use according to this section. Permitted Uses and Structures - Open Space Areas No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Parks, passive recreational areas, boardwalks, observation platforms. Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage. Water management facilities and lakes, as approved by the South Florida Water Management Distdct (SFWMD), roadway crossings and utility crossings. D. Recreational shelters and restrooms, lighting and signage. Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines to be compatible with the intent of this district. Development Standards A. Overall site design shall be harmonious with the area's natural characteristics. All work proposed in open space areas designated on the Master Plan shall be reviewed and approved by the Collier County Development Services and other appropriate regulatory agency pdor to the commencement of any such activity. Setbacks and other development standards for structures shall be in accordance with the PUD distdct in which the open space occurs. 6.1 6.2 6.3 6-] SECTION VI PRESERVATION AREA Purpose The purpose of this Section is to identify permitted uses and development standards for the area designated on the Maste~: Plan, as Preservation Area. General Description Areas designated as Preservation Area on the Master Plan are designed to accommodate conserVation interpretive/educational trails and limited water management uses and functions. Permitted Uses And Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 7.1 7.2 SECTION VII DEVELOPMENT COMMITMENTS Water Management Should the South Flodda Water Management District, or any other agency, during it's review process cause changes to be made to the site plan or drainage facilities, Engineering Review Services shall reserve the dght to re-review the project and have it brought before the Environmental Advisory Council. A twenty foot (20') maintenance easement/landscape buffer shall be provided to Collier County and the SFVVMD Big Cypress Basin along the entire length of the Project's northern property line. The maintenance easement/landscape buffer shall accommodate a ten foot (10') wide recreational pathway, the Project's water management berm and a landscape buffer. The pathway may incorporate the Project's water management berm. In the event the water management berm is constructed prior to the pathway, with the approval of the SFVVMD Big Cypress Basin, the County may replace the berm with the meandering pathway to meet the County's design objectives of a park-like setting and to avoid the possibility of creating areas where stormwater may be trapped between the berm and the pathway. No trees shall be planted north of the pathway so as not to hinder access of canal maintenance equipment. A 20 ft. maintenance easement shall be provided around the perimeter of each lake along with an access easement to each lake. Provision for Off-site Removal of Earthen Material The excavation of earthen matedal and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted in Zones A. AB and B. If after consideration of fill activities on those buildable portions ,of the project site are such that there is a surplus of earthen matedal then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. Environmental A. The project is in compliance with Section 3.9.5.5.3 of the Collier Cou Development Code. The petitioner shall receive credit from any phase 7-2. 7.4 required 25% of native vegetation is exceeded and shall be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed, the petitioner shall delineate on the final subdivision plat the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each final subdivision plat which totals the overall 15% for the project build-out. The approximate limits of ground water protection zone W-4 shall be delineated on the final plat. Co Pdor to final site development plan approvals, a management plan for all individual areas of retained plant communities larger than one half (%) acre in area, as required by Collier County Land Development Code Section 3.9.5.3, shall be provided to Project Review Services environmental staff for review and approval. Transportation The developer shall make a fair share contribution toward the capital cost of traffic signals at any of the project entrances when deemed warranted by the Transportation Services Department Director. The signals will be owned, operated and maintained by Collier County. B. The developer shall provide artedal level street lighting at all project entrances. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). Twelve feet (12') minimum turn lanes shall be provided at all access points in accordance with Collier County Public Right-of-Way Manual and Ordinance 93- 64. Compensating right-of-way for tum lanes and median area shall be dedicated by the developer to reimburse the County for the use of existing right-of-way prior to the issuance of the first 'permanent' Certificate of Occupancy. Such dedication(s) shall ,be considered site related, and there shall be no read impact fee credit to the applicant. Payment of read impact fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Adequate Public Facilities Division 3.15. of the Collier County Land Development Code. Fo Go As iljustrated on the PUD Master Plan, the developer shall provide for the opportunity for a roadway connection to Access Road No. 2. All future transportation infrastructure improvements shall be consistent Activity Center ~ Interchange Master Plan. This includes adopted 7.5 Utilities 7-3 management standards/guidelines, transportation system management (TSM) and transportation demand management (TDM) strategies. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. It is anticipated that the County Public Works Department (hereinafter referred to as Department) will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on- site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, pdor to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 97-17 as amended. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control Distdct servicing the project area. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force-main which will ultimately connect the project to the future central sewerage facilities of the District in the C.R. 951 dghts.-of-way. The force main must be extended from the western right-of-way line of C.R. 951. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. Off-Site Utilities Improvements: 1. Water for hydraulic capacity to serve this project and reinforced as re necessary, consistent with the county's Water Master Plan to in the Department's water system can hydraulically provide a The existing off-site water facilities of the Department must be evaluated ure ufficie3t 7-4 quantity of water to meet the anticipated demands of the project and the Department's existing committed capacity. Sewer The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. PUD MASTER PLAN PREPARED ~ SWF: PROPERTIES OF SOUTHWEST FLORIDA, t_~ | i Il APTS. / 20~ A~NUE S w / J UNIT 3~ ~ ~9~~5~ I I~1 ~ -~ - '' I ~ J "~ Jill , tlI~L~]~ ' ' ~1 ~ ~ · I IIII [ ~~~1~ ,riiql II ........... ill II ~ ~NU[ S.~. ~ ~ ~~~ ~OLD~N ~T[JI ~-4~-2~ ~ ' VlL~ JII .~,~ ~o ~ II~~;~Y~~, ~'~1 28~ A~NUE S W ~ '* ~ ~ ~ UNIT 28 ~ ~ ~ ~s~ ~u~ s.w. :u~ous~l ~ ~: ~ ~t~ _ ~-~-~1~ ~ c~T~ --I ~1 ~ .... ~ ~HE~W~OO ~ ~ i ~NgUST~L ~K ~ BERKSHIRE ~ ~KES - ' PARK ~ ~-~1 ~ m ~ ~ SAPPHmRE ~ &~T~~ m ~ z : ~ GALLMAN / ~ ....... // I J COMMERCE III NAPLES GOLF / o~-~ -~ ~ ~'~'~ //~r I c~ IIIESTATES -v,.~o~,~ r.~o I I ~ SANTA BAFBARA ,, N~LES HERITAGE II CO.DO ~ ~ - ~L~ROW~ POIN E I I b ~ I II -=.-~o ~ .LOCH RIDGE ~~, - ~ / ~1~ ,o~o_~ Ij I 0 YOUTH~ J ~ II / ~ ~ H~9 I I ~ CA~ DEL SOL g~. Z ! WATERFORD ]l '~-~ I { Z G&C CLUB JWOODS ~5-5o-26 ii , p~oo~c~: GOLDEN GATE COMMERCE PARK LOCATION cu[~T: SWF PROPERTIES OF SOUTHWEST FLORIDA, LTD. WilsdnMiller ~. E~s. Ec~ts · ~ey~s · La~a~ ArcM~ts . Tr~a~ C~ants 34 49S ~lsonMiller, Inc. ~c.~c~ N0456-004-001 ~yL~,9~e~. Na~,~r~8~7. ~ ~-~. F~ ~-~ - W~-~e ~.~.~ KAC/1213 Des. Ci. :999 - 104226 KCr~,~C,~ER!X ', s c,,0~.56'\C4x,03',C:4560405 dwo EXECUTIVE SUMMARY r'ETITION PUD-98-17(1) BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING TRANSEASTERN PROPERTIES, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHITTENBERG ESTATES PUD FOR THE PURPOSE OF REVISING THE PUD DOCUMENT HAVING THE EFFECT OF REDUCING THE SIDE YARD SETBACK REQUIREMENTS FOR SINGLE FAMILY DETACHED DWELLING UNITS FROM 7.5 FEET TO 5 FEET, REDUCING THE MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES FROM 12 FEET TO 10 FEET AND ALLOWING LOTS FRONTING ON MULTIPLE ROAD RIGHT-OF-WAYS ONE FRONT YARD SETBACK, FOR 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 repeal the current Whittenberg Estates PUD and to adopt a new PUD in order to reduce thc side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reduce the minimum distance between principal structures from 12 feet to 10 feet and to allow lots fronting on multiple road right-of-ways one front yard setback, without essentially changing the land use strategy. ')NSIDERATIONS: The replacement PUD seeks to reduce the side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reduce the minimum distance between principal structures from 12 feet to 10 feet, and to allow lots fronting on multiple road right-of-ways one front yard setback, without essentially changing the land use strategy. This petition does not propose to add additional dwelling units above the 114 which were approved at the original adoption of the Whittenberg Estates PUD. There will be no decrease in the size of the previously approved preserve areas. There will be no change in the location and numbers of access points approved under the Whittenberg Estates PUD. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the residential portion of the project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: · Correctional Facilities: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit $117.98 per unit For an average unit size of 1,000 square feet, the total fiscal impact for residential development will be $2,757.00 per unit. Since this project proposes 114 units, the total amount of residential impact fees collected at build-out will total $314,298.00. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost '~"'" administering the community development review process, whereas utility fees are used on their ,portionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. Since this is a PUD to PUD rezone, a detailed analysis of the consistency relationships with the County's Growth Management Plan was provided at the initial application for rezoning. This petition does not propose to add additional dwelling units above the 114 which were approved at the original adoption of the Whittenberg Estates PUD. There will be no decrease in the size of the previously approved preserve areas. There will be no change in the location and numbers of access points approved under the Whittenberg Estates PUD. JAN 2 5 2000 Other applicable element (s) - By virtue of development commitments and the master plan development strategy, staff is of the opinion that the Whittenberg Estates PUD is entirely consistent with provisions of the Collier County 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 SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-98- 17(1), Whittenberg Estates PUD. EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 7-1 to forward a recommendation for approval to the Board of County Commissioners. The dissenting Commissioner voted against the petition because he believes that 5 feet side yard setbacks are insufficient to maintain adequate separation of single family residential dwelling units. This is the only reason this petition is not scheduled to appear on the summary agenda. JAN 2 5 2000 ~I~REPARED BY: CHIEF PLANNER REVIE~ BY: , RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION /- ~ -2 000 DATE DATE ROBERT J. IMULHERE, AICP, DIRECTOR PLANNING SERVICES DATE ~APPROVE~ VINCENT A. CAL~TERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-98-17(1) Whittenberg Estates PUD This petition has been tentatively scheduled for the January 25, 2000 Board of County Commissioners Public Heating. JAN pg. /7/ AGENDA ITEM 7-J TO: FROM: COLLIER COUNTY PLAN/x'LNG COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 6, 1999 RE: PETITION NO: OWNER/AGENT: PUD-98-17(1) WHITTENBERG ESTATES PUD Agent: Owner: Blair Foley, P.E. Coastal Engineering Consultants, Inc. 17595 S. Tamiami TraiL, Suite 102 Ft. Myers, FL 33908 Transeastern Properties, Inc. University Drive Coral Springs, FL 33065 REQUESTED ACTION: The petitioner seeks to repeal the current Whittenberg Estates PUD and to adopt a new PUD in order to reduce the side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reduce the minimum distance between principal structures from 12 feet to 10 feet and to allow lots fronting on multiple road fight-of-ways one front yard setback, without essentially changing the land use strategy. GEOGRAPHIC LOCATION: The Whittenberg Estates PUD is located on the north side of Davis Boulevard (SR-84), approximately ¼ mile west of County Barn Road in Section 6, Township 50 South, Range 26 East between the Bretonne Park PUD to the east and the Whittenberg PUD to the west (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The approved Whittenberg Estates PUD presently allows a mixture of single family and multiple family residential development. The maximum permitted number of dwelling units is 114, which computes to a gross density of 3.00 dwelling units per acre. The replacement PUD seeks to reduce the side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reduce th_¢.,..,~ ......... A~A JAN 2 5 2000 i minimum distance between principal structures from 12 feet to 10 feet, and to allow lots fronting on multiple road right-of-ways one front yard setback, without essentially changing the land use strategy. This petition does not propose to add additional dwelling units above the 114 which were approved at the original adoption of the Whittenberg Estates PUD. There will be no decrease in the size of the previously approved preserve areas. There will be no change in the location and numbers of access points approved under the Whittenberg Estates PUD. SURROUNDING LAND USE AND ZONING: Existing: The property is presently zoned PUD, is undeveloped and consists of wooded acreage and former agricultural land. Existing: The subject property is vacant and presently has a Planned Unit Development (PUD) 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 Whittenberg Estates PUD is located on the north side of S.R. 84 (Davis Boulevard) approximately 1 mile west of the intersection of Santa Barbara Boulevard and S.R. 84. The subject property is located in the Urban Residential Mixed Use designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi- family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use, multifamily residential PUD which is an authorized use of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The approved 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: JAN 2 5 2000 acres within urban residential land use designation +4 dwelling units/acre Therefore, 38 acres ~ 4 du/acre= 152 Total eligibility: 152 units The approved 114 units are below the eligible maximum of 152 units. Lands surrounding the subject site are developed with or are currently zoned to allow densities which range from 3 units per acre to 4.4 dwelling units per acre acre. Residential properties immediately abutting the subject site to the west are developed at a density of 3 dwelling units per acre, and the property to the east is developed at a density of 4.14 dwelling units per acre. The approved land uses allowed in this PUD are consistent with the provisions of the FLUE relative to a Mixed Use urban residential land use designation. There are no proposed changes to the types of uses permitted or an increase in the permitted density or number of permitted dwelling units. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and '-'-chaeological probability as referenced on the official Collier County Probability Map. ~erefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and the County's Board of Commissioners. The petition was administratively reviewed on behalf of the EAC and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezonmg process to accomplish a PUD amendment, we do so to achieve a level of ~-~lrnimstrafive convenience because it avoids the requirement to track amendments and their relationship :he original document in order to understand the totality of the regulations as they apply to ~.~m 3 JAN 2 5 pg. zoning district. The proposed amendment to the PUD is to reduce the side yard setback requirements for single family detached dwelling units from 7.5 feet to 5 feet, reduce the minimum distance between principal structures from 12 feet to 10 feet and to allow lots fronting on multiple road right-of-ways one from yard setback. These setback regulations and building separation requirements are consistent with similar projects which have been approved throughout Collier County. Setbacks and building separation proposed by the petitioner will enable adequate light and air circulation between structures. Additionally, the petitioner will still be required to meet the minimum Land Development Code's open space requirement for the overall project of sixty (60) percent. These proposed changes will not have a negative impact on the density or infi'astmcture internal or external to the project. For these reasons, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Whittenberg Estates PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. A transportation interconnection between the subject site and abutting property to the east was accomplished through a PUD Master Plan amendment which was approved in October, 1999. Access to the Whittenberg Estates PUD will be accomplished through an interconnection with the Brettone Park/Glen Eagle project, which abuts the subject site to the east. 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 Boulevard. The current traffic count for the segment fronting the project is 17, 159 PSDT and is operating at LOS "B". The planned and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if necessary. 4 2000 STAFF RECOMMENDATION: .sat the Collier County Planmng Commission (CCPC) recommend approval of Petition PUD-98-17(1) being a petition to repeal the current Whittenberg Estates PUD and adopt the revised Whittenberg Estates PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document), effectively reducing the side yard setback requirements for single family detached dwelling units fi.om 7.5 feet to 5 feet, reducing the minimum distance between principal structures fi.om 12 feet to 10 feet and allowing lots fi.onting on multiple road fight-of-ways one fi-ont yard setback, without essentially changing the land use strategy. 5 A~A I'i LM JAN 2 5 2000 PREPARED BY: SL,*SAN MURRAY, AICP CHIEF PLANNER DATE RE~H~WED BY' RO"~I~LD F.'~N< , R CURRENT PLANNING SECTION DATE ~CTOR PLANNING SERVICES DEPARTMENT DATE VINCENT A. CAUTERO, AICP, ADMINIS~TOR DAIE COMMUN]TY DEVELOPMENT & ENVIRONMENTAL SVCS. DMSION Petition Number: PUD-98-17(1) Whittenberg Estates PUD Staff Report for the January 6, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the January 25, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 6 99.268 PETITION NUMBER DATE APPLiCATiON FOR PUBLIC~ARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Transeastern Pr0p~rtie_~; Inc. Applicant's Mailing Address 3300 University Drive city Coral Sprinqs State Fl Zip Applicant's Telephone Number: Res.: N/A Bus.: (954) 346-9700 Is the applicant the owner of the subject property? Yes X No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) 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 partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant, is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Arthur Falcone - President, Phil £,c~i - Vic~-Pr~id~nt [dward Falcone - Vice-Presidmnt (If space is inadequate, attach on separate page.) 2. Name of Agent Blair A. Frilly: P.F. Firm Coastal Engineeri~lg Consultants, Inc. Agents Mailing Address 17595 S. Tamiami Trail: %ite !02 City Fort Mv~_r~ Telephone Numbe~: Res.: State FI N/A Zip 33908 Bus.: !941) 590-! 9Bfl JAN 2 § 20.30 99. 208 3. PUD ORDINA&qCE NZ~u~4E i~2NlD ~ER: Whittenberg Estates PUD 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale) . THE A]?PLICANT IS RESPONSIBLE FOR StTPPLYING THE CORRECT LEGAL DESCRIPTION· IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 6 TOWNSHIP 50S RANGE 26E A boundary survey will be ,provided upon request. Address or location of subject property . Between Whittenberq Villas and Glen Eagle on north side of Davis B0~levard. Does property owner ow~ contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO TYPE OF A}4ENDMENT: X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Lang~age Amendment DOES A}~ENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HF~kRING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? .Yes~ Transeastern Pr0pe~tieS, Inc.. PETITION #: PDI-99-4 DATE: ]0/7/99 10. 99.208 HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR (see be]ow.) DE~ELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEUELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Subdivision construction plans and plat are currently in review. AFFIDAVIT * See attached Affidavit. We, N/A being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. N/A N/A SIGNATURE OF OWNER SIGNATURE OF OWNER N/A SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this N/^ day of N/A , 199 by N/A , who is personally known to me or who has produced N/A as identification and who did (did not) take an oath. N/A (Signature of Notary Public) NOTARY PUBLIC Commission # N/A My Commission Expires: PUD\DO APPLICATION/md/4128 JAN 2 5 2000 YILE. I'4o: 268 08~D2 '99 13:58 ID:C[~ 'rAh D.,~II4EERINg 941 643 11~? PA~E 3 TRAflSEASTERN AFFIDAVIT We, TRANSEASTERN PROPERTIES, INC., being duly sworn, depose and say that 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, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. TRANSE~. ~T~uR F~ TIES, INC. [RESlOENT CHARLES M. BLACK/AGENT MENT SERVt¢ES, INC. 5worn to and subscribed bafore me this ,_~7~ day of ~ Public ,1999 PUD INSUBSTANTIAL APPLICATION 3300 University Drive, Coral Springs, FL 33065 - (954) 346-9700 Fax (954) 346-9704 - http://www.transeastern.com JAN ORDINANCE NO. 2000- 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 NUMBE~D 06065 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UN1T DEVELOPMENT KNOWN AS WHITrENBERG ESTATES PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-20, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Blair A. Foley, P.E. of Coastal Engineering INc., reprmen~ Tranzeaalern Properties, Inc., petitioned the Board of County Commissioners to change the zoning clarification 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 localed in Section 6, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accord~m~ with the PUD Docum~t, attach~ hea~o -- l~hil~."~,'~ ~ ia incorporated herein and by reference made part hereof. The Official Zoning Atl~ Map numbered 06065, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-20, know~ as the Whittenberg Estates PUD adopted on March 9, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in it~ entirety. SECTION THREE~ This Ordinance shall become effective upon filing with the Depaa~ae~ offers. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Co- Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjori~ M. Student Assistant County Attorney g/flmin/POD-91~- 17( I)/SM/I~ BY: -2- WHITTENBERG ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOPMENT OF WHITTENBERG ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WHITTENBERG DEVELOPMENT CORPORATION PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 34104 CEC FILE NO. 98.114 PUD98-~ October 22, 1999 DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: Exhibit "A' JAI',I 2 5 2~3 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT "A" PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL TRACTS D & E OPEN SPACE TRACTS B & C PRESERVE/CONSERVATION TRACTS F, G, H & J DEVELOPME~T COMMITMENTS PUD MASTER PLAN JA;.I 2 "i ,_~0 STATEMENT OF COMPLIANCE The development of approximately 38.0 acres of property in Collier County, as a Planned Unit Development known as Whittenberg Estates, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, recreational, and other development amhorized herein will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan in effect at the time of approval by the Collier County Board of County Commissioners for the following reasons: Residential Project The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 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. The project development results in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project development incorporates a natural system 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. The maximum density is 3.0 dwelling units per acre and is in compliance with the Future Land Use Element of the Grov. xh Management Plan which allows a base density of four (4). The project includes extensive open space in the form of a native vegetation preserve to provide a high quality of life for its residents. JAN 2 5 2~.?~ 1.1 1.2 1.3 1.4 1.5 1.6 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property being developed under the project name of Whittenberg Estates. PROPERTY OWNERSHIP The subject property is currently under the ownership of Bernard Cohen, P.O. Box 600343, North Miami Beach, Florida 33610. 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 County, Florida, subject to easements, restrictions, reservations and rights-of-way of record. GENERAL DESCRIPTION OF PROPERTY AREA The project site contains 38.0 acres and is located in lands lying within Section 6, Township 50 South, Range 26 East, Collier County, Florida. The property is bounded on the north by Saxon Manor, on the east by Glen Eagle Golf & Country Club, and on the west by the Whittenberg PUD. PROJECT DESCRIPTION Whittenberg Estates is a proposed residential community. The project will consist of a maximum of 114 units, recreational pool area and gate house. The project entrance is off Whittenberg Drive from the adjacem PUD, and the internal road system is a two lane dead-end cul-de-sac. The maximum number of dwelling units for the project will be 114 units, resulting in a gross density of 3 units per acre. SHORT TITLE This Ordinance shall be known and cited as the Whittenberg Estates Planned Unit Development Ordinance. I-I 2.1 SECTION II PROJECT DEVELOPMENT PURPOSE 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 GENERAL ho Regulations for development of Whittenberg Estates shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Collier County 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 County Land Development Code shall apply. Bo 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 fmal development order or building permit application. 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. Do Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PUD MASTER PLAN The PUD Master Plan including layout of streets and uses of land for the various tracts is iljustrated graphically by the PUD Master Plan, Exhibit "A". 2.4 PERMITTED DENSITY No more than the maximum of 114 dwelling units shall be constructed in the total project area. The gross project area is 38.0 acres. The gross project density, therefore '-xlfllI ;.~:a.':~i,-..~ maximum of 3 units per acre. ~.~d-~ 2.5 RELATED PROJECT PLAN .a2PROVAL REQUIREMENTS 2.6 2.7 2.8 Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final plans shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. MODEL HOMES AND SALES FACILITIES Model homes/dry model home centers, sales centers and administrative offices shall be permitted in conjunction with the promotion of the development after approval of the preliminary subdivision plat, consistent with the requirements of Section 2.6.33.4 and any other applicable sections of the Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE The land areas and recreation amenities will be under common ownership of all subsequent purchasers of property within said development. The developer has provided the appropriate legal instruments for the establishment of a Master Property Owners' Association whose function includes provisions for the perpetual care and maintenance of those common facilities and open space. This document is known as the "Master Declaration of Covenants, Conditions and Restrictions for Whittenberg Estates", to be recorded in the Public Records of Collier County. II-2 SECTION III 3.1 3.2 3.3 RESIDENTIAL TRACTS D & E PURPOSE The purpose of this Section is to identify specific development standards for areas designated on the PUD Master Plan as residential tracts. MAXIMUM DWELLING UNITS Tracts designated for residential uses shall be developed in accordance with the standards set forth in the Collier County Land Development Code and the development regulations established in this Ordinance provided the total number of dwelling units for the entire Whinenberg Estates PUD does not exceed 114. USES PERMI~ED The type of principal use that characterizes the initial development of any planed tract shall be carried throughout the development of that entire tract. No building or structure, or part thereofi shall be erected, altered or used, or land used, in whole or pan, for other than the following: A. Principal Uses: 2. 3. 4. Single Family Detached Multi-Family/Zero Lot Line Recreation Community Facilities (See B.2 below) Duplex B. Accessory Uses: Customary accessory uses and structures, including carports, garages, patios, pools, spas, decks, fences and other accessory uses that are typically associated with similar principal uses per the Land Development Code. Recreational community facilities that serve as an integral pan of a residential tract and have been designated, reviewed and approved on a Site Development Plan or Preliminary Subdivision Plat for that development. Recreational facilities may include, but are not limited to a pool building and swimming pool. Small docks, piers, boardwalks purposes of lake access. Small buildings, enclosures, or other structures constructed for purposes of maintenance, service or shelter. III-1 JA,~I 2 5 2~,~0 Pg.~ 3.4 DEVELOPMENT STANDARDS TYPE "I" SINGLE- TYPE "H" TYPE "m" PERMITTED USE STANDARDS FAMILY MULTI-FAMILY ZERO LOT LINE/ DETACHED DUPLEX Minimum Land Area Per Dwelling Unit 4500 SF 1 ACRE 3500 S1~0 Min. Site or Lot Width 38 FT 50 FT 38 FT Min. Front Yard Setback, Principal 25 FT2} 30 FT 25 FT *lin. Front Yard Setback, Accessory 10 FT 10 FT 10 FT Min. Side Yard Setback, Principal 5 FT 15 FT 0 FT or a min. of 6 FT(2) Min. Side Yard Setback Accessory 5 ET 15 FT 0 FT or a min. of 6 FT Side Yard Setback, Walls / Fences 0 FT 0 FT 0 leT .Min. Rear Yard Setback, Principal 20 leT 30 FT 20 FT Min. Rear Yard Setback, Accessory 10 FT 10 FT 10 FT Max. Building Height 35 leT 40 FT 40 FT Min. Distance Between Principal Structures 1 0 FT 15 leT 12 FT Min. Floor Area/Dwelling Unit 1200 SF 1000 SF I000 SF NOTE: Ali yards and set-backs shall be in relation to the individual parcel boundary except as otherwise provided. (~) 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. (2) Where the zero (0) feet yard option is utilize& 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. (3) Lots fronting a road fight-of-way on multiple si_des shall be required only one fi'ontyard setback which shall ~ on the driveway side. Remaining yards adj_~ent t_o a road fight-o_f-way shal_l have aprincival/accessorv yard setback of 15 tibet. Front yard setbacks shall be measured as follows: (a) (b) (c) (d) If the parcel is served by a public or private fight-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, setback is measured fi'om the back of curb, valley gutter or edge of pavement. If the parcel is served by a platted private drive, setback is measured fi'om the road easement or property line. The first dwelling unit conslxucted 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 REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. No recreational or commercial vehicle parking is allowed within residenti, Parking within principal structures is permitted. (i.e., garages) Iii-2 4.1 4.2 4.3 SECTION IV OPEN SPACE TRACTS B & C PURPOSE The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts B & C on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts are to provide lake, open space, and recreational facilities. If any vegetation is removed within these tracts, it shall be provided elsewhere within the PUD to maintain the required twenty-five percent (25%) retained native vegetation. 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 (Conservation Area). Small docks, boardwalks, or other such facilities constructed for purposes of lake or preserve access. Small buildings, enclosures or other structures constructed for the purpose &maintenance, storage, recreation or shelter with appropriate screening and landscaping. DEVELOPMENT REGULATIONS Ao Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Co A site development plan meeting all of the Development Regulations shall be required in accordance with Section 3.3 of the Land Development Code. Do Minimum Off-Street Parking and Loading: As required by Division 2.3 of the Land Development Code in effect at time of building permit application. Principal structures shall be set back a minimum of 20' from abutting re: idemial~ tracts outside this Planned Unit Development. IV-1 JA,',I 2 5 7. 00 5.1 SECTION V PRESERVE/CONSERVATION TRACTS F, G, H & J PURPOSE The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts F, G, H & J on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts is to provide exclusive preserve/conservation areas. A. No development is permitted on these tracts. V-1 6.1 6.2 6.3 6.4 6.5 SECTION VI DEVELOPMENT COMMITMENTS PURPOSE The purpose of tiffs Section is to set forth the development commitments for the development of Whittenberg Estates. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this PUD in effect at the time of local final development order or building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer and all subsequent landowners are required to satisfy 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. PUD MASTER PLAN A. Exhibit "A": The PUD Master Plan reflects the proposed site improvements. All necessary easements, dedications, or other instruments have been, or shall be, granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT The proposed start date is January 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. DEVELOPMENT SUBSTITLrrIONS FROM STANDARD SUBDIVISION REGULATIONS Land Development Code Substitute Section 3.2.8.4.16.5. of the minimum right-of-way easement widths for platted roads with valley curb and gutter regulations shall be 50 feet. VI-I such that 6.6 6.7 6.8 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. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of, the principal structure except as allowed in the Land Development Code and for the construction site office and related facilities such as Project Administrative Offices and Project Sales Offices. SIGNS All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. ENVIRONMENTAL Prior to final site development plan approval, the petitioner shall provide a narrative management plan indicating the manner in which the owner will protect the preserves (upland, wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier County Land Development Code. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes Section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/co ~~f:i ~, _. plan approval. VI-2 6.9 This plan shall include the me~xxis and time schedule for removal of exotic veg~iou within all conservation/preservation areas. Petitioner shall comply with guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planing Environmental Staff for review and approval prior to final site plan/construction plan approval. UTILITIES ho Water distribution, sewage collection and transmission systems shall be constmct~ throughout the project by the developer at no cost to Collier County and the State of Florida. Potable water and sanitary sewer facilities constructed within platted fights-of-way or within dedicated County utility easements, required by the County, shall be conveyed to the County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 88-76, as amended and all State and Federal regulations and adopted policies in effect at the time of conveyance. Ail l~able water and sanitary sewer facilities constructed on private property and not required by the County to be located within County utility easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of the potable water and sanitary sewer facilities within the project, the facilities shall be tested to insure they meet Collier County's utility consmmfion 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 County 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 structur~ within the project, the utility facilities shall be conveyed to the County, pursuant to Collier County Ordinance No. 88-76, as amended and all regulations in effect at the time conveyance is requested. All construction plans, technical specifications and proposed plats, if al~iicable, for the proposed potable water and sanitary sewer collection and transmission systems, whether County owned or privately owned shall be reviewed and approved by Engineering Review Services prior to commencement of construction. Co All customers cormecting to the potable water distribution system shall be customers of the County and shall be billed by the County in accordance with the County's established rate. All potable water and sanitary sewer facilities in publicly owned rights-of-way or within dedicated County utility easements within tbe projecfs !imit~ ~ ~ connection to the County's off-site potable water systems and ~nitary ~ facilities including but not limited to the following: 6.10 1) Main sewage lift station and properly sized force main interconnecting with the County utility easements necessary. 2) Potable water distribution facilities from the point of connection with the County's potable water facilities to a point of the project's property I/ne. 3) ConsU'uction and ownership of the potable water and sanitary sewer facilities shall be in compliance with Collier County Ordinance No. 88-76, as amended, all Federal, State regulations which apply and practices m 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 submitted with the construction documents. The reports shall list all design assumptions, demand rates and all other factors pertinent to the system under consideration. 5) Certifications of Occupancy for structures constructed within the project shall not be approved by Engineering Review Services until fire flow tests have been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. TRANSPORTATION The developer shall provide arterial level street lighting at the project entrance; such improvements shall be a condition of obtaining the fn'st Certificate of Occupancy. Bo 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 property interest shall include obtaining and providing, at the Developer's expense, an ALTA Form B (marketability) title insurance commitment within thirty (30) days of a request to do so by the County. Further, the Developer shall cooperate and follow all requirements contained in any commitment with Collier County. The date of said title commitment shall not be more than one hundred twenty (120) days prior to the date of the recording of the conveyance by the County. Within forty-five (45) days of recording the conveyance document, Developer, at its sole expense, shall also cause a final title insurance policy to be issued in favor of Collier County, a political subdivision of VI4 6.11 the State of Florida, which is in conformance with the County's standard title insurance procedures and guidelines. Said title insurance policy shall be consistent with the previously submitted title insurance commitment. This obligation shall bind the Developer, as well as mn with the land, upon approval of this PUD amendment petition, PUD-98-17(1). The developer, its assigns or successors, shall provide a fair share contribution toward the capital cost of future bikeways adjoining the project. 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 length shall be designed in accordance with Collier County Standards. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Fo All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. A copy of the SFWMD Surface Water Permit shall be submitted prior to final construction plan approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County LDC and SFWMD rules. Prior to issuance of the fkst 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 the north side of the Drainage Easement shall be dedicated to Collier County. 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 County Stormwater Management Department. ARCHEOLOGICAL Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation, or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. VI-5 Z Z 0 ~J 0 '7 ('/a'O'~l .0~[) 'eg IlS '~a'l~ SIAV~ II II -. // · ~ II 'a" I! }1 !i EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT 'CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISION; DIVISION 3.4. EXPLOSIVES; DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF SIGN MONUMENT, BEACON LIGHT, ROADSIDE SALES AND RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-SECTIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSIVE IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFiECTIVE DATE. OBJECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATIONS: This is the second of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Department Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and Technical Advisory Board and the Environmental Advisory Council where applicable. Where an advisory body recommended revisions to the staff recommended LDC change, these recommendations are included in the summary description of the LDC amendment. The Planning Commission held public hearings on November 17, 1999 and December 1, 1999. A summary of the review of these amendments by the Development Services Advisory Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. During the first public hearing, the Board discussed at some length revisions to Division 2.5 signs. The Board agreed in principal with the changes recommended by staff. The second public hearing held on January 5, 2000 was continued for purposes of definitively determining final revisions to the sign provisions. On January 11, 2000 at your regular board meeting; you directed staff to make certain revisions to the sign division of the Land Development Code which have now been incorporated into the amendi~ ~ ordinance included with this executive summary document. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: That the Board of County Commissioners approve amendments to the Land Development Code except as otherwise modified at this final public hearing all of which are described in the draft Ordinance of Adoption included with this executive summary. PREPARED BY RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROI~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE g/mis/EX SUMMARY/LDC/RN/im/ts /afc? / Land Development Code Amendments LDC DSAC EAC CCPC SECTION PROPOSED AMEN'DMENT RECOMMENDATION RECOMMENDATION RECOMMENDATION Sec. 2.1.15 Roadside Sales prohibited and Provision Approved per staff Approved per staff for Shopping Carts Sec. 2.2.12.4.3, To amend setback provisions for all Approved per staff Approved per staff 2.2.13.4.3, commercial zoning districts for the 2.2.14.4.3, purpose of establishing a relationship of 2.2.15.4.3, setback to the height of the building, 2.2.15½.4.3 specifically as follows: Front Yard: 25 feet or one-half of the building height as measured from each exterior or wall, whichever is greater. Rear Yard: 15 feet or one-half of the building height as measured from each exterior wall, whichever is greater. Sec. 2.2.14.1 Delete SIC 5999 Auction rooms Approved per staff Approved per staff ("C-3 District) Sec. 2.2.16 To reinforce the prohibition of automobile Approved per staff Approved per staff (I - Industrial sales lots by emphasizing auto repairs in District) the Industrial District Sec. 2.2.16.2. I To acknowledge Outdoor Storage Yards Approved per staff Approved per staff (Industrial and Real Estate Brokers and Travel District) Agencies as perrmtted use Sec. 2.2.28 Amend the Immokalee Overlay District to Approved per staff Approved per staff (Immokalee include a newly created subdistrict to be Overlay known as the Main Street Overlay District) subdistrict. Sec. 2.3.4, To aggregate Off-Site Parking, Shared Approved with Approved per staff 2.3.5, 2.3.14 Parking, and Parking Reservations lnto a modification made (Parking Parking Exemption Petition therefore Section) eliminating the difficulties inherent in dealing with them as individual types of exemptions Sec. 2.3.16 Revise stacking (queuying) requirements Approved per staff Approved per staff for banks and financial institutions Sec. 2.3.16.1 To eliminate provisions for bicycle spaces Approved per staff Approved per staff in Industr/al zoning districts Sec. 2.4.4.11 & Revisions to list of prohibited species Approved per staff Approved per staff Sec. 2.4.4.12 Sec. 2.4.7.4 Eliminate requirement for internal lot line Approved per staff Approved per staff Approved per staff landscape buffer in unified plan of development with cross access agreements and shared parking Sec. 2.5 Revising Sign Regulations principally Approved with By a 4 to 3 vote the CCPC affecting ground pole signs and providing modificaUons made recommended that these for amortising those ground pole signs that Approved items are as amendments not be will be made non-conforming as a result follows: All forwarded. of the adoption of these provisions housekeeping type amendments, Amortization plan for non-conforming signs, Prohibition of exposed neon. The following items were not approved: Reducing the size of wall signs and replacement of pole signs with smaller and more architecturally finished monument signs. Sec. 2.6.2.4 Allowance for tent canopies in residential Approved per staff Approved per staff districts in side and rear yard Sec. 2.6.4. t. 10 Amend exception to required yards to Approved per staff Approved per staff (Supplemental allow carports to encroach into required Reg.) yards in Commercial, Industrial and Multi- family districts. Sec. 2.6.4.3 To allow administrative variance for minor Approved per staff Approved per staff (Supplemental improvements to legal non-conforming Regs) structures due to code changes to front yards. (Note) Now applies to side and ~ rear) · ,c. 2.6.21 (Dock To standardize terminology relating to Approved per staff Approved per staff Facilities) waterways and clarify waterway width and reduce appeal period from 30 to 14 days and address riparian lines Sec. 2.6.33 Revisions to model homes/model sales Approved per staff Approved per staff (Temporary center to prohibit the issuance of perrmts Uses) for dwelling units in multi-family structures prior to SDP approval and plat recordation. 2 Sec. 2.6.35 Amend Section 2.6.35 of the LDC to: Approved per staff Approved per staff (Towers) xovide on time height bonus to allow an extension of tower's height to provide additional sharing (collocation space) on existing and non-conforming towers; to make allowances for easier acquisition and use of agricultural sites within the urban designated area; to decrease the allowable maximum height of towers in agricultural areas by decreasing the maximum height of towers permitted in agricultural areas from 280 feet to 250 feet in height and reducing the required acreage from 20 acres to 10 acres; to required lighting of towers greater than 150 feet for the safety of the Collier Mosquito Control District's spraying operations; to provide additional requirements for the submission of tower site plans; to provide additional findings for variance and conditional use application findings of fact, and; to make minor corrections to help update and clarify text. I Sec. 3.2.4.11.5 To allow division of 5 acres G.G.E. Lots Approved per staff Approved per staff (Subdivision into two and provide 20 foot easement to Regulations) one. Sec. To require professional engineer to supply Approved per staff Approved per staff 3.2.6.5.3(3) subdivision improvement s plans on (Subdivision computer disk in auto CAD Software Regulations) format. .. Sec. 3.2.8.3.6 Amend regulations relative to cleanng Approved per staff Approved per staff Approved per staff Subdivision land for proposed and approved regulations construction. Basically these amendments will facilitate early cleanng and filling activities. Sec. 3.4.7.1.4 Amendment to provide procedures and Approved per staff Approved per staff (Explosives) method for notifying property o.wners Sec. 3.4.7.4.3 Amendment to require blasting analysis by Approved per staff Approved per staff and 3.4.7.4.4. seismologist within 7 working days (Explosives) Sec. 3.9.3 Effect of placing fill on improved property Approved per staff Approved per staff Approved per staff Sec. 3.9.6.4 Vegetation Removal list and Prohibited Approved per staff Approved pe* staff Approved per staff Vegetation Sec. 3.9.6.8 Penalty for unauthorized removal of Approved per staff Approved per staff Approved per staff vegetation Division 6.3 Provide definition for Sign Monument Approved per staff Approved pex staff (Definitions) Beacon Light, Roadside Sales Prohibited exotic vegetation, and Riparian lines _ Appendix To readopt typical roadway sections Approved per staff Approved per staff Typical resulting from amendments to Sec. 3.2. Roadway //c~C.J / Section LDC AMENDMENT SUMMARY CYCLE 2-1999/md/UPDATED 12/2/99 3 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian, Ph.D., AICP DEPARTMENT: Planning Services LDC PAGE: LDC2:152.4-LDC2:173 LDC DIVISION: 2.5. CHANGE: Changing some dimensional requirements, providing an amortization period for all non-conforming signs built prior to January 1 st 1991 and not complying with the 1991 LDC requirements, some minor revisions to make the Code more comprehensible and user-friendly. REASON: This amendment will reduce the size of pole and some wall signs. This action is intended to reduce the visual pollution caused by reducing the size and height of pole signs. This amendment also provides for a three year amortization program for all non- conforming signs built prior to January 1st 1001 which do not comply with the 1991 LDC requirements. This action will require all non-conforming signs built prior to January 1st 1991 and not complying with the 1991 LDC requirements to be redesigned and made to comply with the dimensional requirements of the Code. FISCAL & OPERATIONAL IMPACTS: Replacement of non-conforming or illegal signs will have a fiscal impact on property and business owners. In the case of legal non-conforming signs, this impact is mitigated by the proposed amortization period. Attached is a detailed "Sign Enforcement Plan", which addresses the operational impacts on the Community Development & Environmental Services Division in detail. RELATED CODES OR REGULATIONS: Definition section of the Code. Amend Section 2.5. as follows: DIVISION 2.5. SIGNS Sec. 2.5.5. 2.5.5.1. Permitted signs. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 2.5.5.1.1. Development standards. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet. or as provided within this code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. Minimum setback. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties shall not be located closer than 15 10 feet from the property line, unless otherwise noted below or as provided for in section 2.1.13. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum often feet from the edge of pavement. (No building permit required.) One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) o One pole sign with a maximum height of-l-5 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess ten acres in size. Real estate signs shall not be located closer than -!-5 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign -1-5 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. 2.5.5.1.3. 2.5.5.1.4. 2.5.5.1.5. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 14 days after it is erected. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner (No building permit required.) Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: One ground sign with a maximum height of 6 feet or wall sign, with a maximum of four square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) One ground si_ma with a maximum height of 8 feet or wall sign, with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size. (No building permit required.) One pole sign with a maximum height of 15 10 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of ten acre in size. One ground sign with a maximum height of 6 feel[ or wall sign, with a maximum of four square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size, (No building permit required.) Residential directional or identification signs. Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the planning services director, or his designee. Such signs shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These signs may be cjustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet. Such cjustered signs shall require a building permit. For signage to be located alone along the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2. / 2.5.5.1.6. 2.5.5.1.7. 2.5.5.2. 2.5.5.2.1. On-premises signs within residential districts. Two ground signs with a maxirrtum height of 8 feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a 10 -1-5-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. Conditional uses within the residential and agricultural districts. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Comer lots are permitted two such wall signs. Conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground sign with a maximum height of 8 feet wit~ and a maximum area of 32 square feet. o Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No building permit required.) The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. Signs within non-residential districts: Design criteria and uIdnified sign plan. Where multiple on-premise signs are proposed for a single site or project, or in the case of a shopping center or multi-use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: (a) Colors; (b) Construction materials and method; (c) (d) (e) (f) ¢-'2--)(h) Architectural design; Illumination method; Copy style; Sign type(s) and location(s); and, conformance with the following; No wall si_m'~ shall exceed 80 percent of the width of the unit(s) or thc building occupied by a business with a minimum often percent clear ar~a on each outer edge of the unit(s)or the building; All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan; and Pole signs shall provide a pole cover no less than 50 percent of the width of the sign. with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of division 2.5. of this C t~ Tll,,~+~+;~ 1 ode ~ Illu.~tralion 16 (Iljustration 16 has been deleted) (k) 2.5.5.2.1.1. The si_un shall not be in the shape of a logo and the logo shall not protrude from the sign. The use of fluorescent colors is prohibited. Outparcels.. In addition to the above requirements, m,,W-]~t-signs plm~s for outparcels, regardless of the size of the outparcel, shall be limited to the following: (a) In addition to any wall signs permitted by this Code, outparcels may by allowed one additional six _ty square feet wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case the number of wall signs for an outparcel can exceed 2 signs; and, (b) A single ground or pole sign for outparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Monument signs shall be limited to -t-5 8 feet in height. 2.5.5.2.2. 2.5.5.2.3. Development standards. Maximum allowable height. All pole or ground signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground si_mas for automobile service stations and outparcels which are limited to a maximum height of 8 feet: the maximum height for directory, signs is limited to 20 feet, see4io~. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. Minimum setback. All pole or ground signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 10 feet from the property line. Directory_ signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 2.1.13. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. 60 square feet for outparcels and automobile service stations and 150 square feet for directory, signs. The location of all permanent pole. _m'ound and directory_ si_mas shall be shown on the landscape plans as required by section 2.4.4.17. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-t_vpe construction with not more than one display on each facing for a maximum of two display areas for each V-type sign. and such sign structure shall be considered as one si_ma. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or si_mas and away from any right-of-way, Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign with a maximum area of twelve square feet in size per 2.5.5.2.4. street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) o One ground sign with a maximum height of-l-5 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. Real estate signs shall not be located closer than 4-5 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 4-5 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. o Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. A sign advertising that a property has been sold or leased shall not be displayed for more than 20 14 days after it is erected. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than -1-5 10 feet from any property line, and subject to the following: One ground sign with a maximum height of 10 feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) One ground sign with a maximum height of 10 f~et or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size. (No building permit required.) One po~ ground sign with a maximum height of-t-5 10 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permi.t board, within each front yard for each parcel in excess of 10 acres in size. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). All construction signs must be removed prior to the issuance of a certificate of occupancy. 2.5.5.2.5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ¢:,'e ground signs. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple- occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight of more independent businesses will be permitted one directory sign with a ...~,,--~-.~v~ ..... o.,~,,;-" ,,~^c ~.,v'~n square .,,,,,c~* for a single entrance on each public street. When any directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory, si_~n shall contain a minimum of 4 and a maximum of 8 tenant names. The narn~ of businesses located on outparcels shall not appear of directory_ signs. Maximum n, ..... ~'~ slgn area: · ~tm ig ' s ns, or a maxlmum ~_~;,~a area ~2.5.5.2.5.1.1 .The minimum 15 feet setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than 5 feet. The planning services director's decision to reduce the required based on the following: 15 feet setback shall be /¥ 2.5.5.2.5.2. a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required -1-5- feet setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. A Wall mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. T~ ~a.~;+; ..... . ..... ~ .... :*U:~ businesses with a floor area of larger than ~,~ q cmc~ 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the 10 2.5.5.2.5.3. 2.5.5.2.5.4. 2.5.5.2.5.5. combined area of those signs shall not exceed the maximum allowable display area for signs by this code. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square £¢¢t for buildings or units up to 24.999 square feet. 200 square feet for buildings or units between 25.000 and 59.999 square feet and 250 square feet for buildines_ over 60.000 ,,'~n ...... square feet in area fo, ..... ., ::gn.' Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. Projecting signs shall not project more than four feet from the building wall to which it is attached. Projecting signs shall not extend above the roofline of the building to which it is attached. 3. Projecting signs shall not project into the public right-of-way. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. Under-canopy signs. In addition to any other sign allowed by this code, one under- canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. Signage for automobile service stations: The followings are the only signs allowed in automobile services stations and convenience stores with gas pumps. allowed in section 2.5.6.13 of this code. 2. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, and back lighting and accent striping are is prohibited on canopy structures. 3. r~^~ ~: ......... *';~';*~'~ ho--'ever, ~ One (1) ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is cj / 11 /g limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area g0 60 square feet. 4. ]4tumim~md-s Signage, logos, advertising and information are prohibited above gas pumps. Wall signs: As allowed in section 2.5.7.2,5.2. of this code. Directional signs: As allowed in section 2.5.6.2. of this code. 2.5.5.2.5.8.1. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. A cash bond in the amount of $500.00 shall be posted with the Collier County Development Services to insure adeo. uate clean up and removal of all political signs installed under the said permit. This bond is not intended to replace the applicant's responsibility to remove all political signs installed under the said permit. The Collier County Development Services shall return such bond to the permitee if all signs for the candidate or the issue for which the permit was issued is removed within seven days after the election. In the case of non- compliance with the requirements of this Code, the money in its entirety will be used by the Development Services to take corrective actions. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. o Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 32 square feet per sign, and shall be located no closer than -t-5 10 feet to any property line. The number of such signs shall be limited to one P.~:c signs for each lot or parcel per bulk permit issued for each candidate or issue. All supports shall be securely built, constructed and erected to conform with the requirements of this code. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. 12 /7 o Political signs shall be erected not more than 60 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. 2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 4-5 10 feet to any property line. Such signs shall require a building permit. 2.5.5.2.9. Specialpurpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.5.10. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback ofl0 4-5 feet, may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development;_. Ddirectional or identification signs maintaining a common architectural theme maybe combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. L0gos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 2.5.6.2. of this code. 2.5.5:2.5.11. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan . On-premises signs shall be permitted within agriculturally zoned or used property, for agfi-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 2.5.5.2.5.11.1. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 13 2.5.5.2.5.11.1.1. On premise signs within a_ericultural zoned districts in the urban area shall comply with the requirements of section 2.5.5.2. of the land development code. 2.5.5.2.5.11.2. Seasonal farm signs (on-site). One temporary pote-o~ ground sign, with a maximum height of 10 feet, and located a minimum of 10 feet from any property, line, public or private right-of-way or easement, identifying the farm, farm organization, entrance, or gate not exceeding 40 32 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.5.11.3. U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet in area and a maximum heizht of 10 feet, and shall be located a minimum of-l-5 10 feet from any property line, public or private right-of-way or easement. 2.5.5.2.5.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2.5.12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if the following requirements are met: Off-premises directional signs shall only be permitted in nonresidentially zoned, or agricultural districts. No more than two one sided or one double sided off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided: 1. Each sign is not more than 12 square feet in area. 14 The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3. The sign is located no closer than -1-5 10 feet to any property line. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. o The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. Sec. 2.5.6. Signs exempt from permitting. In addition to those signs identified elsewhere in this code, the following signs are exempt from the permit requirements of this code, and shall be permitted in all districts subject to the limitations set forth below: 2.5.6.1. Signs required to be maintained or posted by law or governmental order, rule, or regulation. 2.5.6.2. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 2.5.5.2.5.10. of this code. 2.5.6.3. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the street address of the premise. 2.5.6.4. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 2.5.6.5. "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided each sign does not exceed three square feet in size. 15 2.5.6.6. 2.5.6.7. 2.5.6.8. 2.5.6.9. 2.5.6.10. 2.5.6.11. 2.5.6.12. 2.5.6.13. 2.5.6.14. 2.5.6.15. 2.5.6.16. 2.5.6.17. One ground or wall "For Sale," "For Rent," or similar sign per street frontage for each parcel, or lot less than ten acres in size. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within -1-5 10 feet of any property line, right-of-way or access easement. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs shall be oriented along the fence or wall to face the field(s) or playing area, and away from any adjacent public or private roads. Traffic control and safety signs or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. Non-electrical. non-illuminated and non-reflective Wwindow signs not exceeding 25 percent of each window area. Signs'located at the entrance drive of residences located upon 2.25-acre lots or greater, displaying the name and address of the resident and not exceeding four square feet in area. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finish grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 2.5.7 of this code. Religious displays that do not constitute advertising. 16 2.5.6.18. 2.5.6.19. 2.5.6.20. 2.5.6.21. Sec. 2.5~7. 2.5.7.1. 2.5.7.2. 2.5.7.3. 2.5.7.4. 2.5.7.5. 2.5.7.6. 2.5.7.7. 2.5.7.8. 2.5.7.9. Painting, repainting or cleaning witho~lt modifying the existing sign copy or design of an advertising structure, or changes which are determined by the planning services director to be less than a substantial improvement. Copy changes for shopping center, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. One ground or wall sign may be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acres in size Temporary signs in conjunction with an approved temporary use permit. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this code. The following signs are expressly prohibited: Signs which are in violation of the building code or electrical code adopted by Collier County. Abandoned signs. Animated or activated signs, except time and temperature signs. Flashing signs or electronic reader boards. Rotating signs or displays. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the zzning ordimm~ Land Development Code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. Signs located upon, within, or otherwise encroaching upon county or public rights- of-way, except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. Billboards. Strip lighted signs. 17 /x(o / 2.5.7.10. 2.5.7.11. 2.5.7.12. 2.5.7.13. 2.5.7.14. 2.5.7.15. 2.5.7.16. 2.5.7.17. 2.5.7.17.1. 2.5.7.17.2. 2.5.7.18. 2.5.7.19. 2.5.7.20. 2.5.7.21. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. Roof signs. Portable signs. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this code. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code). Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 2.5.12 having been issued by the community development services administrator or his designee shall be removed as provided in section 2.5.7. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and Taken as a whole, lacks serious literary, artistic, political, or scientific value. ~i ..... ~':c*' Beacon lights. Any sign which ~ emits audible sound, vapor, smoke, or gaseous matter. Any sign which O obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. Any sign which ~; employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). 18 2.5.7.22. Any sign which ~ is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. 2.5.7.23. ~ G constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. 2.5.7.24. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. 2.5.7.25. Any sign which l~uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. 2.5.7.26. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this code. 2.5.7.27. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. 2.5.7.28. Inflatable signs. 2.5.7.29. Accent lighting as defined in this code. 2.5.7.30. Illurrlinated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside Sec. 2.5.8. Termination of prohibited signs. All signs expressly prohibited by section 2.5.7. and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement Director, or his designee, or, within 30 days of the end of the amortization period contained in section 2.5.9. or, in the alternative, shall be altered so that they no longer violate section 2.5.7. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 2.5.9.3. 19 Sec. 2.5.9. Nonconforming signs. Existing signs not expressly prohibited by this code and not c,.:mforming to its provisions shall be regarded as nonconforming signs. 2.5.9.1. The following signs, and sign structures shall be removed or made to conform to this code within 90 days from the effective date thereof. 2.5.9.1.1. Signs made of paper, cloth or other nondurable materials. 2.5.9.1.2. All temporary signs. 2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18. 2.5.9.1.4. All non-conforming on-premises signs, and sign structures having an original cost or value of $100.00 or more. and originally built prior to January_ 1st 1991, which do not comform to the requirements of the 1991 LDC and all illuminated and/or animated siens, neon or otherwise, installed inside commercial establishments and intended to be seen from the outside may be maintained until February_ 1st, 2003, at which date all such signs must be made to comply with the requirements of this code or removed, except as provided below: 2.5.9.2. Nonconforming off-premises signs. All nonconforming off-premises signs, and sign structures having an original cost or value of $100.00 or more may be maintained for the longer of the following periods: 2.5.9.2.1. Two years from the date upon which the sign became nonconforming under this ordinance. 2.5.9.2.2. A period of three to seven years from the effective date of this ordinance, according to the amortization table below. Sign Cost/Value $100.00 to $1.000.00 3 $1,001.00 to $3,000.00 4 $3,001.00 to $10,000.00 5 Permitted Years from Effective Date of this Amendment 20 More than $10,000.00 I7 I 2.5.9.2.3. Any owner of an off-premises sign who requests an amortization period longer than two years shall, within one year from the date of enactment of these regulations, register the sign with the code enforcement director, or his designee. The following information shall be provided at the time of registration; the cost or value, whichever is greater, of the sign; the date of erection; or the cost or value and date of the most recent renovation; a photograph of the sign or signs and their supporting structure, not less than five inches by seven inches in size; and a written agreement to remove the sign at or before the expiration of the amortization period applicable to the sign. The off-premise sign owner's signature shall be witnessed before a notary public on all requests for extended amortizations. A registration fee of $50.00 shall be paid at the time of registration. Sec. 2.5.10. Continuation of nonconforming signs. Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may be continued and may shall be maintained in good condition for the duration of amortization period as required by this code, but shall not be: 2.5.10.1. Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. 2.5.10.2. Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more of its replacement value, except in conformity with this code. 2.5.10.3. A nonconforming permanent on-premises or off-premises sign shall not be replaced by another nonconforming sign except that substitution or interchange of letters, on nonconforming signs shall be permitted through the period of nonconformity established by this code. 2.5.10.4. Continued in use when any land use to which the sign pertains has ceased for a period of 90 consecutive days, or has otherwise changed. 2.5.10.5. Nonconforming status shall not be afforded to any sign erected without the required permit issued by the county, state, or any federal agency either before or after the enactment of this code, or to any pre-existing signs which have been illegally installed, constructed, placed or maintained. 2.5.10.6. In the case of sign which would be permitted by, and conform to, the regulations of this code, except that such signs violate the maximum height, minimum setback from a property line, maximum sign area and other similar development standards, the planning services director, or his designee, may approve structural alterations upon 21 written request, provided the sign and or supporting structure is redesigned so as to remove one or more of the nonconforming aspects of the sign. Sec. 2.5.12. Permit applications. 2.5.12.1. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or c?~nce change the sign copy (see section 2.5.5. for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the code and all other applicable provisions of Collier County's ordinances and regulations have been met. 2.5.12.2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3. Form. Every application for a building permit shall be in writing upon forms to be furnished by the community development and environmental services administrator, or his designee. 2.5.12.4. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or chance change the sign copy of any sign under the provision of this code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: 2.5.12.4.1. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. 2.5.12.4.2. The legal description and the street address of the property upon which the sign is to be erected. 2.5.12.4.3. The dimensions of the sign including height. 2.5.12.4.4. The copy to be placed on the face of the sign. 2.5.12.4.5. Other information required in the permit application forms provided by the community development and environmental services administrator, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. 2.5.12.4.6. Two blueprints or ink drawings, certified by a Florida registered engineer or architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. 22 2.5.12.4.7. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. 2.5.12.4.8. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. 2.5.12.4.9. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. 2.5.12.5. Expiration of permit. BUilding permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. 2.5.5.2.1.2. Adherence to the unified sign plan: Requests for building permits for permanent on- premise signs shall adhere to the unified sign plan. which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a unified sign plan for the building or pro_iect the sign is accessory_ to. Existing permitted signs may remain in place: however, all future requests for permits, whether for a new sign. or relocation, alteration, or replacement of an existing sign. shall adhere to the unified sign plan for the property.. Sec. 2.5.13. Enforcement. 2.5.13.1. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this code. All signs located within Collier County shall comply with the following requirements: 2.5.13.1.1. The issuance of a sign permit pursuant to the requirements of this code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2.5.13.1.2. All signs for which a permit is required shall be subject to inspections by the county mamag~ administrator or his designee. The county mamag~administrator, or his designee, is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this code are being adhered to. Such entrance shall be 23 made during business hours, unless an emergency exists. The county mmmg-~ administrator, or his designee, may order the removal of any sign that is not in compliance with the provisions of this code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. 24 ORDINANCE NO. 2.000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED. THE COLklER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERa. L; DIVISION 2.2. ZONING DISTRICTS, PER~MITTED USES, CONDIIIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.9. VEGETATION REMOVAL, PROIECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMIIED IO THE DEFINITIONS OF MONUMENT SIGN, BEACON LIGHI, ROADSIDE SALES AND RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-SECTIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN IHE COLLIER COUNTY LAND DEVELOPMENI CODE; AND SECIION SIX, EFFECTIVE DATE. WHEREAS. on October 30. 1991. the Collier Count.',' Board of County Commissioners adopted Ordinance No. 91-102. the Collier Count.',' Land Development Code {hereinafter LDC) , which has been subsequently amended: and WHEREAS. the LDC ma',' not be amended more than t'~'o times in each calendar year pursuant to Section 1.19.1 .. LDC: and WHEREAS. this is the second amendment to the LDC, Ordinance 91-102. commencing in calendar year 1999: and WHEREAS. on March 18. 1997. the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC: and WHEREAS. all requirements of Resolution 97-177 have been met: and WHEREAS. the Board of County Commissioners. in a manner prescribed bx' lax,,', did hold advertised public hearings on December 15. 1999 and January . 2000. and did take action conceming these amendments to the LDC:. and WHEREAS. all applicable substantive and procedural requirements of the la,,,, have been met. NOW. THEREFORE BE IT ORDAINED by the Board of Counb' Commissioners of Collier County. Florida. that: SECTION ONE: RECITALS The tbregoing recitals are true and correct and incorporated by reference here~ SECTION TWO: FINDINGS OF FACT Words .sw~)k.4h~ are deleted, words underlined are added. I The Board of Countx Commissioners of Collier Count.,,'. Florida. hereby makes the tbllo'a'ing findings of fact: l. Collier Count?'. pursuant to Sec. 163.3161. et se_~_q.. Fla. Stat.. the Florida Local Governn Comprehensixe Planning and Land Dexeiopment Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensix e Plan. 2. .After adoption of the Comprehensive Plan. the .Act and in particular Sec. 163-3202(1). Fla. Stat.. mandates that Collier Count> adopt land dex elopment regulations that are consistent with and implement the adopted comprehensi'~e plan. 3. Sec. 163.3201. Fla. Stat.. provides that it is the intent of the Act that the adoption and enforcement b> Collier Count.'. of land dexelopment regulations for the total unincorporated area shall be based on: be related to. and be a means of implementation lbr. the adopted Comprehensive Plan as required by the Act. 4. Sec. I63.3194flllb), Fla. Stat.. requires that all land development regulations enacted or amended b>' Collier Count.,,' be consistent with the adopted Comprehensive Plan. or element or portion thereol: and any land development regulations existing at the time of adoption ~'hich are not consistent with the adopted Comprehensive Plan. or element or portion thereot: shall be amended so as to be consistent. 5. Sec. 16.~.o_0~(_,1. Fla. Stat.. states that the Act shall be construed to encourage the use of innovative land de'`'elopment regulations. 6. On JanuaD 10. 1989. Collier County adopted the Collier Count> Growth Management Plan (hereinafter the "Gro,,,4h Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seg. Fla. Stat.. and Rule 9J-5. F.A.C. 7. Sec. 163.3194~1)ial. Fla. Stat.. mandates that after a Comprehensive Plan. or element or portio" thereof: has been adopted in conformity' with the Act. all development undertaken by. and all actions take regard to development orders b5. governmental agencies in regard to land coxered by such Comprehens, Plan or element or portion thereof shall be consistent x,,ith such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3~ia~. Fla. Stat.. a dexelopment order or land development regulation shall be consistent with the Comprehensive Plan if the land uses. densities or intensities, in the Comprehensi'`e Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat.. requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses. densities or intensities. capacity or size. timing, and other aspects of development are compatible with, and further the objectives. policies, land uses. densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local go~,ernmem. 10. On October 30. 1991. Collier Count',' adopted the Collier Count.,, Land Development Code. which became effective on No'~ember 13. t991 and ma.',' be amended tu,'ice annually'. I 1. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County: encourage the most appropriate use of land. water and resources, consistent with the public interest: overcome present handicaps: and deal effectively with Ihture problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County: prexent the overcro,~'ding of land and avoid the undue concentration of population: facilitate the adequate and efficient provision of transportation, water, se~'erage schools, parks, recreational facilities, housing, and other requirements and sen'ices, conserve, develop, utilize, and protect natural resources wnhin the .jurisdiction Collier County: and protect human, environmental, social, and economic resources: and maintain thro orderly growth and development, the character and stability of present and future land uses and development Collier County. ,,/.~~ / Words ~ are delete& words underlined are added. 2 12. It is the intent of the Board of County Commissioners of Collier Counrv to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan. Chapter 125. Fla. Stat.. and Chapter 163. Fla. Stat.. and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A AMENDMENTS TO DIVISION 2.1., GENERAL Division 2.1. General. of Ordinance 91-102, as amended, the Collier Count.',' Land Development Code. is hereby amended to read as follows: DIVISION 2. I GENERAL Sec. 2.1.15. Prohibited uses and structures Any use or structure not specifically permitted in a zoning district as a permitted use. conditional use or use allox~ed by reasonable implication shall be prohibited in such Roadside sales shall be prohibited in all zoning districts. No temporary use permit or license can be obtained for any type of roadside sale. Subject to exceptions in Ordinance No. 76-11. as amended, the storage, display, or sale of an? items, services, materials, or products, whether finished or unfinished, processed or natural, within public rights-of-way shall be prohibited. Notwithstanding anything in Ordinance No. 76-11. as amended, or any other part of the Collier County Code. in unincorporated Collier County no person shall be upon or go upon any public road. when the road is open to vehicular traffic, for the purpose of displaying any advertising to. or distributing an.',' tangible thing or soliciting any business, contribution or any other tangible thing ir'rom an.',' occupant of any motorized vehicle that is being operated on the public road. No person shall be within four feet of any edge or such road for the purpose of distributing any tangible thing or soliciting an.,,' business, contribution or any other tangible thing from any occupant of any motorized vehicle being operated on the public road. As used in this section. "road" means all public areas between two exterior most edges of all paved and unpaved surfaces that are available and used for either travel of, or in the road parking oir: motorized vehicles. 'bRoad" includes all medians in all such interior areas, and includes shoulders. All roads, including roads that me separated by one or more medians, have only two exterior edges. "Road" includes streets, highways and other words that describe such facilities and no differentiations are intended. The storage, display, or sale of any items, services, materials, or products whethe, a' finished or unfinished, processed or natural, other than form within, or as part of the normal operation of a permanent structure authorized by the Collier County land development code shall only be allowed in accordance with section 2.6.33. When the operating characteristics of a duty authorized business require the utilization of shopping carts bv customers provision shall be made for outside storage areas to be iljustrated on a site development plan. and said shopping carts shall be collected at the close of business each day and stored at the front of that business establishment. It shall be the responsibility of the merchant to collect anv and all shopping carts that stray from the premises upon which they are intended to be utilized. A name-plate on a shopping cart shall be prima-facia evidence of ownership. SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION USES Words saq~fle, ql~k are deleted, words underlined we added. 3 Division 2.2.. Zoning Districts. Permitted ;'-es. Conditional L'ses, Dimensional Standards, Ordinance 91-102, as amended, the Collier Count,, Land De',elopment Code. is hereby amended to re' follows: DMsion 2.2. ZONING DISTRICTS, PERMITTED DIMENSIONAL STANDARDS Sec. 2.2.12 Commercial professional transitional district (C-l/T). 2.2.12.4.3 ~lim'mum yard requirements. 1. of USES, CONDITIONAL USES, district (C-l) and commercial professional Front yard 25 feet or one-half of the buildine height as measured from each exterior wall, whichever is greater. Rearyard 15 feet or one-half of the buitdine height as measured from each exterior wall, ~'hiche~er is greater. Sec. 2.2.13 Commercial convenience district (C-2). 2.2.13.4.3 Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from each exterior wall. whichever is creater. 3. Rearyard. 15 feet or one-half of the building heiizht as measured from each exterior wall. whichever is greater. Sec. 2.2.14. Commercial intermediate district (C-3). 2.2.14.2.1, Permitted uses. 3. 4. 5. Unless otherwise provided for in this section, all permiued uses of the C-2 commercial convenience district. Apparel and accessoD' stores (groups 5611--5699). Auto and home supply stores (5531 ). Automotive sen'ices ( 75491. Business services (groups 7311.7313. 7322--7338. 7361--737% 7384. 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cuuing and slitting). Eating places (5812 only). Ail establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. Food stores (groups 5411--5499). General merchandise stores (groups 5311 --5399). Group care facilities (category 1 and 1I. except for homeless shelters): care units, except for homeless shelters; nursing homes: assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.: and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.: all subject to section 2.6.26. [Reserved.] ,//~r~J Words :_'z"::'.: t.~,ag,~ ar~ deleted, words underlined are added. 4 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 23. 24. 26. 27. Home furniture, t'umishing, and equipment stores (groups 5712--5736~. Libraries 18231 ~. Marinas 14493 ). subject to section 2.6.22. Membership organizations ( 8611 --8699). Miscellaneous repair services I groups 7629--7631 ). Miscellan~ .s retail (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms). Museums and art galleries/8412). Nondepository credit institutions (groups 61 l 1--6163). Paint. glass and ~allpaper stores 15231). Personal serxices ¢groups 7211. 7212. 7215. 7216 nonindustrial dr,. cleaning only. 7221--7251. 7291 }. Public administration {groups 911I--9199, 9229. 9311. 9411--9451. 9511--9532, 961 l--9661 I. Retail nurseries, lawn and garden suppl? stores I5261 ). Veterinao serxices (groups 0742. 0752 excluding outside kenneling). Videotape rental t 784 l I. United States Postal Service i4311 except major distribution centers 1. An>' use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this code. An.,,' other general commercial use which is comparable in nature with the foregoing uses including buildings tbr retail, sen'ice and office purposes consistent with the permitted uses and purpose and intent statement of the district. .... 14.4.~ .i/immure )ard requirements. I. Front yard. 25 feet or one-half of the building height as measured from each exterior wall. whichever is greater. 3, Rear ~ard. 15 feet or one-half of the building height as measured from each exterior wall. whichever is greater. Sec. 2.2.15. General commercial district (C-4). 2.2.15.4.3 Minimum yard requirements. 1. Front yard. 25 feet p!ur, ^-~ c,,^, r ..... t, ~ c .... r~.,.~a;,,, · ,~,=-,k~"~" aver .'=n~ c~,,~, or one-half of the buildinp,, height, as measured from each exterior wall. ~hichever is greater. Rear yard. I5 feet or one-half of the building height as measured from each exterior wall. whichever is greater. Sec. 2.2.15¼. Heavy. commercial district (C-5). Words :-':"-':~ '&~',~g,~. are deleted, words underlined are added. 5 /? / 2.2.15-1'2.4.3 .Uinimum 3 ard requirements. Front ~ard. 25 feet, plus cae faa: t`cr each .*'cat ~.~'f buitdiag height o:er 50 feet or one-half of the buildina heiaht as measured from each exterior x~all. ~hiche~ er is ~reater. Rear var& Zero feet or five feet or one-half of the buildin~ heiaht as measured from each exterior x~all, whichever is greater. Sec. 2.2.16. Industrial district {1). 2.2.16.1. Purpose ami intent. The purpose and intent of the industrial district (I/is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Serxice and commercial acti,,ities that are related lo support manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automoti',e repair and hew,? equipment sales and repair are also permissible in the I district The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County gro~xh management plan. 2.2.16.2.1. Permitted uses. Agricultural set, ices (groups 0711. except that chemical treatment of soil lbr crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district. 072 I, except that aerial dusting and spraying, disease control for crops, spraying crops. dusting crops, and insect control lbr crops Iwith or v, ithout fertilizing) shall be a minimum of 500 feet from a residential zoning district. 0722- 0724. 0761. 0782. 0783). 2. .Apparel and other finished products (groups 2311-23991. 3. Automotixe repair, service, and parking (groups 75 I3-7549~. 4. Barber shops I~oup 72411. 5. Beauty shops or salons ( 7231 I. 6. Building construction (groups 1521-1542 ). Business services (groups 7312. 7313. 7319. 7334-7336, 7342-7389. including auction rooms (59991. subject to parking and landscaping for retail uset. Communications (groups 4812-4899 including communications towers up to specified heights, subject to section 2.6.35). 9. Construction--Special trade contractors (groups 1711-17991. 10. Depository and nondepositoo' institutions (groups 6011-61631. 1 I. Eating places (5812). 12. Educational services (8243--82491. 13. Electronic and other electrical equipment (groups 3612--3699). 14. Engineering. accounting, research, management and related Igroups 8711--87481. 15. Fabricated metal products (groups 3411 --3479, 3491--34991. senices Words :m:zk thrz'~:g.': ate delet~t, words underlined are added. 16. Food and kindred products ~groups 2011--2099 except slaughtering plants). 17. Furniture and fixtures I groups ;511--2599). 18. Gunsmith shops Igroup 7699) x~ith accessoD shooting range for testing and training except tbr outdoor shooting ranges. 19. Heavy construction Igroups 1611--1629). 20. Health sen'ices 18011 accessoD' to industrial actMties conducted on-site only). 21. Industrial and commercial machineD' and computer equipment (3511--3599). 22. Leather and leather products / groups 3131 --3199). 23. Local and suburban transit / groups 4 l 11--4173 ). 24. Lumber and xvood products {groups 2426. 2431--2499). 25. Measuring. analyzing, and controlling instruments: photographic, medical and optical goods: watches and clocks (groups 3812--3873). 26, Membership organizations (groups 86l 1. 8631 ). 27. Miscellaneous manufacturing industries (groups 391 I--3999). 28. Miscellaneous repair sen'ices {groups ~6.._-769 ) ,,vith no associated retail sales. 29. Motor freight transportation and warehousing (groups 4212. 4213--4225. 4_~6 except oil and gas storage, and petroleum and chemical bulk stations). 30. Outdoor storage yards pursuant to the requirements of section 2.2.15 ¢2.6. 3 l~_:4g. Paper and allied products (2621--2679). 32_..;.34-z_. Personal services I groups 7211-7219). 33___~_-~-. Physical fitness facilities {7991 34__~.:~_. Printing. publishing and allied industries (groups 2711--2796). 35_..~2-4-z_. Railroad transportation (4011. 4013). 36 -3--5_. Real estate brokers and appraisers (6531 37__~.3~. Rubber and miscellaneous plastics products (groups 3021,3052, 3053). 38~3-7~ Stone. clay, glass, and concrete products (groups 3221, 3251. 3253. 3255--3273.3275, 3281 ). __39.;'& Textile mill products (groups ."11--2221. 2298). 40~ggk. Transportation equipment (groups 3714. 3716..,,/_1. 3732. 3751 3761. 3764, 3769. 3792, 3799). Words :..'z":zk _'h..--:'_.:~~. are deleted, words underlined are added. 41_..~40: Transportation b~ air Igroups 4512--4581 except airports and flying fields). 42~44~. Transportation services (groups !731-4724-4783. 4789 except tockyards). 43~4&2. United States Postal Sen'ice 44.4-~ Welding repair 17692). 45~44:. Wholesale trade--durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). 4_6_644 Wholesale trade--nondurable goods (groups 5111 --5159.5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides. and pesticides shall be a minimum of 500 feet from a residential zoning district (5192--5199). 47_~4g. ,An3' other use which is comparable in nature xvith the foregoing uses and is othemise clearly consistent v, ith the intent and purpose statement of the district. Sec...2..8. lmmokalee Overlay District. IMMOKAL~ OVERLAY DISTRICT Delete this Map Words smack *&rc':g.~. are deleted, words underlined are added. 8 Nlap 1 A-mD IMMOKAI..EE OVERLAY DP~TRICT $.R. 29 COMMERCIAL OVERLAY SUB-DISTRICT (SR29COSD! Delete [his Map Words z .........."~.'~ are de eted, words underlined are added. 9 2.2.2g.7. I. Ma.p 2 ........................... ~ ..... map ......... and as described ~lcw: ~,~;-~ct~.u= ~lock,~. ~ :to-'cePark ,~-~ .......... c Lo*, ~ Block .L, ~o Boundaries of the district. The physical limits of the Immokalee central business district (ICBSD) are as shown on the official zoning atlas map of the subiect area.' and on the map below: Words :m:'zk -'2'--'e'~.:g.~. are deleted, words underlined ar~ added. IO Map 6 iMMOKALEE CENTRAL BUSINESS OVERLAY SUBDISTRICT 5~ ~ ':"~" ....... . .... 2,2.28.8 Main Street Overlay Subdistrict: Main Street Overlay SubdistricL special conditions for the properties identified in the lmmokalee Area Master Plan: referenced on Map 7; and further identified by the designation 'MSOSD' on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET OVERLAY SUBDIS'TRICT .I' .-},., ,, I .... :l; ' ~11 ~5 ~/~/?~N ,-I ~ Words .......... ~. are deleted, words underlined are added. ll 2.2.28.8.1 Purpose and intent. The purpose of this designation is to encourage development and redevelopment bx enhancine and beautifying the dox~nto~n Main Street area throuo, h flexible design and development standards. 2.2.28.8.2 .4pplicabilitv. These rezulations shall apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified bv the designation "MSOSD" on the applicable official Collier Count~ zoning atlas maps. 2.2.28.8.3 Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on map 7. the Main Street Overlay Subdistrict. all permitted uses within the underlying zonine dismcts contained within this subdistnct, and the l¥11owing uses are permined as of right in this subdistrict: 1_. Hotels and motels (group 7011). _.,._8.8.4 Permitted uses. For hatched properties within the Main Street Overla,~ Subdistrict. all pertained uses within the underlying zonine districts contained within this subdistrict, and the following uses are permitted as of fight in this subdistrict: All uses permined in the Commercial Professional District I C- 1 ). of this code, except for group 17521 ). _.,._88.> Prohibited uses. All uses prohibited within the underlxing residential and commercial zoning districts contained within this subdistnct, and the following uses. shall be prohibited in the Main Street Overlay Subdistrict: Automobile parking (group 7521) on all properties having frontage on Main Street. North First Street. South First Street and North 9~" Street within the Main Street Overlay Subdistrict. Automotive dealers (groups 5511. 5521. 5531 installation. 5551.5561.5571.5571.5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Gasoline service stations {group 5541) on ail properties having frontage on Main Street and gasoline service stations {group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. Primarx uses such as convenience stores and grocer', stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistnct. Automotive repair, services, parking (groups 7514. 7515, 7521) and carwashes Igroup 7542) on all properties having frontage on Main Street. North First Street and South First Street within the Main Street Overlay Subdistrict. Radio and television repair shops (group 7622 automotive) is prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Outdoor storage yards and outdoor storage are prohibited within any front, side or rear yard on all properties within the Main Street Overlay Subdistrict. Drive-through areas shall be prohibited on all properties having frontage on Main Street. North First Street and South First Street within the Main Street Overlay Subdistrict. Warehousing (grou¢ 4225 Words :~-~:k ~.~-~.=g.~. are deleted, words underlined are added. 4// 10. An'. other hear'r,' commercial use which is comparable in nature with the tbmoing uses and is deemed inconsistent bv the development services director with the intenl of this subdistrict shall be prohibited. 2.2.28.8.6 .4cce~'sorv users. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. ..... 8.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subiect to the standards and procedures established in section 2.7.4. and as set forth below: A.~_ Local and suburban passenger transportation {groups 4131 - 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. 2.2.28.8.8 Outdoor display amt sale o{merchandise. 1 Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: .3= The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the followine: 1= Vehicular and pedestrian traffic safetv measures. 2. Location of sale/display of merchandise in relation to parking areas. Fire protection measures. 4= Limited hours of operation from dawn until dusk. '3 Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights-of-way; 2. Vendor carts are located on sidewalks that afford the applicant a five foot clearance for non-obstructed pedestrian traffic: and 3. Limited hours of operation from dawn until dusk. ..... 8.8.9 Dimensional standards. Subiect to the provisions of this code. tbr each respective zonin~ district, except as set lbrth belay,': 2.2.28.8.9.1 Yard reqtarements. Maximum yard requirements. 1_= Front yard 7 or 10 feet. 2. Side yard. 0 - 10 feet. Minimum ~'ard requirements. 1_. Rear >,ard 0 or 5 feet. Abutting residential. 20 feet. 2.2.28.8.9.2 _ [ taximum height o£ structures. All structures shall be no more than 35 feet in height, except that hotel/motel uses shall be no more than 50 feet in height. //.4C0 / Words .......... ~,.. are deleted, words underlined are added. 13 ..... 8.8.10 Minimum off street parking and oil:street loading. As permitted by section 2.2.28.7. standards for parking within the irnmokalee Central Business District. and as set forth below: 1. Outdoor caf~ areas, shall be exempt from parking calculations. All properties within :he \lain Street O~erla~ Subdistrict. havino~ fronta2e on Main Street. First Street or Ninth Street are required, bx this subdistrict to locate all parking areas in me rear yard and/or in side yards. 2.2.28.8.11 Signs. 1_.:. .-ks required in division 2.5.. and as set forth below: Projecting signs are pertained in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above an,,' pedestrian way. Sandwich boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. 2.2.28.8.12 Commercial design guidelines. Subject to the provisions of division 2.8. ~'chitectural and Site Design Standards for Commercial Buildines and Proiects. except as set forth belo'a: Properties having frontave on Main Street or First Street or Ninth Street are required to locate their primary business entrance on that street. Parcels frontin~ both Main Street and First Street or both Main Street and Ninth Street are required to locate their primar>' business entrance on Main Street. Reflective or darkly tinted glass is prohibited on ground floor windows. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. Commercial projects 5.000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing proiects that do not increase impervious surface area and whose total building area is less than or equal to 5.000 square feet in size. the applicant shall be exempt from section 2.4.3.1. of the landscapine and buffering provisions, requiring the seal of a landscape architect and shall also be exempt from division 2.8.. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Proiects. requiring the seal of an architect. The minimum commemial design criteria, as set forth above, are not applicable to projects greater than 5,000 square feet in size. 2.2.28.8.13 Landscaping and buffering. Subject to provisions of division 2.4. of this code. except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses. except where otherwise prohibited bv this subdistrict: a. properties adjacent to residentially zoned tots/parcels shall provide a minimum 10 foot wide landscape buffer. 6 feet in height, with trees spaced no more than 25 feet on center:, b. a minimum perimeter buffer of 5 feet in width, with a single row hedge with trees spaced no more than 30 feet on center, shall be required for all properties; c. a minimum 5 foot buffer with at least two trees on each parcel, shall be required adjacent to all rights-of-way; d. lots/parcels that are unable to meet the above minimum landscape criteria. shall be required to provide landscape planters and.'or flov~er boxes for each such propem, as recommended bv the county landscape architect or countw planning director: and the minimum landscape buffering criteria, as set forth above, are not applicable to commercial projects greater than 5.000 square feet in size. Words :~-'-*,.& :.5.~ are deleted, words underlined are added. 14 SUBSECTION 3.C. AMENDMENTS TO OFF-STREET PARKING AND LOADING DIVISION Division 2.3., Off-Street Parking and Loading. of Ordinance 91-102. as amended, the Collier County Land Development ('ode. is hereby amended to read as follows: DIVISION 2.3. OFF-STREET PARKING AND LOADING See. 2.3.3. General applicability. Sec. 2.3.4. 2.3.4.1. 2.3.4.2. 2.3.4.3. 2.3.4.4. 2.3.4.1 t. Off-street vehicular facilities: design standards. Off-street parking facilities and other vehicular facilities, both required and provided, shall: Identification Be identified as to purpose and location when not clearly evident. SwT/acing Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well-graded condition. Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Driveways, handicapped spaces and access aisles shall be paved. W'hen the development sen'ices director determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts, the director may require that these parking spaces not be pa~ed. Upon approval of the development services director, a suitable material (limerock excluded) with a suitable stabilized subgrade may be substituted for the above materials. This section 2.3.4.2 shall not apply to single- family dwellings. Drainage and slope. Be drained and sloped so as not to cause any nuisance to adjacent property or to public property or rights-of-way. Such facilities must also be sloped to meet the provisions of the Americans with Disabilities Act. Lighting. Be so lighted, if lighted, as to shield streets and all adjacent properties h'om direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. Lightin~ shall conform to the applicable provisions of division 2.8. LocalionaI requirements. provided: o,n: ' ..... !cra not 'cruder the °"o,.,me ov, mer:,~,ip :: x~ lots on whic Words -'~--:k ~-:;:g.~. are deleted, words underlineO are added. 15 under se,?,:icn 2.3.!. ! !.5: :he :raffi': 'cirg'.-'!a:ia,~ element of the grc;;~h management TO: a`na.d/cr '.va:er related uses: Words ~-~'..::k ~.--~:g-~. are deleted, words underlined are added. 1'7 2.5.14.2. 2.3.!4.3. :wit*,en agrecm:nt with the county. never ~- Th: e'::ner cf the land upc. n ';.:hick .~uch rese. r':ed pa-king area is !acated agrees t`o 2.3.!&,!. 2.3. ! !.5. , ..... u ..... a;,: ...... k,, the bew.,-d of zoning appeal: dete,."mincz apprc, Friate '"4'~' a recammendatian cf apprc:'a!. Such canditicn,~zl may include pr`os%ich: of escr~:; Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set 1bnh below. Where stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (tums are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane ma.',' be reduced if the reduction is added to the other lane(s). Bank or financial institution I per 250 square feet on the first floor and t per 300 st feet on any other floors. Stacking for 6 4_ vehicles for each drive-up window no~ exceed a total requirement of 2-5 1.~5 ',chicles=- exclusive of automated deposit lanes which require no stacking. 2.3.16.1. Bicycle Parking for )4c,~ residential commercial Developments. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in section 2.2.16. but not to exceed a maximum of 15 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. A bicycle parking facility suited to a single bicycle ("parking space") shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of 1!5 inch Schedule 40 pipe, ASTM F 1083] bent in one piece ("bike rack") mounted securely to the ground [by a 3/8 inch thick steel base plate. ASTM A 36] so as to secure the bicycle, frame and both wheels. Each parking space shall have a minimum of three feet of clearance on all sides of the bike rack. Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot. lighted and located no greater than 100 feet from the main building entrance. Extraordinary. bicycle parking designs which depart from the bike rack stan,' but are consisten__! with the development's design theme shall be considert the county, architect. Bike racks which function without securing the frame, require the use of a bio?cie kick stand, or which may be freely reoriented are not allowable. SUBSECTION 3.D. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Words :~.:--.k thrr,;:g.h are deleted, words underlined are added. 26 Fhe planning sen'ices director may approve off-site parking on lots under the same ownership that are separated by a roadway that is not designated an arterial or a collector roadwax of greater than 2 lanes in the traffic circulation element of the qrowth management plan. A site dgvelopment plan shall be submitted to the director which indicates that: At least 67% of the required parking is on the lot with the principal structure: or The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or The off-site parking will serve a water dependent and/or a water related use or will only be used for valet parking. Off-site parking on lots under different ownership. The planning services director may approve off-site parking on contiguous lots that are under different ownership. A site development plan shall be submitted to the director which includes: A minimum ten-year lease agreement between the property owners, including a provision that if and when the lease expires, the properW owner requiring the off:site parking shall make other provisions /'or the required parking. The county attorney shall review this agreement for form and legal sufficiency. The petitioner shall record the lease in the official records of Collier County before approval of the site development plan; and At least 67% of the required parking is on the lot with the principal structure; or The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or The off-site parking will serve a water dependent and/or water related use or will only be used for valet parking. Parking exemption The board of zoning appeals, after review and recommendation bv the planning commission, may approve a parking exemption under the following circumstances: The permitted use and the proposed off-site parking lot are separated bv a collector or arterial roadway; The lot proposed for off-site parking is not zoned commercial; t-.; / Words .......... ~.. are deleted, words underlined are added. 19 street, excluding single-family and two-family residential dwellings and churches approxed under section 2.3.16. Dimensional slandards. 2.3.4.12. 2.3.4.12.1. Minimum aisle wictths. Minimum aisle widths shall be as follows: .4ngle oJ ~;sie '}Fidth .4isle U"idth Parking t Line. l~'ay } r Two- 11 Parallel i2 feet* 20 feet 30 degrees 12 t'eet* 22 t'eet 45 degrees 12 feet* 22 tket 60 degrees 18 feet 24 feet 90 degrees 22 feet 24 I'eet * Fire districts ma>' require these to be increased to 14 feet where an acute turning radius is present. The following iljustration is deleted: Words ...... ...~. are deleted, words underlined are added. 21 Sec. 2.4.7. 2.4.7.4. Minimum landscape buffering and screening between uses. F3pes ,-,/'buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Words :..~,::k ',.~.~,3,~. are deleted, words underlined are added. 28 Sec. 2.3.5. 2.3.5.1. 2.3.5.2. 2.2.5.3. 2.3.5.3.!. 2.3.5.2.2. Secondary parkingfi'om alley access. For an.',' nonresidential development which abuts an alley, a maximum of ten parking spaces, not to exceed 30 percent of the required parking lbr the proposed use. ma,',' be accessed solely from the alley. Said parking spaces shall be clearly marked and arranged in such a manner so that each parking space meets the minimum size required in section 2.3.4.12.2 of this code. Additionally. these space: shall be arranged in a manner which allows for full compliance '~xith an.,, reqmred landscaped buffer requirement. These spaces shall be for the exclusive use of employees and se~'ice vehicles and shall be clearly designated as such b) appropriate signage. ,~,~,; ............. k~, no:'n;,allv is not "-~-- the sarnc ownership leased ~arkin; ,..k ...... ~;*~ ~-'-; ......... ~s ......... k .... v;~, ^ ~;*~ development plan ,,,;,k M1 .............. T-, ..... pursuant to di;'izion 3.3: 2.3. Words :~.:~_ ~.m::Gl, ar~ deleted, wor'~ underlined arc added. 23 The letter listed under "Adjacent Properties District" shall be the landscape buffer and screening alternative required. The "-" svmbot shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses. is indicated bv the "*" symbol, and shall be based on the landscape buffer and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this code. the yard requirements of the subject zoning district shall apply. Buffering in agriculture (A) districts shall be applicable at the time of site development plan I SDP) submittal. _. Industrial (I) zoned property, where abutting industrial (I1 zoned property, shall be required to install a minimum five-foot-v~'ide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees max be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to `,'ehicular rights-of-way or nonindustrial zoned property. 3 Buffer areas between commercial outparcels located within a shopping center ma.',' have l~e a shared buffer 10' wide. This does not apply to fight-of-way buffers. ~ Buffer areas between interior lot lines of commercial parcels may be displaced to other locations as schematically shown in fieure 3. displaced commercial interior lot line landscaping. Approval shall be obtained from the plannin~ sen'ices director subject to the following conditions: The proiect is part of a unified plan of development as iljustrated by a master site development plan which includes all of the individual building; parcels which comprise the unified plan of development: and A.n agreement between all ovmers of the separate parcels is recorded in the public records of the county to the effect that there is a system of cross- access easements and that the entire parkine tot functions as a common parking lot; and (iii) All of the buildings share a common architectural and landscape theme; The land area non'nail',' associated v~'ith landscapin~ that will be displaced as a result of the elimination of some interior lot line landscaping will be proportionately added to other required interior vehicular use area landscaping. building perimeter plantings or perimeter buffering. Words :_'z'-: .... .-::g:. are deleted, words underlined are added. 2.3.5.7.1. 2.3.5.7.2. 2.3.5.7.3. Sec. 2.3.14. propc,u}. .... ~ requirements or o~.a;,:^-~ upon public .............. : ................. site development _t~. is .,,k_;.=a :c [the count'.,'] o.,~ ........ a in ..... '~ .... Words ....... ~-.:g.h are deleted, words underlined arc added. 25 Dixision 2.4.. Landscaping and Buffering. of Ordinance 91-102. as amended, the Collier Count,x Land Development Code. is hereby amended to read as folloxvs: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.4. 2.4.4.11. 2.4.4. I1.1, 2.4.4.11.2. 2.4.4.11.3. 2.4,4.11.4. 2.4.4.11.5. 2.4.4.11.6. 2.4.4.11.7. 2.4.4.11.8. .,.4.4.1, 2.4.4.12.1. 2.4.4.12.2. 2.4.4.12.3. 2.4.4.12.4. 2.4.4.12.5. 2.4.4.12.6. 2.4.4.12.7. 2.4.4.12.8. 2.4.4.12.9. 2,4.4.12.10. 2.4.4.12.11. 2.!.!.12.!2. Plant material standards and installation standards. Prohibited ~7~ecies. The £ollowing plant species shall not be planted: Enterolobium cyclocarpum lear tree). Melia azedarach (Chinaberry tree). Bischofia javanica (bishopwood). Scaexola frutescens IAustralian inkberryt. Dalbergia sissoo t Indian rosev~ ood). Sapium sebiferum (Chinese tallow tree). Ardisia elliptica (shoe button ardisia). Ficus microcarpac (laurel fig). This list shall be subject to revision as exotic plant species are determined to be noxious, invasi~e, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public ,aelfare. Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11. the tbllowing species or seeds thereof shall not be grovcn, offered for sale. or transported inter-county or intra-county. Melaleuca spp. (punk tree). Schinus terebinthifolius (Brazilian pepper). Any member of the family Casuarinaceae (Australian pine). Rhodomyrtus tomentosa (downy rosemyrtle). Dioscorea bulbifera (air potato) Colubrina asiatica (lather leaf). kygodium spp. (climbing fern). Syzygium cumini (Java plum). Mimosa pigra (ca(claw mimosal. Acacia auriculiformis (earleaf acaciai. Albizia lebbeck (Women's tongue). Ficu~ mizrecarpa (la~-~l fig). Words :~,::_ ~.r,m:gn are deleted, words underlined are add~l. 27 .5%/ 2.5.5.l.2. 2.5.5.1.3. 2.5.5.1.4. properties are limited to a maximum height of eight feet. or as provided within this code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. Minimum setback. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties shall not be located closer than 4-5- 10 feet/'rom the property line. unless othem'ise noted below or as provided for in section 2.1.13. Real estate sign. ~ he following signs classified as real estate signs shall be permitted in residential districts subject to the following: One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign. with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and ma.',' be placed up to the property line abutting a right-of-way. provided it is a minimum often feet from the edge of pavement. (No building permit required, t One ground sign with a maximum heitht of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. Oqo building permit required. ) One pole sign with a maximum height of-t-5 10 feet or wall "For Sale." "For Rent." or similar sign. with a maximum of 64 square feet in size. per street frontage for each parcel or lot in excess ten acres in size. Real estate signs shall not be located closer than -1-5 !9 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow' the location of the sign 44 I._Q0 feet from the property line. the planning setwices director ma.',' allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5o Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property, is no longer for sale; rent or lease: or. the model home is no longer being used as a model home. A sign advertising that a property has been sold or leased shall not be displayed for more than ~ 1.~..4 days after it is erected. Model home signs. One on-premises sign for model homes, approved in conjunction x~5th a temporary use permit in any zoning district not to exceed 32 square feet. Model home sign copy shall be limited to the model name. builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner (No building permit required.) Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: One ground sign with a maximum height of 6 feet or wall sign, with a maximum of four square feet in size, may be used as a construction sign ,/oTr-(.) / by the general contractor of the development or as a permit board, within' - ' - Words :~.':k ~-:',:gh are deleted, words underlined are added. b~ TABLE 23, TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Subject Propen?s District Use 1. Agriculture 2. Residential (E. RSF) single-famfl? 3. Residential (RMF-6. RMF-12, RMF-16t muhifamily 4. Residential tourist tRTI 5. Village residential 0. Mobile home (MHi 7. Commercial3'4 ~C-I, I'T, C-2. C-3. C-4. C-S); Business Park i BP) 8. Industrial2 II) 9. Public use ~P). communiD facilit.x ~CF), Golf Course Clubhouse. Amenit? Center I0 Planned unit de,,elopment (PUD 4d/acent Pro£erttes Distrtct B A A A B B B B D B B B A A2 A A * D I 1. Vehicular rights-of- 12. Golf course maintenance building 13. Golf course B B B B B Words ........ ~,.. are deleted, words underlined are added. 29 2.5.5.2.1. The Board or'County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. Signs within non-residential districts: Design criteria and u4-'ni/ied sixth plan. Where multiple on-premise signs are proposed for a single site or projedt, or in the case of a shopping center or multi- use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for bv the propert~ owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: Ia) Colors: (b) Construction materials and method: Architectural design: I d) Illumination method: Cop>' style: (f') Sign type(s) and location(s): and. conformance with the tbllowing: No wall si~n shall exceed 80 percent of the w'idth of the unitls) or the building occupied bv a business with a minimum often percent clear area on each outer edee of the unitts)or the building; All wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may var?.' from this Iocational requirement in scale with the anchor's tenant's larger primao,' facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan: and Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and~/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign. consistent with the provisions of division 2.5. of this Code {~ee '" ....... :~- ~'~ ~'~' .... ~ Words ~ are d¢lemd, words underlined are added. 34 C, E-- L~.SEE) CS, M M =~C,,.-L ' -:':'OR ;"T ' "' SHARE:) 10' WOE LANDSCAPE DUi=ER Il ~ETWEEN OU"PARCEL AND SHOPm~NG ':HARED 10' I~DE Li. II~I,.i/ ':ENTER. ~ _ANDSCAPE BU F'F~R ',, 5 E T'~EN OUT'PARCELS. ~ PARCEL C ~ '~OINT ACCESS PARK:NO BE-~EN A PARCEL AND A PARENT -RAST NO'rE ~'"E ~EDuIRED SQUARE rOCT AREA OF SHARED rN"ERIOR LOT LINE _ANDSCAPE 3U~R BEEN DISPLACED AS AE)0~T~ONAL ~NOSCAPING iN ~E FOLLO~NG LOCA~5: N~RIOR '~H:CULAR USE AREA, ~U~LD~N0 ~ER~ME~R PLANING ~REA AND ~E~IME~R _ANDSCAPE BuF~RS SUBSECTION 3.E. AMENDMENTS TO SIGNS DIVISION Division 2.5. Signs. of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.1. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 2.5.5.1.1. Development standards. 1. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned Words :-':'.::k '..~.:::;.~. are delctecL, words underlined arc added. 31 2.5.5.2.3. automobile seB'ice stations and outparcels which are limited to a maximum height of 8 feet: the maximum heieht for director,,' signs is limited to 20 feet. ~:'-~" c .............. , ~^~ ~: ...... ~. .... :~ ..... ;.q~ c ....:,~:~ ,~: ....... ;~ Height shall be measured from the lowest centerline grade of the nearest public or private R.O.~'. or easement to the uppe~ost pomion of the sign structure. Minimum setback. All pole or ground signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than ~ I0 feet from the property line. Directory signs shall not be closer than 15 feet from the :-open',' line. unless otherwise noted below or as provided for in section 2.1.13. Maximum allov,'able sien area: 80 square feet tbr pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. 60 square feet for outparcels and automobile service stations and 150 square feet tbr directory signs. The location of all permanent pole. ground and directoD-signs shall be shown on the landscape plans as required by section 2.4.4.17. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign. and such sign structure shall be considered as one sign. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and a'~av from an,,' right-of-way. Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: One ground sign with a maximum height of 10 feet or wall "For Sale." "For Rent." or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground sign with a maximum height of I0 feet or wall "For Sale," "For Rent." or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One ground sign with a maximum height of 44 IO feet or wall "For Sale." "For Rent." or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. Real estate signs shall not be located closer than 4-5 I_.Q0 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 44 10 feet from the properts' line. the planning services director may allow' a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. Real estate signs shall be removed when an applicable tempor~, use permit has expired, or within seven days of an.,,' of the following conditions: ownership has changed: or. the property is no longer for sale,,/c,~c' -) / rent or lease. Words s~ are deleted, words underlined are added. 36 each front ?ard lbr each parcel less than one acre in size. INo building pemm required.) One ground sign with a maximum height of 8 feet or v, all sign. with a maximum of 12 square feet in size. max' be used as a construction sign by the general contractor of the de',elopment or as a permit board, within each front yard for each parcel one to ten acres in size. {No building permit required.) One pole sign with a maximum height of-l-g-_ 10 feet or wall sign, with a maximum of 64 square feet in size. may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess often acre in size. One ground sign with a maximum height of 6 feet or wall sign, with a maximum of four square feet in size. may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. tNo building permit required. ) 2.5.5.1.5. Residential directional or identification signs. Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the planning services director, or his designee. Such signs shall only be used to identil¥ the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These signs may be cjustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet. Such cjustered signs shall require a building permit. For signage to be located a~cne along the Golden Gate Parkway see division 2~2. section 2.2.21.1 and 2.2.21.6.2. 2.5.5.1.6. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall residential entrance or gate signs ma3' be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a I0 -14-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. The ground or wall signs shall not exceed a combined area of 64 square feet. and shall not exceed the height or length of the wall or gate upon which it is located. 2.5.5.1.7. Conditional uses within the residential and agricultural districts. Conditional uses within the residential district are permirted one wall sign with a maximum of 32 square feet. Comer lots are permitted two such wall signs. Conditional uses within the agricultural district in the urban area. residential and estates districts with a street frontage of 150 feet or more and a land area of 43.560 square feet or larger are permitted a ground sign with a maximum height of 8 feet '::it~ and a maximum area of 32 square feet. Bulletin boards and identification signs lbr public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No building permit required.) //t:~(.~) Words ......... ~,,. are deleted, words underlined are added. 33 _-:.2.5.5.2.5. l~l. 2.5.5.2.5.2. ......................................... ar pedestriana, un!cas The minimum !5 lc, et setback requirement ma.~ be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. Hov~ever in no case shall the required setback be reduced to less than 5 feet. The planning services director's decision to reduce the required ~ foot setback shall be based on the tbllowing: a) Where it can be demonstrated that x~ithin the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be ~,~.~..i,~ened to the extent that reduction in the required setback will ~sult in the sign being any closer than 30 feet to the edge of pavement: b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required ! 5 fa,or setback will have a deleterious effect on the safe~' of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress: c) Where due to the nature and location of existing landscape features ancb'or specimen trees, it would be prudent to allow Ibr a reduction in the required setback so as to most appropriately locate the sign structure; or. d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. p,; .....~g~, ~c way or ........ '~ ~vv ........ z:gn Wall, mansard, canopy or awning signs. One wall. mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or/bt each establishment in a multiple-occupancy parcel. End units within shopping centers. or single occupancy parcels where there is double frontage on a public right-o/: way, shall be allowed two signs, but such signs shall not be placed on one wall.--t~ ........... ~ ........ '~ '~ -:~-~ Retail businesses with a floor area of larger than 15.909 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. Words ~-'-:':k -a:..-c~gh are deleted, words underlined are added. 38 llh~trnlion 16 (Iljustration 16 has been deleted) 2.5.5.2.l.2. The sign shall not be in the shape of a logo and the logo shall not protrude from the sign. L~ The use of fluorescent colors is prohibited. Outparcels.. In addition to the above requirements,u.,:.:.~"'n~'4 sIgns' plans Ibr outparcels, regardless of the size of the outparcel, shall be limited to the tbllox~ ing: (a) ^c ......... n ig use In addition to any ,,vail signs permitted by this Code. outparcels may by allowed one additional sixty square feet wall sign ricing the shopping center if the additional sign is not oriented towards any public fight-of- way. In no case the number of wall signs for an outparcel can exceed 2 signs; and, (b) A single ground or pole sign for outparcels having a frontage of 150 feet or more. not to exceed 60 square feet. Monument signs shall be limited to 44_ 8__t'eet in height. accomp~ied ~-'~: a ,,_:g~4~,,,,~ o,~,,~;~ v,-,-~ far the building or project uhe sign acce:zo~., rcquestz far pe~its, whether c~,.~, a new o.~ .............................. Development standards. Maximum allowable height. All pole or ground signs within non- residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an medal or collector roadway and 12 feet for all/~/~r.)/ other roads, except as provided in this Code for pole or ground signs for Words ~r,::, ...... ~,.. are deleted, words underlined are added. 35 A sign advertising that a property has been sold or leased shall not be displayed for more than :?~ 1._~_4 days after it is erected. Construction signs All supports for such signs shall be securely' built. constructed, and erected and shall be located on the site under construction and no closer than 4-5 I_.Q_0 feet from any property line. and subject to the following: One ground si_on with a maximum height of 10 feet or wall sign, with a maximum of 12 square feet. may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) One ground sien with a maximum height of 10 feet or wall sign, with a maximum of 32 square feet in size. may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size. (No building permit required. ! One pale uround si~n ~'ith a maximum height of 4-5 10 feet or wall sign. with a maximum of 64 square feet in size. may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of t 0 acres in size. One ground or wall sign, v, ith a maximum of 4 square feet in size, may be used as a construction sign b.~ each contractor, lending institution, or other similar company involved v, ith the development, regardless of parcel size. iNa building permit required }. A. II construction signs must be removed prior to the issuance ora certificate of occupancy. 2.5.5.2.5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be alloy, ed in all nonresidenlially zoned districts subject to the restrictions belay,': Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or twa ground signs. Additional pole or ground signs ma.,,' be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of Ix)la or ground signs exceed two per street frontage, in addition, muhiple-occupancy parcels such as shopping centers, office complexes. business parks, or industrial parks containing 25.000 square feet or more of gross leasable floor area. and eight of more independent businesses will be permitted one directo~' sign with a maximum size of 250 square feet for a single entrance on each public street. When an.,,, director5.' sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of 4 and a maximum of 8 tenant names. The name of businesses located on outparcels shall not appear of directop,' signs. c~.~.~vo. ~ q feet from any prc. pe.-'ty, .... _o. ~ ..... v ........ ~ ........ :. Words ~ .~.':k ~.~..m--~k are deleted, words underlined are added, permit shall be as adopted by resolution bv the board of county commissioners. A cash bond in the amount of $500.00 shall be posted with the Collier County Development Services to insure adequate clean up and removal of all political signs installed under the said permit. This bond is not intefided to replace the applicant's responsibiliv?' to remove all political sio_ns irtstalled uitder the said permit. The Collier County Development services sh~.ll.retum such bond to the permitee if all signs for the candidate or the issue for which the permit was issued is removed within seven daw after thie election. In the case of non-compliance with the requirements 6f this Code. the money in its entirety will be used by the Development Se~'ices to take corrective actions. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size. and shall not be located closer than five feet to any property line. Political signs placed within reside~ial districts shall require written permission from the property owner.~ Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 32 square feet per sign. and shall be located no closer fhan 4-$1_9_0 feet to any property, line. The number of such signs shall be limited to on.._~e t;v~ signs for each lot or parcel per bulk permit issued for each candidate or issue. All supports shall be securely built, constructed and erected to conform with the requirements of this code. The maximum height of any political campaign sign or poster, except those that ma.~ be affixed to a wall. shall be limited to eight feet. Political signs shall be erected not more than 60 4_~_5 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. 2.5.5.2.5.8.3. Special events signs A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary, uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 4-5 10 feet to any property line. Such signs shall require a building permit. 2.5.5.2.9. 2.5.5.2.5.9.1. 2.5.5.2.5.10. Special purpose signs ~on-gite). Due to the unique and varied nature of the following uses. additional ~igns may be required to provide the desired level of service to the public. Spec.iai purpose signs shall be permitted as follows: Time and temperature sign's.. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zgned propenT. Such signs may be affixed to the structure of a pole or ground sign..Such sign shall require a building permit. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, fo.ur fee.t in height, and located internal to the subdivision or development and with a minimum setback afl0 -14 feet, may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign sha![ 0nly be used to identify the location or direction of approved uses such as sales centerg, information c~nters, or the individual components of the develop~nent=_. _Ddirectional or identification signs maintaining a common architectural theme maybe combined into a single sign nt,~ to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2. sections 2.2.~1.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Words ~ are deleted, words underlined are added. The max;mum allowable display area for signs shall not be more than 20 percet'~ ~,f the total square footage of the visual facade of the building to which tile sign will be attached and shall not. in an.,, case, exceed 150 square feet for buildings or units up to 24.999 square %et. 200 square feet Ibr buildings or units between 25,000 and 59.999 square feet and 250 square feet for buildings over 60.000 ~ square feet in area for =n;,' sign. 2.5.5.2.5.3. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. Projecting signs shall not project more than four feet from the building x~all to which it is attached. Projecting signs shall not extend above the roofline of the building to which it is attached. Projecting signs shall not project into the public right-of-way. Projecting signs which project over an5' pedestrian ,a'a.,,' shall be elevated to a minimum height of eight feet above such pedestrian way. qq 54 Under-canopy signs. In addition to any other sign allowed by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet aboxe finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2.5.5.2.5.5. Signage for automobile sen'ice stations: The followings are the only signs allowed in automobile ser~'ices stations and convenience stores with gas pumps. Window signs_.' ~"~" ' ~' .... ;"~ the building ~,~a .... u ....of pe..wni~ed as allowed in section 2.5.6.13 of this code. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting~ ~d back lighting and accent striping ar_&e is prohibited on canopy structures. ...... e ...... v ..................... c One ( I ) ground sign shall be permitted tbr each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area ¢0 60 square feet. lllmninated a S_ignage, logos, advertising and information are prohibited above gas pumps. 5. Wall signs: As allowed in section 2.5.5.2.5.2. of this code. 6. Signs: As allowed in section 2.5.6.2. of this code. 2.5.5.2.5.8.1, Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: Prior to the erection, installing, placing, or displaying of a political siun a bulk temporary permit shall be obtained. The permit number shall appear/a'( on every sign or on the pole supporting the sign. The fee for said bulk Words :,mack '&-c:g.~. are deletv~[, words underlined are added. 39 Loeos shall not occupy more than 20 percent of the directional sign area when the said sien is more than six square feet in area. Directional signs are also subject to restrictions of section 2.5.6.2. of this code. 2.5.5.2.5.11. On-premise signs within agricultural districts in the rural agricultural area designated on the/uture land use map o[ the growth management plan . On- premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier Count) zoning ordinance only, and subject to the lbllov, ing restrictions: ........ 5.11.1. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area tbr each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet. and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.5.11.1.1. On premise signs within al~ricultural zoned districts in the urban area shall comply with the requirements of section 2.5.5.2. of the land development code. 2.5.5.2.5.11.2. Seasonal.farm signs ton-site; One temporary pale ar ground sign, with a maximum height of I0/bet, and located a minimum of 10 feet from any propertT line, public or private right-of-way or easement, identifying the farm, farm organization, entrance, or gate not exceeding 40 32 square feet in area. This sign shall be used to identify temporau., agricultural offices so as to expedite the exportation of crops to various parts of the count5'. Such signs shall be permitted tbr a period not to exceed 30 days and ma',' be issued only twice in any calendar )'ear. Such signs shall require a building permit. 2.5.5.2.5.I 1.3.U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The maximum allowable sign area lbr each U-Pic sign shall not exceed 32 square feet in area and a maximum height of 10 feet. and shall be located a minimum of-l-5 l._O_0 feet from any property line. public or private right-of-way or easement. 2.5.5.2.5.11.4. 2.5.5.2.5.12. }Vall. mansard canop) or a~,ning signs within agricultural districts. Wall, mansard, canop) or awning signs shall be permitted within agriculturally zoned or used property, lbr agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: One wall or mansard, canopy or awning sign shall be permit'ted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined 1br the purpose of placing the combined area on one wall. lhe maximum allowable display area for any sign shall not be more than 20 percent of the total square tbotage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. O/f-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if the following requirements are met: Off-premises directional signs shall only be permitted in nom'esidentially zoned, or agricultural districts. No more than two one sided or one double sided off-premise directional signs shall be permitted, identil},.'ing the location and nature of a building, structure, or use which is not visible i'rom the arterial roadway serving such building, structure, or uses. provided: a. Each sign is not more than 12 square feet in area. Words :~-':k L~.~::g.~ are deleted, words underlined are added. £.6.35.1. Purpo~e and intent. This section applies to specified communication towers that support an.',' antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or micro,~ave transmissions. This section sets standards for construction and facilities siting: is to minimize where applicable adxerse visual impacts of towers and antennas through careful design. siting and vegetation screening: to avoid potential damage to adiacent properties from tower failure: to maximize the use of specified new communication towers and thereby to minimize need to construct new' towers: to maximize the shared use of specified tower sites to minimize the need tbr additional tower sites: and to consider the concerns of the Collier Mosquito Control District Count:,' mesquite control district as to low riving mosquito control aircraft safety. 2.6.35.5.1. Shared use plans. Each shared use plan shall be in a standard format that has been approxed bv the county administrator count;' manager. Each shared use plan shall speci~ in detail to what extent there exists tower and,'or site capacity to accommodate additional antennas and/or additional towers, ancillau- equipment and accesso~' uses. Available antenna capacity on a tow-er shall be stated in detailed clearly understandable terms, and ma,, be stated in equivalent fiat plate area and total additional available transmission line capacity. The tower o~aner Ias to tox~er shared use planst and the landowner ~as to site shared use plans) shall update its respective approved shared use plans bF' promptly filing pertinent update inlbrmation with the county manag:r administrator. Owners of old towers an4or old sites may file shared use plans in accord with this section. Reservation of capacio'. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specie' the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely pre~ent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserxed for the owner or anyone else unless approved in the shared use plan. If an antenna is not installed b~ the scheduled deadline, the reserved space shall automatically be rendered available for use by others unless the shared use plan has by the deadline been amended with the approval of the count)' manaaer administrator. Deadlines ma)' be extended even if the tower is a noncontbrming structure. If space has been reserved in a shared use plan for future additional antenna use by the tower ovmer and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availabilitS' of such space. Reservation of site capaciO,. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. Protection ~/' nonconformiO,. As an incentive to promote the filing of shared use plans, old towers, whether or not conforming, and new towers and/or tower sites that are conforming at the date of approval of the initial shared use plan ancL/or anv amendment thereto ma)' proceed in accordance ~ith the approved plan irrespective of the fact that the tower and/or tower site is then nonconforming. The intent of this provision is to grandfather towers and/or new tower sites against a nonconforming sums to.the extent that future capacity, including accessory, structures, is provided for in the shared use plan. If the initial shared use plan or amendment to a shared use plan requires approval of the board of county commissioners and it appears that the site is threatened to become nonconforming for the intended use. the pending nonconformity ~'ill be a material element in deciding whether to approve or deny the application for the shared use plan or amendment. Notwithstanding anything to the contrars' in any Collier CormW ordinance. any then nonconlbrming tower that is destroyed by any means to an extent Words ~ack t?..-~"g,~, are deleted, words underlined are added. 54 2.5.6.9. .... 6.10. 2.5.6.11. 2.5.6.12. 2.5.6.13. 2.5.6.14. 2.5.6.15. 2.5.6.16. 2.5.6.17. 2.5.6.18. 2.5.6.1~. 2.5.6.21. Sec. 2.5.7. 2.5.7.1. Bulletin boards and identification signs tbr public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. Signs located on fences or ~alls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size. per sign. Signs shall be oriented along the fence or.wall to face the field/~ or playing area. and ax~a~ from any adjacent public or private roads. Traffic control and safety signs or other municipal, county, state or federal signs. legal notices, railroad crossing signs, danger signs and such temporary, emergency signs when erected by an appropriate authority. Windov, merchandise displays which are changed on a regular basis, meaning no less frequently than ever,' 30 days. Non-electrical, non-illuminated and non-reflective --~window signs not exceeding 25 percent of each window area. Signs located at the entrance drive of residences located upon" .... -acre lots or greater, displaying the name and address of the resident and not exceeding four square feet in area. Flags. or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finish grade or extend more than ten feet from any building the> are attached to, are allov~able if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 2.5.7 of this code. Religious displays that do not constitute advertising. Painting. repainting or cleaning without modif>'ing the existing sign copy or design of an advertising structure, or changes which are determined by the planning services director to be less than a substantial improvement. Cop.',' changes for shopping center, theaters, billboards or marquees that have routine changes of copy. or are specifically designed for changes of cop5. One ground or v~'all sign ma,,,' be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acres in size Temporary signs in conjunction with an approved temporary use permit. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this code. The following signs are expressly prohibited: Signs which are in violation of the building code or electrical code adopted by Collier County. Abandoned signs. Words s~ are deleted, words underlined are added. 43 2.5.7.18. 2.5.7.19. ~ Beacon li,.zhts. An',' sie;n which re emits audible sound, x apor. smoke, or gaseous matter. 2.5.7.20. 2.5.7.21. 2.5.7.22. 2.5.7.23. 2.5.7.24. 2.5.7.25. Any sion which O obstructs, conceals, hides, or othem ise obscures from view an,',' official traffic or gox emment sign. signal, or &',ice. .An,,' sb, n which re emplo.~ s motion, has visible moving parts, or gives the illusion of motion lexcluding time and temperature signs}. An`,' sign which J, is erected or maintained so as to obstruct an,',' firefighting equipment, windo,,v, door. or opening used as a means of ingress or egress for fire escape purposes including an5 opening required for proper light and ventilation. An',' sign which C-- _constitutes a traffic hazard, or detriment to traffic safety by reason of its size. location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. Signs mounted on a xehicle, be it the roof. hood. trunk, bed. and so on, where said sign is intended to attract or ma> distract the attention of motorists for the purpose of advertising a business, product, sen'ice, or the like. whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs. and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation ora business, and which are not otherwise prohibited by this code. It shall be considered unlawful to park a vehicle ancL:or trailer v, ith signs painted, mounted or affixed, on site or sites other than that at which the finn. product, or service ad','ertised on such signs is offered. Any sign which [-:uses flashing or revolving lights, or contains the words "Stop," "Look." "Danger." or any other ~ords. phrase, symbol, or character in such a manner as to interfere with. mislead, or confuse vehicular traffic. 2.5.7.26. An.'.' sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as othemise provided for within this code. 2.5.7.27. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by temporary, permit pursuant to the time limitations set forth herein. 2.5.7.28. Inflatable signs. 2.5.7.29. Accent lighting as defined in this code. 2.5.7.30. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside Sec. 2.5.8. Termination of prohibited signs. All signs expressly prohibited by section 2.5.7. and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collier Count.~ Code Enforcement Director. or his designee, or. within 30 days of the end of the amortization period contained in section 2.5.9. or. in the alternative, shall be altered so that they no longer violate section 2.5.7. Billboards with an original cost of $100.00 or more. and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 2.5.9.3. Sec. 2.5.9. Nonconforming signs. Existing signs not expressly' prohibited by this code and not conibrming to its provisions shal'{~c'j / regarded as nonconforming signs. Words :=".:':k '..~,rz"g.~. are deleted, words underlined are added. 45 2.6.35.6.6. including separate requirements and shared use provisions. Tow-ers that exceed those specified maximum heights require variance approval in accordance with section 2.7.5. All commercial and industrial zoning districts and urban designated area ar, ricultural zonino~ districts: An.', tov~'er up to 75 feet in height is a permitted use provided the base of such tower is separated a minimum distance of 75 feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6. ILMF-6. RMF-12. RMF-16. RT, VR, MH. TTRVC. or PUD permitting six residential dwelling units or less. Any tower that exceeds 75 feet in height up to a height of 185 feet is a lau, aqal use only if permitted or otherwise provided in the respective zoning district and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6. RMF-6, E, RMF-12. RMF-16. RT. VR. MH. TTRVC. or PUD zoning of six residential dwelling units or less. by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minimum separation distance is 2 1/2 times the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5. Agricultural zoning districts within the rural designated area: Towers not exceeding 280 250 feet. 3_.4~ All agricultural zoning districts: No tower that exceeds 250 _-3-80 feet in height exclusive of an',' antenna affixed thereto shall be allowed on an',' site comprising less than 10 ~ acres under common ownership or control except such toxvers can be approxed as a conditional use on sites of less th~ 10 ~ acres if v.=v~o~a ~..~: .... -.~ the applic~t ca~ot with economic legibility acquire title to or control of a suitable tower site of at least I~ ~ acres in the required geographic vicinity of the proposed tower site. With the exception of rooftop towers and towers on essential services sites, each next' communication tower shall meet the following separation requirements: Each new tov~er that exceeds 185 feet in height shall be located not less than 2.5 times the height of the tower from all RSF-I through RSF-6. and RMF~6 zoning districts including planned unit developments (PUDs) where the adjacent use(s) is/are, or comparable to. RSF-1 through RSF-6 and ILMF-6 zoning districts. If a part of a PUD is not developed and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six units per acre or less. it shall be presumed that the PUD area nearest to the proposed site v~511 be developed at the lowest density possible under the respective PUD In addition, each such new tower that exceeds a height of 75 feet excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16. E, RT. VR. MH. TTRVC. H. and the residential areas of PUDs with existing or planned densities greater than six units per acre by not less than the total height of the tower including its antennas: and from all other surrounding property boundaries by a distance not less than one-half the height of the tower and its antennas, or / the tower's certified collapse area. whichever distance is greater. Words .......... e-. are deleted, words underlined are added. 56 2.5.10.1. 2.5.10.2. 2.5.10.3. Structurally or mechanically extended or altered to further the nonconformity, except in cases x~ here it has been determined that there exists imminent danger to the public safety. Repaired or rebuilt when destro5 ed or damaged to the extent of 50 percent or more of its replacement value, except in con~brmitv with this code. A nonconforming permanent on-premises or off-premises sign shall not be replaced by another nonconforming sign except that substitution or interchange of letters, on noncontbrming signs shall be permitted through the period of noncontbrmit.', established by this code. 2.5.10.4. Continued in use ;then any land use to which the sign pertains has ceased for a period of 90 consecutive days. or has otherwise changed. 2.5.10.5. Nonconforming status shall not be afforded to any sign erected without the required permit issued by the county, stale, or any federal agency either before or after the enactment of this code. or to an> pre-existing signs which have been illegally installed, constructed, placed or maintained. 2.5.10.6. In the case of sign which would be permitted by. and conform to. the regulations of this code. except that such signs violate the maximum height, minimum setback from a property line. maximum sigr area and other similar development standards, the planning sen'ices director, or his designee, ma? approve structural alterations upon written request, provided the sign and or supporting structure is redesigned so as to remove one or more of the nonconforming aspects of the sign. Sec. 2.5.12. Permit applications. 2.5.12.1. Genera! Any person wishing to erect, place, rebuild, reconstruct, relocate, alter. or chance change the sign cop.'.' (see section 2.5.5. for exceptions} of any sign shall apply for and receive a building permit in accordance with Resolution 91- 642. prior to the commencement of any work. A building permit will be issued by the community development sen'ices administrator, or his designee, provided that all permit requirements of the code and all other applicable provisions of Collier County's ordinances and regulations have been met. 2.5.12.2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3. Form. Ever},' application for a building permit shall be in writing upon forms to be furnished by the community development and environmental services administrator, or his designee. 2.5.12.4. Application contenls. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or ch-~nc.c change the sign copy of any sign under the provision of this code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: 2.5.12.4.1. 2.5.12.4.2. The name. address and telephone number of the: (a) owner and lessee of the sign and {b) sign contractor or erector of the sign. The legal description and the street address of the property upon which the sign is to be erected. 2.5.12.4.3. 2.5.12.4.4. The dimensions of the sign including height. The copy to be placed on the face of the sign. Words ~ are deleted, words underlined are added. 47 h_. Legal descriptions: Identification of the entities providing the backhaul network for the tower(s)~ A description of the suitability of the use of existing towers and other structures located within the applicable search radius; and A map of the proposed coverage area and a propagation study contrasting the proposed tower and tower site versus use of other tow'er structures and sites within the effective radius. Amendments. Additional towers, tower sites, buildings and accessory facilities on-site shall also require an amendment to the approved site plan. 3. Exemptions. The followine are exempt from division 3.3: Ground-mounted amateur radio towers that do not exceed a heir, hr of 75 feet excludint~ antennas; Ground-mounted antennas and receive-only dishes that do not exceed a height of 20 feet above natural grade. 2.6.35.6.26. .-tdditional findings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this code, the follovdn~ additional findings shall be made bv the Collier County planning commission when considering such applications: The applicant must demonstrate that the telecommunications tower/antenna must be located where it is to ser-ce the company's system and service area and that sharing capacits.' is unfeasible or unreasonable as to existing towers. Evidence must be provided w'hich considers the lbllowing: Proximity of all nearbv towers located within the effective radius and whether or not they provide sharing of facilities. If true, existing telecommunications towers and structures located within the effective radius are not of sufficient height for the proposed tower's service area. Such evidence must be certified bv an appropriate professional engineer certified to practice in the state of Florida. Existing towers and structures located within the effective radius are not of sufficient structural strength to support the applicant's proposed antennas and related equipment. Such evidence must be certified by an appropriate professional engineer certified to practice in the state of Florida. Sharing would cause electromagnetic interference with either the applicant's communication system or with existing communication systems. Such evidence must be certified by an appropriate professional engineer certified to practice in the state of Florida. Costs to share an existing tower or structure or to adapt an existin~ tower or structure for sharing are unreasonable. Fees and costs which exceed the costs to design and construct a new/~,~c',, telecommunications tower shall be presumed to be unreasonable. Words :~::~ g=v=~, are deleted, words underlined are added. 58 not in compliance with the provisions of this code. is improperly maintained, or which v,'ould constitute a hazard to the public health, safer3, and welfare. SUBSECTION 3.F: AMENDMENTS TO SUPPLEMENTAL REGULATIONS DIVISION Division 2.6.. Supplemental District Regulations. of Ordinance 91-t02. as amended, the Collier County Land Development Code. is hereb3 amended to read as tbllows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.2. .Accessory buildings and structures. 2.6.2.4. Canop~, Tents / Shades. Canopy tents/shades shall be permitted in residential and estates zoned areas in accordance with the side and rear setbacks for the applicable zoning district. These structures are expressly prohibited on the street side of the front ~xall of anv structure or building in a residential zoning district, including estates zonm~. A building pemfit shall be obtained for these structures accompanied by a plot plan and is limited to one structure per residential lot with a principal structure. These structures shall consist of metal poles supports with canopy tops and no sides. The maximum size of these structures shall be 300 square feet, not to exceed l 5 feet in height. The use of these structures shall be for the storage/parking of recreational vehicles, vehicles authorized in residential areas, and as a sun shade for outdoor recreating. At no time shall these structures be used for any other type of storage or be permitted with electrical or other utility connections. Sec. 2.6.4. Exceptions to required yards. 2.6.4.1.10. In commercial, industrial and multi-family residential developments, gc_arports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers, as required by this code: and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the code requirements to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by a site development plan amendment or a site improvement plan approval. 2.6.4.3. Minor improvements to legal nonconJorming structures located within a residential zoning district. Sec. 2.6.21. Where a structure ~as lawfully permitted within a residential zoning district under a previous code, and where said structure is considered nonconforming under the current land development code due to changes in the required front, side or rear yards, the site development review director may administratively approve a variance for an amount equal to or less than the existing front, side an&'or rear yard encroachment. Canopies, windowsills or other projections as provided for within section 2.6.4.1 shall not be used in the calculation of existing front, side ancb'or rear yard encroachments. Dock facilities. _.6._1 ..:. 1. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses. Platted waterway width,, where available, shall be considered true v~aterwav width for the purposes of this section. For 10ts on a canal ar waterway that is 100 feet or greater in width, no boathouse. dock facility;boat combination shall protrude more than 20 feet into the waterwa3)./,..~C'.) / (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). Words :,.~z:~ ~_~--g,~, are deleted, words underlined are added. 49 2.6.21.3.2. Whether or not the ~tater depth where the proposed dock facility is to be located is sufficient to allox~ for safe :,~ooring of the ',esset, thereby necessitating the extension request. \Vhether or not the proposed dock facilitx and moored ~essel(s) in combination may have an ad',erse ~mpact to navigation within an adjacent navigable channel. 2.6.21.3.4. \Vhether or not the proposed dock design and moored vessel protrude greater than ~ percent of the ~idth of the ..... ;~,t,~ ..... ~ . , , ....... ~ .......... v, atenaa,~ greater than 20 feet for boathouses, and whether or not a minimum of 50 percent of the planed c~-nal width of the wate~av between dock structures;moored vessel(s) on the opposite side of the canal ,,~atemav is maintained in order to ensure reasonable waterway widt~ for navigabilit.~. 2.6.21.3.5. Whether or not there are special conditions related to the subject property or x~ater,~ay which justit}, the proposed dimensions and location of the subject dock. _.6._ 1.3.0. x,\'hether or nol the proposed dock is of minimal dimensions necessary in order to adequatel? secure the moored vessel while providing reasonable access to the boat for routine maintenance, without the use of excessive deck area. 2,6.21.3.7. Whether or not the proposed structure is of minimal dimensions to minimize the impact of the view of the waterway by' surrounding property owners. 2.6.21.3.8. _,6._ 1 ..).9. Whether or not the proposed vessel is in excess of 50 percent of the length of the water frontage such that the addition of a dock structure will increase the impact on or negativel5 impact the view of the waterway by surrounding property Or, hers. Whether or not the proposed location and design of the docL'vessel combination is such that ~ i_t ma5' infringe upon the use of neighboring properties, including an5 existing dock structures. _.6._ 1..).10. Regarding existing benthic organisms in the vicinit.~ of the proposed extension. Whether or not seagrasses are located within 200 feet of the proposed dock: and _.6._ 1 .o,11. tb) Whether or not the proposed dock is subject to the manatee protection requirements of this Code (section 2.6.22). If deemed necessar5 based upon review of the above criteria, the planning commission ma> impose such conditions upon the approval of an extension request it deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to. greater side setback(s), provision of light(s), additional reflectors, or reflectors larger than four inches, and prohibiting or permining mooring on the outside of the dock facility. Sec. 2.6.33. Temporal' use permits. _.6._'_ .4. 3.Iodet homes and mode/sales centers 2.6.33.4.1. Model homes and model sales centers shall be of a temporary nature and may be allowed in any residential zoning district or residential component of a PUD. in the estates zoning district, and in the agricultural zoning district as pan of a rural subdivision, by the issuance of a temporary use pen-nit: however, a model center as a permitted use within a PUD. and not located within a dwelling unit. shall not require a temporary use permit. Model homes and model sales centers are,/'~ intended to facilitate the sale of the model design, or of products similar in design to the model. Model homes and model sales centers located within residential Words .... '- _:.-'~g:, are deleted, words underlined are added. 51 Division 3.2. Subdivisions. of Ordinance 91-102. as amended, the Collier Count.,,' Land Development Code. is hereby amended to read as tbllows: DIVISION 3.2 SUBDIVISIONS Sec. 3.2.4. Exceptions. 3.2.4.11.5 Golden Gate Estates lot divisions. When a five acre parcel in Golden Gate Estates is subdivided into two lots, where one of the lots is not on the existing fight-of-wa',', the owner may create an access easement to and through the parcel which is not on the right- of-way. The easement must be at least 20 feet in width, and extend at least 150 feet into the otherwise landlocked lot. The easement shall provide for access to the lot, and satist3' the frontage requirement. Sec. 3.2.6. Subdivision review procedures. 3.2.6.5.3.3. Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall also furnish one set of record improvement plans on a mylar or similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director, showing the original design in comparison to the actual finished work. The myalrs shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The applicant's professional engineer shall also submit a computer disk containing the drawing file in auto CAD software format, or a similar format, which is translatable to auto CAD and acceptable to the planning services director. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: Sec. 3.2.8. Improvement plans. subm.;~ed in Fh~es te ccincicle ,.d.',h 'Ze ,~,velopment :ckc~'--'le. ,'P..,e site elea,dng Sec. 2.6.35. ~a) A maximum of fixe models: or a number corresponding to ten percent of the total number of platted lots. x~hichever is lesser, per platted, approved development, shall be permitted v,'itSin an apprc~ed de',e!cpmcnt prior to final plat approval as specified .... ;,~ 4 above. The applicant shall provide documentation that all required utilities will be available to the subject site. and. where required, shall depict such utilities in detail on the site development plan. (c) The parcels on which the models are located must abut a privately owned and maintained road. temporary in nature or permanently constructed to Collier Count)' roadway standards. (d~ The boundaries depicted on the preliminary subdivision plat shall be depicted on the site development plan in order to ensure compliance with the applicable development standards in effect on the subject property. (e~ Final lot grading and drainage conve) ance shall be in conformance with the master grading plan for the project as depicted on the preliminar? subdivision plat submittal documents. Temporary use permits for model units or units ~sed for sales centers in multi-family projects will not be issued prior to plat recordation and final approval of the project site development plan. All other temporary use requests tbr model homes shall require the submission of a conceptual plan ,~hich demonstrates that provisions will be made to adequately address the requirements of section 2.6.33.2. Temporar).' use permits for a model sales center within an existing subdivision shall require a site plan as tollo'as: In the case ora permanent structure which is a dwelling unit. a site improvement plan (SIP) per section 3.3.8.4. of this code: in the case ora permanent structure which is other than a dwelling unit. a site development plan (SDP); in the case ora temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of section 2.6.33.2. of this code. or a site improvement plan. depending on the extent of the work required. TemporaD' use permits for model homes to be located within a proposed sinele-familx cr multi ....... : dex elopment may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to division 3.2. and a conceptual site plan which addresses the requirements of section 2.6.33.2. of this code. Unoccupied (dr3.') model homes will be permitted only in conjunction with an approved SDP tbr a model sales center which pro~ides adequate parking to support the model(s). o~10~ Tempora_D' use permits for occupied (`a'et) model homes following subdivision approval shall require a conceptual site plan which addresses the requirements of section 2.6.33.2. of this code: Temporary. use permits for unoccupied model homes following subdMsion approval shall require a conceptual site plan and shall be issued onlx ,.n conjunction w'ith an approved site development plan or site improvement plan for a model sales center which pro~ides adequate parking to support the model(s~. ,//,~' j / Communication towers. Words :..~.:':k '&rc',gg,~ are deleted, words underlined are added. 53 3.2.8.3.6. · "e~h in section 3.2.~. !.~ -,~d 3.2.~° of th.;s code, ~pcn cc,"tificatic~ Clearing. gradine and/illine: Clearing of woodv vegetation requires a permit with the following exceptions: Owners of lots with an existing single family home other than in Golden Gate Estates may remove non-native and native woody vegetation without permits unless specimen trees are involved. A minimum number of required native trees shall be maintained as required by section 2.4.6.1. Permitted removal of vegetation: Subdivisions: Residential, commercial or industrial subdivisions, upon approval of construction drawings for the entire proiect or any given phase thereof, may clear for the construction of the infrastructure within that phase. Road rights-of-way, and drainage and utility easement areas may be cleared. Water management areas requiring excavation permits may be cleared upon issuance of an excavation permit and a required separate vegetation removal permit. Individual single family lots or blocks of lots may not be cleared unless a separate vegetation removal and site filling permit (VRSFP) is obtained as required by section ~.-.8.3.6.b.3.. Site development plans (SDPs): Commercial and industrial: Approval of a commercial or industrial SDP or SIP includes permission to clear for all infrastructure improvements and for the building pad as shown on the approved SDP. Residential SDPs: Approval of a residential SDP includes permission to clear for infrastructure only. Cleating and filling of building sites is not permitted unless a separate vegetation removal and site filling permit is obtained as required bv section 3.2.8.3.6.b.3.. Vegetation removal and site filling permits iVPSFPs): A developer will be permitted to clear up to 25 acres of residential, commercial, or industrial lots to store excess fill generated bv lake excavations within the PUD or project where the excavation is taking place. ,an approved SDP or an approved plat must exist for the parcel on which the fill is to be stored. Words ~--,:~ ~_-"::g.': are d~l~t~d, words ul~-'dined are addod. 62 of more than 50 percent of its actual replacement cost at the time oI destruction, as determined by a cost estimate submitted to the zoning director, shall not be reconstructed or repaired x~ithout conditional use approval. Notwithstanding anything to the contrao' in any Collier County ordinance. including any provision of division l.g of the land de`,'elopment code. a nonconforming tower an&'or accessoD= structures may be voluntarily reconstructed in any zoning district at its site subject to the conditional use procedures of the land development code provided such reconstruction complies with section 1.8.3.1. The extended useful life of the tower and/or accessory structures that will result from reconstruction shall not be construed to be an enlargement, intensification, increase or extension of the nonconlbrming use. After nonconlbrming facilities and/or accessory, structures are reconstructed under conditional use authorization, such facilities an&or accessoD' structures shall be deemed to have a conditional use permit under section 18.8 of the land development code. Height bonus/or sharing. Notwithstanding anything to the contrary' in any Collier Count~ ordinance, any existing conforming or nonconforming tower max' be permitted a onetime increase in height, provided: Any such increase in height does not exceed 30 feet or 20 per cent of the height of the existing tower, whiche`,'er is less; The cost of such increase in height does not exceed 50 per cent of the actual replacement cost of the tower at the time of the application; A shared use plan coverin~ the tower with the increased height is first approved b'~ the count',' administrator; The increase does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legalb.' conforming tower become nonconforming: Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted bv an appropriate professional engineer certified to practice in the state of Florida. A site development plan shall be submitted for review and approval if an increase in to,aer hemht requires placement oi: or addition to. an antenn"a equipment building or support building. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the office of the Collier County clerk of courts prior to any site development plan approval. A copy of the initial shared use plan shall be filed with and approved by the county manager administrator prior to conditional use approval. 2.6.35.6.2. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the count.',' manager administrator. Initial shared use plans and amendments for old tower sites require approval of the board of county commissioners, except where an amendment reduces site and/or antenna capacity. Permitted ground-mounted towers. Towers not exceeding the stated ma iim°'~ heights are a permined use subject to other applicable provisions of this section. .... ~. a. .... ~. deleted, words underlined are added. Words ........... ,,.. are 55 DIVISION 3.4. Sec. 3.4.7. 5.4.7.1,4. Sec. 3.4.9. 3.4.9.4.3. 3.4.9.4.4. EXPLOSIVES Permit application review procedures. Pre-blast notification: The applicant shall.v...:"~':c" provide wzitten notification to residents g'ho have not received a pre-blast inspection of the pending blast at least five te.~_n days prior to the commencement of the initial blast. The notification brochure shall be mailed or placed on the front door of each individual residence within the notification radius. A list of the property ov, qaers who were notified shall be furnished to the count','. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 150 feet. plus an additional 50%. The written notification shall describe the blasting which will take place, its effect on the residents, their ability to obtain a pre-blast surxey and hog' to contact the user or his or her representative with any blast related complaints or claims. Property owners shall be given a five-day window to respond to the availability and their desire to obtain a pre-blast survey. If blasting is suspended in an area for a period of 90 days or longer, re- notification of all residents within the radius calculated for a scaled distance of 150 feet plus an additional 50% shall be accomplished at lest seven days prior to the re-commencement of blasting. Limitations and conditions. The results from the seismic instrument shall be provided to and analyzed by a seismologist who shall sign the results of his analysis. The seismologist shall be an individual or firm specializing in the measurement and evaluation of short-term air and ground vibrations produced through detonation of explosives. The seismologist shall have experience in instrumentation, explosives, and the effects of vibration upon structures and a minimum of 5 years experience supervising and/or monitoring the use of explosives. All original records of the seismic analysis will be the property of the user but a copy of the seismic results and/or analysis shall be furnished to the de;'clcpment .zer-.'ize: director community development and enxironmentat services administrator, or his designee, with full and complete and supporting data demamt within 7 days from the date of the actual blast. SUBSECTION 3.1: AMENDMENTS TO VEGETATION, REMOVAL AND PRESERVATION DIVISION Division 3.9., Vegetation. Removal and Preservation. of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION Sec. 3.9.3. Applicability: unlawful to remove or otherwise destroy vegetation. It shall be unlawful for any individual, firm. association, joint venture. partnership, estate, trust, syndicate, fiduciary., corporation, group or unit of federal, state, county or municipal government to remove. ~ Words ......... ~. arc deleted, words underlined are added. then applied to the specific toy, er site. Tower lighting. Towers and antennas with a heiaht treater than 150 feet shall be required to have red beacon or dual mode liahts unless exempted in writing by the Collier count',' mosquito control district. Such lights shall meet the then existing Federal Aviation Administration {FAA) technical standards. No other towers or antennas shall be ,*'J~ ta',ver shall hc artificially lighted except as required by the FAA Federal A:,iatian ,\dminktratien. the Federal Communications Commission, or other applicable laws. ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. ................... ~ .... a .... ~ ....in ..... a ..... a'ith 3.3: antennaz; or 2.6.35.6.17. Site Plans. Additional Requirements. All new telecommunication towers and facilities shall require a scaled site plan in accordance with division 3.3 and the following additional requirements as part of the building permit application: Elevation drawings of the proposed telecommUmcations tower or alternative tower structure, other structures, type of construction, and whether construction x~ill accommodate sharing of additional antennas for/~ture users: Separation distances from nearest platted and unplatted residential properties and existing ancL/or proposed towers that are permitted bv Collier Count,,', and all setbacks from adjacent properties and rights-of-way, and minimum separation distances as required; Landscaping and buffering plan shovdng specific landscaping, materials and method to maintain landscaping; d_. Location and type of fencing to be used: e_. Finished color, camouflaging, and illumination, if applicable: Statement by applicant certifvin~ compliance with all applicable federal, state, and local laws and requirements of the FCC and FAA; On-site land uses and zonin~ desicnation{st; Words ~,-,~a--.k *&r;',:g.h are deleted, words underlined are added. 57 Riparian line: An imaginary line beginning at the point at which property lines intersect the mean high water line of a waterway and continuing into the waterway indefinitely. The purpose of the riparian line. as employed bv this code, is to provide a point of reference from which to measure setbacks for docking facilities. Roadside sales: The sale or display of perishable or nonperishable merchandise for sale from an,,' fixed or nonfixed location, upon unimproved or improved property:, without a valid occupational license and. when applicable, temporary use permit. Sign. monument: A detached sign typically containing design elements such as a base. columns, borders, toppers or caps. and a sign cabinet occupying at least two- thirds (2/3st of the total sign area. SUBSECTION 3.K: AMENDMENTS TO APPENDICES SECTION Appendix B. Typical Street Sections. is hereby amended by replacing the existing typical roadway section iljustrations with revised typical roadway section iljustrations attached hereto and incorporated herein by reference as Exhibit "B". SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable la~'. the more restrictive shall apply. If any phrase or portion of the Ordinance is held invali unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a pan of the kand Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section". "article". or an.,,' other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing ,a'ith the Deparlment of State. PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County., Florida. this __ day of .2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: A~I-EST: . CHAIR)~VOMAN DWIGHT E. BROCK. CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJORIE M. STL DENT ASSISTANT COLVNTY ATTORNEY Words :-""-ok ~-'c~"~.5 are deleted, words underlined are added. 66 f_. If applicable, other limiting factors, including but not limited to natural and man-made environmental limitations. Required certification. The applicant shall provide certification by a professional engineer that the proposed telecommunications tower or alternative tower structure is designed in accordance with the standards specified in this article and those incorporated by reference into this article, and that in case of collapse the telecommunications tower or alternative tower structure will be contained on the parcel or site, and that no structure other than those in direct support to the operations of the telecommunications tower or alternative tower structure shall be located within the fall zone. Compliance with m'iation regulations. The applicant must demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety, including part 77 of the federal aviation regulations and part 17 of the FCC regulations, and if planned to exceed 150 feet in height above grade, has been submitted for review bv the Collier county mosquito control district. Evidence of pursuing use of existing towers and tower sites. The applicant must provide evidence of pursuing the use of existing towers, structures, and facilities within the effective radius as specified in section 2.6.35.2. Evidence shall include written correspondence between the applicant and owner/operator of other structures in the effective radius including a request for space, the applicable rate structure for leasing, the applicable radio frequency, structural requirements, and any existing FCC limitations and other information as required in sectmn _.6..~5.~. of this code. Comparison of proposed site versus use of existing sites within effective radius. The applicant will provide a map of the proposed coverage area and a propagation study for the proposed telecommunications tower and any existing or proposed towers and structures within the effective radius, which may be used to facilitate the applicant's antenna(s) and equipment, including the input data for those maps for comparison of both proposed and existing towers, and any other technical parameter used; analyses which include the type of equipment to be used and the structural loading criteria used, and which address alternative scenarios. ~h as using an existing tower or placing a tower elsewhere versus using the proposed tower and site. The above requirements max. be waived by staff if the applicant presents good cause proxing why the respective requirement is not applicable..~r such proof is irrelevant or superfluous to the specific application. 2.6.35.6.27. A copy of each application for a tower in excess of 2-00 15.___Q feet in height shall be supplied by. the applicant to the Collier r-~v~.,~ .............,,,vo.~,,~; ........ ~,.~.~ ~,~,~,'~o"4~' Mosquito Control District or its successor in function. 2.6.35.6.30. Controlling law. Upon written application for exception(s) by the tower permit applicant, citing to specific provision(s) of allegedly controlling law, staff shall, in writing, grant one or more specifically articulated exceptions to these requirements herein, but only to the extent, in the opinion of the county attorney, each applied-for exception is mandated by application of such law(s) as then applied to the specific tower site. SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION Words ~ are deleted, words underlined are added. 59 5'dCh off Site parking ma:,' be approved as fo!!o,,;'s: code: or serve is located a=d is in excess of thc minim,.~m.. ~mo,'..nt cf m~.=.....~.~' ......... ~...~. separated by mn ='tee'iai .~-~--w'^~'~ ...... = designated dete,m,inat;.on cf requests for off site parking under :,action 2.3.4. l! .2 on egress, i: safe m~d ccn;'enient xx,m~.~ eft :ire pm-king cm'~not ~'~ approved ~' ........ ~' ........ is ~ ..... '~ in ~n ag~qultura!!:,' cr rzsi~entia!ly zoned dist~ct, ~n app~icascn for off Nc cfi site pm-king space is !coated further '.h=~ 390 f~t from Words :~-:k -'2:rs::g~ are deleted, words underlined are added. 16 de;,e/oFme,.:: F!av' t,_o beet:, :~pFro;'cd: Clearing, grading approved 55' thc '~ ...... :"' Development and e~,.: ........ nar'ara! ','egetatic, n shall be retained in acccrd~'~ce ;;~,*~ section 2.9.5.3 cf the LDC. ~ ............ cng:neet. ~e ecs: ~*; ..... k~n include *~e cc3t~.~c Words s~ are deleted, words underlined are added. 61 -- . ...... -~."z'.;gn are oeleted, w~'-ll~l~-Hi-fied are added. 63 Other more Where pm-king is approved "~de, r zection 2.3.,1.11.2 or ,..~.,l .......... heurs al,operation; ccuzU', t~ be filed ,xit~ the clerk cf the circuit ceu~, with ~.+x ........... :.~ t~ .k ........ providing .k~. the !and All required off-street parking facilities shall be located on the same lot they serve, on a contiguous lot under the same ownership that is zoned for use as a parking lot. or shall be approved under the proxisions of section 2.3.4.11.2.. below. Exemptions to locational requirements: / ~ Off-site parking on non-contiguous lots under same ownersh('~ Words .... ........ [ '~'~'-~.. are deleted, words underlined are added. 18 /-/7 remave, d or other~'ise destro,,', vegetation, which includes placing of additional til.__!l, without first obtaining a vegetation removal or vegetation removal and fill permit from the de'~elopment sen'ices director except as hereinafter exempted. Sec. 3.9.6. Ro'iew procedures. 2.9.6.4.1. A vegetation removal fee is not required to remove the following prohibited exotic vegetation/'rom developed property or from undeveloped property after a vegetation removal permit has been issued. (1) Australian pine (Casuarina spp.). (2) Metaleuca (Melaleuca spp.). t3) Brazilian pepper tSchinus terebinthilblius). {4) Earleaf acacia {Acacia auriculiformis). 15) Catcta~ mimose (Minosa pigra). (6) Java plum I Sy~'gium cumini). (7) Dox, ny rosemyrtle (Rhodomyrtus tomentosus). (8) Women's tongue (Albizia lebbeck). 9~1 Climbin~ fern (Lygodium spp.}. {10} Air potato {Dioscorea bulbifera). ( I 1 ) Lather leaf {Colubrina asiatica). SUBSECIION 3.J: AMENDMENTS TO DEFINITIONS DIVISION Division 6.3., Definitions, of Ordinance 91-102. as amended, the Collier Count?' Land Development Code. is hereby amended to read as follows: DIVISION 6.3 DEFINITIONS Beacon light: Any light with one or more beams capable of being directed in any direction or directions, or capable of being revolved automatically, or having anv part thereof revolve automatically, or a fixed or flashing high intensity light; search light. rye,, ......... ,:,,, Prohibited exotic vegetation: The entire plant, or an.,,' part thereol: including seeds, of the following: Earleaf acacia {Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca ( Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle {Rhodomyrtus tomentosa). Brazilian pepper (Schinus terebinthifolius~. Ja'.a plum (Syz.',gium cumini I. Women's tongue (Albizia lebbeck }. Climbing fern iLvgodium spp. ! Air potato I Dioscorea bulbifera I. Lather leaf { Colubrina asiatica ~. Words :~.::k '.-~.:;;gh are deleted, words underlined are added. 65 Shared parking, in which two or more permitted uses utilize the same. or a portion of the same required parking. Parking reser~ ation, in x~hich the petitioner believes that the number of required parking spaces is excessive and w'ishes to reduce the number of parking spaces required to be constructed, while reservine the land area for future parking spaces if determined necessary bv the planning services director, or the board of county commissioners. The planning commission and the board of zoning appeals shall consider the following criteria for the approval of a parking exemption: .(..D Whether the amount of off-site parking is required bx' section 2.3.16. or is in excess of these requirements. The distance of the farthest parking space from the facility to be sen, ed. Pedestrian safety if the lots are separated by a collector or arterial roadway. If the lot is not zoned commercial, it must meet the Iocational criteria for commercial uses as identified in the future land use element of the growth manauemem plan. Pedestrian and vehicular safet'~. The character and quality of the neighborhood and the future development of surrounding properties. Potential parking problems for neighboring properties. Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. Whether vehicular access shall be from or onto residential streets. ~10) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (11) Whether the off-site parking area will be used for valet parking. (12) Whether the off-site parking area will be used for employee parking. { 13) Whether there are more viable alternatives available. Eac.~, oOff-street parking space areas must be dircct!y accessible from a,,,/,~dO street, alley or other public right-of-way and all off-street paflcing facilities must be so arranged that no motor vehicle shall have to back onto any Words .~'-_ :-& -.."..-=::g.~. are deleted, words underlined are added. EXECUTIVE SUMMARY PETITION V-99-21, DAVID E. BRYANT REPRESENTING ALFRED LUCKERBAUER, REQUESTING A 7.5-FOOT VARIANCE TO THE REQUIRED 15-FOOT SIDE SETBACK FOR DOCKING FACILITIES TO 7.5 FEET FOR PROPERTY LOCATED AT 9 PELICAN STREET EAST, FURTHER DESCRIBED AS LOT 40, ISLES OF CAPRI NO. 1, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a variance of 7.5 feet from the required 15-foot side yard setback for docking facilities to 7.5 feet to allow the construction of a docking facility protruding a total of 100 feet into the waterway. BD 99-04, allowing the 80-foot extension from the permitted 20 feet, was approved by the CCPC on 6 January 2000 contingent on the approval of this variance. CONSIDERATIONS: The subject property is located at 9 Pelican Street East described as Lot 40, Isles of Capri No. 1. on Isles of Capri, legally The petitioner originally requested an extension to construct a boat dock protruding 121 feet into the waterway. In order to do so, a variance would have to be granted to allow the facility to encroach 7.5 feet into the 15-foot side setback required by the Code for docking facilities on property having waterfrontage of 60 feet or more. Several objections to this project were received, and staff recommended denial of both petitions based on the potential negative impact that the 121-foot facility would have on the use of the dock on adjacent Lot 39. The Collier County Planning Commission heard this petition on 6 January 2000. During the hearing, an agreement was reached between the attorney representing the petitioner, and the attorney representing the owner of Lot 39, by which the requested protrusion was reduced to a total of 100 feet, thus eliminating the potential impediment to the use of the neighboring dock. A modified sketch, prepared during the hearing, purporting to show the facility modified to a 100-foot protrusion, and signed by both attorneys, was presented to the Commission. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with applicable provisions of the Growth Management Plan. .~ HISTORIC/ARCHAEOLOGICAL IMPACT: None. No Historical/Archaeological waiver is required for a boat docking facility. PLANNING SERVICES STAFF RECOMMENDATION Planning staff had recommended a denial of the variance because of its relationship to a Boat Dock Extension application. A negotiated settlement of the boat dock extension resulted in a reduced extension which nonetheless did not change the need for the variance. PLANNING COMMISSION RECOMMENDATION: The CCPC recommended approval of V 99-2'1 by a vote of 5 to 3 based on a condition that the dock extension be reduced to an overall length of 100 feet. PREPARED BY: RO~;~ C~CHEN,~UR, PLANNER II CURRENT PLANNING SECTION REVIEWED BY: ' RoNALD F. NINOi",~ICP, MANAGER CURRENT PLANNING SECTION DATE ROBER~ J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE executive summary/V-99-21 EXECUTIVE SUMMARY PETITION V-99-25, JOSEPH SABATINO REQUESTING A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET ALONG THE WEST SIDE YARD OF LOTS 13 & 14 AND ALONG THE EAST SIDE YARD OF LOTS 36 AND 37; A VARIANCE OF 1 FOOT FROM THE REQUIRED 6 FOOT MAXIMUM TO A 7 FOOT MAXIMUM FOR HEIGHT OF THE COURTYARD WALLS; A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE SIDE LOT LINES AND WITHIN THE COURTYARD WALLS; AND A VARIANCE OF 10 FEET FROM THE REQUIRED 10 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE REAR LOT LINES AND WITHIN THE COURTYARD WALLS FOR PROPERTIES DESCRIBED AS LOTS 13, 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests several variances in order to construct 6 zero-lot line courtyard style homes on six lots in Naples Park. These variances include a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of lots 36 and 37; a variance of 1 foot from the required 6 foot maximum to a 7 foot maximum for height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. CONSIDERATIONS: The petitioner wishes to construct courtyard-style zero-lot line villas on 6 lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between structures. A wall will be constructed around the backyard (courtyard) of each home. The petitioner requests a variance to allow the wall to be 7 feet in height. A single family home, meeting required setbacks, could be constructed on each lot. The petitioner, however, wishes to build homes with a courtyard design and a common architectural theme. In order to accomplish this, he requests the subject variances. Approximately twelve phone calls were received from residents in the area who had no objection. Two phone calls in objection cited the destruction of the native habitat and its effect on wildlife and the height of the walls. Two letter writers objected to the fact that the houses would be out of character with the rest of Naples Park. At the Planning Commission hearing, four people spoke in opposition, stating that the project would be out of character with the neighborhood. AGENDA ITEM./ .o. JAN 2 5 2000 FISCAL IMPACT: Since the subject parcels are platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROVVTH MANAGEMENT IMPACT: Since the use of the lots is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, and the 15-foot separation between structures is being maintained, staff recommended that the CCPC forward Petition V-99- 25 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on December 16, 1999. The Petitioner originally asked for a variance to construct the houses on lots 15 and 38, 2 feet from the property line. The Planning Commission voted to remove that variance, thus maintaining a minimum separation between structures of 15 feet. By a vote of 6 to 2, the CCPC forwarded Petition V-99-25 to the Board of Zoning Appeals with a recommendation of approval. Commissioners Abernathy and Rautio dissented. Among their objections was the height of the wall. AGENDA ITEM. JAN 2 5 2000 PREPARED BY: F~L, SENIOR PLANNER CURRENT PLANNING -'WED BY: CURRENT PLANNING MANAGER DATE DATE R(~BE~T J. ~ULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPR~2VED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-99-25 AGENDA ITE JAN 2 5 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 8, 1999 · SUBJECT: PETITION V-99-25 AGENT/APPLICANT: OWNER: Joseph Sabatino 9624 - 102 Crescent Lake Drive Naples, FL 34109 REQUESTED ACTION: The petitioner requests several variances in order to construct 6 zero-lot line courtyard style homes on six lots in Naples Park. The petitioner requests a vadance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of Lots 36 and 37; a variance of 5.5 feet from the required 7.5 feet to 2 feet along the west side yard of Lot 15 and along the east side yard of lot 38; a variance of 1 foot from the required 6 foot maximum to a 7 foot maximum for height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. AGENDA ITF~,~ / L GEOGRAPHIC LOCATION: The subject property is located in the 600 block of Naples Park, fronting on both 111t~ Avenue and 110th Avenue. It is legally described as Lots 13, 14, 15, 36, 37, & 38, Block 17, Naples Park Unit 2. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct courtyard-style zero-lot line villas on 6 lots zoned RMF-6 in Naples Park. Most of the lots will maintain the combined 15-foot separation between structures. A wall will be constructed around the backyard (courtyard) of each home. The petitioner requests a variance to allow the wall to be 7 feet in height. A single family home, meeting required setbacks, could be constructed on each lot. The petitioner, however, wishes to build homes with a courtyard design and a common architectural theme. In order to accomplish this, he requests the subject variances. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Vacant lots; zoned RMF-6 111th Avenue ROW; across which is Casa de Vida single family subdivision, Naples Park Elementary School and Saint John the Evangelist Catholic Church Residences on lots; zoned RMF-6 110th Avenue ROW, across which are single family and duplex homes; zoned RMF-6 Residences on lots; zoned RMF-6 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. JAN 2 5 2000 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. Although this is an existing neighborhood developed with traditional single family and duplex residences, the petitioner wishes to construct a single-family house that is non-traditional in this neighborhood. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The petitioner wishes to construct a different style of residence from the surrounding neighborhood. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner could construct a traditional single family house on each lot. do Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? A traditional single family house on each lot would not require a vadance and is a reasonable use of the land. However, the requested vadance will be for proposed courtyard-style homes, with no increase in density. In addition, the 15-foot separation between structures will be maintained for most of the lots. A wall, 6 feet in height, could be placed along the property line without a variance. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? AGENDA ITF JAN 2 5 2000 Yes, this variance will allow the petitioner to have smaller rear and side yards than would be permitted for similar lots in Naples Park. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this vadance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will result in a single family housing type, which is a slightly different style from the surrounding area and will not be detrimental to the public welfare. Courtyard homes are used successfully in the PUD zoning district. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. Proposed courtyard walls will hide the accessory structures from the view of neighbors. Staff believes that these factors ameliorate the proposed encroachments of the accessory structures. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, staff recommends that the CCPC forward Petition V-99-25 to the BZA with a recommendation for approval. AGrr_N~A ITEM \ JAN 2 5 2000 PREPARED BY: FRE~_~REISCHL, SENIOR PLANNER CURRENT PLANNING REVieWED E~Yi RdNALD Fi ~'ll~i,~ CURRENT PLANNING MANAGER DATE DATE ROBI~T J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ATE f Petition Number: V-99-25 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN JAN 2 5 2000 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DIS~.~ ' Date Petition Received: ! [~, -' Commission District: ~ Planner Assigned: ~, ~'~'~'/ ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: lf~-~.. ~'~. .~,~/'0~ Telephone: Agent's Name: Agent's Address: ~-/~ ~/~'~ff' ~ ~~- ~~/ ~(. ~/d ~ Tel~hone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICF.~/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition Pag~ 1 of 8 JAN 2 5 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: H .~t~ ~ ~ ,4-Sx'oc../d-/7~n2 Mailing Address ~/~9.~ ,d~tw ~' City~'~ State zip g~/a~ PROPERTY DESCRIPTION: Legal Description of Subject Property: )r~/,/~ Subdivision: Ae/lgOg,~'~ ~ Unit 2. Section Twp. Range Lot (s) /~ -/~' Block (s) {7 Property I.D. # &~.~' Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 of 8 JAN 2 5 ~';~u Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: Minimum Yard Requirements for Subject Property: Front: ~.~. t Side: 7.~f ~. (2) Comer Lot: Yes [] No [~ Waterfront Lot: Yes [] No [~ Rear: Application for Vtritnce Petition - 8/98 Ptfe 3 of 8 JAN 2 5 2000 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback fi.om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Please note that staff and the Collier County plsnning Commi~ion shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (I-8). (Please address this criteria using additioxml pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. ~e ~ere ~i~ con~fio~ ~d c~ w~ch do not ~t ~om ~e action of~e ~h~t such ~ pre-e~g ~n~fio~ ~h~ve ~ &e ~o~ wMch h ~e ~bj~t of~e v~ ~ 3. Will a literal interpretation of the pmvisiom of this zonin~ code work unnecessary md undue hardship on the ~plicant or create tractic~ ~ties on the N~plic~nt. Will granting thc variance requested confer on the petitioner any special privilege tlaa: is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Will'granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public weffam. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, goff course, etc. Will granting the variance be consistent with thc growth management plan. Application for Variance Petition - 8/98 t"~o ~ ef,I AGENDA ITEM, JAN 2 § 2000 1'8._ //'d~ _ VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHF~C~,IST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE UIREMENTS OF COPIES REQUIRED 1. Completed Application 15 v 2. Completed Owner/Agent Affidavit, Notarized 1 3. pre'application notes/minutes 15 '~.' Survey of property, showing the encroachment' 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) Ail existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to - Collier County Board of Commi-~sioners 8. Other Requirements - . As the authorized agent/applicant for ~ petition, I attest that aH of the information indicaled on this chw. kli~ i~ included in this submittal package. I unde~tand that failur~ to include all nece~4u~ submittal informatioo m~' result in the delay of processing of this petition. Application for Variance Petition - 8/98 Pag~ 7 JOSEPH SABATINO 9624-102 CRESCENT LAKE DR. NAPLES, FLORIDA 34109 Hand Delivered July 28,1999 Mr. Ronald F. Nino, AICP Manager - Current Planning Section Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: "Courtym'd Housing" Proposal for Naples Park Dear Mr. Nmo, As I briefly described in our telephone conversation yesterday, our development group is considering the purchase of a small vac~0~,~ of land we call the Nicholas Tract. The tract currently consists of six lots; three fronting on 111~'.]~ - six hundred block ~.a~-I~. (#642) - lois 36, 37, 38 each being 50'x110' totaling .38 ams; and three fronting on 110 [ht~[,e~ - six hundr~ block Naples Park (~651) - lots 13,14,15 each being 50'x135' totaling .46 acres for a tot. a/~ac~ area of.84acres. In preparation for our meeting this Friday (~ lpm, I have provided data below for your review which will form the substance for our discussion. The purchase agreement for the tract will stipulate by a contingency clause that the u-act will be able to be developed as an entirety for "Courtyard Housing" a use as depicted on the n__-__nc:hed site plan which may not currently be permitted as conceived, ff we would be able to aocotn#iah the atlached by a special exception or some other method, it would be our preference that our land sales agreemem would not hav~ to have such contingency clauses. A secondary goal in the development of this tract is for us (or others) to be able to do very similar housing on an m-fill basis (individual scattered lots in Naples Park) using standards developed for this initial project It is my firm belief that the allowance of; and the addition of this housing type into this specific community will eventually create a new standard of excellence and higher quality of lifestyle as the relationship between house and lot/amenities are brought to a more current level of small lot planning. As an architect, I have been trained to marry the architecture with existing site conditions and my initial observation of this existing community is; that it is yearning for this .type of housing/development Also attached are some architectural schematics which have been planned with ~aect to the typical building envelope that one has to work to. Due to tbe ve~ small size some minor bedroo~ would be created on the upper level thus making the typical house a two story. Special attention must then be takmt to ensure privacy to adjoining houses with respect to windowless walls. The p!_$~ depict the courtyard concept which although not shown will be treated with beautiful paving, plantings, pools, ponds, aviaries, sculpture gardens, etc. ph: (941) 598-.1126 fax: (941) $930131 · mail: jcsal~nml, com JAN 2 5 2000 Below, I have enumerated the ve~ few specific "new zoning provisions" that would enable us to pr _oceo4___ in the purchase and development of Courtyard Housing in Naples Park. All of the provisions however are of equal importance and rely on the other provisions for the level of continuity that we desire .... ~..F..~-dt~e' rv 7' ' "~' a) p~vacy walls or~y walls shall be permitted on pro~ *ines in order to cr~~~:F maximum o 8K.~'~ with party walls or house walls on property lines not e×ceedin§ 14' high.~ of wall finish maint_.enance shall be shared equally between owners of neighboring ( b) l current required ?. 5 side yard each side shall be permitted to be combined (15') on one side ~ only to create a more useable side yard for courtyard amenities includin§ pools, £ounmins and planters which may be permitted a~ the foot of walls. house walls on property lines shall be windowless walls and have no openings except such walls may be permitted to have (non -clear) glass block for ligh~ emittin§ proposes and windows only if turned 90 degrees from property lines and such windows be setback four fe~t on buildin§ wails located on property lines roof ove_rhangs of a maximum of thr~e fe~t are permitted over property lmes~.,*~/: ~tr~rS /~ ~ a~6~/,¢~ 2 -a'~ e) all walls on property lines shall have a five foot maintenance eusen~nt on properties, to be used exclusively for repairs only. Deeds to have a covenant describin~ extent of individual property owners equal responsibility for maintenance of surface and §eneral repairs o£ all walls situated on property lines. olhe~ £rovimons as may be required to ensure lhe inleg~v of the e~s~n~ and new hou~n~ zoning,. In closing I am hopeful that you can share the vision I have presented, which if accomplished will accelerate the rennaisance which I see the Naples Park Community experien~& I then request your assistance in achieving this goal to provide for a highly desirable solution for retro-fit housing in the Naples Park Area. ~tee , of Florida JAN 2 5 2000 n. /? Well, ~ being first duly sworn, depose and say that we/I arn/a~iq-h-~-of-the'ff?operty 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 (~'~t.~9 ~ ~ to act as our/my representative in any matters regarding this Petition. Typed or Printed Name of Owner Signature of Property Owner Typed or Prin~ed Name of Owner State of Florida County of Collier The~oregoing in~_t_r~me~, ~w~.~_a~knowledged before me this '[ day of~__~) [ ~[-~. , 19Y~, by¢..~ ~_~ ~ I f~fT _l~ _who ~ perso~lly ~o~ to me or ~ pr~u~ ~ ident~tion. , ',-~o~) ( ] ~ ~U~A ~. ~SE~ ~ Cmmission ~ CC74952 or Name of Not~ P~lic) Application for Variance Petition - 8/98 Page 8 of 8 JAN 2 5 ADDENDUM TO SALES CONTRACT BETWEEN: NICHOLAS, CHARLES SABATINO, JOSEPH SELLER BUYER EFFECTIVE DATE OF SALES CONTRACT/ADDENDUM: 8/20/99 FOR THE PURCHASE OF THE FOLI.OWING DESCRIBED REAL PROPERTY: NAPLES PARK UNIT 2 BLK 17 LOTS 36-38 LESS R/W NAPLES PARK UNIT 2 BLK 17 LOTS 13-15 THIS IS PAGE 5 OF A 5 PAGE DOCUMENT. 26. OTHER TERMS AND CONDITIONS: A) BUYER AGREES TO EXTEND THE CLOSING DATE TO JANUARY 3, 2000 c) SELLER AGREES BUYER OR HIS ASSIGNS MAY PLACE SIGNAGE ON THE PROPERTY FOR PROMOTION PURPOSES. SELLER GRANTS TO BUYER THE AUTHORITY TO SEEK A VARIANCE FOR THE PROPERTY, FOR RESIDENTIAL PURPOSES, AS OF THiS DATE OF THIS ADDENDUM. DATE: BUYER:~ BUYER: DATE:~ SELLE~ "-* JAl~f 2 § 2000 ,? AC.~...~Q3A IT~.];4 ,,~ x.?(,,?) ,¢ JAN 2 5 2000 111TM AVENUE (BLOCK 17 ~, . ' I 110~ AVEblL~ (~LOOC 17) JAN 2 5 2000 courtyard walls; a variance of 7.5 feet fi.om the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit A only. Any other encroachment shall require a separate variance. 2. The petitioner shall submit a Site Development Plan for review and approval, prior to any building activity on site. BE IT RESOLVED that this Resolution relating to Petition Number V-99-25 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: l~la~i M.- S'cu~eri Assistant County Attorney g/admire' RESOLUTION/R-V -99-25/FR/~ CHAIRMAN J"" 2 5 2OO0 iii, !!ii iiii 11ttli 111TM AVEI',JU[ J: 't J EXECUTIVE SUMMARY ONE-TIME EXEMPTION FROM THE VEHICLE USE AGREEMENT FOR REPAIRS TO THE COUNTY'S TRANSPORTATION DISADVANTAGED BUS FLEET Objective: Approval of a one-time exemption from language in the Vehicle Use Agreement between the County and Checker Cab, for certain major repairs to vehicles in the County's fleet, used in the provision of Transportation Disadvantaged services. Considerations: On April 2, 1999 the County entered into a series of emergency and temporary agreements in order to continue the operations of the Transportation Disadvantaged program. The County also agreed to acquire 19 vehicles from the previous Community Transportation Coordinator (CTC), Good Wheels. These vehicles were then leased out to the subcontracted operators. Fourteen (14) of the vehicles are in need of repairs ranging from work on the air- conditioning systems, to work on transmissions. ]'he Vehicle Use Agreement between the County and Checker Cab states that Checker Cab is to be responsible for the maintenance and repair costs. However, because of the emergency nature of the transfer of the vehicles, it is difficult to determine which entity should be responsible for the repairs. The initial vehicle use agreements were for a three-month term, and the subcontractors were reluctant to pay for repairs while under a temporary contract. The county staff has negotiated with the subcontractor, and the parties have agreed upon the following arrangement: The County's Fleet Management department will perform the repairs. Checker Cab will pay for the parts. Once the vehicles have received their one- time exempted repair, then Checker Cab will resume its complete responsibilities for maintenance and repairs to the vehicles. Fiscal Impact:. Costs of labor to repair each vehicle; total estimated at this time at $40,000, to be charged to the cost center used for support of the TD system. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the attached agreement, pending County Attorney approval, waiving the requirement that the subcontract operator perform the repairs, and authorize the use of funds intended for support of the TD system for the cost of the labor to be performed by the Fleet Management Departrnent. Prepared by: Reviewed by: Julia B. Savage, A'ICP, Project'Manager for Collier County TD and Transit Services Gavin Jones, P.E., ~ransportati? Planning Manager Date:, I Date:/ ,~' Reviewed by: ~~A R . ICP, Planning Services Director Approved by: Vincent A. Cautero. AICP, Community Development & Environmental Services Administrator DatL~ //- ,/_ ; Date~ ~ - ?: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 ONE-TIME EXEMPTION FOR VEHICLE REPAIRS AGREEMENT BETWEEN COLLIER COUNTY AND CHECKER CAB, INC., THE PRIMARY SUBCONTRACTOR TO INTELITRAN, INC. This agreement confirms the following stipulations and guidelines as agreed upon by the County as the Community Transportation Coordinator (CTC), and Checker Cab as the primary operator under contract to intelitran regarding the Vehicle Use Agreement between Collier County and Checker Cab, dated April 2, 1999. There are eighteen (18) vehicles titled to Collier County as the CTC, and available for use in the coordinated transportation system. However, many of these vehicles are in need of certain major repairs in order to bring them up to optimum operating status. These vehicles were inherited by Collier County from the previous CTC, and it is not possible to go back to that company to ask for the cost of the repairs. In order to bring all of the vehicles up to an acceptable state of operation, Collier County Fleet Management has agreed to make the repairs. The cost of the labor of the repairs will be charged to the cost center for support of the Transportation Disadvantaged Program. Checker Cab agrees to pay for the parts. The following are stipulations and procedures for this one-time exemption from the Vehicle Use Agreement in place: 1. This is a one-time exemption for certain major repairs per vehicle. Checker has provided an estimate of the repairs needed, however, the County will conduct an inspection of each vehicle in order to determine what repairs are needed. Vehicles with certain repairs may turn out to only need maintenance. Once the repairs are made, and the vehicles returned to Checker cab for operations, it will be Checker Cab's responsibility to maintain and repair the vehicles in optimum condition, and to pay for all the maintenance and repairs on said vehicles. See attached vehicle inventory. 2. Vehicles deemed to be in working order at this time, will not be 'added to the list' at a later date. 3. Checker agrees to transport each vehicle to the Fleet maintenance facility or to arrange for the vehicles to be towed there. If vehicles are towed Checker will invoice the County CTC through intelitran for the costs of towing. 4. The county's Fleet Management department will receive the vehicles, and inspect them and provide an estimate to the County CTC through intelitran. [It is understood that this is 'extra' work for Fleet, and takes a lower priority than their regular duties.] 5. Collier CTC with intelitran will review the estimates received from Fleet and decide whether the cost of the repair including parts and labor, is cost-effective in relation to the age/mileage of the vehicles. Note, on all estimates, the Fleet Management department will' indicate the mileage of the vehicles when they are received. Some of the vehicles have dead batteries, and the mileage cannot be read until the voltage is restored. z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 38 39 40 41 42 43 44 45 6. If the cost of parts noted in Fleet's estimates exceeds two thousand dollars, $2,000, and the CTC determines to proceed with the repairs, the CTC will give Checker the option of having the repairs accomplished at another facility. If Checker wants to repair the vehicle elsewhere, they will pay to transport the vehicle. 7. Checker agrees to pay for all replacement parts as invoiced by the CTC through intelitran. These provisions are agreed upon and binding. If there are any changes or additions to this agreement, they shall be reduced to writing. In consideration of the mutual promises, covenants and payment terms set forth in this agreement and its attachment, Collier County and Checker Cab agree that they will abide by the terms outlined in this agreement. Notices under this agreement should be delivered to: For County For Checker Cab, Inc. Timothy J. Constantine Chairman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 John Dougherty President Checker Cab, Inc. 4001 Santa Barbara Blvd., Suite 133 Naples, FL 34104 (941) 455-5555 Agreed and entered into this ,h daF' of ,2000. Collier County ATTEST DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: TIMOTHY J. CONSTANTINE, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert Zachary, Assistant County Attorney CHECKER CAB, INC By: JOHN DOUGHERTY, PRES. Witness Witness o ~ EXECUTIVE SUMMARY APPROVAL OF LOT CLEARING AND FILLING IN THE CARSON LAKES SUBDIVISION PHASE 1 DEVELOPMENT OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to permit site alterations (clearing and filling) of 46 single family lots on approximately 10 acres in the Carson Lakes Phase 1 development. CONSIDERATIONS: Habitat for Humanity, the developer of Carson Lakes, has requested permission to clear and grade the entire site of this project during the construction of the infrastructure, the water management system and perimeter berm and buffer. A copy of their request is attached. The request to clear and fill the residential areas of Phase I (46 single family lots) is based on a desire to do the work as cost-efficiently as possible. The Land Development Code (LDC), Section 3.2.8.3.6, allows clearing and filling to dispose of fill generated by new lake excavations on site. The lake on this site is existing. All fill must be imported. The Land Development Code does not allow the administrative issuance of a clearing permit in these circumstances. The item must be approved by the Board. FISCAL IMPACT: Habitat for Humanity requests waiver of the $472 Vegetation Removal Fee and any Revegetation bonding. The purpose of the Revegetation Bond is to assure that the site will not be cleared and left bare for an extended period of years. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: At the time of construction, if any historical or archaeological artifact is found, construction must stop and Collier County Code Enforcement must be notified per LDC Section 2.2.25.8.1. AGENDA ITEM JAN 2 5 2000 Pg. / RECOMMENDATION: That the Board approve the request to approve clearing and filling of these 46 single family lots and authorize staff to process the permits to clear and fill the entire site in accordance with the development plan approval and to waive the Vegetation Removal Fee and Revegetation Bond. PREPARED BY: .. J!~/'-- "~/" .... ,.// ,;/,lq.,.,.., .. ~ ', ,.. ., STAN CItRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS KUCK, P.E. ENGINEERING REVIEW MANAGER/COUNTY ENGINEER DATE /R~RE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE AP PRO V E D B.~///4/ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE TK/den/H:?Marie's EX SUMMARIES 2 JAN 2 5 2000 January 5, 2000 WILKISON & WA~9727 .Mr. Stan Chrzanowski, P.E.. Engineering Review CommUmty Development & Environmental Services Division 2800 North Horseshoe Dr Naples, Florida 34104 RE: Carson Lakes Subdivision Phase I - Lot Clearing and Filling Dear ,Mr. Chrzanowski: The referenced project is located on the north side of Carson Road tn Immokalee. The project consists of 46 single-family lots and the infrastructure to serve them. The project has received subdivision plan approval from the County and is beginning construction this week. As you are aware, County approval does not allow lots to be cleared and filled in conjunction with the construction of the infrastructure. The owner, Habitat for Humanity of Collier County, Inc., in accordance with LDC Section 3.2.8.3.6, would like to request perm~io~ t~. clear and fill the area of the building pads within the lots during construction c~f I~ .,',~ infrastructure, as it would greatly reduce the cost of construction of the project., The owner intends to save as much of the exJstmg vegetation on the lots as possible. We expect that they will apply for approXimately fifteen (15) building permits in the summer of this year. Enclosed for your review are the following items: 1. Check No. 10329 in the amount of $210.13 for vegetation removal fees (3.91 acres cleared). 2. Vegetation removal application (2 copies). 3. Lot clearing and filling plan t2 copies - 24" x 36", and 2 copies - 8 1/2" x 11"). We understand that the new amendment to the Land Development Code will require a re- vegetation bond. Habitat for Humamty requests that the bond be waived for this project. Thank you for your assistance W~th this matter. If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, WRZ~,ISOhi & ASSOCIATES, INC. l~vid S. Wilkison, P.E. President Enclosures cc/enc.: Mr. Edmund Sorenson Habitat for Humani .ty of Collier Count3.-. Inc. cc: Dr. Samuel Durso. Habitat for Humanitx of Collier Count'. Inc. Mr. Lee Hershey, Habitat for Humanity of Collier Count3.'. Inc. Mr. Jack ~eem Jack Queen Construction. Inc. C: My ~,97 ProjeclsLO727~C~dence.$C9727 Requeat for lot d~ating & failing, doc 2500 E:,'C~ANGE AVE., NAPL--5 'L .341~-' o41-643-2404 ~al-o43-c-52 :',,!ES '~ vVILKISON F S,%1. -2:z&E A. WILKt$OI AGE310A ri'EM JAN 2 5 2000 1 -~43-5173 EXECUTIVE SUMMARY REQUEST THE BOARD OF COMMISSIONERS TO SELF-CERTIFY THAT COLLIER COUNTY MEETS FLORIDA STATE REQUIREMENTS TO BE DESIGNATED A "QUICK PERMITTING COUNTY", OBJECTIVE: To have the Board of Commissioners self-certify that Collier County meets the State mandated requirements to be designated as a "Quick Permitting County." CONSIDERATION: In 1999, the State of Florida mandated that By January 1, 2000, the Department of Management Services must establish and implement an Internet site for the One-Stop Permitting System. The One-Stop Permitting System Interact site shall provide individuals and businesses with information concerning development permits; guidance on what development permits are needed for particular projects, in addition to other pertinent information. Another section of this statute (ss.288.1093) involves the "Quick Permitting County Designation Program." Once a County has self-certified themselves as a "Quick Permitting County", they become a part of the State's new One-Stop Permitting System. In addition to assisting developers and business owners who wish to relocate their companies to Florida via the internet, it will act as a promotion tool for respective counties, such as Collier County. FISCAL IMPACT: There should be no additional fiscal impact because the Community Development and Environmental Services Division has been proactive in this area. We already have a web site posted that meets State guidelines, which assists businesses. GROWTH MANAGEMENT IMPACT: This should only benefit growth management by providing development information via the internet. RECOMMENDATION: That the Board of Commissioners self-certify that Collier County meets the State mandated requirements to be designated as a "Quick Permitting SUBMITTED BY: Date: Donald R. Blalock,0~. - ~rincipal Pla~, Current Planning REVIEWED BY: ,/"/-~~~ Date: Robert Mull~ere ~irector, Pl~ing Services APPROVED B~ ~ Date://'-'t/O~ -d6 - Vincent A. Cautero, AICP - Division Administrator Community Development and Environmental Services AGENDA JAN 2 5 2000 2/87/1999 10:34 9417744010 PAGE Certification and Web lnchtsion Quick Pernfitting County Des~gnntion (as per Laws of IRorida, Claimer 99-?.44, Section 288.1093): To bc designated aa a Quick Permitting County, the Chair oftbe Bom'd of County Commissioners of the applying county must certify to the Department of Management Sea'vices that the county has imple, n~nte~l the following best practices: 1) The establishment of a single PobU of contact for a business seeking assistmxce in obtaining ,, permig 2) The selection of high-priority projects for accelerated permit £evicw; 3) The u.se of documented pre. application meetings following gandard procedurr.~; 4) The maintenance of an inventory of site· suit·bio fo~ high-priority p~oject~; 5) Thc deveiopn'~nt ufa list of consultants who conduct busineaa in the county; 6) The evaluation and e~on of dupUcative approval and permitting requirements within tho county; 7) The comnaJtment to participate, thn~ ~he entry of an Lnterloeal agxeement for individual ptojec~ in the exp~it~xt permit process set forth in s. 403.973; 8) The development of a timetable for procuring development ~ts and approvals; attd 9) Th~ u~ of interagency coordination to facilitate l:~'mit proc~ng. 03 List of Desired Web Page Elements: All or mom of thee items should be included on yom' permitting web page. Note that they compUment the quick permatting designations listed above: 1) Provide a primary point of contact wilhin ~he county for permil~g to include: nan~ pbo~ enroll and fax. 2) Provide a list of consultants to whom applicants might go for assistance with a spexific project. 3) Provide infommdon aborn permits dm might include: ., a ~ of permits including what acttvitie~ might trigger the need for a permit; information about permit approval time, i.e. those that might require · publi~ hearing ~ bonnl aplnoval versus s~aff approval; m information about permit fees ~n cost facto~ · , & listing of petmi~ with · ~sm fo~ printing a specific permit so that '.a may be eomF~ and f~xed/rnailed. 4) Provide ·lbt of developable areas within the county or information about the county 5) Provide · search strategy f~r ioc~tln~ permit6ng inf'erma~ I certify that CoLlier Count-y, Fl. county ~s a Quick Permitting Counw and wotlld like our URL added to the DMS Onc-Stop Permitting Web Site. o:~. collier, fl. us / c~mt~=~r Print Name of BOCC Chair Pexmittin8 URL Signature of BOCC Chair Date' Fax to: Bcbc Smith ' 850/a88-9837 AGENDA ITFJ, ' JAN ~-3 £ub~u ~~ httpi//co.col~e~.fl.us/commdevZcoleLone_stop, htm Collier County/Florida's On-Line ' ' Copyright ~,1998 Board of County Commissioners of Collier County, Florida I Last updated on 01/11/00 - You are site visitor:I Office of the County Administrator AGENDA ITEV JAN 2 5 2000 L._""' '~ - Memorandum To: From: Date: Subject: Vincent A. Cautero, AICP - Div. Administrator Don Blalock- Principal Planner January 11, 2000 State of Florida's Quick Permitting Designation Currently the State of Florida is attempting to get all counties and municipalities on-line regarding their building and planning permitting applications. As you know, Collier County has been proactive in this endeavor, and already has its Permitting Review and Planning Services sites available for on-line viewing. However, in order for the States new One Stop On-line permitting site to publish our County's URL address, we must self- certify that we meet the state's requirements to be a member of One Stop permitting. To accomplish this, our BCC Chairperson needs to sign the following document, certifying that we meet the criteria set down by the Florida Department of Management Services for One Stop Permitting. I have provided a brief description of how Collier County meets all of the DMS's requirements on the following documents. The state's One Stop site will be going on-line next month, January, 2000. I was hoping that we could be a part of this new site. Office of the County Administrator AGF..~A ITEM JAN 2 5 2000 ... Quick Permitting County. Designation: 1) Establishment of a single point of contact for a business seeking assistance in obtaining a permit. CounW's Practice: Direct Businesses to Fast Track Permitting - Helene Caseltine, Economic Development Manager-HUl HeleneCaseltine~collier gov.net, which is posted on out HUI Web Site [co.collier.fl.us/hui/expedite.htm]. The Economic Development Council (EDC) Web Site is also hot linked to HUI's Web Site, and they can provide help if the economic manager is not available [co.collier.fl.us/hui/economic.htm]. Phone numbers and contact names are available at both sites. 2) Select high priority projects for accelerated permit review. County's Practice: Once again Fast Track Permitting, and the EDC select high priority projects which meets criteria set up by the sate of Florida. This Web page is located on the HUI Web Site [co.collier. fl.us/hui/expedite.html. 3) Use of Documented Pre-application meetings. County's Practice: The Planning Services Department handles Pre-application meetings. 4) Maintenance of an inventory for suitable sites available for high-priority projects. County's Practice: An inventory of suitable sites is kept by the EDC [swfloridabusiness.com/]. Contacting Housing and Urban Improvement's Economic Development section also can access itlco.collier.fl.us/hui/economic.htm]. 5) Development of a list of Consultants who conduct business in Collier County. County's Practice: A list of consultants is kept by the EDC [swfloridabusiness.com/]. Contacting Contractor licensing can also access it [co.collier.fl.us/bldgrev/contr_lic.htm]. 6) Evaluation and elimination of duplicative approval requirements within the county. 7) Count's Practice: Planning Services and Building Review coordinate this evaluation. Commitment to participate, through an interlocai agreement in the State of Florida's Expedited Permitting Process. County's Practice: HUI currently participates in this process with businesses that meet State of Florida Guidelines. 8) Development of a timetable for processing developmental permits and approvals. County's Practice: The Planning Services Department handles this function with all high- priority projects. 9) Use of an interagency coordination to facilitate the permitting process. County's Practice: The Planning Services Department, Building Review, Housin Office of the County Administrator JAlq 2 5 2000 pg. ~ Improvement, and the Economic Development Council, ali work together to expedite the permitting process regarding all high-priority projects. Desired Web Page Elements by the Florida Dept. of Management Services: 1) Provide a point-of-contact within the county for permitting to include: name, phone, email and address. County's Practice: This information is provided on the following Web page: [co.collier.fl.us/commdev/one_stop_contact.htm] 2) Provide a list of consultants to whom applicants might go for assistance with a specific project. CounW's Practice: This information is provided on the following Web page: [co.collier. fl.us/commdev/one_stop_consultants.htm] 3) Provide information about permits that includes: A List of all permits Information about approval times (What needs board approval, what does not) Information about permit fees List of permit applications to print out County's Practice: This information is provided on the following Web page: [co.collier. fl.us/commdev/one_stop_permitting_.htm] 4) Provide a list of developable areas within the county, or information about the county's comprehensive plan. County's Practice: This information is provided on the following Web page: [co.collier.fl.us/com mdev/one_stop_developable.htm] 5) Provide a search strategy for locating permitting information. County's Practice: This information is provided on the following Web page: [co.collier.fl.us/commdev/one_stop_search.htm] Office of the County Administrator AGENDA ITEM JAN ? 5 2000 12/07/1999 10:34 9417744010 COUNTY NAt, lAGER PAGE 02 RECEIVED COUNTY ADM. INISTRATORS OFFICE Florida Department of'Management erw FILE Dec~mber 3, 1999 Memorandum ChaJxpe.rson, Board of the County Commission Bebe Smith, Permitting Coordinator State of Florida~One-Stop Re: County Permitting URL The State's permitting web site is progressing and should go Uvc some time later this month (permitting.state.fi.us). Seventeen counties received grant funding to participate in this first phase initiative devised to promote expedited/online permiiting. Since your county did not receive a grant this year, I wanted to be sure to invite inclusion of your permitting web page on the State web page if that is your desire and if you meet the following criteria: .' 1. The Chair of the Board of CounW'Commissioner serf-certifies that your county is a Quick Business County. and You have a section(s) of your local web page devoted to permitting informer/on which, at a minimum, accomplishes the standards required for inclusion on the State site. If your county meets these criteria, 'we encourage you to join the statewide move for promoting expedited permitting and increased commerce in your area. Simply complete and sign the attached document then fax to my attention. Watch for information I will be sending out some time in the spring about regional meetings across the state. These meetings will discuss how to apply for year 2000 permitting grants as well as provide an open forum to discuss cooperative ventures between counties, state agencies, and other perm/tting entities. ~2107/1999 10:34 9417744010 COUNTY Iv~NAG'E~ PAGE Certification and Web Inclusion Quick Permitting County Designation (as per'Laws of Florida, Chapter 99-244, Section 288.1093): To be designated as a Quick Permitting County, the Chair of the Board of County Commissioners of the applying county must certify to the Department of Management Services that the county has implemented the following best practices: 1) The establishment of a single point of contact for a business seeking assistance in obtaining a l~tmit; 2) The selection of high-priority projects for accelerated pen'nit review; 3) The use of documented preappllcation meetings following s~ndard procedures; 4) The maintenance of an inventory of sites suitable for high-priority projects; 5) The development of a list of consultants who conduct business in the county; 6) The evaluation and elimination of duplicative approval and permitting requirements within the coumy; 7) The commitment to patticipam, through the entry of an intetlocal agreement for individual projects, in ~e expedited permit process set forth in s. 403.973; 8) .The development of a timetable for processing development permits and approvals: and 9) The use of intcragency coordinado~ to facilitate permit processing. 03 List of Desired Web Page Elements: All or most of these items should be included on your permitting web page. Note that they compliment the quick permitting designations listed above: 1) Provide a prima.,T point of contact within the county for permitting to include: name, phone, ~mail, and fax. 2) Provide a list of consultants to whom applicants might go for assistance with a specific project. 3) Provide information about permits that might include: a list of permits including what activities might trigger the ne.~l for a permit; information about permit approval time, i.e. those that might requir~ a public hearing or board approval versus staff approval; m information about perinit fees or cost factors; a listing of permits with a mechanism for printing a specific pre-mit so that it may be completed and faxed/mailed. 4) Provide a list of developable areas within the county or information about the county comprcbensive plan. 5) Provide a search strategy for locating permitting information. _ I _ - . <_ ....... I ...... I _ __ Jl_ I .- I certify that Collier County, Fl. county is a Quick Pemaitting County and would like our URL added to the DMS One-Stop Permitting Web Site. c'o. collier, fl. us/conmflev Print Name of BOCC Chair Permitting URL Signature of BOCC Chair Date Fax to: Bebe Smith ' 8501488-9837 Quick Permitting County_ Designation: 1) Establishment of a single point of contact for a business seeking assistance in obtaining a permit. County's Practice: Direct Businesses to Fast Track Permitting - Helene Caseltine, Economic Development Manager-HUl HeleneCaseltine~collier gov.net, which is posted on out HUI Web Site [co.collier.fl.us/hui/expedite.htm]. The Economic Development Council (EDC) Web Site is also hot linked to HUI's Web Site, and they can provide help if the economic manager is not available [co.collier. fl.us/hui/economic.htm]. Phone numbers and contact names are available at both sites. 2) Select high priority projects for accelerated permit review. CounW's Practice: Once again Fast Track Permitting, and the EDC select high priority projects which meets criteria set up by the sate of Florida. This Web page is located on the HUI Web Site [co.collier. fl.us/hui/expedite, htm]. 3) Use of Documented Pre-application meetings. County's Practice: The Planning Services Department handles Pre-application meetings. 4) Maintenance of an inventory for suitable sites available for high-priority projects. County's Practice: An inventory of suitable sites is kept by the EDC [swfloridabusiness.com/]. Contacting Housing and Urban Improvement's Economic Development section also can access it[co.collier, fl.us/hui/economic.htm]. 5) Development of a list of Consultants who conduct business in Collier County. County's Practice: A list of consultants is kept by the EDC [swfloridabusiness.com/]. Contacting Contractor licensing can also access it [co.collier.fl.us/bldgrev/contr_lic. htm]. 6) Evaluation and elimination of duplicative approval requirements within the county. County's Practice: Planning Services and Building Review coordinate this evaluation. 7) Commitment to participate, through an interlocal agreement in the State of Florida's Expedited Permitting Process. County's Practice: HUI currently participates in this process with businesses that meet State of Florida Guidelines. 8) Development of a timetable for processing developmental permits and approvals. County's Practice: The Planning Services Department handles this function with all high- priority projects. 9) Use of an interagency coordination to facilitate the permitting process. County's Practice: The Planning Services Department, Building Review, Housing & Urban Improvement, and the Economic Development Council, all work together to expedi~ permitting process regarding all high-priority projects. Office of the County Administrator Desired Web Page Elements by the Florida Dept. of Management Services' 1) Provide a point-of-contact within the county for permitting to include: name, phone, email and address. County's Practice: This information is provided on the following Web page: [co.collier.fl.us/co m mdev/one__stop_contact.htm] 2) Provide a list of consultants to whom applicants might go for assistance with a specific project. County's Practice: This information is provided on the following Web page: [co.collier. fl.us/commdev/one~stop_consultants.htm] 3) Provide information about permits that includes: A List of all permits Information about approval times (What needs board approval, what does not) Information about permit fees List of permit applications to print out County_ 's Practice: This information is provided on the following Web page: [co.collier.fl.us/com mdev/one_stop_permitting_.htm] 4) Provide a list of developable areas within the county, or information about the county's comprehensive plan. County's Practice: This information is provided on the following Web page: [co.collier. fl.us/com mdev/one_stop_developable.htm] 5) Provide a search strategy for locating permitting information. County's Practice: This information is provided on the following Web page: [co.collier.fl.us/com mdev/one_stop_search.htm] O~ce of the County Administrator JAN 2 5 2.000 EXECUTIVE SUMMARY PETITION C-99-11, DUANE WHEELER, CARNIVAL CHAIRMAN, ROTARY OF IMMOKALEE, REQUSESTING PERMIT TO CONDUCT A CARNIVAL FROM FEBRUARY 10, 11,12, 13, 2000, ON COUNTY OWNED PROPERTY LOCATED AT THE IMMOKALEE REGIONAL AIRPORT: OBJECTIVE: Mr. Duane Wheeler, Carnival Chairman, Rotary of Immokalee, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from February 10, 11, 12, 13, 2000, on County owned property located at the Immokalee Regional Airport. The applicant is also requesting a waiver of the application fee, occupational license and surety bond. CONSIDERATIONS: Mr. Duane Wheeler, Camival Chairman, Rotary of Immokalee, has made application to the Board of Count Commissioners for a permit to conduct a carnival. Mr. Duane Wheeler, Carnival Chairman, Rotary of Immokalee, has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit procedures other than those requests for waivers addressed herein. FISCAL IMPACT: The $250.00 permit application fee waiver has been requested as a percentage of the proceeds from the carnival will go to projects in Immokalee. Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a misnomer, in that should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research, the average fiscal impact resulting from these types of fee waivers is $2,200 per year. Since the Lisko & Sons Amusement Company has signed an agreement with the Collier County Real Property Division for clean up costs, if the Lisko & Sons Amusement Company fails to restore the site back to the original condition, the County holds no liability. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That ~e Board of County Commissioners approve the permit to conduct a carnival and waivers for the carnival fee, occupptional license and surety bond. - --. - - - I~NALD F. NINO, AICP CURRENT PLANNING MANAGER 1 DATE AGEND'A IT, E ~., ~ JAN g zaoo PLANNING SERVICES DIRECTOR ? APPROVED BY: VINCENT A.'CAUTERO, AIC-~, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE 2 JAN 2 5 ZbOO Pcrmat No.. .... PERMIT FOR CAILNIV ~L EXHIBITION STATE OF FLOPdDA: COL~'NTY OF COLLIER: WHEREAS. Duane Wheeler. Carmval Chau'mam Rotary of Immokalee. has made apphcation to the Board of County. Comrmssmners of Colher Counw., Florida, for a perrmt to conduct a carmval or exhibition: and WHEREAS. Duane Wheeler. Carmval Chau'man. Rotary of Immokalee. }ms presented to the Boaxd sufficient evidence that all cmena £or the issuance of a permat to conduct a carmval or exhibition a.s set forth in Chapter 10..aa't~cle II. Amusement~ and Entermmment's. of the Collier Counw. Code have been sa~sfied and that such carmval or exlxibinon will be conducted according to lawful requirements and conditions: and WHEREAS, Smd Duane Wheeler, Carmval Chairma~ Rolm-y of Immokalee, ha~ ~ a Wmver oftl~ Carmval Fee, Suxew Bond and OccupaUoml License; NOW, THEREFORE, TI-IlS PERM1T IS HEREBY GRANTED TO Duane ~l~eler, C.m'niv~l amimm~ Rotary of Immokalee. to conduct a carmv~l or exifibition from February 10, 2000 through February 13, 2000, m accordance with the terms and conditions set forth m the peuuoner's application and all related documents, a' ~ hereto and incorporated hereto for the foLloWing describexl property: (See attached Extubit "A") The request for waivers of Carmval Fee, Surevj Bond and Occupational License ~s h~eby ~noved. ~kTrNESS my hand as Charrman of said Board and Seal of Smd County, attested by the Clerk of Cour~ m m~d for ~tid ~ tl~ d~'of ,2000. A'ZrEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS: COLLIER COLrNTY, FLORIDA: APPROVED AS TO FORM .4.ND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNT_Y /j~trmn/C-99-11/ts TI~IOTHY J. CONSTA_NTLNE, CHAIRMAN JAN g 5 2000 12/~0/~999 ~06 9~177~010 CO~T¥ ~N~R P~GE 02 To: Bob Fernandez From, Duane W13eeler Fax: 774-4010 I,~ 3 Rm CamNal X Urg~mt I:1 For Fl~r~i.w ~ Pl~ Comment The Rotary Club of immokalcc would like to be on the county Commissioner's agenda as soon as possible. We would like to have a carnival at the tmmokalcc Regional Airport on February 10t" thru 13t~ , 2000. John Kirchner has given us permission to us the airport with the County Commissioner's approval, We Appreciate all that the County Commissioner's Board has done for Immokalee and we know that the citizen's of Immokalee would enjoy a carnival. A percentage of the proceeds will go to projects in Immokalee. I am faxing you copies of contract and insurance pericles. Thank you for your help in this matter. Duane Wheeler Carnival Chairman I 'd ~.BSS-~iS I'II~G) snoH ~t.~q~pue.~,~-I aaTe'4oau~T dOS:'~O 6B BD -s~S AIVI USISNlt tN' 1. ' COUNTY MANAGER PAGE I<[I.)E £](OLN'I'KAQ]'I' Itidea -- Show, Lisko & Sons Amusement Co. . . ,:,W . ,g ..-~ :-... 19/...Nv , _ ar.2 bet..=.eer, Lisk,x. & S,:,r,m ~r,~u~emer, t~ party ,:,~ .zr~ p.rt =r,~.~.//..;~¢~../~ p~rt les ,:,¢ sec,:,r,d p~r~. /~5~.~...=.,,~4~.2.. ;~ ¢...... Tk, e or, tertair'm',er, t t-c, consist of moral and ,-~fined a[t}-act, i,:,ns. C,:,n,Sit. i,:,nt t,:. ~,~ a! follC,~'t; Pat'tv .>~ the ~ir~,art t,:, ~!ve :Said ~i,-mt. part.'f to k, old e~cltl~ive om all rides; pr.z, fessior,~l games; :~;a~i.J ~eC,Dr,,J p~,rty t,i, furnish ticket ~el!er-~;ample police pr,>t-ectic, r,:~.z se~ that ~!! a:J,..ertisir,~ turn!~hed is hu~,~..z,S[,~.J~rt,S ,Jistpibute,J~l, T~r- hist-, ~11.-'~,c.>ur, ty~-~ city llcer~ee;~'.~q e~-~c.r ~-~ ar,,a ;,z, rkin~ f,>,'~z,~,',e) ;a place to ~ark truc}::~ ~n,d s~r,,i's which were used ~,~tk, pc, rt.i~i ag~'~ t.O ~,ork har,,~ in h~n,J to rr:~.k:e b}',i~ evlr~t a :Sh,>ul,~ any ~nf,x, rs~en calamity arise,such as (ire,ilc, o,Js,strike~'recks~ [orr, a,d.z,,~.z~epider,lic~,pp ar, y other act. of Gc, d~t. hiS c,pmtrac% ~t-,a!l be and roi,3. Ir', ca~ ,s,f ~uch ur, fors~en act over wP, ich the party ,>f the Tic'st. party Of the s~C,D~,,~ ~al'%.. T~-~is con&r~ct to b~ a~t.,~m~t ica! !¥ 'per, ewe,~ =-itbef~ r',,2.1~ic~ i~ given within thirty days after present ~>:p!ration date E,'y either part'/. rova~ b,, Ho~,~ o'~,~lce/'o~ pa~ o~ the ~i~-~t part. /! . " ., ~5.-- ,," ¢," Z .., ~ ~r,=,~..i . ~-". ~.. ~... ~% . ~-.'... S i gr, e~ ............ . ........... Fort Party oT,'~he first party ' Signmd ....................... For party of ~cond part JAN 5 OOO 12/10/1999 13:06 9417744010 COUNTY MANAGER PAGE This certi~ica~ n~i~h~ ~i~me~lve~ ~o~ ne~.~t~e~ ame~ds, extenfls o~ ai~ Aha in6urance mede a par~.o~ ~he ~olicg. inc~dea.as.a pe~son.~s~Ted mith ~ ADDRE'~i OF ZNt~IRED: ADD~TXONAL DATE]S; FoOd Produc'l; s: Polic~ pe'riod' s 1 ~ Op_Oi,OO_O_ ...... ~0 ~- - .....--- ~ :-:_L' _. JAN 2 5 2000 $O : o~/~5/00 OO/OO/OO',':' '. OO/O0/O0 - .~ -'COM.~I~i'eZ.N~LE LZMZT Coverage shomn ho~ein applies o~U ~o' ~h0se i~mms:.~ch:ed~led' on o~ enda~e~ ~o Tht~ ce?~i~ica~e ts no~ valid unless an o~g~na! si~a~u~, a~pea~s belom. CCopiee, No~ VaZid) ' ~0 'd dIS:TO 08:06 94177~4~10 COUNTY MANAGER PAGE 82 Immokalee Regional Airport · .:. !-;zz~ ~ U1 Please R.epW IZ1 plzas~ Kettle JAN 2 COUNTY MANAGER PAGE 9d16S79191 Jan, 10 2~0D 8~:5~ December 28, 1999 your "letter '. .r, re'c i c, u.z. 1.x. mentSo ~ddi~ion=] insu.,- rha~ area, refer,' :,::garding the carnival scheduled for February c-.,n the telephone, I wStl need a copy or the Count), Commissioners and the Airport :i:on~:ily, as prevlousl5 mentioned, a check for SRO0. "p~ade fi=ld", is to be utilized. I will draft C'i~b and the Airport Authority once '[ have c.-:.rdlScate of insuzance. , i :-': 01'7. JAN25ZO00 PAGE 04 ~.;},~-;c~-~mbe r 21,1999 : :~';-:;';' i"Jr, ~(irchper. ,:.u:, Boulevard, /;,: ,':,'.':.::;nl~S:~ of the proc,',: ..,: ..... ~:? 'i '~. 2003. Would ',.~: ;rely civic gzoup in h'amokatee, are asking_, if · ~ .',?~- a carnival. The dates are February 10'" :./,~Fld Friday 6pm to 11pm an~ Saturday and the oomp~ny that will have the ddes for . t;'~.;"ough (Allied Specialty Insurance, Inc. .'":,:~'!d, FI. 33706). ,':.:';" off-duty sheriffs to be on the site during the ,. ~]:J~n-up of the site and parking area will be ', :"~.~: tmmokalee Rotary Club. ::; :,}~ proj~'l will go b~tc~ into the community of '. ','h~ county ~mmi~sion~'s age~a on ' :: !elt¢ of app~val to the Rota~ Club of · :,.,~ the Rotary Club. January 13, 2000 Board of County Commissioners Naples, Florida 34112 Dear County Commissioners, The Rotary Club of lmrnokalee, the only civic group in Immokalee, is planning a carnival at the Immokalee Regional Airport. The date fo~ this event will be February 10~ thur 13~', 2000. The hours we will be open are Tt3ursday through Friday 6pm to 11 pm and Saturday ~ Sunday 3pm to 11pm. The Usko & Son Amusement Co. ,Lowellviile ,Ohio ,is the name of the carnival that will provide the rides and games. We are asking for your approval concerning this event. We are also asking that the Application fee, the Occupational fee, and the Security bond be waived. Ail proceeds raised through this event will be distributed throug~ the community of Immokalee. Thank you for helping us with this event. Sinc~ly, Duane Wheeler Rotary Club of Immokalee Carnival Chairman JAN 52000 I llidcs -- Shows Lisko & Sons Amusement Co. LO~V[LL¥1LL~ OHIO C,z,r.~lt. ions t,n b~ a~ ¢oll~w=: F'~rty of the fi~;-t*,art t- -~ve said ~c,z.r,d ¢,~,.~.% c,~ the ~r,z,s~ ,z,~ ri,d~s ar, d $~ .... f,:,,- ~ach c,:,nc~sic, n. .~ z~ .4. ~ d- - -/d/~... ~~ ............................................ F're~!e tic~.:et~ to be ~ettled be ,~r~ ,~,enin~ of celebration. ~,Z,'~ C,D~ . Sai,= ~ecomd party %o fupnish tick!t sellers;ample pc, lice ~-,ihh al] ~.c,Dunt. y~an,~ c~%y !ic~n~e~;~ ~~.s,,' ?~ and p&,'ty ,3¢ the ~ecor, d part. This contract to b~ automatically penewed unles~ written r, otice i~ ~ivem within ~hirty day~ af~e:' ppe~en% expi,'atio~ ,~at~ OY rJ',enti,~ne,3 in this con~rac&,and tha& this contract i~ subject ~o the .,..... . . .... i~ned. ~. ~i~n~ ................... Fo~2 papty o~ the fi?~t party Sign~...'' . ?o? pa?ty of second pa?t JAN 2 5 ZOO0 FROM : CCAA FAX NO. : 9416579191 Jan. 15 2000 04:09AM P4 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail, East, Naples, FI 33962 Telepl~one (AC 813) 774-4434 Jalmary 1 l, 2000 Duane Wheels Rotary. Club of Immokalee PO BOX 5222 Iramokalo~, FL 34142 This lette~ is to conflem that I have ~ tlme ~ to ~ ~ ~ ~ for ~e ~~ ~rnival ~ent ~h~ for F~ 10m ~u~ 13~, 2~0, In r~ie~ng ~e p~n, I ~ci~te ~ ~jor ~w ~r~ment ~. I am ~g e~ ~ls to ~s~t ~ ~c ~ ~e ~ow of~~. Iffy p~en~ ~fl ~ ~ ~! re.lye ~ ~ ~t Sincerely, Lt. Tony Martinflale Colli~ County Immokalee Sub~.tati~ JAN 2 5 2000 CERTIFICATE ~F I~URANCE .... :.-r ~:. -:.5'.~'T5 '?,~th~~ ~rm~'.'vel~j r,o~ ~e~'~iv~ .... =- c' E'::..-'~,'.a~sr a'n~ c~~ n~, 'rig~~ upon · - .,~ ~o~ ~c,~ ~h~ ~r.a~ or iessm~ ~he~m o~ (3;' a municipali~ ~a~%in~ ~he Nmmm~ Insured OO/O0/O0 OO / O0 00/00/00 J ANZSZOOO I __ A ALLIED SPECIALTY INSURANCE, INC. ~R©M : CCAA December 28, 1999 Rotary. Club of Irmnok~ee Arm: Duane Wheeler P.O. Box 5222 Immokalce, t-:L 34143 Dear Mr. Wh. ccler: I have received your "letter of intent" regarding Re carnival sckeduled for February I3t~. As I previously mentioned to you on the telephone, I will need a copy of the insurance certificate listing the Board of County Commissioners and the Airport Authority as additional insured. Additionally, as previously mentioned, a check (bt $$00. For each day that area, referred to as the "parade field", is to be utilized. I will dra/~ tenet of agreement between the Rotary Club and the Airport Authority once I have received these funds and the required certificate of insurance. Sincerely, Airport Manager-Immokalee Regional A. irpor[ JAN % 5 2000 FROM : CCAA FAX NO. : 9416579191 Jan. 13 ] /am. 1J 2000 04:llAM P8 EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF CARDINAL COVE AT FIDDLER'S CREEK AND APPROVE THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Cardinal Cove at Fiddler's Creek. CONSIDERATIONS: The Board of County Commissioners on July 28, 1998 approved the final plat of Cardinal Cove at Fiddler's Creek 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. project cost is $187,288.80, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $159,078.28. The developer has provided a Performance Bond 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: $3816.15 Fees are based on a construction estimate of $187,288.80 and were paid in May, 1998 and are reflected in the Executive Summary of July 28, 1998. Executive Summary Cardinal Cove at Fiddler's Creek Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Cardinal Cove at Fiddler's Creek", 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 "Cardinal Cove at Fiddler's Creek". 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: ~ohn R. Houldswor'th, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ~Mulhere, AICP Plan~ing se~ices Department Director APPR~V~ BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Dat~ Date Date JAN 2 5 2000 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this __ day of ., 1999 between 951 Land Holdings Joint Venture, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS mo 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 know as: "CARDINAL COVE AT FIDDLER'S CREEK" 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: Developer will cause to be constructed site improvements including 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. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $159,078.28, which amount represents 10% 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. o 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. \~Hma_naples\WP~ 1993\ 1993132\ 13284\Const-Maint Agreement 91012.doc 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. A~A ITEM~ JAN 2 5 2000 o 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) noti~~ 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. o 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 require improvements shall continue unless or until the Board accepts maintenance responsibility for and by the county. ° Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for 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. o 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 improvement. 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 cost, 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 bi~ the Developer and the respective successors and assigns of the Developer. \xJ4_ma_naples\WP~1993\1993132\13284\Const-Maint Agreement 91012.doc JAN 2 5 2000 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: f~k~ Printed Name Printed Name 951 Land Holdings Joint Venture a Florida General Partnership By: Gulf Bay 100, Ltd., a Florida Limited Partnership By: Gulf Bay 100, Inc., a Florid942orporation By: Aubrey/(. Ferrao/~s President and n6t indivi~ltlally Attest: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Pamela S. Mac'Kie Approved as to form and legal Sufficiency: \~-Ima_naples\WP~1993\1993132\13284\Const-Maint Agreement 91012.doc AGENDA ITEM JA~q 2 5 2000 (Cardinal Cove) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that 95 l LAND HOLDINGS JOINT VENTURE, a Florida general partnership 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 Bond # 35000063 (hereinafter referred to as "Owner") and GREENWICH INSURANCE COMPPuNY 160 Water Street, 16th Floor New York, NY 10038 (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 Fifty-Nine Thousand Seventy-Eight and 28/100 Dollars ($159,078.28) 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 Cardinal Cove at Fiddler's Creek and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the CounW, and the Owner shall satisfy all claims and demands incurred and shall fully indemmfy and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, 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 t~all and faithhl performance in accordance with the £and Development Regulations. The term "Amendment," whenever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Page 1 of ~ kC~NDk ITEM JAN 2 5 2000 IN WITNESS Wq-iEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2 2 nd day of 0c/-'5~ Y',, , 1999. PRINCIPAL: WITNESSES: 951 LAND HOLDINGS JOINT VENTURE, a Florida general partnership By: GULF BAY 100, LTD, a Florida Limited Partnership, a Partner By: GULF BAY 100, Inc., a Florida Corporation, its General Partner, on behalf of the partnership and itself ^ubrey 57F/~rrao, as ~esident and not individually Name By: By: PARCEL Z, INC., a Florida corporation, a partner [~dI~lvCi~,~a~;, as Pres,dent and not SURETY: GREENWICH INSURANCE COMPANY Name: Scott Adams Title: Attorney-in-Fact Page 2 of 5t AGENDA ITEM JAN 2 5 2000 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before this 2~-day of ~"~')~ 1999, by Aubrey J. Ferrao, President of GULF BAY 100, INC., on behalf of the corporation, general partner of GULF BAY 100, LTD., a Florida limited partnership. He is personally known to me and did not take an oath. Notary Public Commission No. My Commission Expires: (SEAL) STATE OF NEW YORK COUNTY OF NrEW YORK The foregoing instrument was acknowledged before this ~0 day of d%'~/~-J~, 1999, by J. McCarthy, President of PARCEL Z, INC., on behalf of the corporation. He is personally known to me or has produced a driver's license (#. .) as identification and did not take an oath. /pnnt Name: ~v Pub~. Stmt~ of N~w ~'erk i~ / 'Notary Public Ou.,i~.~°~;~'~2[g~ Count,/_ ~/ ConllTliSSiOII No. Commissior~ Expires ,June 20, 20.t7_' My Commission Expires: (SEAL) STATE OF .NEW YORK COUNTY OF NEW YORK On this 22nd day of October , 1999, before me personally came SCOTT ADAMS, who is known to me, or who has produced a driver's license (#NJA 1791694740 960~ as identification, who being duly sworn by me did depose and say that he resides in Menham New Jersey , that he is Attorney-in-Fact of Greenwich Insurance Company, the corporation described in and which executed this instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that the liabilities of said Company do not exceed its assets and ascertained in the manner provided in Section 183 of the Insurance Laws constituting Chapter 33 of the Consolidated Laws of the State of New York. Notary Public: (SEAL) F:\USERS\WANDA\FIDDLERS~CA RD[NAL~PERFORM.BND Page 3 of ~ AGENDA iTeM ~. /~(,';') 5' \ JAN 2 5 2000 Pg,..__._~ GREENXglCH INSURANCE COMPANY STATE OF NEW YORK COUNTY OF NEW YORK On this 22nd day ofOctober . 199 9 before me .a Notary Public within and for said County and State. personally appeared Scott Adams to me personally known, who being duly sworn, upon oath. did sav that he is the Attorney-in-fact of and lbr the Greenxvich Insurance Company. a corporation created, organized and existing under and bv the virtue of the laws of the State of California that the Corporate seal affixed to the tbregoing instrument is the seal of said Corporation: that the seal was affixed; and the said Scott Adams did acknowledge that he executed the said instrument as the free and deed of said Corporation. AGENDA iTEM JAN 2 § 2000 p~. /O G-28-178 GREENWICH INSURANCE COMPANY ~o. POWER OF ATTORNEY :~,tlO~:t ~1[ ..~I ~U :[['I[~S~' ~[-~eT[:[~: :~a! GREENWICH ~NSURANC~ COMPANY. a California corporatmn (the "Corporation"), with offices at One Greenwich Plaza, GreenwiCh. Co~nnecticut, .0683[ has m~,e~con, st~tut~ ariD.appointed. ~'~ Dy these, pr~stlnts does make. constitute and appoint scott Adams, t.,narles ,. Moran, r~eran J. ~loran New York New York ~ts true and lawful Atlorney(si-in-Fact. at ..... ~ me State of .............. anr~ each of them to nave tull power to act without the other or others, to make. execute and deliver on its behalf as Sure~ or ~o-Sure~: bo,~s and undertakings g,ven for any and all purposes, also to execute and deliver on its he.If as afore~id reheats. e~ens~s, agreements, wa~s, consents or slipulat~ons r~at,n~ to suc~ bonos or u~e~k~ngs provided, h~ever, that no single bond or undedaking so made, ex~ut~ and deliver~ shall o~i~te m~o~or~t~.lor any poMlon of the ~al sum mereof m excess of the sum cf ~en ~.non. 10,000,000 ............. ' Dollars ($ .................................... ). Sdch ~nds ~ u~ ~r s~d purples, when duly executeO Dy said A~omey~s)qn-F~t shall be b~ding upon the Corporation as fully and to me sa~ e~ent ~ if ~gned by ~e ProsPero of me ~p~u~ Onder ~a~ ~al a~este~ by its Corporate Secretz~. T~s appoint~nt ~s ma~ under and ay author~ of ce~am reso,~tions aQopte~ c? me B~rd of Directom of t~e Corporatmn at meeting duly called anO ~eld on the 7th day of June. I~, a copy of ?reich appears b~w ~r the hea~ entitled "Cemhcate ' Thi~ Power ~ A~orney is ~gn~ ~ ~le~ by facs~mde unQe~ and Dy ~thor~ of the following res~utmn adopt~ ~ the Board of Dir~tors of the Corporation by Unanimous S~ber 18. t997 ~ saig rose,on has not since been revoked, amenoed c~ RESOLVED. ~at n gran~ng powers of a~orney pursuant to cedain reso -t,ons adopteO Dy the BoarO of Directors of the Corporation at a meeting duly calve6 and hel~ on March 11 1~, me s~g~ture of such O~rectors anO officers and t~e s~t of the Ccmoration may De affixed to any such power of a~orney or any cedifi~te relating there[o suc~ power of a~rney or ce~ifi~te beanng such facs,m,e signature or s~al shmJ De vali~ and binding upon the Corp~tion m the future ~th respect to any bond or uncloaking to This Po~r~fxmre and ~t au~on~ hereun~Call terminate w,thout notice at m~dnight (Standard ~me where ~id A,orney(s)-in-Fact is authorize, to a~), ................................... 19.. 12th June IN WI~S WHEREOF, the Co~r~on has ~u~ these presents to be dun sign~ ~ ~s co~omte ~1 to ~ hereunto affixed ~O a~est~ this ........... d~ of .................... 19 ...... at Gr~nwich, (Co~orate Seat) GREE~ tNSU~N~ COMPANY .. ............. .................. STATE ~C~ ss; ~reenwich ~ ~/~~~,~--~-- June 99 Mary A. Roddy, Vice President / L ............ ............................................. ' ....... ................................................... , ............ "':",- ~... T.~ ~ ._ :~ ~ ~ .... ~, .~..,[. .......................... that (s)~ is a ....................................... of GREE~ICH INSU~CE COMPANY, ~e co,or, on ~ in and ~h~ed ~ a~ve mstru~nt; fha (s)~e ~o~ ~e seal ¢ ~ co~; that ~es~l ~ix~ to ~d instrument is such co~ aa; ~ ~,of ~e~r~ of ~ collation, anO t~t (s~ne si~ his(~) name there~ by I~ or~r. (No'~~~ '"Suz-...-- ~;~res 12,31/99 "~ Greenwich CERTIFICATE My Corem'ssi E p' STA~ ~ CONNECTICUT COU~ 0F F~IEL~ Karen M. Manente Assistant Secretary I .................................................................... ~e ........................................ of GREENWICH INSU~ ~MP~, a ~l~om~ corpo~t~n (t~ "Cor~, ~reby ce~: 1, Th~ ~e original Dower af a~orn~ ~ ~ t~ fareg~ is a ~py was au~ e~ on ~f ~ ~e Corydon a~ h~ n~ s~ce ~en revoked, amen~ or ~; com~red the foregoi~ c~y ~ereo/w~ ~e ~inal Dower of ~m~, and that ~ sa~ ~ a true a~ cor~ c~y of the o~inal po~r of a~omey and ~ the ~le 2. The f~g ~e ~ua'~ ~ch were aaopted by the Boar6 of Directors ef the Cor~aon at a ~ duly c~ ~ held on June 7, 1~9, which r~uti~s ~ve n~ s~ ~n re~ok~, ~ ~ ~~ ~ b~ ~ a~ to ~e, e~, ~ ~d ~ ~ ~ on ~ ~ ~ C~ ~ a~ all ~n~, ~r~ R~,'~UR~:. ~a 'each ~[ ~ indNi~as ~m~ ~b~ ~s a~h~zed to ~nt Aam~s-~-F~t for ~e p~p~ of m~i~, executing, s~ling ~ ~l~nn~ Pon oblig~ons in Sure~.joFCo-Sure~for and on Oehalf of the Cor~rat~on." 3. The undersigned flJrther ~zrtities t~t th~ al~ov~ resolu~ns are true ~d correct copies of ti~ res01u~i~ns as ~ recorded and of the whole thereof. 2 2nd October IN WITNESS WHEREOF, I have hereume set my ~an(~ and affixed t~ corporate seat this ................. day of ................................. A~A ITF.~M GREENWICHINSURANCECOMPANY STATUTORY STATEMENT OFADMITTED ASSETS, LIABILITIES, CAPITALANDSURPLUS December31,~g98 Assets: Investments Bonds Short-term investments $32,520,945 100,000 Liabilities: _3SS 8nd ross adjustment expenses 'Jnearned premiums =unds held under reinsurance treaties Other liabilities $11,043,765 7,602,025 1,903,321 4,461,522 Total Invested Assets 32,620,945 Total Liabilities 25,010,633 Cash Agents balances or uncollected premium Funds held by or deposited w~th reinsurance companies Reinsurance recoverable on loss and loss adi. expense payments crued interest and dividends Other admitted assets Total Admitted Assets 10,248.734 Capital and Surplus: Capital stock 1,033,938 Pard-in surplus 3,616,384 Jnassigned surplus 1,582,134 718,029 Total Capital and Surplus 11386,488 Total Liabilities, $51,206,652 Capital and Surplus 3,558,100 21,915,853 722,066 26,196,019 $51,206,652 I, John B. Wong, Vice President and Controller of Greenwich Insurance Company, (the "Corporation") do hereby certify that to the best of my knowledge and belief, the f~egoing is a full and true Statutory Statement of Adm,tted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 1998, prepared in conformity w~th accounting practices prescribed or permitted ~y the Insurance Department of the State of California. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon written re(~uest at the Corporation's principal office located at One Greenwich Plaza, Greenwich, Connecticut 06836. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation at Greenwich. Connecticut. ~~r~ler JAN 2 5 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TERRANOVA OF PELICAN MARSH UNIT ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Terranova of Pelican Marsh Unit One", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Terranova of Pelican Marsh Unit One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any · emaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat "Terranova of Pelican Marsh Unit One" be approved for recording. of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1'73,140.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $92,860.00 b) Drainage, Paving, Grading - $62,780.00 The Security amount, equal to 110% of the project cost, is $190,454.00 Executive Summary Terranova of Pelican Marsh Unit One Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3,602.79 Fees are based on a construction estimate of $173,140.00 and were paid in October, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 449.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 313.90 Drainage, Paving, Grading (.42% const, est.)- $ 463.51 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 941.70 Drainage, - $1434.68 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 "Terranova of Pelican Marsh Unit One" for recording with the following stipulations: Approve the amount of $190,454.00 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. Executive Summary Terranova of Pelican Marsh Unit One Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rob~t. Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date v'~NDE'RSt~ (c.R. 8~e) ,, N APLES-It~MO~ALEE ROAD '~'~¢,.~.,(_ 27 i - 6 .... :~-~- SITE , 34 ' ' 3 LOCATION MAP'; (N.T.S.) EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TERRANOVA OF PELICAN MARSH UNIT TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF T}~E PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Terranova of Pelican Marsh Unit Two" a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County,' Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Terranova of Pelican Marsh Unit Two" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total --cost of the required improvements, and 100% of the cost of any ema~ning improvements, together with a Construction and Maintenance .~greement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat "Terranova of Pelican Marsh Unit Two" be approved for recording. of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $153,576.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 49,534.00 - $104,042.00 The Security amount, equal to 110% of the project cost, is $168,933.60 Executive Summary Terranova of Pelican Marsh Unit Two Page 3 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: $3,229.21 Fees are based on a construction estimate of $153,576.00 and were paid in October, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 449.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction'Drawing Review Fee Water & Sewer (.50% const, est.) $ 247.67 Drainage, Paving, Grading (.42% const, est.)- $ 436.98 Construction Inspection Fee Water & Sewer (1.5% const, est.) $ 743.01 Drainage, $1352.55 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 "Terranova of Pelican Marsh Unit Two" for recording with the following stipulations: Approve the amount of $168,933.60 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. Executive Summary Terranova of Pelican Marsh Unit Two Page 3 PREPARED BY: John R. Houldsworth, Senior Eng-ineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rober%.'tMulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Dar% Date Date VANDF_RglL T N APLES-IblMOKALEE ROAD 28 ~ ' 27 ~ ll i PROJECT ~--'L: / II SITE ,, LOC~ii0 ~ ~-,~_7 N .MA.P.,,-. (N.T:S.)., I I IIII II I I II. I~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TERRANOVA OF PELICAN MARSH UNIT THREE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Terranova of Pelican Marsh Unit Three", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Terranova of Pelican Marsh Unit Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total ~cost of the required improvements, and 100% of the cost of any -emaining improvements, together with a Construction and Maintenance agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Terranova of Pelican Marsh Unit Three" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $110,448.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 38,298.00 - $110,448.00 The Security amount, equal to 110% of the project cost, is $121,492.80 AC~.NDA ITF..~ JAN 2 5 2000 Executive Summary Terranova of Pelican Marsh Unit Three Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2454.94 Fees are based on a construction estimate of $110,448.00 and were paid in October, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $448.00 b) c) Paving, Grading (1.3% const, est.) ~--- ~ROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $191.49 Drainage, Paving, Grading (.42% const, est.)- $303.03 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $574.47 Drainage, - $937.95 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 "Terranova of Pelican Marsh Unit Three" for recording with the following stipulations: Approve the amount of $121,492.80 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. JAN 2 5 2000 Executive Summary Terranova of Pelican Marsh Unit Three Page 3 PREPARED BY: John R. Houldsworth, Sen'ior Engineer Engineerin~t Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rober~/Mulhere, AICP Planning Services Department Director APPROVED BY :/ Vincent A. Cau~ero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date D~t~ Date Date AGF_.~A ITEM JAN 2 5 2000 28 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.693 (MOD.) REDBIRD ESTATES EXCAVATION LOCATED IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH, THE EAST AND THE WEST BY AGRICULTURAL ZONING AND ON THE SOUTH BY REDBIRD LANE R/W AND AGRICULTURAL ZONING. OBJECTIVE: To issue Commercial Excavation Permit No. 59.693 (mod.) for Redbird Estates Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 93,274 C.Y. to be hauled off-site. A Conditional Use for this project was approved by the Board at its January l 1, 2000 meeting. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Community Development Fund Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $6,871.00 The breakdown is as follows: a) Excavation Review Fee- $ 850.00 b) Excavation Permit Fee - $ 338.00 c) Road Impact Fee - $ 5,683.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the issuance of Commercial Excavation Permit No. 59.693 (Mod.) for Redbird Estates Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 20 fi. below top of bank. All distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below the dry season water table. Off-site removal of material shall be limited to 93,274 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5,/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. Where groundwater is proposed to be pumped during the excavation operation, a Dewatering Permit shall be obtained from South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. Stockpile side slope shall be at a maximum of4:1 unless fencing is installed around the .entire perimeter of the stockpile area. I0. Any stockpile in place for a period of exceeding 60 days shall be seeded and mulched and erosion control device installed. REVIEWED BY: TItOMAS E. KUCI~ P.E. ENGL~EERING REVIEW MANAGER ROBE~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR i~~~ V~ .ED BY: ~C~; A. 'CAUTERO, AICP, ADM~IST~TOR COMMUNITY DEV. AND E~ONMENTAL SVCS. OAYE ' DATE DATE SC/den/h:,CMane's EX SUMMARIES COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a mad condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, mad impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. o The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy mick loadings leaving the permit's property conform to the appIicable weight restriction. o The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIItlT "B" Page On~ of Two o Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: ho Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. Do The right of the County to sUSPend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportatio' Services Administration applicable to proper mitigation of off-site impacts, meeting applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 9 l- 102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two LOCATION MAP EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ANA'S PLACE" OBJECTIVE: To approve for recording the final plat of Ana's Place, a subdivision of lands located in Section 18, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Ana's Place". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Ana's Place" be approved for recording. 'ISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ~o. /g tWl I o ~ Executive Summary Ana's Place Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Ana's Place" with the following stipulations: 1. Authorize the recording of the Final Plat of "Ana's Place." P~PARED B.Y: John R. Houldsworth, 'Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robe~AICP Planning ~ervices Department Director APPR , BY: Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date JAN 2 PL~T BOOK P~GE SHEET 1 of 1 VICINITY MAP NOT TO SCALE ~u 2 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CLUB ESTATES REPLAT" OBJECTIVE: To approve for recording the final plat of Club Estates Replat, a subdivision of lands located in Section 10, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Club Estates Replat". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Club ._.Estates Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. AGE ~ JAN g 5 2000 Executive Summary Club Estates Replat Page 2 RECOM~4ENDATION: That the Board of County Commissioners approve the Final Plat of "Club Estates Replat" with the following stipulations: 1. Authorize the recording of the Final Plat of "Club Estates Replat." PRF~PARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Engineeping Review Manager Rob~u 1 he/r~e', AICP Planning Services Department Director ~;incent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Date Date Date ^GEN~_ ~Z~ II No. JAN 5 ?000 T BOOK 21, PAGES 7~ ~HIP 50 SOUTH, RANGE 'J'J-11Y. U U C~M 26 EAST, COLLIER CO O. · 11 F PROJECT LOC~TION SECTION JAN 2 5 2000 LOCATION MAP NOT TO SCALE DESCRIPTION OF LANDS PLATTED )F LOTS 1 THROUGH 28, AND ALL 0:- TRACT "B", TRACT "C" AND Pg' - "D" OF CLUB ESTATES, A SUBDIViSiON AS RECORDED IN PLAT BOOK 3!, 5 78 THROUGH 80, OF THE PUBLIC RECORDS, COLLIER COUNTY, FLORIDA. EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $47,838.00 FOR ROADWAY AND TRAFFIC SIGNAL IMPROVEMENTS AT VANDERBILT DRIVE (CR 901) AND WIGGINS PASS ROAD (CR 888). OBJECTIVE: To obtain Board approval of a Professional Services Agreement Work Order with WilsonMiller, Inc., in the amount of $47,838.00. CONSIDERATIONS: On October 13, 1998, the Board approved Agenda Item 16(B)(5) for the selection of traffic engineering consultant firms, and the requisite fixed-term agreements were executed by the Chairman. The Transportation Services Department now wishes to enter into a Work Order for Professional Services for the Intersection and Traffic Signal Improvements to Vanderbilt Drive at Wiggins Pass Road. WitsonMiller, Inc. has submitted a proposal in the amount of $47,838.00 for this work and Work Order #TE-98-WM-07 was prepared (Attachment #1). In addition to the signal improvements, the intersection improvements include the widening of both Vanderbilt Drive and Wiggins Pass Road to provide for turn lanes. This widening will require additional professional design services, thereby bringing the design costs above the staff-level work order limit of $25,000. FISCAL IMPACT: Funds are available in Road and Bridge Construction Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to accept the Professional Services proposal submitted by WilsonMiller, Inc., and enter into a work order with same in the amount of $47,838.00 for the roadway and traffic signal improvement plans for Vanderbilt Drive at Wiggins Pass Road. SUBMITTED BY~ Manager REVIEWED BY: Services Director APPROVED BY~ ~.~dwa~ N. Fir Interim Public m, Works Administrator DATE:{41 ~ DATE: !~ ~/- 07~ DATF~.//~~ Attachment(s): Work Order #TE-98-WM-07 I 25 2000 I l P~- I WORK ORDER #TE-98-WM-07 Agreement for Fixed Term Professional Traffic Engineering Services Dated October 29, 1999 (Contract #98-2803) This Work Order is for professional traffic engineering services for work known as: INTERSECTION/SIGNALIZATION IMPROVEMENT AT VANDERBILT DRIVE AND WIGGINS PASS ROAD. The work is specified in the proposal dated January 3, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order ~TE-98-WM-07 is assigned to: WilsonMiller, Inc. Scope of Work: As detailed in the attached Proposal dated January 3, 2000. Schedule of Work: Complete work as required by the bid schedule and within 120 days of the Notice to Proceed authorizing the start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated amount as indicated in the schedule below. Plans & Specifications Permitting Post Design Services Reimbursable TOTAL FEE $38,074.00 Lump Sum $ 3,972.00 T/M/E $ 4,792.00 T/M/E $ 1,000.00 T/M/E (Prints, Travel, etc.) $47,838.00 Not-to-exceed without written authorization Any change within monetary authority of this Work Order made subs,equent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Dal~}hon, m.E.~Trg~{ic ~Catip~ager Date 'Edward J. Kant, P.E., ~~{ion Services Director Date Date: ~ WilsonMiller. Inc. Consultant ATTEST: (Corporate Secretary) By: By: Type Name and Title Type Name and Title AG£NDA II£M . JAN 2 5 2000 PG. ~ EXECUTIVE SUMMARY APPROVE A RESOLUTION TO RESTRICT RESIDENTIAL DRIVEWAY CONNECTIONS ON COLLECTOR AND ARTERIAL ROADWAYS IN THE GOLDEN GATE ESTATES AREA. OBJECTIVE: To maximize roadway capacities and to provide for safer turning movements by minimizing the number of residential driveway connections on collector and arterial roadways passing through the Golden Gate Estates area. CONSIDERATION: Turning movements on collector or arterial roadways add a potential conflict for drivers along with a reduction in overall capacity at each intersection. Staff proposes to regulate such turning movements by restricting them to existing side street intersections rather than permitting residential lots with access to both the arterial/collector system and to the side street. Restricting access to the side street removes slow turning vehicles from the travel lanes completely. To assist motorists who may be required to use the non-arterial access, turn lanes will be installed where feasible as the arterial/collector roadway network is improved throughout the Golden Gate Estates area. FISCAL IMPACT: No fiscal impact is anticipated from adoption of the proposed resolution. GROWTH MANAGEMENT IMPACT: No growth management impacts are expected. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, adopt the attached resolution, authorize its Chair to execute same, and instruct the Clerk to record said resolution in the public records of Collier County, ]jlohd~. Edw~_~JT_ ~ortation Director APPROVED B~.,~'"i nn,C"~terim ;"belie Works Administrator DATE: /, -/~'~/ Attachments: No. 1 - Proposed Resolution 5 2000 1 3 4 5 6 7 8 9 10 11 RESOLUTION 00- A RESOLUTION RESTRICTING DRIVEWAY CONNECTIONS ON GOLDEN GATE BOULEVARD, WHITE BOULEVARD, EVERGLADES BOULEVARD, DESOTO BOULEVARD, WILSON BOULE, VARD, OAKES BOULEVARD, LOGAN BOULEVARD, 39TM STREET SOUTHWEST AND GOLDEN GATE PARKWAY BETWEEN LIVINGSTON ROAD AND INTERSTATE 1-75, AND PORTIONS OF IMMOKALEE ROAD. WHEREAS, Golden Gate Boulevard, White Boulevard, Everglades Boulevard, DeSoto Boulevard, Wilson Boulevard, Oakes Boulevard, Logan Boulevard, 39"' Street SW, Golden Gate 12 Parkway between Livingston Road and Interstate 1-75 and portions of Immokalee Road in Golden 13 Gate Estates are collector and arterial roadways which intersect with numerous residential side 14 streets in Golden Gate Estates; and 15 WHEREAS, driveway connections on said collector and arterial roadways disrupt traffic 16 flow on the collector and arterial roadways and increase the number of traffic accidents; and 17 WHEREAS, the Board of County Commissioners has determined that it is in the best interest 18 oF the motoring public to minimize the number of new driveway connections on the above- 19 referenced collector and arterial roadways in tile Golden Gate Estates. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that as of the date of this resolution, new 22 residential driveway connections will not be permitted on the above-referenced roadway segments in 23 Golden Gate Estates if the unimproved property which is being developed also has legal access on a · 24 residential side street· 25 This Resolution adopted after motion, second and majority vote favoring same. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Daled: ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Chairman Approved As To Form and Legal Sufficiency: Heidi F. Ashton Assistant County Attorney h hg/hfa]l}(I Rcsolutiun Faf that/GGlllvd I)rlvewa) Conncctmn~, pATTACH ENT NO. / AGENDA I T£1*,~ JAN 2 5 PG._ EXECUTIVE SUMMARY APPROVE A RESOLUTION TO AUTHORIZE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: Approve a Resolution to authorize execution of a Local Agency Agreement with the State of Florida Department of Transportation (FDOT). CONSIDERATIONS: The Federal Highway Administration (FHWA) has delegated authority to the FDOT for approving project development and construction administration under certain conditions. FDOT has the further option of delegating this authority to qualified local agencies through Local Agency Certification (LAC). Benefits of LAC to a local government include savings in time and money as a result of being in a position to design and contract for projects which would otherwise have to go through the FDOT Work Program process. LAC requires local agencies to commit sufficient staff and other resources to project administration to ensure that all applicable state and federal requirements are met. Among the types of projects for which LAC would be of benefit to Collier County are: The Bayshore Beautification MSTU has received a $200,000 federal grant for FY 04-05. Becoming LAC certified would be an advantage to the County in accelerating the work to be performed and allowing it to be done with the main Bayshore Beautification project.. · Pathway projects including Goodlette Road fi'om Golden Gate Parkway to 26th Avenue North (FDOT FY 2004), Santa Barbara Boulevard from Golden Gate Parkway to Green Boulevard (FDOT FY 2003-2004). · Additional landscaping work in downtown Immokalee (FDOT FY 2004-2005) The foregoing project listing is not meant to guarantee that the work would be performed by Collier County, but is iljustrative of the type of project for which Collier County would have better control. FISCAL IMPACT: None at this time. Future capital projects would be listed along with all other such projects and permitted to compete for local funding, with FDOT reimbursement; during the normal budget process. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a Resolution authorizing execution of a Local Agency Agreement with the State of Florida Department of Transportation'; authorize the Chair to execute the Agreement on behalf of the Board; and, authorize staff to process any documentation necessary to carry out the Board's intent. PG. i tt., Executive Summary Approve Local Agency Certification Resolution Page 2 of 2 PREPARED BY: ~ Daniel DeCesare, Engineer H REVIEWED BY: ~Bibby, P.E., Public Works REVIEWED BY: APPROVED ; ~ngin~g Director Edward J~ant, .~l~l/~ervices Director ./ ..... .. /.//.,:~ ) BY: " __ DATE: ////'~//c'~ ~-~ DATE: DATE: ' ' c" Attachments: No. 1 - Proposed Resolution No. 2 - Proposed LAC Agreement with FDOT JAN 2 5 Z00O RESOLUTION NO. 00- A RESOLUTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT BETWEEN THE FLORIDA DEPA.RTMENT OF TRANSPORTATION AND COLLIER COUNTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation ("FDOT") and Collier County ("the County") desire to facilitate the design, construction and inspection of roads, sidewalks, drainage systems, trails and landscape projects in Collier County; and WHEREAS, the FDOT has requested that the County execute and deliver to the FDOT, a Local Agency Agreement ("Agreement") for the aforementioned projects. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that the Chairman and Clerk of the Board of County Commissioners be and are hereby authorized to make, execute, and deliver to the FDOT, an Agreement for the aforementioned projects after approval of the agreement by the County Attorney's office. This resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, this , 2000. day of__ ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal Sufficiency: ~ Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman JAN 2 5 2000 b.5' 3 LOCAL AGENC"~ I N AGREEMENT COLLIER COUNTY BOARD OF COUNTY CO~ISSIONERS · _ ~,~,!e-t. the Federal The nc:ed agency hereby agrees to comply with the foltowfnG recuiremer',ts when deve!c¢inc a:,] '~'~'i "= on ~ ~c H[Gnv.'ay Systems: The Local Agency Program Manual and allpm,c,_.'~ :== anc' GuiCeiines promulgated b'/ tnt State of Fiorida Depa~ment of Trar',spo~afion (FDOT) Which acccr-,siisn ~h, polices and c:s3ectives sc:. fc~h ir-, Title 23, U.S. Code. HiGhways ,=nd the Regulations issued Pursu,=nt There.:z. The over,=!l approval authorities and conditions will bt ~s follows: a. Thc cosigns will be reviewed and approved by ~'--,,,= fcilcwing S~a:e cf Ficrids rez:::ered_ Professions! EnGineer. PUBLIC WORKS ENGINEERING DEP.~qTMENT DZ,=LECTOR OR DESIGNEE Position Title Only Thc he,=ring's findings (if required) will be revievge: ,=nC a~:roved by the follcwin~ cff'iCai cr offislaJs. PURLIC WORKS ENGINEERING DEPART~LENT DN~ECTOR OR DESIGNEE Poskion TitJe or Tittes Only The ocntra.:t plans, specifications ,=nd estimate c-' cost ,¢,,i:,: be reviewe: an= .~::r:ve.: ~-,,, mt fci!c, winG S~,=te cf Ficrid,= registerec Professicn,=i Engineer. PUBLIC WORKS ENGINEERING DEP.~=RTM£N-T DiREcTOR OR DE._~=CE~ Position Title or Titles C.r. iy ~ Acreemezts will b= sick, ed by the fcltowin.c -:-~"*:~"= (21 Utii[ry C~aIP~_BOARD _OA. ~IE~%_OOD~-TY _COS3115SiO}NRS__ Pc. sifion Tibia Cai':' (3} Csnsu!tant CHATP, nf~Apr> OP C. QLT,TR~_COr,,~.. 2Ci~HT~F!ONR,~F ............ Position Title Oniy CHAIR, BOARD OF COLLIER COUNIT_ COM14iSSiON~RS Position Tkle Only Tnt award cf con[rat: wiii be sianed ~v thc fcilcwin_= res.=cnsibie Q.~Ik.T_R.,_ ~_QE ~O~ C._'RM~iSS ZONERS Fcsiticn Tit~e cr Tit:cs If C':.ere ,=re DEE -" ; ...... = - _ u,= _ r=,., =.,,=.,~_ on = project, the ,c!]c',',':n¢ wi',i be '~'- DB= Ii,=.=::' :fiNe.. PUBLIC WORKS ENGINEERING DEP.~_RTN~ENT' DIRECTOR OR DESIGNEE Position Title JAN 2 5 . on LUUU _'~ , All projects wilt be deeLaned and constructed in csnfc:manca with the requirements of the Local Agent'/ Program Manual. The Contract Administ~ticn will be~,..,.e~L=~~'"~ '~-'~ by '"-u,= fcilc',vinc. State of F!orics recis~ersC_ ?cfessicns: Engineer. PUBLIC ~S ENGI~ING DEP.~T~ Di~C~R OR DESIRE Position ~tie Only Cons~ruCicn Acministr~-tion and Mate~'.a~ Sampling= an; Test:nc wiil be a.::smp![sned in a:ccrcance ,,,,,i:h the :equirement cf the £oca/4gency Program Ma.nua'. The aoencv aarees that they have the means to provide a"ecua.'.e ex2e~ise ant '¢vH] have :',?, - ~',,aiiabie to pedcrm the functions being subde!eg~eC, T~e suc:c~ staff may incuce ccnsu~t~m cr ,:;cjec: ?ss~ectus. F. rcjec:s un'~=: .... Lcc.--i Agency C~.~ific~dcn ah:ali be ava:s:,=" - fo: rev!ev/ by. the FH",'."A ant amc a~! 2reject dccumer.[s ~-;' ~= rer~ine: an2.-',-= ..... =- = '--~, Jrt' ....... ~-=-'~.-~, curinc_ ,.~e ::~n ~='__.='- ..... ...... =.,~ ~-~ =:ns?~c:~cn stages amc fcr= three '/e~r period fcdcwin¢ ~::~::;nc~ cf :~e ;rcje,=: ;7 r= ,¥~.. Mayor or Cha:,:Tm, ,an STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION The Lo-.~i ;,:ant',' ¢s csmJfied in the fei!owing A.p?cve: E ,.: j ,lAN 2 5 Z00O i EXECUTIVE SUMMARY APPROVE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES BY HOLE, MONTES AND ASSOCIATES, 1NC. FOR LIVINGSTON ROAD IMPROVEMENTS NORTH OF IMMOKALEE ROAD. OBJECTIVE: To ensure that construction of Livingston Road north of Immokalee Road is undertaken with appropriate engineering inspections for quality and cost control purposes. CONSIDERATIONS: Livingston Road between Immokalee Road and the Lee/Collier line shall be financed and constructed by Long Bay Partners, LLC (LBP), pursuant to a Board approved Developer Contribution Agreement (DCA) dated February 17, 1998 (as amended thereafter). As reported to the Board on December 14, 1999 under Agenda Item No. 16(B)16, staff has substantially completed the design, permitting, and right-of-way acquisition functions in accord with the amended February 17, 1998 DCA. Design stage activities are now 95% complete, and designated right-of-way for roadway and utility construction has been fully acquired through the eminent domain processes. The U.S. Army Corps of Engineers and the South Florida Water Management District have also recently approved modifications to the original environmental permits. Moreover, LBP has already mobilized equipment to the project site to begin land cleating and grubbing activities. A formal groundbreaking ceremony is planned to occur on January 20, 2000 to publicly announce the start of construction. Another activity being concluded by staff in preparation for construction relates to Construction Engineering and Inspection (CEI) services which shall be provided by Hole, Montes and Associates, Inc. Such services are the full cost responsibility of Collier County as specified in the originating DCA with LBP, and in the Board approved Supplemental Agreement with Hole, Montes and Associates, Inc. dated April 5, 1999 for the design of Livingston Road. The scope and cost of CEI services for roadway and utility improvements have been negotiated and accepted by staff as summarized below: CEI SER VICES B Y HOLE, MONTES AND ASSOCI.4 TES, INC. Task No. CEI Service Task Description Amount of Negotiated Fee (Road and Utilities) rn 17.01 Pre-construction Conference $1,170 Road $270 Water $220 Sewer rn 17.02 Site Visits (Engineer) $29,130 Road $3,850 Water $2,610 Sewer · ~- 17.03 Resident Pr6ject Representative $148,750 Road $28,890 Water $19,260 Sewer ~ 17.04 Shop Drawing Reviews $15,950 Road $2,205 Water $1,485 Sewer · ~- 17.05 Design Clarifications $32,190 Road $5,650 Water $3,680 Sewer <. 17.06 Material Quality Assurance Testing $66,860 Road $4,483 Water $3,005 Sewer ca 17.07 Semi-Final and Final Inspections $2,465 Road $285 Water $370 Sewer ca 17.08 Record Drawings and Certifications $14,040 'Road $2,535 Water $1,775 Sewer · :. 17.09 Post Construction Warranty Inspections $2,075 Road $240 Water $285 Sewer · :. 17.10 Reimbursable Out-of-Pocket Expenses $6,300 Road $1,250 Water $850 Sewer · :. 18.01 On-Site Exotic Plant Species Control $8,380 Road $0.00 Water $0.00 Sewer o:. 18.02 On-Site Supplemental Wetland Plants $6,330 Road $0.00 Water $0.00 Sewer · :. 18.03 Gopher Tortoise Relocation $5,430 Road $ 0.00 Water $0.00 Sewer Total Amounts For Roadway, Water and Sewer = $339,070 Road $49,658 Water $3 ~O-~m*~;' Total Maximum Fee For All CEI Services = $422, 268 ~'-'-.-~-~' I A {~! *'"' Executive Summary --- Page 2--- Livingston Road CEI Services Staff recommends that the Board approve the foregoing fee structure for conventional CEI services in the total maximum amount of $422,268. The roadway related fee amount of $339,070 approximates 8.83% of the estimated construction cost ($3,838,300) as listed in the DCA. CEI service fees for the water main ($49,658) and sewer main ($33,540) components are approximately 5.80% and 5.37%, respectively, of the estimated utility construction costs. Since the application of CEI resources vary throughout the construction period as determined by contractor schedules and weather conditions, the negotiated service fees reflect the need to directly control consulting costs. In this regard, the above table of fees is qualified as follows: [] Task items designated as Lump Sum Fixed Price fees. o~o Task items designated as cost-not-to-exceed fee amounts. FISCAL IMPACT: Gontract CEI services by Hole, Montes and Associates, Inc. have been programmed and budgeted as part of funding requirements for implementing the Livingston Road project. Funds are available in the current year budget for both the transportation and utility construction categories of the CEI services. Fund 331 for Road Impact Fee District 1 shall support the roadway related CEI services in the amount of $339,070. Similarly, utility Fund 411 (Water Impact Fees) shall support CEI services for the water main facility in the amount of $49,658, and utility Fund 413 (Wastewater Impact Fees) shall support CEI services for the (sewer) force main component of the project in the amount of $33,540. Funding source for Roads, Water, and Wastewater are Impact Fees. _ GROWTH MANAGEMENT IMPACT: The construction of Livingston Road is consistent with the County's Growth Management Plan. This project is shown on the Year 2020 Roadway Needs Network Plan as well as the Year 2020 Roadway Financially Feasible Network Plan. RECOMMENDATION: That the Board of County Commissioners, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District: (1) approve the total negotiated fee of $422,268 for Livingston Road Construction Engineering and Inspection services; and (2) direct and authorize appropriate staff in the Public Works Division to prepare and execute a Supplemental Agreement with Hole, Montes and Associates, Inc. to effectuate the required contract services. '/'"._ SUBMITTED B .:Vladimir A. Ryziw, P.E ect Manager III Publi. c Works Engineering Department '/ .... /", 'A/ "9 .~_ {-< "-,- Date '.' ' REVIEWED BY: ./' ., ' JeffBibby, P.E., Director' Public Works Engineering Department REVIEWED BY: Date Edward J. Kant, P.E., Director Trans. poreatirn Services L-'~p~ent APPROVEDBY'~-' /''~) ./ / Date ?ara 'ixL/'Fi~ierim Pll~bl, i~/W. of'ks Admfil'~strator · .lAN ,~ 5 ~uu0 EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT TO COMPLETE THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION. OBSECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District accept a Utility Easement from Olde Florida Golf Club, Inc. to complete the North County Regional Water Treatment Plant ("NCRWTP") 8-mgd Expansion, Project 70859/70828. CONSIDERATION: On February 3, 1998, the Board adopted Resolution No. 98-30, Resolution No. CWS 98-1 authorizing the Gift, Purchase or Condemnation of property for the construction of well sites required for the NCRVVTP 8-mgd Expansion Project. During the construction of one of the well sites, the County's contractor encroached three (3') feet onto the property beyond the easement area that the Collier County Water-Sewer District had previously acquired. Although no formal written agreement exists between the contractor and the property owner, other than a letter of acknowledgement from the contractor to the property owner, compensation in the amount of One Thousand ($1,000) Dollars was mutually agreed upon by both parties as payment for said encroachment. The contractor has already compensated the property owner. As a result, the property owner, Olde Florida Golf Club, Inc. has agreed to convey the necessary easement to the Collier County Water-Sewer District. The necessary document (utility easement) to conclude this transaction is attached. FISCAL IMPACT: The total cost of recording shall not exceed $50.00 and shall be paid by the County. Funds are available in Project # 70859. Water Impact~ Fee Fund. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board: .;cept the Utility Easement granted to Collier County Water-Sewer District from Olde Florida Golf Club, Inc.; (2) Authorize Staff to record the Utility Easement and all appropriate documents to clear title in the Public Records of Collier County, FIj~ida. Toni'A.~'M6tt, ~enior~peciaJist - Real Property Management Department REVIEWED BY: Peter Schalt, PMP, Project Manager ~:~lic Works~E, ngineerin~g Depa~ment /~eff Bibby, P.E., Directod v Pubr Wor s Engineering~pa~ment P~I Maffausch, Water Director APPROVED BY: ~ Ilsch~r, Ad~ni~ator/ ~lic Works Division JAN 2 5 2000 PROJECT: NCRVVTP PARCEL: 906 UTILITY EASEMENT THIS EASEMENT, made and entered into this IL~~'~ day of /¥0¢e,~4(-~ , 19~, by Olde Florida Golf Club, Inc., a Florida corporation, whose address is 9393 Vanderbilt Beach Road Extension, Naples, Florida 34120, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials [including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder] for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. ~ IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: ~/~~ (Signature) (Printed Name) Olde Florida Golf Club, Inc., a Flodda corporation By: ~ T.~,~resident STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me on this /~ day of z~2/~3z~, 1999, by T.J. KUKK, Presid~n behalf of Olde Florida Golf Club, Inc., a Florida corporation, who is~ known to me or has produced as identification. (Affix notarial seal) . ~.--~/yTz,.~=~ .,~/w.,~, (~4'~.~-~/ signature of Not-arY~Public- ~' Pdnt Name of Notary Public Serial/Commission No. My Commission Expires: ~'~ th? Count~ Attorne~ F~:~ ~i~mi Trail 774-8400 EXHIBIT.~ P.m__.,t- otL.. DESCRIPTION OF PROPOSED WELL EASEMENT A PROPOSED WELL EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF SECTION 31, TOWNSHIP #B SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF TRACT 11.3 N, UNIT 7, GOLDEN GATE ESTATES, PLAT BOOK 4, PAGE 95; THENCE N 87'07'40" E A DISTANCE OF 10.00 FEET; THENCE N 02'52'20" W A DISTANCE OF 23.00 FEET; THENCE S 87"07'40" W A DISTANCE OF 20.00 FEET; THENCE S 02°52'20" E A DISTANCE OF 2.3.00 FEET; THENCE N 87'07'40" E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONT~IVIt~ 0,017 OF AN ACRE OF LAND MORE OR LESS; SECTION 31 T48S R27E __ S 87'07'40"W WELL , 20. O0 lo. aa I _..'~-P ~ B 112 II15N N6R'~SrCOR~ER OF ~ACT 113N .f NOT A SURVEY for: COLLIER COUNTY, FLORID,A Iproject: N,C,R.W.T,P. I WELL EXPANSION title: SKETCH & DESCRIPTION OF WELL EASEMENT -~ ', n nmw~-'~G N OL1 m===~ARBER & Professional engineers, planners, & land surveyors date: APRIL 28, 1999 scale: book: I" 30' -- page: project scad: 516.3-- W1 no.: 7086 tech: 7086 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WILSONMILLER, INC., AGNOLI, BARBER AND BRUNDAGE, INC., COASTAL ENGINEERING CONSULTANTS, INC., SOUTHERN MAPPING, INC. AND WILKISON AND ASSOCIATES, INC., FOR THE FIXED TERM LAND SURVEYING AND PHOTOGRAMETRIC SERVICES (RFP 99-2981) OBJECTIVE: That the Board of County Commissioners, approve a negotiated Professional Services Agreement with WilsonMiller, Inc., Agnoli, Barber and Brundage, Inc., Coastal £ngin¢cring Consultants, Inc., Southern Mapping, Inc. and Wilkison and Associates, Inc., to perform land surveying and photogramctric services pursuant to RFP 99-2981, CONSIDERATION: On December 14, 1999 as Agenda Item 8(B)(1), the Board approved the selection of WilsonMiller, Inc., Agnoli Barber and Brundage, Inc., Coastal Engineering Consultants, Inc., Southern Mapping, Inc. and Wilkison and Associates, Inc,, Southern Mapping, Inc., for providing land surveying and photogrametrie services on an as needed basis and authorized staff.to negotiate a professional services agreement. Staff has negotiated the fees with the consultants WilsonMiller, Inc., Agnoli, Barber and Brundage, Inc., Coastal Engineering Consultants, Inc., Southern Mapping, Inc. and Wilkison and Associates, Inc. FISCAL IMPACT: Funding for land surveying and photogrametric services shall be provided by each user division, and contracted by a work order and purchase order funded by the using agency. GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners, approve the Fixed Term Land Surveying and Photogrametric Services Agreement with WilsonMiller, Inc., Agnoli, Barber and Brundage, Inc., Coastal Engineering Consultants, Inc., Southern Mapping, Inc. and Wilkison and Associates, Inc. RFP 99-2981 and authorize the Chairman to execute the Agreement, after review by the County Attorney and Risk Management Department. SUBMITTED BYe., ~.,~t'~, ./~"~c-~.~' - , Date: ?'~ Ju~ Ci ~d~s Minor, P.E., Senior Project Manager Public Works Engin~fing Dep~ment ~~D BY: Date: ~/Jeff Bibby, P.E., Direct~ Public Works Engineering Dep~ent Ste~e ~ell~ir~tor ~PRO~DBY' ~__ ~ _ ~/... Date: JAN 2 5 2000 EXECUTIVE SUMMARY APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR IMMOKALEE ROAD (1-75 TO C.R. 951) FOUR LANE IMPROVEMENTS, RFP #99-2996. OBJECTIVE: To receive Board's approval of staff's ranking of firms for the Immokalee Road Construction Engineering Inspections Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On October 8, 1999, the County Administrator appointed a selection committee to review the proposals for RFP #99-2996, Construction Engineering Inspection Services for the pending hnmokalee Road four lane construction. RFP #99-2996 was issued, and nine (9) responses were received on November 19, 1999. Two of the responses were deemed not complying with Purchasing requirements and were not considered. The Selection Committee authorization letter and staff ranking matrix are submitted as attachments. The Committee reviewed the seven compliant proposals and selected the top three (3) firms for approval and contract negotiations as £ollows: 1. Johnson Engineering, Inc. Wilson Miller, Inc. 3. C.A.P. Engineering Consultants, Inc. ?\'x'FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT' This activity is necessary to implement the Capital hnprovement Element No. 8, which is consistent with the Transportation sub-elemefit of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve staff's ranking and authorize staff to begin contract negotiations with the top ranked finns beginning with the number one ranked firm for the Board's subsequent approval. SUBMITTED B .x~:;.I: ~-'~:~ '-'-"7-.. ..... ., Date: Micah K..M~'s'saquoi, P.E, PMP ProJect Manager, PWED REVIEWED "'/ - BY: .. Date: Bibby, P.E. Director, Public Works Engineering Dept. Immokalee Road Bid No. 99-2992 Page 2 of 2 '"'EVIEWED BY: ('~-'~.~? c2;, ~'~,, Date: Steve ~amell~ D irec ,Pu asin~eralSemic~. .4~e.~~~~ APPROVED BY~ ~ Date: ~ Interim Public Works Administrator CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #' 99-2996 RFP TITLE: Construction Engineering Inspection Services for Immokalee Road SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: Proj ct ~,~r~er Purchasing Agent Date Date JAN ~. b Zuud j Memorandum '99 OOT PR 3 21 To: From: Date: Subject: Jeffrey Bibby, P.E., PWED Bill Flynn, PWED Dale Bathon, P.E., Transportation Department Para Libby, Water Department ~'6'ah Massaquoi, P.E., PMP, PWED Gwen Butler, CPPB, Senior Purchasing Agent Purchasing Department Wednesday, October 13, 1999 RFP #99-2996 - Construction Engineering Inspection Services for Immokalee Road Selection Committee Meetin.q You have been appointed to serve on a selection committee for the purpose of reviewing proposals for Construction Engineering Inspection Services for Immokalee Road. The closing date for receipt of proposals is at 3:00 p.m. on November 19, 1999. A selection committee organizational meeting has been scheduled for Tuesday, November 23, 1999 at 2:00 p.m. in the Purchasing Department conference room. Attendance at this meeting is mandatory. This meeting will include distribution to the committee all proposals that were received. There will be discussion regarding all non- compliant findings from the preliminary review, overview of the scope, evaluation criteria and required submittals. Should any committee members not be able to attend this meeting, please advise immediately. Thank you. GAB/ Attachment Purchasing Department To: Through: From: Date: Subject: Memorandum Robert F. Fernandez, County Administrator~/.....~ Ed Ilschner, Public Works Administrator~' Micah K. Massaquoi, P.E., PMP, Project Manage/r.~ / FP October 6, 1999 Immokalee Road Project (I-75 to C.R. 951) Construction Engineering Inspection Services Selection Committee Membership, Collier County Project No. 69101 In accordance with Section VII.B.3 of the county Purchasing Policy, I have rev/ewed the proposed membership for a Construction Engineering Inspection Services member selection committee as listed below and request your authorization to appoint this committee for the purpose of rex4ewing the referenced Request for Proposals. The Committee shall include the folloxving members: Jeffrey Bibby, P.E. Bill Flynn Dale Bathon, P.E. Pam Libby Micah Massaquoi, P.E., PMP Gwen Butler PWED PWED Transportation Department Water Department PWED Purchasing Department The committee will review the proposals received and submit a recommendation to the Board of County Commissioners. Upon selection of the best proposal by the Board, staff will negotiate a contract for subsequent Board approval. Upon your approval, please forward this request to the Purchasing Department. Your prompt attention to this matter is appreciated. Committee appointed and empowered by: ~ Ed ~s~hner, Publ~Wo~ks Administrator Rt;~'i: }~ Fe~man~deSo u~r ~ Admini strator Public Works Engineering Date Dare Roe.Date. · JAN EXECUTIVE SUMMARY CONSIDERATION AND APPROVAL OF AN INTERLOCAL AGREEMENT WITH NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT OBJECTIVE: To obtain Board of County Commissioners approval for an interlocal agreement between Collier County and Naples Heritage CDD. The agreement addresses issues related to water and sewer facilities. CONSIDERATIONS: A interlocal agreement between the County and Naples Heritage CDD regarding the provision of water and sewer service is required. Chapter 190, Florida Statutes requires that when regional water and/or sewer are available the CDD must connect to the regional facilities. The principal elements of the Interlocal Agreement are: Naples Heritage CDD agrees that the Collier County Water-Sewer District shall be the permanent provider of water and wastewater services to the CDD. The CDD will convey all water and sewer facilities to the County without cost to the County. The CDD acknowledges that the water and sewer impact fees are required to be paid at the time of permitting. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board approve the Interlocal Agreement as proposed, authorize the chairman to sign the agreement on behalf of the Board, and authorize staff to record the agreement in the Public Records of Collier County. Submitted BY: ~~M/~¢~~~eAssistant II Date: Approved By:~ i~~ ? Date: ~ Edward~. Finn,.I~Dir~ectoP?oblfi~erart~;nDsivision Adminis~r~tor/a~d f:\executive summary~naples heritage - interlocal agreement.doc 1 JAN 25 ZOO0 i INTERLOCAL AGREEMENT This Interlocal Agreement is entered into on this ~ day of ,1999, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County, and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter "County"), and the BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, as the governing body of the Naples Heritage Community Development District, a political subdivision of the State of Florida (hereinafter "Naples Heritage CDD"). RECITALS: WHEREAS, U.S. Home Corporation, a Florida corporation, (hereinafter "Petitioner") petitioned the County to establish a Community Development District in the unincorporated urban area of Collier County on July 29, 1996, in accordance with Section 190.005, Florida Statutes (hereinafter "Petition"); and WHEREAS, at the local County hearing held on September 24, 1996, relative to the Naples Heritage CDD, the County adopted Ordinance No. 96-57, as amended by Ordinance No. 96-71, granting the petition to establish the Naples Heritage CDD; and WHEREAS, after careful consideration and duly held public hearings on this matter by both the County and Naples Heritage CDD, the County and Naples Heritage CDD have found that: (a) This Interlocal Agreement furthers the public purpose of the Naples Heritage CDD and the Collier County Water-Sewer District, their constituents, ratepayers, local owners and residents, both present and future, and the Collier County community as a whole; and (b) The parties have entered into this Interlocal Agreement in good faith to promote Page 1 of 6 cooperation in providing and creating certain utility infrastructure which will serve the area encompassed by the Naples Heritage CDD and which will be owned and operated by Collier County or the Collier County Water-Sewer District; and (c) The public will reap significant advantages associated with and emanating from this Interlocal Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration exchanged between the parties hereto and the covenants hereinafter contained, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Interlocal Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes. 3. The parties have entered into this Agreement in good faith and covenant to cooperate with each other in order to construct, manage, finance and provide water and sewer utility facilities to serve the landowners and residents within the Naples Heritage CDD, which facilities shall be owned by Collier County or the Collier County Water-Sewer District. 4. The parties confirm, ratiO' and acknowledge that the Ack~nowledgments in Exhibit 7 of the Petition are true and correct. 5. With respect to water and wastewater facilities and service within the Naples Heritage CDD, the parties agree as follows: (a) The Water-Sewer District shall be the permanent purveyor of water and wastewater service to the properties within the District. Page 2 of 6 (b) The District shall and will be obligated to convey, in accordance with standard County procedures, water and sewer facilities to the County and its Water-Sewer District without cost to the County or its Water-Sewer District, and that such facilities will not and shall not serve as security for any form of financing or bond indebtedness prior to said conveyance. The District shall design, permit and construct all water and wastewater facilities to Water-Sewer District standards and, immediately upon completion of such facilities and approval thereof by the Water- Sewer District, dedicate water and wastewater facilities constructed by or on behalf of the District to the Water-Sewer District free from any liens or encumbrances pursuant to procedures then in effect. As used in this Agreement, the term "water and wastewater facilities" shall include, but not be limited to, all lines, laterals, mains, tanks, lift stations, pump stations, treatment and distribution facilities and other apparatus constructed by or on behalf of the District for the treatment and transmission of potable water and wastewater; provided, however, the term shall not mean or refer to any water or wastewater lines or other apparatus constructed within the boundaries of any residential or commercial platted lot or golf courses intended to solely serve the individual residential or commercial platted lots or golf course. (c) The Water-Sewer District currently has master plans for the provision of water and wastewater service throughout the Water-Sewer District over the next fifteen years. (d) The District acknowledges that the Collier County Water-Sewer District is the permanent water and sewer service provider within the District. The District does also acknowledge that the County impact fees for water and sewer services are required to be paid at the time a building permit application is made. Page 3 of 6 ATTEST: james P. Ward, Secretary / BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT AS THE GOVERNING BODY OF THE NAPLES HERIT~ E COMMUNITY By: Peter R. Comeau, Chairman STATE OF FLORIDA COUqXTTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County. aforesaid to take acknowledgments, personally appeared Peter R. Comeau, well known to me to be the Chairman of the Board of Supervisors of the Naples Heritage Community Development District, being authorized to do so, executed the foregoing Interlocal Agreement for the purposes therein contained under authority from the Board of Supervisors, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this t2~:, ~'k_ (.D/'.~'~ ,1999. day of NOT~ eUBLIC,~ATE ~F~O~DA Printed Nme of Not~ My co:ission expires: ¢~.~1 Consented to this day of /~:j:,:.)~ [.~'.'x_2 ,.~.. By: g,~LTnature Title: *xoc ;a~.,,,~ C~, p, G:\users\BETSY',WP8\Naples Heritage CDD\INTELROCAL AGMT CCWSD CO REV,wpd Page 6 of 6 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO TRANSFER FUNDS FROM STREET LIGHTING RESERVES TO CAPITAL OUTLAY OBJECTIVE: That the Board of Collier County Commissioners approve a budget amendment to transfer funds from Street Lighting Reserves to Capital Outlay in Fund 778. CONSIDERATION: In August 1999, fifteen (15) US Steel Corten Street Light Poles were special ordered from Hughes Supply for budgeted annual pole replacements in Pelican Bay. Inadvertently, at Fiscal Year End the Purchase Order to Hughes Supply was closed. A Budget Amendment is now needed to transfer $15,000 for the payment of these poles from Reserves to Capital Outlay. In the Fiscal Year 2000 Budget, $25,000 was approved for the purchase of the % Ton Pickup Truck with the cost being spread over three cost centers. The Fiscal Year Budget contains the expense in two of the cost centers, however, the prorata share for Fund 778 was inadvertently left out of the Budget. A Budget Amendment is now needed to transfer $8,300 from Reserves to Capital Outlay. FISCAL IMPACT: The total Fiscal Impact is a net reduction of $23,300 from Pelican Bay Street Lighting Fund (778) Reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment Authorization for the transfer of $23,300 from the Pelican Bay Street Lighting Fund (778) R~c. se,~es. PREPARED By:. lames P. Ward, Department Director Pelic~ aa~i~e§/'"~',';'J' f .~.~. rd.N./Fid'n, / "-- Interim Public Works Administrator No._L~'~ JAN 2 5 2000 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO TRANSFER FUNDS FROM STREET LIGHTING RESERVES TO CAPITAL OUTLAY OBJECTIVE: That the Board of Collier County Commissioners approve a budget amendment to transfer funds from Street Lighting Reserves to Capital Outlay in Fund 778. CONSIDERATION: In August 1999, fifteen (15) US Steel Corten Street Light Poles were special ordered from Hughes Supply for budgeted annual pole replacements in Pelican Bay. Inadvertently, at Fiscal Year End the Purchase Order to Hughes Supply was closed. A Budget Amendment is now needed to transfer $15,000 for the payment of these poles from Reserves to Capital Outlay. In the Fiscal Year 2000 Budget, $25,000 was approved for the purchas~ of the % Ton Pickup Truck with the cost being spread over three cost centers. The Fiscal Year Budget contains the expense in two of the cost centers, however, the prorata share for Fund 778 was inadvertently left out of the Budget. A Budget Amendment is now needed to transfer $8,300 from Reserves to Capital Outlay. FISCAL IMPACT: The total Fiscal Impact is a net reduction of $23,300 from Pelican Bay Street Lighting Fund (778) Reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION' That the Board of County Commissioners approve a Budget Amendment Authorization for the transfer of $23,300 from the Pelican Bay Street Lighting Fund (778) ~R~e~es., .,.., / ".- I . PREPARED BY:' ~,z-¢'~,----~ ,James P. Ward, Department Director REVIEWED BY../¢~;.~~/' // ,//' /,,'".~-vc~d N ./Fid'n, '-- Interim Public Works Administrator JAN 2 5 2000 EXECUTIVE SUMMARY APPROVE THE OLDER AMERICANS ACT CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 25 years through the Older Americans Act program. This continuation grant in the amount of $516,717 for the period January 1, 2000 through December 31, 2000 will allow the delivery of homemaking services, medical and meal transportation, congregate and home delivered meals, and nutrition education to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant will be $45,100, which was approved in the fiscal year 2000 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of $516,717 is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging. Of the total grant award, $155,337 will require budget amendments to recognize the direct funding portion to the county for administration, case management and transportation. The remaining $361,380 will be retained by the Area Agency on Aging who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local cash matching funds was approved in the FY 2000 budget and will be funded from the General Fund (001) to the Services For Seniors Fund (123). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the OAA grant and authorize the Chairman to sign the contract and approve the necessary budget amendments. The agreement has begn reviewed and approved by the County Attorney. Prepared by: ,~~~~~ Date: ///~.o Jol~,Yerrell, Services for Seniors Accounting Technician Reviewed and //// ~ ~ Approved by: ~/~--~ '~- ?~-/~ .... ~- Date: //~../,~-~ ~ ?N~nci E. Lochner, Services for Seniors Program Mana/g~r / Reviewed and ~x~f~ Nh ~-----'~t~ ' ' ~ Approved by: I ¥ \(:L&~ ~.?t/eo,~,~o~ Date: [ I l ~ \ ~OOO Mhrtha~ Skinner, Social Services Director Reviewed and Date: ~ Administrator Agenda JAN 5' 000 o /o /oo Contract Number OAA ~03.00 STANDARD CONTRACT OLDER AMERICANS ACT THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency", and Collier County Board of CQ~ty Commissioners., hereinafter referred to as the "provider" This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the Provider, Agreement No. MASTER OAA 203.00, and its successor, incorporated herein by reference. The parties agree: I. Provider Agrees: A. Services to be Provided: The service provider application of Collier County Board of County Commissioners., for year 2000, and any revisions thereto approved by the agency, are incorporated by reference in this contract between the agency and the provider and prescribe the manner in which the provider will meet the requirements of the Older Americans Act of 1965, as amended. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the 2000 Service provider application of the Collier County Board of County Commissioners., and the Department of Elder Affairs Client Services Manual. In the event this manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revisions. The provider agrees to perform the services of this contract in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. C. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. A. Final Request for Payment: To submit the final request for payment to the agency no more than 45 days after the contract ends or is terminated; if the provider fails to do so, i I " I JAN 2 § 2001] 01/01/00 Contract Number OAA 203.00 all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. A final receipt and expenditure report (closeout report) will be forwarded to the agency within sixty (60) days after the contract ends or is terminated. All monies which have been paid to the provider and not used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. II. The Agency Agrees: A. Contract Amount Subject to the availability of funds, the agency will reimburse no more than the rate stipulated in ATTACHMENT II for units of service delivered in accordance with the approved budget for Older Americans Act funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The schedule of funds awarded to the provider pursuant to this contract [] is [] is not in state grants and aids appropriations and consists of the following: Program Title Lead Agency CFDA# Fund Amounts Operation Title IIIB Support Lead Agency 93.044 $32,510.00 Services Operation Title IIIC1 Lead Agency 93.045 $21,328.00 Congregate Meals Operation Title IIIC2 Home Lead Agency 93.045 $22,402.00 Delivered Meals Operation Title IIID Im-Home Lead Agency 93.046 $1,268.00 Services Operation I JAN 2 § 2000 01/01/00 Contract Number OAA ~03.00 I TOTAL LEAD AGENCY OPERATIONI CONTAINED IN THIS CONTRACT: $77,508'00I Program Title Spending Authority CFDA# Fund Amounts Allocation Title IIIB Support Spending Authority 93.044 $184,223.00 Services Allocation Title IIIC1 Spending Authority 93.045 $120,856.00 Congregate Meals Allocation Title IIIC2 Home Spending Authority 93.045 $126,946.00 I Delivered Meals Allocation Title IIID In-Home Spending Authority 93.046 $7,184.00! Services Allocation ] TOTAL SPENDING AUTHORITY $439,209.00 ALLOCATION CONTAINED IN THIS CONTRACT: The legal services allocation for Collier County is $1.7,967.00. This allocation is included in the Title III-B spending authority allocation shown above. III. Provider and Agency Mutually Agree: A. Effective Date: This contract shall begin on January 1, 2000 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on December 31. ~000 Be Method of Payment: 1. This is a contract incorporating cost reimbursement of actual expenditures for lead agency operations and reimbursement for actual units of service delivered and paid according to the schedule stipulated in Section II.A. Two reports will be submitted to the. agency from the provider for reimbursement. A request for payment and expenditure report will' be submitted to support requests for payment of lead agency operations on the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. Form MDOEA 105A. Duplication of both forms via data processing equipment is permissible, provided all data elements are in the same format o]./o]./oo Contract Number OAA 203.00 o o as included on agency forms. The provider, if eligible, may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT I to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. The provider agrees to implement the distribution of funds as detailed in the service provider application and the Supporting Budget Schedule, ATTACKMENT II to this contract. Any changes in the amounts of federal or general revenue funds identified on the Supporting Budget Schedule require a contract amendment. Financial Reports: The provider agrees to provide an accurate, complete and current disclosure of the financial results of this contract as follows: To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACHMENT I .. bo The completed manual.units of service portions of the Older Americans Act Annual Report if applicable, are due to the contract manager on or by October 15, 2000. The Agency will obtain the remaining report sections from the Client Information, Registration and Tracking System. JAN 2 5 2008 oz/o /oo Contract Number OAA 203.00 Ce De Termination and Suspension The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III.B. and Section III.C. of the Master Agreement. Notice, Contact, and Payee Information: 1. The name, address and telephone number of the contract manager· for the agency for this contract is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 SC 748-6947 The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg. H Naples, Florida 34112 [941) 774-8443 3 o o · In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg. H Naples, Florida 34112 (941) 774-8443 Special Provisions: 5 01/01/00 Contract Number OAA 203.00 o o 4 o Match The provider will provide match of at least 10 percent of the federal administrative funds received. The provider's match will be made in the form of cash, general revenue administrative funds and/or inkind resources. Co-payments for Services The provider assures Older Americans Act paid staff will not assess nor collect co-payments from eligible clients for Older Americans Act funded services. Subcontractors may charge co-payments for services not paid for with Older Americans Act funds to those persons able to pay part or all of the cost of services. Carry Forward Funds Federal fiscal year funding provided in this contract is subject to substitution by prior year's carry forward funds in accordance with procedures established by the agency. The agency has the authority to re-award current year funds in excess of five percent which are deobligated by this process. This provision excludes senior center carry forward funds. Outcome Achievement The provider will implement the legislatively approved outcome measures. The provider will track outcome achievement on a monthly basis. Technical assistance will be provided to service providers when achievement levels drop 1% or more from the assigned outcome measures. Corrective action will be required specifying actions the providers will take to bring achievement levels up to assigned amount if achievement drops 2% or more. Care Plans Care plans will be costed out for each client. Projected costs will be provided to provider fiscal offices to manage resources and compare to actual expenditures for the agency. Agenda ~t, em No. ~~ AN 2 5 2000 o~/ol/oo Contract Number OAA 203.00 IN WITNESS THEREOF, the parties hereto have caused this 8 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County Comm. BOARD PRESIDENT OR AUTHORIZED DESIGNEE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DBA. SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED SIGNED BY: BY: NAME: Timothy J. Constantine NAME: JOHN KOEHLER TITLE: Chair - Board of Collier County Commissioners TITLE: DATE: DATE: BOARD PRESIDENT FEDERAL ID NUMBER: 596000538 PROVIDER FISCAL YEAR ENDING DATE: 09/30/00 Approved as to legal form and sufficiency: Chief Assistant County Attorney DATED: ATTEST: DWIGHT E. BROCK, Clerk 01/01/00 Contract Number OAA 203.00 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~gend:* Note # 1: Note # 2: Month January February March April May June July August September October November December Final Closeout CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT TITLE III ATTACHMENT I Dased On Submit to Submit to AAA on State on this this date date Advance* Dec. 15 January 1 Advance* Dec. 15 January 1 Jan. Expenditure Report Feb. 10 February 15 Feb. Expenditure Report Mar. 10 March 15 March Expenditure Report Apr. 10 April 15 April Expenditure Report May 10 May 15 May Expenditure Report June 10 June 15 June Expenditure Report July 10 July 15 July Expenditure Report Aug. 10 Aug. 15 Aug. Expenditure Report Sept. 10 Sept. 15 Sept. Expenditure Repor% Oct. 10 Oct. 15 Oct. Expenditure Report Nov. 10 Nov. 15 Nov. Expenditure Report Dec. 10 Dec. 15 Dec. Expenditure Report Jan. 10 Jan. 15 Final Payment Request Feb. 15 Feb. 28 Closeout Package Feb. 28 March 15 Advance based on projected cash need Submission of expenditure reports may or nmy nol gcnerate a payment request. If lite closeom package reflects fimds due back lo lite agen%,, payment is lo accompany lhe report. Report #1 for Advance Basis Contracts cannol be submitted to the State Comptroller prior to January 1. or until the contract with the agency has been execuled and a copy sent to the Comptroller. Actnal submission of the vouchers to the State Complroller is dependent on the accuracy of the expenditure report. A final payment request may be submitted to the ageucy by the provider up to 61) days after the contract has ended. Agend¢ l.t~m .o JAN 2 5 2000 01/01/99 Contract No. OAA203.99 ATTACHMENT II PROVIDER: Collier County Services for Seniors Total Services Cost Reimbursement Rate Transportation $10.09 Information $ 3.24 Referral $13.82 Screening/Assessment $21.98 $ 9.08 S 2.91 $12.44 $19.78 JAN.p 252000 EXECUTIVE SUMMARY APPROVE THE MASTER AGREEMENT RELATING TO SERVICES FOR SENIORS' GRANT PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN THE MASTER AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OBJECTIVE: In order to provide grant funded services to Services for Seniors' clients, a Master Agreement, which applies to all grant contracts, requires the signature of the Chairman. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 25 years through the Older Americans Act as well as other grant programs. These grants allow for the delivery of various services to the County's frail elderly preventing premature and costly institutional placement. A new requirement by the grantor agency, the Area Agency on Aging, is the execution of a Master Agreement that outlines grantee requirements for administering all of the various grants. The Master Agreement addresses such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and the safeguarding the State computer network system. The incorporation of identical language into one document required for all grant programs awarded by the Area Agency on Aging eliminates multiple signatory requirements of the Chairman, lessens the review time by the County Attorney, and reduces paper use. Ali individual grant contracts will make reference to the Master Agreement as well as specify the individual grant contract amounts (with necessary budget amendments), effective date of the grant agreement, method of payment, and any special provisions. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: There is no financial impact as a result of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement and authorize the Chairman to sign the contract. The agreement has been reviewed and approved by the County Attorney. Prepared by: Reviewed and Approved by: Reviewed and Approved by: Ma'rthaX'Skinner, Soc~a~ Services Director Reviewed an~ Approved by: ~,~l~t~ J,~ ,..ltl Thomas W. Olllff, Pubhc~,r~ces Administrator Date: Agendl JAN 2 20110 Pg" ,, I ~ 01/05,00 U~D 08:42 FAX 1 941 332 3596 SENIOR SOLt~IONS ~ COLLIER ~002 oi/oi/oo Agreement No. MASTER 203.00 AREA AGENCY ON AGING FOR SOUTI~VEST FLOILI~A, INC. MASTER AGREEMENT ~ MAST]~ AGRI~MEI~ is ~ntgred into between the Ama Agency on Aging for Southwest Florida. Inc., hereinafter ref.~r~d to aa tile 'agency", and Collier Coun~ Board of C~untv Commissioners, hereinafter r~ferred to ~s the 'provider'. All contracts executed betw~n the provider and the agency shall be subject to the conditions s~t forda in this agreement for the duralio~ of the colatr~ l~riod(s), Any am[ all controls ~xocuted between thc provider and the agency during the effective period of this agreement will ineorporat~ this agreement by reference and shall be governed in a~..ordance with the laws~ sutures, and other conditions s~t forth in this agreement I. Provider Agmm: A. To provide s~rviees according to the conditions specifi~ in any contrOl(s) with the agency during the period this agreement is m effect. This agreement covers all services provided by Collier Count7 Board of Coun .ty Commissioagrs which include, but is not hmit~l to, the following programs: · Older Americans Act (OAA) · Home Care for the Elderly (HCE) · Commum~ Care for the Elderly (CCE) · Alzheimer's Diseas~ Initiative (Al}I) · Local Service Programs (LSP) · Medicaid Waiver Specialist (MWS) · Emergency Home Energy Assistance · United States Department of For the Elderly Program (EHI~AEP) Agriculture Meals (US'DA) · Volunw. er Initiatives (SHINE, FAVOR, R.E.L.I.E.F., SR. COMPANION, ETC.) B, Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations, The provider shall comply with all appUcable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and g-nvironmental Protection Agency regulation (40 CFR Part 15). The provider shall report any violations of the above to the agency. The provider must, prior to execution of this agreement, complete the C.m'~fimon Regarding Lobbying tbrm, ATTACItMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is r~luired, it may be obtained from the agency, All discios'am forms as required by the Cortification Regarding Lobbying form must be completed and re. mined to the agency. 4. The provider must, prior to execution of this agreement, complete the Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exchmion Contraets/Subc. ontracts, ATTA~ Il. 5. The provider shall comply with the provisions of thc U.$. Department of Labor, Occupational Safeey and Health Adwamstration (OSI-[A) code, 29 CFR, Part 1910.1030. 1 JAN 2000 o /o /oo Agreement No. MASTER 203.00 C. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefitting from tederal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. For providers employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire, in accordance with the Governor's One Florida Initiative, Executive Order 9.9- 281. The Provider assures it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or Henefitting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education progralns and activities receiving or benefitting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination o~ the basis of age in programs or activities receiving or benefitting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliel(s in programs and activities receiving or benefitting from federal financial assistance. The Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq., which prohibits discrimination against, and provides equal opportunities tbr individuals with disabilities, in employment, public services, and public accommodations. 7. Ail regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the fight to file a complaint, the fight to appeal a denial or exclusion from the services or benefits from this contract, and their fight to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the Department of Elder Affairs, this agency, or the appropriate federal or state agency. 9. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. D. Requirements of Section 287.058, Florida Statutes: For all contracts covered by this agreement, the provider agrees: 2 JAN 2 5 2000 _ o /oz/oo Agreement No. MASTER 203.00 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide units of deliverables, including reports, findings, and drafts as specified in the contracts, the contract attachments, and the service provider application, to be received and accepted by the contract manager prior to payment. To allow public access to all documents, papers, letters, or other materials subject to the provisions of chapter 119, Florida Statutes, and made or received by the provider in conjunction with any and all contracts referencing this agreement. In addition, section 20.41 (9), Florida Statutes, requires that all area agencies on aging are subject to chapter 119, relating to public records, and, when considering any contracts requiring the expenditure of funds, are subject to F.S. 286.011-286.012, relating to public meetings E. Withholdings and Other Benefits: The Provider is responsible rbr Social Security and Income Tax withholdings. F. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees it will indemnify, defend, and hold harmless the agency and/or state and all of the state and/or agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the provider, its agents, employees, or subcontractors during the performance of all contracts incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the agency and/or state or said par~ies may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnity, defend, and pay for the defense or, at the state and/or agency's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the state and/or agency's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the agency, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. It is the intent and understanding of the parties that the provider nor any of its subcontractors are employees of the agency and/or state and shall not hold themselves out as employees or agents of the agency and/or state without specific authorization from the agency and/or state. It is the further intent and understanding of the parties that the agency and/or state does not control the employment practices of the provider and shall not be Agenda. IJ;~e~- No o._~.~..~ JAN 2 5 2000 Pg .... ,/'~'"' __ ox/ol/oo Agreement No. MASTER 203.00 liable for any wage and hour, employment discrimination, or other labor and employment claims against the provider. G. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all contracts incorporating this agreement by ret'erence. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under contracts incorporating tiffs agreement by reference. Upon execution of each contract covered under this agreement, the provider shall furnish the state and/or agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The state and/or agency reserves the right to require additional insurance where appropriate. To furnish an insurance bond from a responsible comznercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under all contracts incorporating this agreement by retErence in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the state and/or agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) H. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll- free telephone number (1-800-96ABUSE). I. Transportation Disadvantaged: If clients are to be transported under any contracts incorporating this agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. J. Purchasing: 1. Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. 2. Equity in Contracting Pursuant to Section 287.09451, F. S., and in compliance with the governor's One Florida Initiative, Executive Order 99-281, the agency is cormnitted to embracing diversity and providing fair and equal opportunities to all JAN 2 5 Pg: ._..-.-~=~ 01/01/00 Agreement No. MASTER 203.00 qualified businesses to compete for state contracts, so that vendors tbr procurement of goods and services reflect the diversity of the state's population. The agency requests a report annually demonstrating diversity in the provider's selection of vendors tbr procurement of goods and services. K. Sponsorship: 1. As required in Section 286.25, Florida Statutes, if the provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through contracts executed in accordance with this agreement, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by the Collier County Services for Seniors PROVIDER Senior Solutions of Southwest Florida and the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written material the words "Senior Solutions of Southwest Florida, and State of Florida, Department of Elder Affairs" shall appear in the stone size letters and type as the name of the organization. This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the provider is a governmental entity or political subdivision of the state, the agency requests compliance with the conditions specified above. The provider shall not use the words "Senior Solutions of Southwest Florida and the State of Florida, and The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the agency and/or state prior to use. L. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. M. Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act(INA), 8 U.S.C.s. 1324 a (e)("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of any and all contracts incorporating this agreement by reference. N. Audits and Records: To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all contracts under this agreement. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. i A ' 5 gend% No.~ JAN 2 5 000 o /o /oo Agreement No. MASTER 203.00 To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Client Services Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Intbrmation Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT Ill and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7. The provider agrees to provide client intbrmation and statistical data for research and evaluative purposes when requested by the agency. O. Retention of Records: To retain all client records, £mancial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each contract covered under this agreement for a period of five (5) years after termination of the contract(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the attdit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. P. Monitoring and Incident Reporting: The provider will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as specified in the area plan. The agency will establish performance standards for providers with weights assigned to each standard. Standards will be tracked monthly by agency staff through reviews of available fiscal, CIRTS, and research production reports and any other system or process designated by the agency. This information will allow staff to determine if additional on-site monitoring of the provider is necessary. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, service provider monitoring, targeting, program eligibility, outcome measures, service provision to Adult Protective Services high risk clients, data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 2. Providers will perform the required administrative monitoring of service sub-contractors in accordance with the Department of Elder Affairs's unit rate contract monitoring checklist. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to contracts incorporating this agreement by reference, or to the mission and statutory authority of the agency, and to interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of the contract(s). Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or Agenda 7..t. e~ .,lAN. 2 2000 o /o /oo Agreement No. MASTER 203.00 services are being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in the Enforcement section, or the agency deeming the provider's failure to be a breach of contract. 4. The provider will notify the agency within 48 hours of conditions that could impair continued service delivery. Reportable conditions may include: proposed client terminations provider financial concerns/difficulties service documentation problems contract non-compliance service quality and consumer complaint trends. Provider will provide the agency with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation. Q. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a recipient of services under contracts incorporating this agreement by reference or subsequent contracts for any purpose not in contbrmity with state and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the recipient's authorized representative. R. Assignments and Subcontracts: Agency approval of the service provider application shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding intbrmation identified in the service provider application. The provider must submit all contracts for services under the service provider application to the agency for prior approval when the proposed subcontractor is a profit making organization. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide tbr the incurrence of any obligation of the agency in addition to the total dollar amount agreed upon in contracts covered by this agreement. All assignments or subcontracts shall be subject to the conditions of this agreement and the contracts incorporating it by reference and to any conditions of approval the agency shall deem necessary. Unless otherwise stated in the contract(s) covered by this agreement between the provider and subcontractor. payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. $. Return of Funds: 1. To retum to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of all contracts for which funds were disbursed to the provider by the agency. JAN 2 000 o /o /oo Agreement No. MASTER 203.00 ao The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or 'notification by the agency, of the overpayment. In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification t¥om the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. 2. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification or discovery. T. Year 2000 (Y2IC) Compliance: Pursuant to the accounting and reporting requirements for federal grants management in OMB Circulars A-102 and A-1 I0, and the Department of Management Services (DMS) Memorandum No. 6 (98-99) which requires certification of Year 2000 Compliance l'br any procurement document, the provider must, prior to execution of this agreement, complete the Certification Regarding Year 2000 Compliance tbrm, ATTACHMENT V. In the event a Y2K Compliance issue results in a delay of service, the provider agrees tt) execute their agency disaster plan to ensure the delivery of service(s) continues. U. Conflict of Interest: The provider hereby agrees to develop and implement a policy to ensure that its employees, board members, management and subcontractors, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the fimds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. The provider's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the coimnencement of this agreement. The provider's employees and service sub--contractors must make the same disclosures descr/bed above to the provider's board of directors. II. The Agency Agrees: A. Contract Payment: The provider's invoice will be sent to the Department of Elder Afthirs in conjunction with other invoices received by the agency from other agreements subject to review and approval by the agency. Such approval is tbr the purpose of authorizing payments and does not constitute final approval of services purchased. Invoices returned to a vendor due to preparation errors will result in a payment delay. Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract for which payment is requested specifies otherwise. The agency will submit the request for payment to the Department of Elder Affairs after inspection and approval of goods and services. Once the Department of Elder Affairs has made payment to the agency, the agency will reimburse the provider within seven working days after receipt by the agency of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the agency and paid to the provider in the amount of one-half of one percent of the amount JAN 2 5 000 :o.: o /o /oo Agreement No. MASTER 203.00 due, per day from the expiration of the period allowed herein tbr payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. B. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III. Provider and Agency Mutually Agree: A. Effective Date 1. This agreement shall begin on J~tm~ 1. 2000 or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December 3 I, 2000 . All contracts executed between the Agency and the Provider during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement for the duration of the contract period(s). B. Termination: 1. Termination at Will Any contract(s) covered by this agreement and incorporating it by reference may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreex. I upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the provider terminates a contract at will, the provider agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services to clients will not be interrupted or suspended by the termination. In the event that an agreement between a provider and a subcontractor is terminated, the provider shall require the subcontractor to submit to the provider and the agency, a similar plan ensuring services to clients will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any contract(s) under this agreement become unavailable, the agency may terminate the affected contract or contracts upon no less than twenty-tbur (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider tails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate the contract(s) incorporating this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of any one contract covered by this agreement shall not be deemed to be a waiver of 9 JAN 2 5 2000 01/01/00 Agreement No. MASTER 203.00 any other breach and shall not be construed to b¢a modification of the terms of other contracts covered under this agreement. The provisions herein do not limit the agency's right to remedies at law or to damages of a legal or equitable nature. C. Enforcement: The agency may, in accordance with section 430.04, Florida Statutes, rescind lead agency designation of the provider, if the provider is a lead agency, or take intermediate measures against the provider, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more programs, placement of the provider on probationary status, imposing a moratorium on provider action, imposing financial penalties tbr nonperformance, or other administrative action pursuant to Chapter 120 Florida Statutes, if the agency rinds that: · an intentional or negligent act of the provider has materially afl'bcted the health, welfare, or safety of clients, or substantially and negatively affected the operation of an aging services program. · the provider lacks financial stability sufficient to meet contractual obligations or that contractual ftmds have been misappropriated. the provider has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enfbrced by the agency, or the provider has cmmmtted or repeated violations of agency standards. · the provider has failed to continue the provision or expansion of services after the declaration of a state emergency. · the provider has failed to adhere to the terms of this agre=ment or the terms of any contract(s) cover~l by this agreement and incorporating it by reference. In making any determination under this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. Before the agency formally rescinds the designation of the provider or initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in infbrmal mediation through a meeting of each party's representative at a place and location designated by the agency. D. Notice and Contact: 1. The name, address and telephone number of the agency for this agreement is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 Suncom 748-6947 (941) 332-3596 (FAX) lO o~1o~1oo 2. Agreement No. MASTER 203.00 The name, address and telephone number of the provider of the agreement is: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldg H Naples, Florida 34112 program under this 15. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center. Bldg H Naples, Florida 34112 Ren~otiation or Modification: Modifications of provisions of this agreement and of any and all contract(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement and any affected contracts if revisions of any applicable laws, or regulations make changes in this agreement necessary. The rate of payment and the total dollar amount may be adjusted retroactively for any contract(s) incorporating this Master Agreement by reference to reflect price level increm.ses and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. F. Special Provisions: 1. Property Nonexpendable property is defined as tangible property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or the general public. All property, purchased under contracts covered by this agreement or purchased by the agency and received by the provider shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. c. All purchased property shall be inventoried annually. An inventorY report will be submitted to the agency upon request by the agency. 11 o /oz/oo Agreement No. MASTER 203.00 do Title (ownership) to all property acquired with funds frown any contracts covered by this agreement or otherwise purchased by the agency shall be vested in the agency upon completion or termination of the contract(st. At no time shall the provider dispose of nonexpendable property except with the permission of, and in accordance with instructions fro,n the agency. Any permanent storage devices (e. g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. f. A service provider application amendment is required to be submitted and approved by the agency prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Intbrmation Technology Resources (ITR) as part of any contract(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintemmce, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager from the agency's information Systems director tbr the purchase of any ITR. The provider will not be reimbursed tbr any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require their subcontractors comply with the agency's 1TR procedures. 2. Copyright Clause Where activities supported by any contract(s) incorporating this agreement by reference produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject t° copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. 3. Grievance and Appeal Procedures In accordance with ATTACHMENT IV , Minimum Guidelines for Recipient Grievance Procedures, the provider will assure through contractual provisions that service provider agencies have procedures tbr handling complaints from persons who complain service has been denied, terminated or reduced. The providers will establish co,nplaint procedures tbr older individuals who are dissatisfied with or denied services. These procedures must include notice of the right to complain and to have their complaint reviewed. 4. Investigation of Allegations 12 JAN 2 5 2000 o /o /oo Agreement No. MASTER 203.00 Any report that implies criminal intent on the part of this provider or any service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. If the provider has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the provider shall notify the Inspector General at the agency immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the provider or service provider, must be sent to the Department of Elder Affairs's Inspector General with a summary of the investigation and allegations. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welthre of the elderly in the potential or actual disaster area. Volunteers The area agency on aging will promote the use of volunteers as prescribed in Section 306(a)(12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the area agency on aging will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding, where possible, to the provider. 7. Business Hours L~_d agencies must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. 8. Client Information and Registration Tracking System (CIRTS) and Management Intbrmation Systems. For all program contracts incorporating this agreement by reference for which collection of client data in CIRTS is required: The provider will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information and Registration Tracking System (CIRTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 13 o /o /oo Agreement No. MASTER 203.00 bo The provider must enter all required data per the Department of Elder Affairs' CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the CIRTS before the service provider agencies submit their request for payment and expenditure reports to the area agency. The area agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. The provider will run monthly CIRTS reports and verity client and service data in the CIRTS is accurate. This report must be submitted to the agency with the monthly request for payment and expenditure report and must be reviewed by the agency before the provider's request for payment and expenditure reports can be approved by the area agency. d. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Suspension" clause of this agreement (see Section III, C.). e. Computer System Backup and Recovery Each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recolmnended that a copy of the backed up data be stored in a secure, offsite location. The provider will submit to the agency, annually or upon revision, their written policy for backing up data and software. 9. Client Outcomes a. The provider will develop client outcome measures consistent with those developed by the agency, including the following: Elders will live in the least restrictive and most appropriate setting Services will be provided to those elders most in need Frail elder functional status is maintained or improved Long-term care resources are efficiently and effectively used Client environment is maintained or improved Social interaction is improved Nutritional risk is reduced Care giver emotional and physical health are maintained or improved Elders, families and/or care givers are better informed so elders are better able to exercise autonomy and make informed choices bo In preparation for performance-based program budgeting, the agency will set targets for the performance of outcome measures. These targets are outlined in attachment V. The provider will be responsible for achieving these targets. 10. Management Objectives - Ensure the Board completes an annual performance evaluation of the provider's executive director · Ensure effective communication between staff and board 14 JAN 2 5 000 o~1o~1oo Agreement No. MASTER 203,00 Ensure adequate planning and preparation occurs in the development of the service provider application and service provider application amendments within agency established time frames. 15 JAN 2 5 2000 oz/oz/oo Agreement No. MASTER 203.00 IN WITNESS THEREOF, the parties hereto have caused this 28 page contract to be executed by their undersigned officials as duly authorized. Collier County Board of County Commissioners PROVIDER: Collier County Services for Seniors AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DBA. SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED SIGNED BY: BY: NAME:Timothy J. Constantine NAME: JOHN KOEHLER TITLE: Chair - Board of Collier County Commissioners TITLE: BOARD PRESIDENT DATE: DATE: FEDERAL ID NUMBER: 596000538 PROVIDER FISCAL YEAR ENDING DATE: 09 / 30 / 00 Approved as to legal form and sufficiency: Ram~~~analichw - Chief Assistant County Attorney DATED: ATTEST: DWIGHT E. BROCK, Clerk 16 JAN 2 § .OOO 01/01/00 Agreement No. MASTER 203.00 ATTACHMENT I CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS, LOANS AND COOPERATIVE AGREEMENT The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress or an officer or employee of the state legislature, in connection with the awarding of any federal grant, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who tails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Sig}~ature Dat~ ' Martha Skinner Name of Autho~zed Individual OAA 203.00 Application or Contract Number Collier County Services for Seniors Collier County Government Center. Bldg H Naples. Florida 34112 Name and Address of Organization '-~EPARTMENT OF ELDER AFFAIRS Form 103 .~pproved as to legal form and sufficiency: Ramif~-~fanal ich Chief Assistant, County Attorney 17 Agend~ II:~mI JAN 2 5 2000 01/01/00 AgreemenE No. MAb l ~R 2U3.0(] ATTACHMENT II CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) (2) The prospective provider certifies, by signing this certification, that neither he not' his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. Where the prospective provider is unable to certify to any of the statements in this certification. such prospective provider shall attach an explanation to this certification. Signature D ate Timothy J. Constantine Name and TitleofAuthorizedIndividual Chair - Board of Collier County Commissioners Collier County. Services for Seniors Name of Organization DEPARTMENT OF ELDER AFFAIRS Form 112A October 1993 Approved as to legal form and sufficiency: 18 Chief Assistant County Attorney O1/O1/O0 Agreement No. MASTER 203.00 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS Each provider whose contract equals or exceeds $25,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Department of Elder Affairs nor its contract providers can contract with providers if they are debarred or suspended by the federal government. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the agency for assistance in obtaining a copy of those regulations. The provider further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. The provider further agrees by submitting this certification that it will require each subcontractor of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each contract. The Department of Elder Affairs and its contract providers may rely upon a certification of a provider that is not debarred, suspended, ineligible, or voluntarily exclude from contracting/subcontracting unless it knows that the certification is erroneous. DEPARTMENT OF ELDER AFFAIRS Form 112B October 1993 19 JAN 25 000 I 01/01/00 Agreement No. AUDIT ATTACHMENT MASTER 203.00 ATTACHMENT The administration of funds awarded by the Department of Elder Affairs passed through the agency to the provider may be st,' to audit and/or monitoring by the agency as described in this section. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Agency staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Elder Affairs. In the event the Department of Elder Affairs and/or agency determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Agency to the provider regarding such audit. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $300,000 or more in Federal awards in its fiscal year, the provider must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal funds awarded through the Department of Elder Affairs passed through to the provider by the agency by this agreement, if any, are indicated in Section II. A. of the contract(s) of which this document is an attachment. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal funds received from the Department of Eider Affairs. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. The provider is responsible for the procurement of an independent auditor to conduct the audit required by this part. The provider is required to follow the auditor procurement standards specified in Section .305, OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in paragraph 1., the provider shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report submission as provided in Sections .30 .310, .315, and .320 of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Department of Elder Affairs in effect during the audit period. If the provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal and non-State funds (i.e., the cost of such an audit must be paid from provider funds obtained from other than Federal/State entities). PART I1: STATE GRANTS AND AIDS 1. This part is applicable if the provider is a local government or a non-profit or for profit organization as defined in Chapter 10.600, Rules of the Auditor General. In the event that the provider receives more than $26,000 in State grants and aids in its fiscal year, the provider must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the Department of Elder Affairs by this agreement are indicated in Section II. A of the contractls) of which this agreement is an attachment. In determining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received from the Department of Eider Affairs. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 1, 2, and 3 to this agreement provide examples of these reportslschedule. , NO. c~ m p Ii a n c e'~[lh--t15'ET-- The auditor's examination attestation report must indicate whether management's assertion as to -- JAN 2 5 2000 following requirements is fairly stated, in all material respects: o 1o 1oo · activities allowed or unallowed · allowable costs/cost principles · matching (if applicable) · reporting Agreement No. MASTER 203.00 ATTACHMENT lmm In the event that the provider receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the provider entity or organization must provide a written attestation under penalty of perjury, that the provider has complied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 4 to this agreement provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. III: REPORT SUBMISSION Three (3) copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, or when required by number 2 below, by or on behalf of the provider Uirectlv to each of the following: The agency at the following address: Area Agency on Aging for Southwest Florida, Inc. Att'n: Leigh Smith 2285 First Street Fort Myers, Florida 33901 Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 lc), OMB Circular A-133, as revised, and any management letters issued by the auditor, to: Area Agency on Aging for Southwest Florida, Inc. Att'n: Leigh Smith 2285 First Street Fort Myers, Florida 33901 Copies of reports required by PART II of this agreement, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this agreement, shall be submitted by or on behalf of the provider directly to each of the following: The agency at the following address: Area Agency on Aging for Southwest Florida, Inc. Att'n: Leigh Smith 2285 First Street Fort Myers, Florida 33901 Mr. James M. Dwyer at the following address: Mr. James M. Dwyer State of Florida Auditor General P. O. Box 1735 Tallahassee, Florida 32302-1735 ~--~ART IV: AUDIT WORKING PAPERS The provider shall ensure that audit working papers are made available to the Department of Elder Afl-cio.':_- _-~ _;t_~ ~t~,,,,~ ,,,,~.~ request, for a period of five (5)years from the date the audit report is issued, unless extended in wrilng b Ny~o~ ~ai, l;~t._of I JAN 2 5 2000 oz/oz/oo EXHIBIT-1 Agreement No. MASTER 203.00 INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: [~ii::~i~r!.t!.ty] s compliance with the allowable cost We have examined management's assertion' about ..... :~:~:~??::~::?~:~:~:~:~:~:~:~:~::~:'~' requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [~:.~!~i~ ~P~!i~ib!:~ifi§~l~:~ar] included in the accompanying [!~!}iii~i~i~~iiiiii~i~].2 Management is responsible for [~mne °~;~hfi~]'s compliance with those requirements. Our responsibili, is to express an opinion on management's assm~ion about the compli~ce with specified requirements. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [~!i:~~]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [hi~:.i0~enti~]'s compliance with specified requirements. In our opinion, management's assertion ~{ii~i~}?~i~!~i~?~}~i~i?~!i~ii~] is fairly stated, in all material respects. Sincerely, Notes: 1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. The twactitioner should identi6y the management assertion report exmnined by reference to the report title used by management in its report Further, he or she should use the same description of the compliance requirements as management uses in its report Specific compliance requirements, and related criteria (if applicable) x~411 be specified and/or referred to in the grant agreement. As suck. mr's report, hlstances ,.~ it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitic of noncompliance should be reported in the ,nam~er prescribed m SAS Codification Sections AT 500.61 through .68 22 JAN 2 5 2000 oz/oz/oo EXHIBIT-2 Agreement MANAGEMENT ASSERTION REPORT No. MASTER 203.00 (Provider's authorized representative) , hereby assert that, (Provider Agen~ ,tame) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended (,\ lo,tilt, day, yea,') (Signature) (Title) (Date) If this assertion report is used, one copy shall be submitted after the pt ovider's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. his statement does not need to be notarized. 23 o /o /oo EXHIBIT - 3 Agreement No. MASTER 203.00 Sample Organization Schedule of State Financial Assistance For the year ended State Agency State Federal CFDA State Receipts Federal Through Total Receipts And Program Contract/ Number State Receipts Title Grant Number (NOTE A) Department of Health Head Start GH501 93.600 50,000 (1) 50,000 (1) 100,000 Women, Infant ABI01 93.245 100.000 (1) 150.000 250.000 & Children Department of Elder Affairs Communi~' Care GC501 N/A 200.000 ( 1 ) 0 200.000 for the Elderly Elder Care GC601 93.003 60.000 60,000 120.000 Total 410,000 410,000 (2) 820.000 ( 1 ) (2) State Grants and Aids appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. $390,000 of this amount is included in the expenditures presented in thc Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: CAUTION: Federal CFDA numbers apply only to Federal programs. The purpose of this schedule is format iljustration only. The contract or grm~t numbers, CFDA numbers' and program titles are not intended to represent actual data. 24 Agreement No. MASTER 203.00 o 1o 1oo EXHIBIT- 4 ATTESTATION STATEMENT CONTRACT/GRANT NUMBER(S) I, (Head of provider agency) , hereby at-test, under penalty of perjury, that, (Name of provider age. cy) , complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended ~[ontJt, da.v, (Signature) mae) (Date) One copy of this attestation statement shall be submitted after the provider's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. '7his statement does not need to be notarized. 25 01/01/00 Agreement No. MASTER 203.0Q MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing.fi'om the Department of Children and Families(DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTQN TO BE TAKEN AND EXPLANATION OF THE, GRIEVANCE PROCEDURES FQR REVIEWING THAT DECISION Tile recipient must be informed in writing no less than 10 calendar* days prior to tile date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately: however, aotice must be made as soon there, after as practicable.) Services cannot be reduced, terminated nor any adverse action taken during the 10 day period. The Notice must conlain: a statement of what action is intended to be taken: tile reasons for the intendcd action: an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice posllnark (assistance in writing, submitlmg aqd delivering the request must be offered and available to the iudividual): 2) in Medicaid Waiver aclions, the individt,al's right to requesl a filir hearing from DCAF: 3) the individual's right, after a grievance rcview, for fi, rther appeal: 4) the right to seek redress through the courts if applicable: a statement that current benefits will continue if a gricvance review is requested, and will contmt,e until a final decision is made regarding thc adverse actio,u and a statement that the individual ,nay represem herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. All records of the above activities must be presen, ed itl the client's file. QRIEVANCE REVIEW PROCEDI..JRE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW Within 7 calendar* days of tile receipt of a request for review, the provider must acknowledge receipt of tile request by a written statemem delivered to tile requester. This statement nn,st also provide notice of: the time and place scheduled for the review: the designation of one or more impartial reviewers who have not been invoh,ed in the decision issue: the oppo~ni~ to e~mine, at a reasouable time before the review, the individual's own case record, and to a copy of such case record at ua cosl to the individual: the oppomuni~ to i~fformally present argument, evidence, or witnesses without undue interference at a reasonable time ~fore or during the review; a contact ~on for any accommodations required under Ihe Americans with Disabilities Acl: ~sistance, if needed, ia order to attend the review: and fl~e stopping of the intended action until all appaqls are exhausted. All grievance reviews must ~ conducted at a r~qsonable time. date and place by one or more impartial rehewers who have not been direclly involved in the initial delermination of the action m question. The my, ewer(s) mint provide wriuen notification lo the requester wiflfin 7 mlendar* days after the grievance review of: · e decision, stating fl~e r~ons therefore in detail: fl~e effect the d~ision has on current ~nefits. if favorable, or the circumstances regarding continuation of current ~nefiB until ali app~qls are exhausted: fl~e individual's hght Io ap~i an adver~ decision to the Area Agen%, on Aging I aO~"q~,_~ '01/01/00-' Agreement No. MASTER 203.00 by wrilteu request within 7 calendar* days: the availability of assistance in writing, submitlmg and delivering the appeal to the appropriate agency.; the opportunity to be represented by herself or by legal counsel, a relative, a frieud or olher qualified representative. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, tile AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. inust acknowledge receipt of tile notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AREA AGENCY ON AGING FOR SOUTHXVEST FLORIDA. INC. officials who have not been involved in the decision at issue; tile opportunity to examine at a reasonable time before the appeal tile individual's owu case record to date, and to a copy of such case record at no cost to tile indMdual; the opportunity to ilffonnally present argument, evideuce, or witnesses without undue interference during tile appeal; assislance, if needed, ill order to :mend tile appeal: and the stopping of the intended aclion until all appeals are exhausled. All appeals of grievance reviexvs lllt~sl be conducted at a reasonable time, date and place by one or more impartial AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. officials who have not been directly revolved ill tile initial dclcrmination of Ihe action in que$1ion. The designated AREA AGENCY ON AGING FOR SOUTH\VEST FLORIDA. INC. officiaL(s) nmst provide written notificalion to thc requester withiu 7 calendar* days after considering the grievance review appeal of: tile decision, slaling Ihe reasons therefore in detail: tile effect the decision has on currcnl benefits, if favorable, or thc circumstances regarding continuation of current benefils tmlil ail appeals are exhausted: tile individual's right to appeal, if applicable. Except for Medicaid Waiver actious, tile decisiou of the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. shall be tile final decision: and the availability of assistance ill requesling a fair heariag, including a notice regarding accommodations as required by the ADA. All records of tile above activities must be preserved and remain colffidential. A copy of the fi,mi decision mtkst be placed in the client's file. * In computing any period of time in'esc,'ihed or allowed by these guidcliues, the last day of tile pe,'iod su computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the periud shall run until the end of the next da.,,' which is neither a Saturday, Su,,d:Lv, or legal holiday. 27 o~/o~/oo Agreement No. MASTER 203.00 Attachment V Outcome/Output Measure PSA Target/ Comments Target Responsible Agency 1 No more than 1% of State and 99% 99 % 99% of contracted funds will be expended Federal funds awarded in contracts Lead for client services will be Agency unexpended. 2 The error rate of data entered into 3% or less 3% DOEA has AAA monitor this requirement the CIRTS Informatio,, error rate OAA separately. Registration and Tracking System registered (CIRTS) will not exceed 3%. or less ADI, CCE, HCE error rate 3 Number of people served 883 Projected Providers will use the unduplicated coup' :- Unduplicated Lead the approved grant application for this i Clients for Age.cy the County undulflicate d COUIIt 28 ATT C H ~1~~;~ EXECUTIVE SUMMARY APPROVE THE AWARD OF BID NO. 99-3024 TO WAL-MART STORES FOR THE SOCIAL SERVICES PRESCRIPTION DRUG PROGRAM OBJECTIVE: The objective is to provide pharmaceutical services to qualified indigent clients. CONSIDERATIONS: For the past 50 years, the Collier County Social Services Department has provided assistance to the County's poor and needy as stated in State Statute 125.01. There were 5,478 clients assisted with prescription medications in FY 1999. Clients must meet stringent eligibility criteria including income, asset limits, legal status, and county residency before assistance is given. Most clients are frail elderly on fixed income or are chronically ill with little or no income. Bids were publicly posted December 10, 1999, along with 69 inquiries sent to prospective bidders, 6 of whom responded by requesting bid packages. The opening date for bids was December 29, 1999. As evidenced by the attached Bid Tabulation Sheet, Collier Health Department Pharmacy was the lowest bidder but all required specifications were not met. Staff is recommending the second lowest bidder, Wal-Mart Stores, because all required specifications were satisfied including hours of operation, available inventory, and required multiple locations. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: Funding for pharmaceutical expenditures in the amount of $350,000 was approved in the FY 2000 Department of Social Services/Client Assistance budget 001-155930 and will be funded from the General Fund. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the awarding of Bid No. 99-3024 to Wal-Mart Stores. Marth~,~kinner, Social Services Director Approved by: ~chasin'g l~iirector Steve Carnell, Date: Reviewed an~ ~/~ I Approved b~-: ~]g~___,~__~__ _,~.~_, Date: ThomaS -W'.~llif~P~S~vices Administrator Agen JAN 2 5 2000 I EXECUTIVE SUMMARY APPROVAL OF ATTACHED RENTAL AGREEMENT WITH TELIMAGINE, INC., --~OR TELEPHONE SYSTEM RENTAL AGREEMENT FOR HEADQUARTERS ~BRARY AND SIGNATURE ON THE CONTRACT. OBJECTIVE: Approval of telephone rental agreement with Sprint Telimagine, Inc., for a new phone system for the Headquarters Library. CONSIDERATIONS: Library has outgrown its current telephone system. New voice mail boxes and support lines cannot be added to the current system. The Sprint system selected is similar to those selected for other County departments, and is recommended by Information Technology Department. This rental plan allows the Library to upgrade as telephone technology improves, without a large initial investment in this equipment. FISCAL IMPACT: Cost is $687 monthly. Funds are available in the Library's FY2000 Budget. (001-156110) Additionally, 60% of the cost maybe reimburseable with funds from the Federal Universal Service for Schools and Libraries Fund. (E-Rate) These E-Rate funds are currently being requested for the period of July 2000 lhrough June 2001 .If approved, approximately 60%. of the monthly costs would be paid by the E-Rate program. ~OWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Library Staff recommends approval of the contract and authorization for the Chairman to sign the contract. Marilfn M~{'{he~, 'As~thht' ~'~-brary Director Reviewed and Approved by: Reviewed a,n,d ~, ~ Approved b~y~.. ~. ~..,a~ ,,.z . ~w DATE: Thd~s- W"701h:'='Tf, Pu~~ ervice s Administrator J .lAN 2 5 2000 - Spriat. TELIMAGINE TECHNOLOGY PLAN RENTAL AGREEMENT VOICE TELIMAGINE, INC. 311 Park Place Blvd., Suite 100 Clearwater, FL 33759 Telephone (727) 799-7365 Fax (727) 723.-1121 19218 Customer Name: IContact: Phone: Collier Count)' Governments DBA Collier Public Library Marilyn Mathis (941) 261-8208 Address: 650 Central Avenue City/State: Naples, FL 33940 Branch: Dear Customer: We have written this Rental Ag~-~ment in ~imple ·nd easy to read language because we want yo~ to under, and ilo terms. Please read year copy carefully and foci free to ask us any questions you may have about it We use the words "you" and "year" to mean you, the cu~mer. The words "we", "us" and "our" refer to TELIMAGINE, lac The word "Agreement' rafers to this Rental Agreement. I. RENTAL AGREEMENT: We agree to rent to yea end yea agree you rent from ua the equipment listed on Exhibit A. (the "System") tn on any schedule to this Rental which wes selected and setup by yea or in consultation with your Vendor. You promise to pay ua the mum of all the monthly rental payments which mum ran be calculated by multiplying the numbe~ of months times the amount of payments indicated below Yea agree that. at our option, any schedule to this ·greernent shall be considered e eepa,lte agteernent and the terms and conditions OF this ·greement shall gms ·pply to any schedule. 2. TERM: This is a 60 month Rental Agreement which eommence~ when it is ligned by yea and ·ccepted by us. 3. PAYMENT AMOUNTS: Pavmentsof 5687,00 are due monthlv on the seme dav of each month durina the tenn of thia AexeemenL Ifenvoartofaltavmentismorathanten(10}davslateveaaareeto0avalatechar~eofl(Y'/o of the payment which is I·te. Security Deposit: $1374.00 , rafuod·ble to you upon expirstion of the Agreement provided all Rental terms end conditions beve been prope~y fulfilled by yea. 4. TAXES: In addition to the amount shown above, you agree to pay any applicable sales lanes and personal propen3, taxes. S. INSTALL.ATION AND MAINTENANCE: Provisions pertaining to installation and maintenance ara set forth in Exhibit B which ia your eeparste agreement with the Vendor yea selected Upon completion of installation. provided the System is substantally in working order, yea agree to si~n the Certificate of Acceptance attached es exhibit D upon ear request or your Vendor's 6. LOCATION AND OWNERSHIP: You will keep and use the System only at the address shown ·bore (the 'Premises") If the System is to be installed al a different address, iodicale that address on Exhibit A You agree the System will not be removed from the Promises unless you get ear written permission in advance to move it. We are the owner of the System and have title to the System. Yea agree that yea will keep the System free from any legal process or lien wbetso~veL and yea will give us notice if any legal process or lien is asserted or made ·gainst the System. 7. NO WARRANTIES: We are renting the System to yea "Aa ls". We make no warta~.~'=,t expresses or i,~.F!!e"J, including v, arrantes cf fitness for · particular purpose or ordinary use in connection v, lth this Agreement A limited warranty is provided by year Vendor in Exhibit B, Section 4 If Vendor or anyone else ha,~ reade a repreaentatic'~ or warranty to you as to the System oc any other matter, you agree that any such representation or warranty shall not be bindin8 on us, nor shall the breach of ~uch relieve yea of, or in any way affect, any of year obligations to us under this Agreement. So long as yea are not in default under any of the terms of this Agreement, we transfer to you any warranties mede to ua by your Vendor, the manufacturer, or the supplier Yea understand and agree that your Vendor. its agents and employees are not agents OF ours, non' are they authorized to waive or change any term or condition of this Agreement. You agree that regardless of cause, yea will not assert any claim whataoevor ·geinst us for loss of profits yea expect to m·ke or any o~her direct, special or indirect damages g. ADMINISTRATIVE FEE: At the beginning of this Agreement yea shall pay to us a one-time administrative fee, not to exceed S65 00 to reimburse for our starl-up administrative and recording costs. 10 RISK OF LOSS: Yea shall bear all risks of direcm physical Ios~ of, or damage to the System This occurrence of any loss or d·mage to the System ah·Il not relieve either you or us of our obligations as set forth alger, here in this 11. INSURANCE: Yea agree to keep the Equipment full)' insured against loss during the entire term of this Agreement. Yea also agree to obtain a general public liability insurance policy from anyone who is acceptable to us before Ihis Agreement term begins If you do not provide us with acceptsb~e evidence of insurance, we may, but will not be required to, buy such insurance for yea and add · charge to your monthly payments which witl include the premium cost, costs associated with effecli,~g the insurance and a carrying charge of I.$% per month on the unpaid premium cost, or the highest rate allowed by applicable law, whichever is lower 12. TA~Y,,F,-~ND FEES: You agree to pay when due, all taxes, fees, fines ·nd penalties relating to this Agreement including filing and releasing fcea prescribed by the Uniform Commercial Code or other ~aw. or at o,r ~ption. a non- filing, fee If we pay any of the above for you you agree Io reimburse ua on demand Where applicable, estimated taxes and fees may be billed monthly based on historical data 13. A .'NTt YOU MAY NOT SELL, TRANSFER, ASSIGN OR SUBLEASE THE SYSTEM. We may, without notifying you, sell, assign or transfer this Agreement and ownership of the System and you agree 14. DEFAULT: If you do not pay rent when due or if yea break any of your promises in this Agren~ent. you will be in default If your default continues ten (10) days aFler writlen or telephone notice of your default, we may, at our us the remaining balance of all rental payments due under this lease, present valued using a six (6%) percent pet yesr discount rate We can alms use any of the remedies available to us under the Uniform Commercial Code or any other law If we have to take possession of the System, you agree to pay the cost of repossession. The occurrences of any losses or damage to the Sy~em shall not relieve either you or us of our obligations set fo~h elsewhere in this 15. RENEWAL: This Agreement may be renewed for an additional thirty-six (36} month term upon written receipt of notice to renew ·t least thirty (30) days before the end of the term The rental payment for the renewal term WIll be 75% of the monthly payment, including any add-ons then in effect. 16, RETURN OF TIlE SYS"r~M: At the end of the term of this Agreemenl. you agree to immedialeiy re'mm the System, in condifon as good as received, less normal wear and tear, to such place within the United States as we design·to. The System shall ·t your sole expense be properly crated and shipped, by such reasonable means as de,gu·ted by urn. freight prepaid and prop~ly insured. 17. FORCE MAJEURE: Our performance shall be ·djusted or suspended in the extent performance is beyond our resmsnable control for reasons including without limitation, the following: strikes, work stoppages, fire. water, flood, lightning governmental action, acts of GOd or public enemy, delays of supplier& msbcontr~ctors, power company, local exchange company, of other cae'ice oc any fallura by Customer to perform such as Customer non-payment or 18. MISCELLANEOUS: (a) THIS AGREEMENT WILL BE GOV{iRNED BY THE LAWS OF THE STATE OF FLORIDA, and venue for any suit involving this ulnsacfon shall be in the nearest county from the Premises where we maintain · principle place of business. (b) In the event any provimion is found to be illegal or unenforceable, the same shall not affect any other pm of this Agre~nent, and this Agreement shall be construed as if such invalid, illegal or unenforceable proxdsion, covenant or condition had neve~ been contained herein. (c} The waivor by either pa.rty of any default will not operate as e waiver of s subsequent default. (d) Except as provided herein, e·ch provision , covenant and condition contained in this Agreement shall inure for the benefit of, and be binding upon. the parties to this ^grecment, their respective assigns end msccesmsrs in interests. (e) If more than one Customer executes this Agreement. they do msjoinHy and severally. (0 Titles used in this Agreement have no le~ meaning of any kind ·nd are for the c.~nvenience of the parties only. (8) All exhibits attached beralo shall be incorporated herein for all purposes (h) This Agreement shall not become bindins upon us until executed by an authotzed oi~oor of TELIMAGINE, Inc. (ii You will pay all of our costa and expensem, including reasonable attorney's fees of at least r. venty (20%) of the remaining balance of all rental payments and collecton fees in enforcing this Agreement. You also give ua the tight to immediately file, at your expense, any Uniform Commercial Code ("UCC") financing statements or related filings, and the right to sign your name to any such filings that we may make, at a prejudgment interest rate of 1% per month or Iowor if ~:luired by law. 19, UCC-ARTICLE 2A PROVISIONS: You ·gre~that this Agrenmenl ia · "Finance Lease" under Article 2A of the Uniform Commercial Code, that ia you acknowledge that: (·) we did not select, manufacture or supply the System. but we did porchase the System f~ rent to you; and (b) we have given you the name of the suppliee of the System you ·re renting from us and thorefore, the supplior is set forlh in this Agreement or on the attached schedule We hereby notify you thst you may have rights under the supply contracts and that you 'nay .':ontacl th~ ~uppli~ es- a description of these 6Shes or any warranties To the extent permitted by applicable law, you' waive any and all rights and remedies co,alerted upon you undor UCC Seclion 2A-303 end 2A-$0g through 522. EXECUTION: You agree Io aH the terms ·nd conditions above and in the ·reached Exhibits or on any Schedules to this Rental. The terms in the attached Exhibits era part of this Agreement, except that you acknowledge that we have no responsibilities or obligation regarding the lervice or maintenance of the System. You agree to make all rental payments under this Agreement directly to us or our assiguee. TKLIbtAGINE, INC.'S EXECUTION OF TIlE AGREEIM£1~I' IS SUBJ£CT TO CREDIT Ai~PROVAL. You agree thai this Agreement cannot be terminated exceg4 as provided f~ in this A~eement. You also agree that this System will not be used for personal, family or household purposom. I acknowledge that ] have received the deei~nated Exhibit: Exhibit A - Systems Itemization __ Exhibit D- Certificate OF Acceptance ~%cgno~vi~a'g~cr'a"dd-AE¢.e~t~d Bv: tMust be Siam-ed ov an u er CUSTOMER: Collie~ County Governments ~)BA Collier Public Lib~la'ry Address: 650 Centxal Avenue, Naples, FL 33940 'rHEJ.~DERSIGNS HEREBY AGREES TO ALL OF THE TERMS AND CO{~ 'INS AS SET FORTH ON THIS RENTAL AGREEMENT CAND · N\ .~DULE TO THIS RENTAL AGREEMENT) By: (Typed Name of Officer Signing) Timothy J. Constantine, Chairman BEC rifle: (Officer Required)(e~ (. ~t A ~ Date: Exhibit B - Installation and Maintenance Provisions __ Exhibit C - Fixed Add-On Pricing __ Acknowledeed and Acceoted By: TELIMAGINE, INC. 311 Park Place Blvd., Suite 100 Clearwater, FL 33759 By: Signature: Title: Date: _ Spriat TELIMAGINE, INC. 311 Park Place Blvd., Suite 100 Clearwater, FL 33759 727-799-7368 FAX: 727-723-1121 EXHIBIT A RENTAL AGREEMENT Customer Name: Collier County Governments DBA Collier Public Library Address: 650 Central Avenue Naples, FL 33940 Approved as to form &.legal ~t County Attornoy Rental Features · Warranty Service/Full Term ® **Upgrade Ability ' Complete Installation * G'_'a:anteed Pricing/Future Equipment · Twelve Month Renewal at Current Rental Amount ® Thirty-Six Month Renewal with 25% Reduction in Rental Payment SYSTEM ITEMIZATION I - Modular ICS 1 - 4.1 Software 4 - LS/DS Analog Trunk Cards I - Fiber Trunk Module I - Fiber Station Module I - 6 Port Expansion Module 1 - 4 Port Norstar Voicemail 35 - M7324 Telephones 2 - Key Lamps 2 - Aux Power Supplies 1 - Minuteman UPS I - Minuteman XRTBPI Maintenance - Extended Plan 24 Hours a Day, 7 Days a Week, Including Holidays and Weekends 4 Hours of End User Training (PBX Only) Date: **You may upgrade your existing system at any time during the contract, for any reason if the upgrade meets the following conditions: (i) you acquire the new system from Sprint, (ii) you return the existing system as provided in Section 16 of your Rental Agreement, new rental contract with us for the new system for a term greater than or equal to the term set forth in Section 2 &your exist and with a payment amount greater than or equal to the monthly payment in effect at the time &the system upgrade, and (ix receive credit approval from us for the new contract. you JAN 2 5 200O - Sprint EXHIBIT B ~lai.t ...... Contr,. No. #19218 TELIMAGINE, INC. I.stallation end ,~lai~tenance Agreement 311 Park Hace Blvd., guile I00 Be~n Vendor and Costomer REP: Phil Christie Clea~nter, FL 33759 REGION: Fo~ Myer, FL Telephone (72~ 7~-7~68 Fax (72~ 7~1121 SECTION h INSTALLATION 1. CUSTOMER RESPONSIBILITY: Customer w~ll provide: (1) access, casements, co~seots, and microwave lice~se~ necessary to install or service the Synem; (ii) necessary floor plans, space for the System and acct~sible wiring Iocatloes free of asbestm and o~er environment ha. ca.ds per government regulations; (iii) separate source, c~reuits end purer (including isolated ground); (iv) suiuble operating environmenl (including air condltloning~ humidity, heat and ~.~i~') p~' manufaotum"s specifications; (v) completed copies of databasa feature for~s; (vi) recew~, co~du~t, holes and w~reways; and (~i) a secure room w~th locks for lemporary System storage. Vendor is not responsible for rn'stor~ng the Premise~ to thalt original conditlo~ or removing old phones or cabling bu~ w~ll remove all litter generated during the wo~, Cusip:net repre~mts and warrants that Customer's premises and conditions to be encountered by Vendor at Customer's premises shall (i) be in compliance w~th all applicable federal, ~nte and local law~ rules and regulations, (ii) be safe and non-hazardous, (iii) not contain, present or expose Vendor's repreaenfntives to hazardous mate~als or h~zardous substanca~. In the event OF breach of the f'ort~oin& Vendor may immediately suspend ~ until Customer has promptly correcled such condition (s) at Customer's expense. Customer shall indemnify Vendor for any breach of the representations, warranties or covenants contained herein. Vendor m~kes no representations u to the presance or ah.sauce of hazardous materials 2. DELIVERY AND INSTALLATION: Vendor shall deliver, install and test the Equipment at the location designated o~ the face hereof, installatior~ and testing shall comply with all applicable [aws and regulations. The installation shall include the necessary labor, super~.'ision, tools and equipmenL technical and professional services, mainframe, cabling and asso~eted hardware as required, buyer training and site clean up Ail of the work shall be in confocrnance, with any plans, q~'cificatic~s, standard and drawings as agreed between Vendor and Customer. 3. DELIVERY AND ACCEPTANCE: Once the equipment is installed and oporating according to menufac~rer's specifications, Customer shall sign the Delivery and Acceptance form as verification of proper installation for TELIMAGINE, Inc. 4. WARRANTY: Vendor warrants that the System will be free from defecu in mater~al and workmanship and will co.form to the manufacturer's specifications for a poriod of one (I) year from the date of installation. T~is wai'Tanry shall not extend to any Equipment which h~ been subjected to misusa, negJecL accident, abuse, failure or surge of elec~c power', failure of environmental control, improper repair or service by persons ~ther than the Vendor. o~ its contractor% alectr~cal storm, lightning or failures resulting from other ex~osic causes. Any repair or sunice po~ormed pursuant to Customer's request, which is not covered pursuant Ia warranty shall be billed at Vendor's current rates and charges. Such amounts shall be promptly paid by Customer upofl receipt of Vendor's iovoice T~is obligation shall survive expiration v: the warranty. Should any defects covered by this warranty appear within the warranty poriod. Vendor shall, at its option, repair or replace the d~'ec~ve parts at its expense. Repair or replacement pans, which shall be furnished on an exchange basis, may be new or used with equivalent-to-ne'w performance. Returned par~ shall become the property of the Vendor. The Vendor's repast or replacement of defective of failed Equipment shall be in the Customer's sole remedy with respecl to the warranty. EXCEPT AS SPECIFICALLY MADE tlERKIN, VENDOR MAKES NO WARRANTIES, EXPILKSSED OR ~,IPLIED. AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. S. LI~flTATION OF LL~DIL~TY: Vendor shall not be liable for any indirec~ incidental or co~sequential damages (including lost profits) sustained or incurred in connection with or arisi ng o~t of Ihe System or services furnished or to be fur~ished by the Vendor under this AgreemenL regardless of the form of action, and whether or not such damages were foreseen or unforeseen In no event shall Vendor be liable for damages, loss or expenses of any nature whatso.e~er that may result from the fraudulent or unauthorized use OF equipment~ ~'vices sold thereunder. 6. ~,LAINTENANCE AGREEMENT: Vendor provides maintenance service subsequent to the warranty period under a separ=te maintenance agreement. 7. FORCE MAJEURE: Vendor shall not be liable for any failure to perform any part of this Agreement due to federal state, or local government action, status, ordinance or regulation, strike or other labor trouble, r~ot or other civil disturbance, sabotage, fire, flood, lightning or electrical storm, or ac~ OF GOd, inability to secure the Equipment or necessary ancillary mate~al or supplies, or any other causa beyond the reasonable control of Vendor 8. LICENSES OR PERMITS: Customer shall be responsible for obtaining any licenses, permits, co~,nts or approvals from any Federal, state or local government which may be necessary to inslall, own or operate the Equipment Agreement 9. DLrl'Y TO DEFEND AND INDEMNIFY: Customer shall defend Vendor from any claim or cause OF aotion, whether for personal injury or property damage suffered by Vendor's own employees or agent(s), w~ich arises o~t OF or is related to Vendor's pe~orrnance OF this agreement and which is am'ibutable either to Customer's negligence or breach OF this agreement I 0. RISK OF LOSS: Tbe risk of loss or damage to the Equipment shall pass from Vendor to Customer upon delivery of the Equipment to Customer's premises 11. TITLE: Title to the Equipment shall pass from Vendor to TEL~.~AGI'NE, lac t Ix.;:. TELFMA 3INE'S p:yment of the full purchase price of the equipment 12. WAI%~ER: No waiver by either puny of any provisions of the Agreement shall ~,e deemed to be a waive: of any other provisions of t~is Agreement. Any waiver mus~ be in writing and signed by the party against whom such waiver is sought to be enforced. 13. NOT/CE: Any notice required or pormitled to be given under any of the provisions of the Agreement or governing law shall be given in writing and either hand delivered or sent by fatal-class mail. postage pre-paid, to the olher par~"~'"'" ddress on the face hereof or any address later provided to the other par~ Such notices shall be effective upon receipt by the other party. 14. %SE ORDERS: Any purchasa order issued by any other party shall be deemed to have bee. issued for irs own purchasing, accounting and other record keeping purposes only and shall not be deemed Ia be a par~ ofthis · __~_ :. ~'x.-r~r~ r~ · ..-e ~"F~i. t. o. ....... 16. PAYT~ENT: If, for any reason. TEL[MAGfNE fails 1o render payment 1o Vendor for any equipment installed pursuant to this contrac~ or later added pursuant to Customer's request, Customer shatl b~ responsible for rendering payment in furl In the event Vendor must pursue legal remedies to compel comptianee with the ter~s of this contrac% Vendor shall be entitled to recover interest on the unpaid balance of one and one hat£ (I t/~.%) per month or the maximum rate permitted by law if different from I I/2% from Ihe due date until paid, attorney's fees and any costs ~ncurred including collections costs. 17. CAPTIONS: The captions and titles used in connection with the section in this Agreement have been insetted for convenience only. They do not purport to. and shall not be deemed :o deRne, limit or extend the s~ope OF the clauses to which they pertain SECTION I1: MAINTENANCE 1. Vendor will provide all poru. mechanisms and labor necessary to keep the equipment in good repair and working order. 2. Vendor shall respond to emergency service whhin t'eur h~rs of receipt of nobce from yon requesting such service. Vendoc will respond to reque~a Io po~orm service for any significant malfunction of the System within Vendor's next business day n~er receipt OF notice from Customer requesting service. Vendor shall not be liable for failure to perform or to ~n'vice if prevented From doing ~o by reason of fire1 strike, storm or any other reason beyond Vendor's control In ~e event the problem is caused by the local telephone company's service or equipment, Vendor w~ll not be liable for any costs or damages arising from such problems. 3. ]f pers~qs other than Veodor's technicians perform service on the System or tamper with it in any way, this w~ll void Vendor's maintenance obligation Any costs required to restore the System to good operating condition by reason the-eof shall be paid by the Customer to Vendor directly. 4. Vendor's maintenance obligations do not include any labor or material costs resulting from adding additional equipmenL moves, changes or rearrangement OF System or removal or relocation ofthe andre System S. Customer shall provide Vendor w~th full and unrestricted access to the System in order to po~orm the maintenance as set forth herein. 6, Customer hereby acknow4edgns that modifications performed by unauthorized distributor~ or dcelera may result in a denial of ~oRwere support services from the manufaclurer of the System. Vendor shall not be required to service the modifications or continue servicing the System in any capacity to remedy any problems caused by such modifications including safety hazards, equipment malfunctions or any problems associated with hardware addR~ons which exceed the softwart capacity of the System. 7. Maintenance service under this Agreement will NOT include: Work on any Equipmem that is not located at the address l~sted in tbe Agreement. b Making customer specification changes or adding or removing accessories, attachments or other de~ces. c Moving or relocating the Equipment. d Repair or replacement of ]psi or stole11 parts or materials, repair or replacement of parts, materials or su~ware damaged through accident, negligence, abuse, misuse, failure OF alectfical power, air conditionin~ or humidity contrcd. ~ot or other civil disturbance, s~ke or o~er labor trouble, sabotage, fire, flood, lighming storms or sots OF GOd. Customer agrees to maintain a clean, dust-free, ventilated environment with a temperature range of $5 degree~ - ~0 deg.-ex Fahrenheit and 30% - $0% ralstiva humidity. e. Failure or malfunctior~ OF attached, related, collateral or ancillary equipment not covered by this Agreement: or £ Werk on Equipment nm listed in this Agreement. g. Repairing of' damage cau~:l by servicing of Equipment by peraons other then VENDOR, or its contrnctort g. VENDOR w~ll have the right to subcontract, in whole or in pan, ~e maintenance work covered by the Agreement. 9. NOTW1THSTANDXNG ANY OTHER PROV'IS~ON connexion w~th services performed or to be performed under this Agreement. ~8~:lless of the form of action, and whether or not such damages were for'eseen o~ unforeseen. VENDOR shall not be liable in any way for delay, failure in performance, or damage due to any of the follow, ne force majeure conditions: fire, st~ke, e,~bergn, explosion, ~ failure, flood, llghotin& w~r, water, electrical storms, labor disputes, civil disturbances, government requlremenL civil or military nuthoriw~.=n=~c~s. OF POd a~d publi?~,eomy, iflabi£!e~y to secure tep'ncement par~ oc_mate'~ale, transportation fecillties,, or other causes beyond iu rca.~nable control whether or not similar to the foregoing Acknowledged and Aectpted By: ~ ~l,,~j~ ~! C-p~,,~b% C'TL'q~f ~ 4~ ~'"~,~f./~ Atknowledged and Aeetpted ]By: Customer': CollierCountTGevern~ents"~}~'Co~l~rPublkLibrlary w' ~ --- ' ~11~ -_1~. Vandor: Addre~: 650 Central Avenue Naples, FL thy J. Constantine, ) Name of Off~e~ Sl~nlng) Cha ~ rrna n Title: Date: #41368088 )C,L/',e~ ~'" By: (Typed Name of Peeson Signing) Signature: ~ t ~ x I Date: J - Sprint TELIMAGINE, INC: 311 Park Place Blvd., Suite 100 Clearwat~', FL 33759 Phone (727) 799-7368 Fax (727) 723-1121 EXHIBIT C FIXED ADD-ON PRICING VOICE EQUIPMENT You may add any of the following equipment to your System at any time during the rental term for the monthly rental amount listed below. Customer Name: Collier County Governments DBA Collier Public Library Address: 650 Central Avenue Naples, FL 33940 Additional Equipment for a 60 month term NORSTAR MODULAR ICS EQUIPMENT DESCRIPTION REMOTE ACCESS DEVICE (/laD) DID TRUNK CARTRIDGE PCI "B" CARD ANALOG TERMINAL ADAPTER 2 M7100 M7100 M7100 M7310 M7310 M7310 M7208 M7208 M7208 M7324 SET, BLACK SET, ASH SET, GRAY FEATURE SET, BLACK FEATURE SET, ASH FEATURE SET, GRAY SQUARE SET, BLACK SQUARE SET, ASH SQUARE SET, GRAY EXPANDED SET, BLACK M7324 EXPANDED SET, ASH M7324 EXPANDED SET, GRAY KEY LAMP MODULE, BLACK KEY LAMP MODULE, GRAY BUSY LAMP FIELD, BLACK BUSY LAMP FIELD, ASH BUSY LAMP FIELD, GRAY Timothy J. Constantine, Chairman X ~nature Title RENTAL AMOUNT $25 $59 $34 $11 $19 $19 $19 $26 $26 $26 $25 $25 $25 $32 $32 $32 $25 $25 $11 $11 $11 In an effort to provide the best service' to our customers, we will offer a 20% discount for any item on this schedule following our receipt of the Delivery and Acceptance Certificate. This Fixed add-On Pricing is guaranteed[or thq~ih"ifl~t~f the contract plus any renewal period(s) and is subject to credit approval. ~ ~E.ST: ~f. , ~f ,_ O~T.E. B~, CLE~ l ~T.~ TelImagine, Inc. NON-APPROPRIATION OF FUNDS ADDENDUM Addendum to Lease Contract between Tellmagine, Inc., as Owner, and Collier County DBA Collier Public Library as Renter, dated Notwithstanding' anything in the Rental Contract to the contrary, in the event the Renter is not granted an appropriation for funds for equipment which will perform services and functions which in whole or in part are essentially the same services and functions for which the equipment was leased (if such appropriation is specifically required to pay the Rental payments herein); and operating funds are not otherwise available to the Renter to pay the Lessor payments; and there is no other legal procedure by which payment can be made to Owner, and the Non- Appropriation of funds did not result from any act or failure to act on the part of the Lessor, Renter shall have the right to return the Equipment to Owner (at Renter's expense, to a destination Owner directs, in good working condition less normal wear and tear); and terminate this Rental Contract by a Notice to such effect served not less than 30 days prior to the end of the Renter's fiscal year. -t such premature termination, Renter may not thereafter, acquire functionally similar equipment for the full ..nal term of the Rental Contract. In the event, subsequent to such premature termination, funds are made available to Rental for equipment which will perfe.wn services and functions which in whole or in part are the same services and functions for which the Equipment was originally leased, Renter agrees, at Owner's option, to purchase, rent or otherwise iacquire s¢ch equipment from Owner. Timothy J. Constantine ~'.By -X Date Title Lessor Tellmagine, Inc. By _X Title APPLICATION # 19218 ATTEST: Date County -Sprint EXHIBIT D TELIMAGINE, INC. CERTIFICATE OF ACCEPTANCE 311 Park Place Blvd., Suite I00 Clearwater, FL 33759 Telephone (727) 799-7368 Fax (727) 723-1121 19218 In compliance with the terms and conditions of the Rental Agreement dated between Collier County Governments DBA (Customer) and Tellmagine, Inc., Customer hereby accepts the System and certifies Collier Public Library that the equipment and sofhvare described in Exhibit A (System); (i) is cutover and operating in accordance with the manufacturer's specifications; (ii) conforms to Exhibit A (including any additions or deletions set forth in any Modification Agreement); (iii) is accepted a installed; and (iv) that payment of the Rent is due Tellmagine, Inc. without deduction, setoff or abatement. Customer acknowledges that Customer's execution of this Certificate of Acceptance does not relieve customer of any obligation to make payment due under any Modification Agreements issued by TelImagine, Inc. at Customer's direction. We have already received the original executed copies of the rental agreement, exhibits A-C and any Other required documents as they pertain to this rental. The rental contract shall commence and become effective when this Certificate of Acceptance is faxed back to us and received by us at our Florida office. The rental term and payments shall begin at the time of commencement. You may sign the document and transmit it to Tellmagine by facsimile ("fax). T~l!magine's fax number is 1-727-723-1121. If you transmit this document to us by fax, the fax version of this, as received by us, shall constitute the original Certificate of Acceptance and shall be binding on you as if it were manually signed. We may treat and rely upon any fax version of this as the signed original. Collier County Governmenti DBA Collier Public Library Address: 650 Central Avenue Naples, FL 33940 Timothy J'. Corist:ant:ino By: (Typed Name of Person Signing) Signature: x Title: Date: Approved as to form_& legal sufficiency, Assistant Count}, Attorne~r Agen ~ JAN 2 5 ZOOO EXECUTIVE SUMMARY AUTHORIZE COLLIER COUNTY DOMESTIC ANIMAL SERVICES TO PROPOSE CHANGES AND CONSOLIDATE EXISTING ANIMAL CONTROL ORDINANCES OBJECTIVE: To obtain permission from the Board to consolidate Collier County Ordinances 93-56 and 94-10 and to propose changes to the existing ordinances, which will provide for easier enforcement, correct current errors, and establish new fees and fines for violations. CONSIDERATION: Collier County Domestic Animal Services (DAS) is currently using a combination of Collier County Ordinances 93-56 and 94-10. Ordinance 94-10 was established to amend Ordinance 93-56. DAS would like to develop a single Animal Control Ordinance, which would combine the existing ordinances. DAS discussed developing a new ordinance with the Collier County Attorney's Office. They suggested obtaining ordinances from other locations for comparison. DAS has collected and reviewed several Animal Control Ordinances from different areas. After reviewing these ordinances, it is felt the existing ordinances should be rewritten to include additional definitions, basic standards for care, an increase in some fees, and a multi-teer system for repeat offenders. On December 14, 1999, a Mr. Gerald McLean addressed the Board under the public comment portion of the agenda. The new ordinance will serve to address Mr. McLean's comments by increasing penalties for violations. FISCAL IMPACT: DA$ collected $42,309.50 in fines and fees during FY 98-99. An increase of fees and fines would increase the revenue of the department. The amount of revenue increase would depend on the amounts proposed by new ordinance. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Collier County Commissioners, direct staff to proceed with the reorganization of the current Animal Control Ordinances to provide additional fines and correct deficiencies in the current Animal Control Ordinances 93-56 and cj4--10. APPROVED BY: ~l~'~,~,.J'--~/'~'"'~t~ _F/~ Date: Th~n~-W'.'~lliff, l~'~er~iCes Administrator JAN 2 5 2000 EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT WITH SAINT KATHERINE'S GREEK ORTHODOX CHURCH, INC. FOR USE OF COUNTY-OWNED LAND FOR PARKING. OBJECTIVE: Approval of a Limited Use License Agreement ("Agreement") between Collier County ("County") and Saint Katherine's Greek Orthodox Church, Inc. ("St. Katherine's") in order to allow for the parking of cars on County-owned property for St. Katherine's annual event. CONSIDERATION: St. Katherine's has requested use of the vacant portion of County-owned property located east of the Domestic Animal Services Facility on Airport Road ("Property"). This area will be used for parking for the St. Katherine's annual event. The Property shall be used on February 4, 5 and 6, 2000. Prior to the event, St. Katherine's shall acquire any and all permits by Collier County and any other governmental entity in order to utilize the Property. St. Katherine's shall also post cash bond money to ensure adequate clean-up of the property at the termination of the Agreement. St. Katherine's shall also provide and maintain general liability insurance to be approved by the County's Risk Management Department for not less than Three Hundred Thousand Dollars ($300,000). The Director of the Domestic Animal Services, the Director of the Risk Management Department, the Public Services Administrator and the Office of the County Attorney have reviewed the Limited Use License Agreement. FISCAL IMPACT: None GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners review and approve the attached Limited Use License Agreement between Collier County and Saint Katherine's Greek Orthodox Church, Inc. for the purpose of allowing cars to park on the grassed area east of the Domestic Animal Services Facility and authorize its Chairman to execute same at a later date following final review by the Office of the County Attorney. 'qVlichael H. Dowling, SpecialisTIII, Real P~perty Management Department Th~ma~"~if~f~, ~drn'i'n~or, Public Services Division DATE: I I JpAN. 2 5 20QQ LULA: LIMITED USE LICENSE AGREEMENT ITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF stlE STATE OF FLORIDA AND SAINT KATHERINE'S GREEK ORTHODOX CHURCH, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR PARKING. This Limited Use License Agreement entered into this __ day of February, 2000 by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County", and Saint Katherine's Greek Orthodox Church, Inc., a non-profit Florida corporation, whose mailing address is 7100 Airport Road North, Naples, Florida 34109, hereinafter referred to as "Club". WHEREAS, the Club requests the use of County-owned land for the purpose of overflow parking for the Club's annual event which is to be held on February 4, 5 and 6, 2000. WHEREAS, the County is willing to approve the use of County-owned land for such purposes; NOW, THEREFORE, BASED UPON THE MUTAL PREMISES, HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The County hereby approves the use of County-owned property identified as the vacant grassed area to the east of the Animal Control facility located at 7077 Airport Road North, Naples, hereinafter referred to as "Property", for the purpose of parking cars for the Club's annual event. 2. The County approves the use of the Property by the Club on February 4, 5 and 6, 2000, between the hours of 7:00 a.m. and 11:00 p.m. 3. The Club shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees · ssociated with the intentions of this Agreement, such responsibility not being limited to trash collection and clean-up of the Property. The County shall not be obligated or required to improve, repair, or maintain the Property or any part -~'~.of in any manner whatsoever. The Club shall acquire any and all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Club shall post a Five Hundred and No/100 Dollar ($500.00) cash bond with the Real Property Management Department by January 28, 2000, to ensure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace the Club's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, the Club will provide to County, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Club covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all pre, sent and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all govemmenta! agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so directs, the Club shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Club, and repair any damage caused to the Property by such removal. 6. The Club shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to January 28, 2000; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the County by and through the Collier County Real Property Management Department. 7:;' ' h '2'~ ,;.,:-{. .. [ %,, 8. The Club agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertion or cause of action for any loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. The Club r~'~a, er agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, ;es or fees, including attorneys' fees, arising from any claims or cause of action for loss, injury or damage to as or property arising from or associated with the Club's activities or use of the Property. 9. The Club covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to occupy same without the written consent of County. 10. The County reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon one (1) days notice to the Club of County's intent to reschedule and/or cancel. 11. The County and Club specifically agree that this Agreement represents a license for the Club's use of the Property and does not convey any estate in the Property or create any interest whatsoever. 12. The Club represents and warrants to the County that no hazardous materials wilt be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The Club shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 14. The sale of alcoholic beverages shall be prohibited on the Property during this event. ! 5. This Agreement shall become effective upon execution by both the County and the Club. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE CLUB: iD: Witness (signature) (print name) Witness (signature) (print name) By: SAINT KATHERINE'S GREEK ORTHODOX CHURCH, INC. a Florida Non-profit Corporation HARRY DEMAS, President AS TO THE COUNTY: ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE ,Chairman Approved as to form ~Jll~ legal sufficiency: Zachary A~istant County Attorney EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, C.OLLIER COUNTY, FLORIDA, TO EXECUTE DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMENT FOR PURCHASE OF BURIAL LOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, FOR THE 2000 .ENDAR YEAR. OBJECTIVE: Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the 2000 calendar year. CONSIDERATION: On December 15, 1964, Collier County acquired a twenty (20) acre vacant parcel of land located in Immokalee for use as a cemetery, more commonly known as Lake Trafford Memorial Gardens. The Board adopted a policy on July 27, 1982, governing the rights of interment, administration, maintenance and development of the cemetery including the disposition of indigent deceased. On September 22, 1987, the Board adopted a revised Policy for the operation of the cemetery. On May 1, 1990, the Board adopted a Resolution clearly defining the rules and regulations which govern the administration and development of the cemetery. The Real Property Management Department is responsible for preparing Deeds and Agreements for Deed to Right of Interment when there is a request to purchase burial lots at the Lake Trafford Memorial Gardens Cemetery. More specifically, a Deed is prepared for the immediate use of burial lots and an Agreement for Deed to Right of Interment is prepared for the future use of burials lots. The appropriate documents are then reviewed by the County Attorney's Office prior to the Chairman's execution and recordation in the Public Records. The payments for said lots are forwarded to the Finance Department for deposit into the Lake Trafford Memorial Gardens Cemetery account. In the past, the Deeds and/or Agreements for Deed to Right of Interment have been presented to the Board on a monthly basis for Board approval under the Consent Agenda. However, in order to expedite the acquisition process and to relieve the Commissioners of reviewing format documents, it is recommended that the Chairman execute those Deeds and/or ..A,.g.r. eements for Deed to Right of Interment as they are prepared and transmitted by memorandum. ,92, Resolution No. 92-97 was approved by the Board of County Commissioners requesting approval by the Board allowing the then present Chairman of the Board to execute the Deeds and Agreements for Deed to Right of Interment during the current Chairman's tenure. Resolutions were approved in 1993, Resolution 93-49; in 1994, Resolution No. 94-2; in 1995, Resolution No. 95-33; in 1996, Resolution No. 96-7; in 1997, Resolution No. 97-40; in 1998, Resolution No. 98-11;and in 1999, Resolution No. 99-59 also for this purpose. FISCAL IMPACT: All proceeds from the lot sales are deposited in the Lake Trafford Memorial Gardens account 001- 122370-364100. GROVVTH MANAGEMENT: None RECOMMENDATION: Recommendation that the Board of County Commissioners approve and accept the attached Resolution authorizing the Chairman to execute the Deeds and the Agreements for Deed to Right of Interment for Lake Trafford Memori/O-Oa~ens Cemetery, for the 2000 calendar year. TomLA.~M~tt, ~enio~ S~Rea115ro'~'e-rty Management Department REVIEWED BY: ~ ~ ~.,~.~. \ DATE: Sandra I. Taylor, Real Property Man~pent APPROVED BY: Director Leo E. Ochs, Jr., Suppo~$ervices Administrator No. JAN 2 § 2000 Pg' I 2 3 4 10 11 12 13 14 15 16 17 !$ 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 3'/ 38 4O 45 46 47 48 49 50 51 52 53 54 56 57 58 59 60 61 62 63 64 65 67 68 69 70 71 72 RESOLUTION NO. 00- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2000 CALENDAR YEAR, WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the County's administration of that Resolution, whereupon the Deeds and Agreements for Deed to Right of Interment have been previously reviewed and approved by the Real Property Management Department and the County Attorney's Office. The authorization of the Chairman to execute the Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemeter~ hereunder shall extend solely for the 2000 calendar year. This Resolution adopted this day of majority vote. ,2000, after motion, second and A3-1'EST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and legal,sufficiency:Q~,/,4 ~~, I ~ ~ He~i ~. ~sh~on" Assistant County Attorney EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR PROPERTIES INC. (AGREEMENT DATED NOVEMBER 15, 1983), BY THE CHAIRMAN OF THE BOARD FOR THE 2000 CALENDAR YEAR. OBJECTIVE: Approval of a Resolution authorizing the execution of Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties Inc. (Agreement dated November 15, 1983), by the Chairman of the Board, for the 2000 calendar year. CONSIDERATION: On November 15, 1983 Avatar Properties Inc., f/k/a G.A.C. Properties Inc., and Collier County entered into an Agreement to convey 1,061.5 acres of property in Golden Gate Estates to Collier County. Said Agreement was recorded in O.R. Book 1051, Page 492. Since the acceptance of the aforementioned Agreement by the Board of County Commissioners, the Real Property Management Department has conducted land sales transactions under said Agreement. Prior to the actual closing for each property sold, the Real Estate Sales Purchase Agreement and Statutory Deed is reviewed by the County Attorney's Office, the Finance Department, and then executed by the Chairman of the Board of County Commissioners. Each year, since 1989, a Resolution has been presented to the Board of County Commissioners requesting approval by the Board allowing the then present Chairman of the Board to execute the Real Estates Sales Purchase Agreement and Statutory Deed during the current Chairman's tenure. Previous Resolutions which have been approved by the '-'"oard of County Commissioners include Resolution No's. 89-253, 90-23, 91-109, 92-47, 93-48, 94-7, 95-35, 96-8, 96- .)9 (Amended), 97-41,98-10 and 99-60. FISCAL IMPACT: All proceeds from the lot sales are deposited in the G.A.C. Land Sales Trust Fund 605-122390- 364220. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution authorizing the execution of approved Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust by the Chairman of the Board, for,~he~0 calendar year. / . Toni'~A. ~lott, Ser~ior ~pecialist, Real Property Management Department - REVIEWED BY: APPROVED BY: Sa'R~lfa [. Taylor, Real Property M(~ement Director Le~ E. O~hs, Jr., Support S~rv~es Administrator DATE: \'Z_-"~,- ~c~ DATE: ! /~//~'~ No.. /~ JAN 2 § 2000 pg..., ~/ 5 6 7 8 9 I0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 61 RESOLUTION NO. 00- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2000 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Real Property Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures conceming the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sale~ Agreements and Statutory Deeds have been previously approved by the Real Property Management Department, the Finance Department and the County Attorney. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2000 calendar year. This Resolution adopted this __ second and majority vote. day of ., 2000, after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman Approved as to form and legal sufficiency.: Heidi F. Ashton Assistant County Attomey EXECUTIVE SUMMARY APPROVE THE ATTACHED THREE (3) RESOLUTIONS AUTHORIZING THE BOARD OF COUNTY COMMISSIONER'S CHAIRMAN TO EXECUTE THE APPROPRIATE DOCUMENTATION REQUIRED TO EXPEDITE THE COUNTY'S LAND RIGHTS ACQUISITION PROGRAM FOR THE CALENDAR YEAR 2000 CHAIRMAN'S TENURE ONLY. OBJECTIVE: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights acquisition program for the calendar year 2000 Chairman's tenure only. CONSIDERATION: On June 16, 1992 [BCC Agenda Item Number 8(E)(1)], the Board of County Commissioners adopted Resolutions No. 92-342, No. 92-343 and No. 92-344. This act approved the processes and the typical schedules for the land rights acquisition phase of Capital Improvement Projects. Each year thereafter, the Board of County Commissioners approved certain recommended procedures which were intended to streamline the land rights acquisition process by the then current Chairman e.g. by the adoption of Resolution No. 93-25, No. 93-26 and No. 93-27 [BCC Agenda Item Number 16(E)(2)] on January 26, 1993; by the adoption of Resolution No. 94-3, No. 94-4 and No. 94-5 [BCC Agenda Item Number 16(E)4] on January 4, 1994; by the adoption of Resolution No. 95-25, No. 95-26 and No. 95-27 [BCC Agenda Item Number 16(E)I] on January 3, 1995; by the adoption of Resolution No. 96-9, No. 96-10 and No. 96-11 [BCC Agenda Item Number 16(D)5] on January 9, 1996; and by the adoption of Resolution No. 97-37, No. 97-38 and No. 97-39 [BCC Agenda Item Number 16 (D) 4] on January 14, 1997; by the adoption of Resolution No. 98-7, No. 98-8 and No. 98- 9, [BCC Agenda Item Number 16 (D) 2] on January 13, 1998; and by the adoption of Resolution No. 99-56, No. 99-57 and No. 99-58, [BCC Agenda Item Number 16 (D) 3] on January 12, 1999. The County Attorney's Office has reviewed and approved the three (3) attached Resolutions and said Resolutions must be approved at the start of each year by the Board of County Commissioners to authorize its new Chairman to execute the appropriate documentation necessary to complete a property acquisition. Adoption of the three (3) attached Resolutions will authorize Staff to proceed with certain activities required to expedite property acquisition, and waive certain procedural requirements. These are the same standard policies and procedures which were previously adopted by the Board of County Commissioners in 1992, 1993, 1994, 1995, 1996, 1997, 1998 and in 1999 to save time and money and to improve the quality of the County's land acquisition programs. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT; None RECOMMENDATION: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights acquisition program for the calendar year 2000 Chairman's tenure only. San~di.-a'~ rTaylor, Directo / ~ Real Property Management Departmen~ Approved by: "~('~ ~'~;'~ ~ ~ --~-~ Date: Leo E. Ochs, Jr., Administrator Support Services DivisiO¢/ A~E (~OA I TE~I~ JAN 2 § 2000 Pg., ,~ ! RESOLUTION NO. 00- 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 3 FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO 4 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND 5 ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, 6 WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT 7 COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS 8 OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. 9 WHEREAS, the Board of County Commissioners is the governing body of Collier County, a 10 political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the 11 Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and 12 WHEREAS, various interests in real property must be conveyed to Collier County for public 13 use as a requirement of certain development commitments stipulated by Collier County ordinances, in 14 fulfilhnent of obligations which may now or in the Future be contained in agreements between Collier tS County and any legal entity, and as an integral part of capital improvement projects; and 16 WHEREAS, the formal acceptance by Collier County of such required conveyances is 17 important in that infrastructure maintenance responsibilities are thereby established, and the public 18 right to utilize rights-of-way becomes documented through such acceptance; and 19 WHEREAS, the growth of the County necessitates an increasing number of such conveyances 20 year after year; and 21 WHEREAS, the number of conveyances has caused County staffto bring an increasing number 22 of separate "acceptances" before the Board of County Commissioners via Executive Summary and 23 Resolution; and 24. WHEREAS, it is desirable and in the best interest of Collier County to reduce the stafftime and 25 paperwork which is generated by the formalized acceptance process. 26 NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be 27 conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of 28 County Commissioners as the governing body of Collier County, Florida, and as ex-officio the 29 Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity 30 as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any 31 obligation which may now or in the future be contained in any agreement between Collier County and Page 1 AC.d~ NOA I3,EM~ JAN 2 5 2000 Pg. any other legal entity, or which are required as an indispensable function during the completion of a ~"-"'oital project which has been approved by the Board Of County Commissioners, are hereby accepted. 16 tiS RESOLUTION ADOPTED on this 3 AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such 4 conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby 5 authorized to affix to any such conveyance instrument, prior to recording in the Public Records of 6 Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The Real 7 Property Management Director, or her designee, shall provide written notification to the Clerk of Court 8 that the conveyance was required by the Board of County Commissioners in fulfillment of an 9 obligation on behalf of the conveying entity or to complete project as approved. 10 AND IT IS FURTHER RESOLVED that the calendar year 2000 Chairman of the Board of 11 County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents 12 pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrance from 13 any such conveyance. 14 AND IT IS FURTHER RESOLVED that staff is authorized to follow proper real estate closing 15 procedures and record all such documents in the Pub!!c Records of Collier County, Florida. __ day of ,2000 after motion, second 17 and majority vote. 18 ATTEST: DWIGHT E. BROCK, CLERK 20 21 , Deputy Clerk 22 Approved as to form and 23 legal sufficiency. 25 Heidi F. Ashton 26 Assistant County Attorney 27 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. , Chairman Page 2 NO. ,/ .' ~. ,~ JAN 2 5 2000 I RESOLUTION NO. 00- 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 3 COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL 4 PROPERTY IS THE PREFERRED INTEREST SOUGHT FOR THE ACQUISITION 5 OF RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT 6 PROJECTS, AND SETTING FORTH THE RATIONALE THEREFORE. 7 WHEREAS, the construction of transportation improvements, as identified in the 8 Transportation Element of the Comprehensive Plan for Collier County, shall in many instances 9 require the acquisition ora right-of-way by either gift, purchase or condemnation; and 10 WHEREAS, the right-of-way for transportation improvements may be purchased or 11 condemned either as an easement over, under, upon and across the land; or the fee simple interest 12 in the land itself may be purchased or condemned; and 13 WHEREAS, full compensation, as required by the Constitution of the State of Florida, 14 for the easement fights purchased or condenmed for transportation improvements is tantamount 15 to the full compensation required for the purchase or condemnation of the fee simple estate in 16 property (between 90% and 100% of the fair market value of the lands so appropriated, 17 depending upon the property's zoning and the appraiser's judgment); and 18 WHEREAS, the purchase or condemnation of the Full Fee simple estate in lands required 19 for near term transportation improvements provides the County with a degree of control over the 20 right-of-way which is superior to the control afforded by an easement only, and which, in many 21 instances, may produce cost savings on future pubhc works improvement projects by gaining the 22 maximum flexibility over the uses permitted in the right-of-way so acquired. 23 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERSOF COLLIER COUNTY, FLORIDA that in consideration of long range 25 planning and present day costs for transportation improvement projects, and in the interest of 26 exercising the maximum degree of control over the public road right-of-way which may allow 27 the County to realize substantial savings by locating future public works projects within the 28 acquired areal County staff is hereby directed to put-chase or condemn a transportation road 29 right-of-way in fee simple as the preferred method of exercising maximum control over the 3o right-of-way in order to construct any anticipated capital improvement projects. Page 17 18 19 2O 21 22 23 24 25 26 27 28 29 I AND IT IS FURTHER RESOLVED that in those instances in which the purchase of a full fee simple estate cannot be negotiated by County staff, and the costs associated with a 3 condemnation of the full fee simple estate may outweigh the future benefits contemplated by full 4 County ownership of the right-of-way, and when the owner of the property is willing to convey a 5 perpetual, "non-exclusive", road right-of-way easement over, under, upon and across the property 6 in compliance with the requirements of the transportation improvements, along with the right to 7 construct and install subordinate utility and drainage improvements, together with access and 8 temporary construction easements, County staff is directed to negotiate a reasonable settlement 9 for the purchase of said "non-exclusive" easement, subject to Board approval, in lieu of 10 proceeding with an action in eminent domain against the subject property. 11 AND IT IS FURTHER RESOLVED that,'notxvithstanding the future benefits to be 12 derived by the County arising from a fee simple acquisition of the public right-of-way, there 13 exists those circumstances where the severance damages to remaining lands, as a result of the 14 taking of the fee simple estate for the transportatiop project, is of such an extent as to warrant the l S purchase or condemnation of a lesser estate in the form of an easement interest in order to mitigate or eliminate such damages; and in such instances County staff is hereby directed to undertake such analyses of future benefits vs. current costs as are relevant to the determination as to the specific interest in real property the County should acquire for the instant project, and County staff may make such purchase offers, or prepare such pleadings in eminent domain, as may be necessary to mitigate or eliminate severance damages, and reduce total project cost. THIS RESOLUTION ADOPTED this majority vote. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved for form and legal sufficiency 'Heidi F. Ashton, Assistant County Attorney __ day of ,2000, after motion, second and By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Chairman Pa~e 2 I::JAN 2 2000 ! RESOLUTION NO. 00- 2 A RESOLUTION OF THE BOARD OF CGUNTY COMMISSIONERS OF COLLIER 3 COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF PROPERTIES, 4 DELEGATING AUTHORITY TO THE CALENDAR YEAR 2000 CHAIRMAN OF 5 THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN 6 DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE 7 BOARD, AUTHORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES 8 REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING 9 CERTAIN PROCEDURAL REQUIREMENTS IN ACCORDANCE WITH THE lo CAPITAL IMPROVEMENT ELEMENT OF THE COUNTY'S GROWTH 11 MANAGEMENT PLAN. 12 WHEREAS, the expeditious acquisition of property is of paramount importance to the 13 timely completion of many capital improvement projects, and attaining infrastructure goals in 14 accordance with the Capital Improvement Element of the County's Growth Management Plan; 15 and 16 WHEREAS, accomplishing the property acquisition and construction on or ahead of ]7 schedule shall require a properly coordinated team effort among the individual departments and ]8 agencies charged with overall responsibility for the projects, the Office of Capital Projects 19 Management, the Real Property Management Department, the Office of the County Attorney, 2o and the Board of County Commissioners, wherein certain routine processes require streamlining 21 and abbreviation wherever possible. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County 24 Commissioners of Collier County, Florida, recognizes the importance of completing the various 25 capital improvement projects at the earliest possible time; and further, the Board recognizes the 26 relationship of the project schedule to meeting the concurrency requirements of Collier County's 27 Comprehensive Plan.' 28 AND IT IS FURTHER RESOLVED that the Board of County Commissioners of Collier 29 County, Florida, recognizes the importance of the land rights acquisition function and its Pa~e 1 :JAN 2 5 2000 J.... relationship to the overall project schedule; and the Board desires to facilitate and expedite the land rights acquisition process to the extent that it is empowered to do so by law. 3 AND IT I$ FURTHER RESOLVED that the following measures are reasonably 4 necessary for the efficient and expeditious management and completion of capital projects: 5 1. The Board of County Commissioners, in accordance with the provisions of Chapter 125.355, 6 Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal 7 report for the purchase of a property where the purchase price of the parcel (the compensation 8 due to the property owner) is less than One Hundred Thousand and 00/100 Dollars 9 ($100,000.00). In lieu ofthe independent appraisal report, staffis hereby authorized to make 10 purchase offers for the properties, the dollar amounts of which shall be predicated on "staff 11 compensation estimates", i.e., based upon independent appraisals (and the data therefrom) 12 obtained on similar properties and upon consideration and application of appropriate market 13 value and cost data pertinent to the subject pamels. 14 2. The Chairman of the Board of County Commissioners is hereby authorized to execute 13--. Appraisal Agreements on behalf of the Board with appraisal firm(s) from the pre-qualified short-list which, based upon the analysis and recommendation of staff, is (are) best able to serve 17 the needs of the project in a timely and cost-effective manner. 18 3. Upon the approval by the County Attorney's Office of all documents necessary for the subject 19 property acquisition, Real Property Management Department staff is hereby encouraged to offer 2o immediate delivery to the respective property owners of the full compensation (as established by 21 the appraisal or staff compensation estimates in accordance with the provisions of Chapter 22 125.355, Florida Statutes), in return for the immediate and proper execution of the respective 23 easements and/or deeds, and such other legal documents and/or affidavits as the County 24 Attorney's Office deems appropriate in order to protect the interests of the County; and the Board 25 of County Commissioners hereby authorizes its Chairman and any subsequent Chairman, for the 26 life of the project, to execute any and all agreements and other legal instruments pertinent to such 27 property acquisition which have been reviewed and approved by the County Attorney% Office. 28 4. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Public Works Administrator, or his ~ designee, is hereby delegated the authority to approve the purchase of land interests above the Page 2 '" JAN 2 2000 staffcompensation estimate or appraised value and pay normally related costs when it is in the 2 best interest of the proj.ect, within the pro-rata share of the land rights acquisition budget for the 3 parcel being acquired, only when the difference between the purchase price and the staff 4 compensation estimate or appraised value is less than Fifteen Thousand :md 00/100 Dollars 5 ($15,000.00) or the current purchasing limits established by the Collier County Pumhasing 6 Department; provided, Project funding is available. This settlement approval authority is 7 delegated by the Board of County Commissioners to the extent that such approvals do not 8 conflict with the provisions of Section 125.355, Flo:ida Statutes. 9 5. The Chairman of the Board of County Commissioners is hereby authorized to execute 10 Pumhase Agreements and Easement Agreements where the land owner has agreed to sell the 11 required land rights to the County at their appraised value or at that amount considered the 12 "Administrative Settlement Amount" as such term is internally used by the administrative 13 agencies of Collier County. 14 6. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or 15 "Easement Agreement"), to convey a necessary interest in real property to the County, and upon 16 the proper execution by the property owner ofthose easements and/or deeds, and such other legal 17 documents as the Office of the County Attorney may have required, the Board hereby authorizes 18 1) the County Attorney, or his designee, the authority to execute a closing statement on behalf of 19 the Board, and 2) the Finance Department the authority to issue warrants payable to the property 20 owner(s) of record in those amounts as shall be specified on a closing statement and which shall 21 be based upon the appraisal or staff compensation estimate in accordance with the provisions of 22 Chapter 125.355, Florida Statutes. 23 7. All title to properties which have been obtained in the manner described above shall be 24 deemed "accepted" by the Board of County Commissioners, as the governing body of Collier 25 County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby 26 authorized to record it in the public records of Collier County, Florida, sai.d deeds and such other 27 instruments as may be required to remove the lien of any encumbrance from the acquired 28 property. 29 30 Page 3 1 THIS RESOLUTION ADOPTED this majority vote. ATTEST: DWIGHT E. BROCK, CLERK 8 , Deputy Clerk 9 Approved as to form and 10 legal sufficiency: 11 12 13 14 15 Heidi F. Ashton Assistant County Attorney 17 18 19 20 21 day of By: ,2000 after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , Chairman Page 4 JAN 2 5 2000 EXEcuTIVE SUMMARY .--~PPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY )MMISSIONERS TO EXECUTE LIMITED USE LICENSE AGREEMENTS FOR TI:IF. 2000 OBJECTIVE: Approve a Resolution authorizing the Chairman of the Board of County Commissioners (Board) to execute Limited Use License Agreements for the 2000 calendar year. CONSIDERATION: On April 16, 1991, January 14, 1992, January 12, 1993, January 4, 1994, January 10, 1995, January 9, 1996, January 14, 1997 and January 13, 1998, the Board approved Resolution No. 91-307, Resolution No. 92-12, Resolution No. 93-9, Resolution No. 94-6, Resolution No. 95-34, Resolution No. 96-12, Resolution No. 97-36, Resolution No. 98-6 and Resolution No. 99-55 respectively, authorizing the Chairman of the Board, for the Chairman's tenure only, to execute specific Limited Use License Agreements (Agreements) for events held on County-owned property. The Agreements requested on a regular basis for these special events are listed below. These Agreements shall be the only Agreements submitted to the Board's Chairman for execution by way of memorandum under the same terms and conditions contained in the Agreements submitted for the previous year. It is important to note that the Limite0 l.J~e License A_m'eement for the Golden Gate Area Chamber of Commerce. Inc. - Golden Gate Festival will include the Board's approval for that organization to sell and disburse alcoholic beverages on the property_ during that particular event. The properties utilized for these special events include, but are not limited ~-.~, the Old Marco Island Library parking lot, the vacant property located west of the Golden Gate Community nter, referred to as Tract 115, and the Government Center. All other Agreements shall be presented to the ooard for approval via an Executive Summary. - Golden Gate Area Chamber of Commerce, Inc. - Golden Gate Festival and Annual Arts and Crafts Show Tract 115 - Golden Gate Rotary Club - Christmas Tree Sales Tract 115 The Art League of Marco Island, Inc. - Arts and Crafts Shows Old Marco Island Library - Supervisor of Elections of Collier County, Florida - Voter Access Golden Gate Fraternal Order of Eagles - Annual Taste of Golden Gate Tract 115 Amateur Radio Association of Southwest Florida - Field Day Tract 115 or Government Center ~..~. Manatee Festival - East Naples Civic Association Government Center JAN § 2000 · ~., Annual F~ skate -'DaVid Lawrence Mental Health Center, Inc. Government Center Cool Cruisers of Naples, Inc. - Scholarship Fund Raiser Tract 115 - Octagon Sequence of Eight, Inc. - Arts and Crafts Shows An Agreement represents a license for short term use, six (6) months or less, of County-owned property for a specific purpose. An Agreement does not convey an estate in said property or create any leasehold interest whatsoever. The Real Property Management Department prepares an average of thirteen (13) such Agreements per year. From the time a request for an Agreement is submitted to the Real Prope~. Management Department until Presentation to the Board of County Commissioners, the minimum time lapsed is approximately four (4) weeks. Due to the time lapse to process an Agreement, the Real Property Management Department is requesting that the Board authorize its Chairman to execute, during the 2000 calendar year only, the above-mentioned Agreements as they are prepared by the Real Property Management Department. The County Attorney's Office will review any proposed Agreements to determine if its use is appropriate, prior to submitting to the Chairman for execution. The Agreement shall be reviewed and approved by the Client Department, the Risk Management Department and the County Attorney's Office. 'ISCAL IMPACT: If the Agreement stipulates that the County is to receive monetary consideration for use .,fthe County's property, said money shall be deposited into the appropriate account. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing the execution of Limited Use License Agreements for special events on County-owned property by the Chairman of the Board, for the 2000 calendar year. Leo E. Ochs, Jr., Adminis~ Sc/rvices Division PREPARED B~'~ "J~'~/~~ ~///~' DATE:._/2 _~_~ Michael H. Dowling, Rea~alist, Real Property Management Dept. Sandra~aylor, Director, Real Property ~u~agement Department DATE: 2 3 4 5 COLLIER COUNt, FLOmD~ A~HOmZING THE E~ION OF LI~TED USE LICENSE AG~E~NTS BY THE C~ OF T~ BO~ FOR THE 2000 C~END~ ~ ~ WHEREAS, there is a benefit to the County and to the public if the administrative procedures xo concerning Limited Use License Agreements are expedited, while maintaining the safeguards of staff xx and legal counsel review of such Agreements; and 12 x3. WHEREAS, the Board of County Commissioners recogntzes the benefit of reducing time for x4 Board approval on reviewed and approved Limited Use License Agreements. 15 x6 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY x? COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 18 x9 1. The Board of County Conunissioners does hereby authorize the Chairman of the Board of 2o County Commissioners to execute Limited Use Agreements, for those special events listed below, 2x following approval by the Real Property Management Department, the Client-Department, the Risk 22 Management Department and the County Attorney's Office. 24 - Golden Gate Area Chamber of Commerce, Inc. (Golden Gate Festival and Annual Art Show) 25 - Golden Gate Rotary Club (Christmas Tree Sales & Bass Tournament) 27 28 - The Art League of Marco Island, Inc. (Art and Craft Shows) 29 - Supervisor of Elections of Collier County, Florida (Voter Access) - Golden Gate Fraternal Order of Eagles (Annual Taste of Golden Gate) - Amateur Radio Association of Southwest Florida (Field Day Activities) - East Naples Civic Association (Manatee Festival) 38 39 4,0 41 42 43 44 45 46 4,7 48 49 SO 51 52 53 54 55 i: - David Lawrence Mental Health Center, Inc. (Annual Fun Skate) - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) - Octagon Sequence of Eight, Inc. (Arts and Crafts Show) 2. The authorization of the Chairman to execute Limited Use License Agreements hereunder shall extend only for the 2000 calendar year. This Resolution adopted this day of ,2000, after and majority vote. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: · Deputy Clerk , Chairman Approved as to form and legal sufficiency: IdI~ dFF~ A~'hton Assist~t County A~omey EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE COUNTY-OWNED PROPERTY AS SURPLUS AND ACCEPT THE OFFER RECEIVED FOR THE SALE OF SURPLUS AIS HARDWARE UNDER BID NO. S99- 3006. OBJECTIVE: To authorize the sale of AIS hardware described as follows: VAX 7000 Model 610 System and Micro VAX 3900 MVIII + Upgrade Kit to the highest bidder responding to Surplus Bid No. S99-3006. CONSIDERATION: The equipment was offered as being in excellent condition, with an approximate value of $3,500. It was understood by the bidders that all licenses currently held by Collier County will be transferred to the Buyer along with any associated costs/fees. Pursuant to Chapter 274, F.S., the surplus equipment was offered to other government emities and to sixty-six (66) computer related firms in successive phases. The Purchasing Department posted Bid S99-3006 on November 4, 1999. No bid offers were received on the due date, November 24, 1999. Subsequemly, Purchasing received two written quotes from vendors for the surplus property. They are: Datamarc Computer Sales, Inc. Investment Recovery $1,000 $ 300 aff has reviewed the quotes received and recommends Sales, Inc. acceptance of the offer from Datamarc Computer FISCAL IMPACT: Revenues in the amount of $1,000 shall be recognized in account 510-102020-364410. Departmen~ ~f Revenue GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of surplus Bid No. S99~3006 to Datamarc Computer Sales, Inc. in the amount of $1,000. Rhonda L. Tibbetts, Purchasing Agent · :});~i~(~...Stephen/Y. Carn[{ll, Director ' : ~::.~_: ~. Pumhasing/General Services /.~ ' '. Shppon Semices Di 'isio Date: JAN 2 5, 2000 Pg. EXECUTIVE SUMMARY AWARD BID #99-2959 FOR TEMPORARY CLERICAL SERVICE OBJECTIVE: To award Bid 99-2959 for temporary clerical services. CONSIDERATION: The County utilizes temporary employment agencies to address periodic clerical staffing needs resulting from normal attrition, authorized leave or excessive workload. On August 26, 1999, formal bid invitations were published and distributed to eighteen (18) firms providing this service. On September 15, 1999, bids were received and opened from five (5) firms located in Naples. Bids were analyzed by comparing the hourly rates offered by each bidder for each of the six (6) employment classifications utilized (i.e., Filing Clerk, Receptionist with filing and telephone, Receptionist with typing and telephone, Secretarial/Clerical, Executive Secretary and Customer Service Representative. Arrangements for these services are often made on short notice. Therefore, it is imperative that this bid be awarded to multiple firms to ensure that the necessary personnel are available. Accordingly, staff recommends award of this bid to the five lowest bidders for each category shown on the bid tabulation. In each case, the lowest bidder would be given the right of first refusal to provide services. The methodology described above ensures the utilization of the least costly firm available to provide the specified service. Staff recommends award to Olsten Staffing, Kelly Services, Temporary Power of Florida, Manpower and Office Specialists. Olsten Staffing and Kelly Services shall be the primary vendors. FISCAL IMPACT: It is estimated that approximately $100,000 will be spent over the next twelve (12) months under this agreement. Funds are appropriated in the operating budgets of the respective user departments. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award Bid 99-2959 temporary clerical services as described above. SUBMITTED BY: ~ .,~...."/' / Date: lane Knoble-Mafialich Human Resources Supervisor 2000 REVIEWED BY: . ?_~an ~es/ol~c~s. Director / j APPROVED BY: Eeo E. Ochs, Jr/ Support Services Administrator Attached: Bid Tabulation A~NOA ITEM JAN 2 5 2000 pg..., '~ ~- 0 .:.. 0 oo o. JAN 2~5 2000 EXECUTIVE SUMMARY APPROVAL OF AMENDMENTS TO LEASE AGREEMENTS AMENDING THE METHOD FOR THE COLLECTION OF NOMINAL RENTS. OBJECTIVE: Approval of Amendments to Lease Agreements concerning the method for the collection of nominal rents. CONSIDERATION: The County has nine (9) Lease Agreements where by nominal rents are charged. These rents are usually charged to not-for-profit organizations utilizing County-owned property. Nominal rents would consist of either One Dollar ($1.00) or Ten Dollars ($10.00) per year. The Real Property Management Department collects these rents annually by providing the tenant with written notice requesting the appropriate rent due. In order to utilize County staff more appropriately and to reduce bookkeeping, the attached Amendments have been prepared revising the rent section. The Amendments provide that rent payments for the initial lease term (or any renewal term thereof) shall be paid in full and in advance upon the anniversary date of the original lease (or renewal) rather than annually. There are four (4) First Amendments to Lease Agreements for the following Leases: Lease #776 - Collier Model Aeronautic Club, Inc. · Lease #801 - Collier County Public Schools · Lease #784 - Senator Burt L. Saunders · Lease #849 -.Representative Dudley Goodlette There is one (1) Sixth Amendment to Lease Agreement for the following Lease: · Lease #760 - Sheriff of Collier County There are four (4) Amendments to Lease Agreements that have not been returned as of this date, they are the following: · Lease · Lease · Lease · Lease #773 - Friends of Barefoot Beach #798 - Gulf Coast Skimmers Water Ski Show, Inc. #814 -North Naples Little League #833 - South Florida Water Management District All of the Amendments have been reviewed and appro~zed by the Office of the County Attorney. FISCAL IMPACT: The annual rents shall continue to be deposited into the appropriate account as mentioned in the original Executive Summaries approving the Lease Agreements. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Amendments to Lease Agreements and the Amendments to Lease Agreements not yet returned, pending final review by the Office of the County Attorney, and authorize its Chairman to execute same when presented. Michael H. Dowling, Specialis{,II~ Real ~,Lc~perty Management D~pp~--mme-n~- REVIEWED BY: ', San~a Taylor, Director, Real Propen~nagement Department APPROVED BY: '~ ~ .. ¢ /.. ~. Leo ~. Ochs, Jr., Admi~str~or, Support Se~ices Division JAN 2 5 000 FIRST AMENDMENT TO LEASE AGREEMENT Lease #801 THIS FIRST AMENDMENT TO LEASE AGREEMENT e::tered into this __ day of ., 2000, at Naples, Collier County, Florida, by and between Collier County./a political subdivision of the State of Florida, whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples Florida 34112, hereinafter referred to as "LESSOR", and Collier County Public Schools, who~ mailing address is 3710 Estey Avenue, Naples, Florida 34104, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated November 14, 1995; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: Article 3 of the Lease Agreement is deleted in its entirety and replaced with the following: In lie~u of rental payments, LESSEE shall provide services for the benefit of the citizens of Collier County. 2. Except as expressly provided herein, this Lease Agreement between Collier County and Collier County Public Schools for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above Wnnen. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: TIMOHTY J. CONSTANTINE, Chairman AS TO THE LESSEE: DATED:/_:~ .---~/ / ? ~ ,53 Witness (signature) (print name) Witness (signanklge) (print name) ! Approved as to form and .1~ I4eidi ~.. As~on Assistant County Atlomey SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Superintendent of Public Schools Dr. Dan W. White (Print name of Superintendent) Chai-~' of School ?/oa~ -- Hrs. Barbara J. Church (Print name Chair p,. _?5 I Lease #784 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of , at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Senator Burr L. Saunders, whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated March 5, 1999; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. Article 3 of the Lease Agreement is deleted in its entirety and replaced with the following: LESSEE hereby covenants and agrees to pay, as rent for the Demised Premises, the sum of Ten Dollars ($I0.00) pet~ annum which is to be paid in full for the initial Lease term as noted above. Payment shall be forwarded to LESSOR within ten (10) days from LESSOR'S execution of this Lease. Payment for each renewal term shall be paid in full for the renewal term and shall be due upon the anniversary date of this Lease. Said payments shall be forwarded to LESSOR'S address set forth in this Lease to the attention of the Real Property Management Department. 2. Except as expressly provided herein, this Lease Agreement between Collier County and Senator Burr L. Saunders for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have herelo executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO THE LESSEE: ~.~tne s s (signa~re) (print name) Witness (signature) 7~olV~ S ~q (prinl name) Approved as to form and legal su ' cy: ~ i~'ci~, ~. ~bto~ ffAssistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman e~rATE SENATOR BURT L. SAUNDERS Lease #667 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida hereinafter referred to as "LESSOR", and Collier Model Aeronautic Club, Inc., a Florida not-for-profit corporation, whose mailing address is 40 Turquoise Avenue, Naples, Florida 34114, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated June 17, 1997; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and a~reements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. Article 3 of the Lease Agreement is deleted in its entirety and replaced with the following: LESSEE hereby covenants and agrees to pay, as rent for the Demised Premises, the sum of Ten Dollars ($10.00) pert annum which is to be paid in full for the iniqal Lease term as noted above. Payment shall be forwarded to LESSOR within ten (I0) days from LESSOR'S execution of this Lease. Payment for each renewal term shall be paid in full for the renewal term and shall be due upon the anniversary date of this Lease. Said payments shall be forwarded to LESSOR'S address set forth in this Lease to the attention of the Real Property Management Department. 2. Except as expressly provided herein, this Lease Agreement between Collier County and Collier Model Aeronautic Club, Inc. for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendmew Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman ASTO THE LESSEE: (print name) COLLIER MODEL AERONAUTIC CLUB, INC. A Florida not-for-profit corporation WILLIAM HUNT, President Approved as to form and Assistant County Attorney A'f,E NOA ITEM JAN 2 5 2000 Lease 11849 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of , at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of ~ !orida, whose mailing address is Administration Building, 3301 East TamSami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Representative Dudley Goodlette whose mailing address is 4001 North Tamiami Trail, Naples, Florida 34103, hereinafter referred to as "LESSEE". W1TNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated March 5, 1999; WHEREAS, the LESSEE and LESSOR are desirous ef amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. Article 3 of the Lease Agreement is deleted in its entirety and replaced with the following: LESSEE hereby covenants and agrees to pay, as rent for 'the Demised Premises, the sum of Ten Dollars ($10.00) pel~ annum which is to be paid in full for the initial Lease term as noted above. Payment shall be forwarded to LESSOR within ten (10) days from LESSOR'S execution of this Lease. Payment for each renewal term shall be paid in full for the renewal term and shall be due upon the anniversary date of lhis Lease. Said payments shall be forwarded to LESSOR'S address set forth in this Lease to the attention of the Real Property Management Department. 2. Except as expressly provided herein, this Lease Agreement between Collier County and Representative Dudley Goodlette for utilization of the Demised Premises described in said Lease Agreement remains in full lbrce and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above x~q'itten. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman AS TO THE LESSEE: itness (signature~ .T../?.,, (print name) -W~trless (i~kure) (win! name) Approved as to form and &.e/d,%,h,o?" ~-~4Assistant County Attorney REPRESENTATIVE DUDLEY GOODLETTE JAN 2 5 201)0 SIXTH AMENDMENT TO LEASE AGREEMENT Lease #760 THIS SIXTH AMENDMENT TO LEASE AGREEMENT entered into this __ day of , at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, hereinafter referred to as "LESSOR", whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Collier County, a political subdivision of the State of Florida for and on behalf of the Sheriff of Collier County, whose mailing address is Building "J", 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated December 18, 1990 and an Amendment to Lease Agreement dated September 24, 1991; a Second Amendment to Lease Agreement dated January 14, 1992; a Third Amendment to Lease Agreement dated December 15, 1992; a Fourth Amendment to Lease Agreement dated July 26, 1994; and a Fifth Amendment to Lease Agreement dated December 20, 1994; ~q-IEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement and the referenced Amendments to Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: I. Arti~e 4 of the Lease Agreement is deleted in its entirety and replaced with the following: In lieu of rental payments, LESSEE shall provide services, when the need arises, for the sole purpose of protecting the lives of citizens and visitors of Collier County. 2. Except as expressly provided herein, this Lease Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, and Collier County, a political subdivision of the State of Florida for and on behalf of the Sheriff of Collier County, for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Sixth Amendment to Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST BY: , Depub' Clerk BY: TIMOTHY 3. CONSTANTINE, Chairman AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk AS TO SHERIFF: ~_L2C.[ie~ H - (pnnt name) Witnes~ (signature) (print name) Approved as to form and ~r~/4~Heidi F. Ash~on - Assistant County Anomey COLLIER COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE SHERIFF OF COLLIER COUNTY BY: TIMOTHY J. CONSTANTINE, Chairman FLORIDA JAN 2 5 2000 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 25, 2000 SHIP (Fund 191) Budget Amendment g00-087 Operating Expenses $24,000 Grants Residential Rehab/Rental (24,000) Total: -0- Explanation: Funds are needed to pay for outside planning consulting services for the newly adopted Immokalee Initiative. Clerk's recording fees are needed to cover a one-time expense of recording a mortgage from Habitat for Humanity as approved by the Board 11-23-99. ...... AGENDA ITEM No. /~; E"~,',.) JAN 2 5 2000 Pg.. / EXECUTIVE SUMMARY APPROVAL OF AGREEMENT BETWEEN WEST COAST MEDIA GROUP AND COLLIER COUNTY FOR THE DEVELOPMENT OF A HURRICANE HOME PROTECTION GUIDE OBJECTIVE: To gain Board approval of the attached Agreement between West Coast Media Group and Collier County for the development of a Hurricane Home Protection Guide for Collier County residents. CONSIDERATION: The West Coast Media Group has been in contact with Emergency Management regarding the publication ora Hurricane Home Protection Guide for Collier County. A similar guide was developed for Pinellas County that has met with great success. It has been so successful that West Coast Media Group is considering expansion into other west coast counties. West Coast Media Group will be responsible for development of the guide, printing, dissemination, and will receive all of its profits from local vendors who choose to advertise in this venture. The Pinellas County Guide consists of 28 pages of hurricane storm protection information. The Collier County Guide would compliment the "All Hazards Handbook" that Rolsafe has graciously underwritten for the past 9 years. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement with West Coast Media Group for the publication of a Hurricane Home Protection Guide for Collier County residents. SUBMITTED ~~ Date: /~,,~ ~ eK~,~th F. Pineau, Emergency Management Director REVIEWED BY: .,/~ ,~ ~ Date: Michael A. McNees, Interim County Administratol 2000 COLLIER COUNTY'S HURRICANE HOME PROTECTION GUIDE AGREEMENT Agreement between West Coast Media Group, 206 Shore Drive, Palm Harbor, Florida 34683 and the Collier County Board of County Commissioners for the publication of a hurricane home 'protection guide. It is hereby agreed that West Coast Media Group design and produce the first three yearly editions of the custom designed Hurricane Home Protection Guide for the Collier County Board of County Commissioners through its Emergency Management Department. It is hereby agreed that the Collier County Board of County Commissioners shall not in any way share, commit, or incur any cost or expense associated with the production or publication of the Hurricane Home Protection Guide West Coast Media Group will benefit solely form the advertising fees related to the Hurricane Home Protection Guide, therefore, West Coast Media Group has sole responsibility to the advertisers in the Guide and agrees to hold the Collier County Board of County Commissioners and its entities harmless in any dispute arising out of or as a result of its publication or use by the general public The Collier County Board of Commissioners and all its entities are not in any way associated or affiliated with West Coast Media Group, or the services advertised in the Hurricane Home Protection Guide The appearance of advertisements in its publication does not constitute endorsement by the Collier County Board of Commissioners or any other government agency in any way. The Collier County Board of Commissioners through its Office of Emergency Management reserve the right to refuse sponsorship of vendors in the Hurricane Home Protection Guide. Both parties agree to the criteria listed in Ibis document titled "Collier County's Hurricane Home Protection Guide Agreement. In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned oPficials as duly authorized. COLLIER COUNTY, FLORIDA BY: BY: Timothy J. Constantine, Chairman Board of County Commissioners Name / Title Date: WEST COAST MEDIA GROUP ' ' Name / Title Date: 3i'X, e4 ~7-,t~ ~. ATTEST DWIGHT E. BROCK, CLERK By: (Deputy Clerk) Approved as to Form anFI Legal Sufficiency lhomas C. Pah'ner Assistant County Attorney AGENDA.ITEM JAN 2.5 2000 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 25, 2000 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.: 92-279-M!, 92-7084- MMA, 92-6356-MMA, 94-783-CFA, 97-3347-MMA, 98-6472-MMA, 98- 8 2 31 -MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. December 15 - 28, 1999 B. December 29, ! 999 - ]anuary 4, 2000 Districts: Ae Collier Mosquito Control District - Annual Budget for 1999-2000; Annual Audit Report - Year Ended September 30, 1999; Annual Financial Report - Year Ended September 30, 19999; Regular Meeting Schedule 1999- 2000; District Map; and Registered Office-Registered Agent Fiddler's Creek Community Development District - Minutes of meeting held October 27, 1999 and Financial Statements for September 30, 1999 Unaudited Co Collier Soil and Water Conservation District - Agenda for December 8, 1999 meeting and minutes of November 3, 1999 Minutes: Ao City/County Beach Renourishment Advisory Committee - Agenda for January 6:. 2000 meeting Rural Lands Oversight Committee - Agenda for ]anuar and minutes of December 6, ! 999 meeting JAN 2 5 2000 pg. / De Ee Ge Nm Board of Building Adjustments and Appeals - Abbreviated minutes of December 14, 1999 meeting Historical/Archaeological Preservation Board - Minutes of December 1 O, 1999 meeting Environmental Advisory Council - Agenda for )anuary 5, 2000 meeting Rural Fringe Area Assessment Oversight Commit[ee - Agenda for January 12, 2000 meeting and minutes of November 17, 1999 and December 15, 1999 meetings Pelican Bay MSTBU Advisory Committee - Agenda for January 5, 2000 meeting and minutes of December 1, 1999 meeting lmmokalee Beautification MSTU Advisory Committee - Agenda for January ! 9, 2000 meeting and minutes of November 17, 1999 meeting JAN25 2O0O EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RECOGNIZE A CONTRACTUAL OBLIGATION BETWEEN FISCAL YEARS AND' APPROVE CARRYFORWARD FUNDING. OBJECTIVE: To seek Board approval and carryforward funding for Property Appraiser's Office Imaging and GIS Systems. CONSIDERATIONS: In FY 98-99 the Property Appraiser's Office contracted to purchase data processing equipment and services from PC Mac Connection and Dell Computers as part of the on going Imaging System enhancement and GIS System conversion. On 9/30, the Property Appraiser's Office placed an order, and made a down payment, for equipment and services from the afore mentioned companies, with the approval of the KPMG auditors. Then after our November audit KPMG recommended that the Property Appraiser's Office return the $78,827 purchase price for the equipment to the Board and Districts, therefore increasing the excess fees. Their reasoning was that the equipment was not in house at fiscal year end. FISCA'L IMPACT:. The total fiscal impact is $78,827 for the purchase of the computer equipment outlined above, the funding source for this purchase is additional excess fees fi.om FY 99. Funds will be re:appropriated in FY 00 and applied to the respective districts through the March Property App_-{aiser' s billings. RE~-~MENDATION: That to Board of County Commissioners accept the return of these monies an~ppropriate the new amount to the Property Appraiser's Office for FY 99-2000. We request tha'ti.-gCommendation in writing in the form of a letter to the Florida Department of Revenue, O f~r[Ce..~rof Budget Services. PR~~D BY: Glenn.d ~:~l~II, ob crt s, Accountant Abe Skinner, Property Appraiser EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the expert fees associated with the acquisition of parcels 713A, 713B, 813A and 813B in the lawsuit entitled COLLIER COUNTY v. Naples Italian American Club, Inc., et aL, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Rd. to Vanderbilt Beach Rd.) OBJECTIVE: That the Board of County Commissioners approve the expert fees and costs associated with acquisition of parcels 713A, 713B, 813A and 813B in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA-01. CONSIDERATIONS: In the summer of 1998, the County acquired parcels 713A, 713B, 813A and 813B in the case of Collier County vs. Naples Italian American Club, Inc., et al., for the six- laning of Airport Road between Pine Ridge Road and Vanderbilt Beach Road (Project No. 62031). A Stipulated Final Judgment was entered by the Court on August 11, 1999, the terms of which were approved by the Board of Commissioners on June 22, 1999. (A copy of that Stipulated Judgment is attached to this document.) On December 22, 1999, an Agreed Order Awarding Expert Fees and Costs was entered in the Collier County Circuit Court regarding the acquisition of parcels 713A, 713B, 813A and 813B. (A copy of that document is attached.) The breakdown of these fees and costs are provided below: Carroll & Carroll Wilkison & Associates, Inc. Payne & Mitchell, P.A. EPIC, Inc. TOTAL Appraisal Fees/Costs Engineering Fees/Costs Accounting Fees/Costs Environmental Fees/Costs $31,600.00 $15,500.00 $12,794.00 $ 5,4O6.25 $65,300.25 FISCAL IMPACT: Cost: $65,300.25 to be obligated in the budget for FY 99/00. Fund: (331) Road Impact Fee District 1 Cost Center: (163650) Road Impact Fee Construction Project Number: (62031) Airport Road Six-Laning Project (Pine Ridge Rd. to Vanderbilt Beach Rd.) GROWTH MANAGEMENT IMPACT: Consisient with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees and Costs; and Executive Summary CC v. Naples Italian American Club, Inc., et al. Expert Fees Parcels 713A, 713B, 813A & 813B Page 2 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $65,300.25 into the Registry of the Court. Prepared by: Heidi F. Ashton Assistant County Attorney Date Reviewed by: .... " Micah Massaquoi, Projeei Manager Office of Capital Projects Management Date Reviewed ~/ _ ~/Jeffrey Bibby, Director Public Works Engineering Dept. Date Approved by: David C. Weigel, County~tomey Date h:/td/Executive Summary/CC v. Naples Italian American Club, Inc. Parcels 713A, 713B, 813A and 813B. IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT ._. IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation, et al., Respondents. Petitioner, individually and individually and individually and CASE NO.: 98-1672 CA 01 PARCELS: 713A, 713B, 813A and 813B AGREED ORDER AWARDING EXPERT FEES AND COSTS as CAUSE, having come before the Court upon joint motion of the parties, THIS COLLIER COUNTY, FLORIDA, and Respondents, HARRY M. BUCKLEY, co-partner &'o/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, co-partner c[/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, co-partner, and ILEUS N. BUCKLEY, individually_for ento, of an Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED ANrD ADJUDGED that the Petitioner, COLLIER COUNTY, FLORIDA, shall, within twenty (20) days from the date of this Order, pay forthwith to EARLE & PATCHEN, P.A. TRUST ACCOUNT, c/o Brian P. Patchen, Esq., Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, Florida 33131, the sum of SIXTY-FiVE THOUSAND THREE HUNT)RED AND NINETY-FOUR DOLLARS and No/100 (S65,394.00) for the following expert fees and costs in the preparation of Respondents' case: Carroll & Carroll Appraisal Services Wilkison & Associates, Inc. Engineering Services S 31,600.00 S 15,500.00 CASE NO.: 98-1672 CA 01 It is further Payne & Mitchell, P.A. Accounting Services EPIC, Inc. Environmental Consulting $12,794.00 ORDERED AND ADJUDGED that the Court reserves jurisdiction to award remaining outstanding expert fees and costs, including but not limited to, the bills submitted by Charles Cawthra & Assoc., Inc. and Morris-Depew Associates, Inc. for Research Analysis and Land Planning services rendered as well as any remaining outstanding attorney costs incurred by Respondents in this cause. DONE AND ORDERED on this Collier County', Florida. CC' Joe W. Fixel Brian P. Patchen Heidi Ashton __ day of , 1999 in Naples, The original of thiz document was signed TED H. BROUSSEAU DEC 2 2 i 55 Circuit CourtJudge by Ted Brousseau Circuit Judge CASE NO.: 98-1672 CA 01 JOINT MOTION The part~es, by and through their undersigned attorneys, move for entry of the foregoing Order Awarding Expert Fees and Costs. FL. Bar No.: 0157545 Attorney for within-named Respondents Earle & Patchen, P.A. 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 (305) 372-1112 (305) 372-3691 fitcsimile Date: JO/F~. F~L ,~_~ar No.: 0192026 /~ttomey for Petitioner Fixel & Maguire, P.A. 211 South Gadsden Street Tallahassee, Florida 32301 (850) 681-1800 (850) 681-9017facsimile Date: HEIDI ASHTON FL. Bar No.: 0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tarniami Trail Naples, Florida 34112-4902 (941) 774-8400 (941) 774-0225 facsimile 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. CASE NO. 98-1672 CA CIVIL ACTION TH~ NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation; et al. Respondents. PARCELS: / STIPUL4TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, HARRY M. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLI~Y, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ZLEUS N. BUCKLEY, for entry of a Stipulated Final Judgment as to Parcels 713A, 713B, 813A and 813B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, HARRY M. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, and the Court being otherwise fully advised in the premises thereof~ it is thereupon O~E~D Individually and as co-partner d/b/a AND ADGUDGED that the Respondents, HARRY M. BUCKLEY, Individually and as co-partner cl/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty Five Thousand Four Hundred Fifty and No/100 Dollars ($45,450.00) for Parcels 713A, 713B, $13A and 813B, as full settlement of all claims for compensation, property interests taken, damages resulting to the remainder, business damages, and all other damages in connection with said parcels including statutory interest; it is further OKDEKED that Respondents shall reimburse Petitioner the sum of Forty Five Thousand Four Hundred Fifty and No/100 Dollars ($45,450.00) within sixty (60) days of the court's execution of the ~tipulated Final Judgment pertaining to parcels 713A, 713B, 813A, and $13B. Said reimbursement shall be made payable to Collier County Board of Commissioners and tendered to the County Attorney, David Weigel; and it is further ORDERED that Petitioner shall convey parcels 713A, 713B, $13A and 813B to Respondents by Quitclaim Deed within six~ (60) days of the court's execution of this Stipulated Final Judgment pertaining to parcels 713A, 713B, 813A and $13B. This conveyance is based on the County's representation that it has taken no action to result in the placement of liens or other encumbrances against these parcels fi-om the date of the Order of Taking to the date of the Quitclaim Deed is recorded in the public records; and it is further ORDERED that this Final Judgment is based on Petitioner implementing Petitioner's construction plans and specifications attached hereto as composite Exhibit 'P", as said plans relate to parcels 713A, 713B, 813A and 813B and thek remainder, being implemented by Petitioner and it being acknowledged that the drainage facilities to be constructed as shown in these plans are of particular importance to the if the JAt'I 2 5 2000 ~roject is not so AGENDA ITEM NO. q implemented, Respondents shall have the same remedies as would have been afforded to them had the case been resolved by verdict with said plans and specifications having been made a part of the record at trial. Central and Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974) cert. denied310 So.2d 745 (Fla. 1975). ORDERED that Petitioner shall ensure that ingress and egress rights relative to the above- referenced parcels and the remainders thereto, shall remain unchanged as to pre-existing and future driveway connections; and it is further ORDERED that this Stipulated Final Judgement is to be recorded in the Official Records of Collier County, Florida; and it is further ORDERE~) that this Court shall retain jurisdiction to assess attorney fees and reasonable experts costs rendered in connection with the above-styled cause of action as it relates to Parcels 713A, 713B, 813A and 813B; and it is further ORDERED that this Court retains jurisdiction to enforce the terms of this judgment. DONE ~ ORDERED in Chaml~ers at Naples, Collier County, Florid, on this :'!] dayo~1999.//~] Circuit Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing has been furnished by Un/ted States Mail to Brian P. Patchen, Esquire, Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 112, Miami, Florida 33131; Douglas L. Woidorf, Jr., Esquire, Post Office Box 3454, Fort Myers, Florida 33918-3454; NationsBank, N.A. (South), 691 FitCh Avenue South, Naples, Florida 33940; Charles J. Basinait, Esquire, H .~'er~_.:e_% ~ AGENDA rFEM JAN 2 5 2000 les & NO. et(c' / Monroe Street, Fort Myers, Florida 33901; Heidi Ashton, Esquire, Assistant county Attorney, Collier County Attorneys Office, 3301 East Tamiami Trail, Naples, Florida 341124902 and J, oe W. Fixel, Esquire, Fixel & Maguire, 211 this ~ ~ day of 4trl~, 1999. South Gadsden Street, Tallahassee, Florida 32301, on JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, HARRY M. BU. CKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, without waiving any fights and respectfully move for the entry of the foregoing Sylpulatec~ Final Judgment. /.._,l. l ,-',. Bi'ian Pat¢~-e'n.__ Esquire ~ ~'~ Florida Bar #157545 EARLE & PATCHEN, P.A. 1000 Bfickell Avenue Suite 1112 Miami, Florida 33131 Telephone: (305) 372-1112 Facsimile: (305) 372-3691 Attorney for Respondents 2000 4 Jp/e ~. Fix'el, Esquire ) /Flo]Sda Bar #0192026 /FtXEL & MAG~ ~11 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi F. Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 341124902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner it I I I I j~ ENDA P~.,, lC) "l 'l l I l il II : iTl Pg. ~ Pg- :l I / I I I ',,,L AGENDA ITEU ~ L ? J L II '1 -J ,K EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement pertaining to the easement acquisition of Parcels 105A and 105B in Collier County v. Marianne Bendott, et al., Case No. 92-2045-CA, and approve a Stipulated Final Judgement to be drafted incorporating the same terms and conditions as the aforementioned Mediated Settlement Agreement. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement pertaining to the easement acquisition of Parcels 105A and 105B in Collier County v. Marianne Bendott, et al., Case No. 92-2045-CA, and approve a Stipulated Final Judgement to be drafted incorporating the same terms and conditions as the aforementioned Mediated Settlement Agreement as full and final compensation. CONSIDERATIONS: A Mediation Conference was held on January 6, 2000. The parties reached a settlement agreement whereby the property owners, Marianne I. Bendott and John Bendott for Naples Salvage, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions of condemnation (Resolution Nos. 92-158 and 92-159). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated into the Stipulated Final judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for Sixty-two Thousand Five Hundred Fifty Dollars and No/100 ($62,550.00) to be paid the Respondents in full settlement of all claims for compensation including any and all damages, statutory interest, but excluding attorney and expert fees/costs. The Stipulated Final Agreement provides that the Court retain jurisdiction as to the matter of Respondent's attorney and expert fees/costs. ,,,_FISCAL IMPACT: Cost: $62,550.00 to be obligated in the budget for 99/00. Fund: 333 Road Impact Fee District 2 Cost Center: 163650 Road Impact Fee Construction Project Number: 65031 Radio Road Four-Laning Project GROWTH MANAGEMENT IMPACT: None. 2000 RECOMMENDATION: That the Board of County Commissioners: approve the attached Mediated Settlement Agreement; and approve the Stipulated Final judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. Heidi F. Ashton Assistant County Attorney Reviewed by: Micah MassaquOi, Project Manager Office of Capital Projects Management Reviewed by: ///~effrey Bibby, Directo~ Public Works Engineering Department Approved by: David C. Weigel, Countyd~ttomey EXECUTIVE SUMMARY IMMOKALEE REGIONAL AIRPORT CONSERVATION EASEMENT OBJECTIVE: To execute a conservation easement over certain lands at the airport for the Florida Fish and Wildlife Conservation Commission. CONSIDERATION: The Authority is obtaining a Gopher Tortoise Incidental Take Permit for the entire airport which will permit the construction of facilities without the need to seek approvals from the Florida Fish and Wildlife Conservation Commission on Gopher Tortoise issues. In exchange for the permit the Authority is giving a conservation easement over lands at the airport which are designated in the Airport Master Plan as conservation land. This Deed of Conservation Easement was approved at the County Commissioners Board Meeting on September 14, 1999. Before Florida Fish and Wildlife Conservation Commission executed this document they incorporated additional verbiage to Page 1, Section 1 to include "incorporated herein by reference". GROWTH IMPACT: None FISCAL IMPACT: None RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to approve additional verbiage to Page 1, Section 1, of said Deed of Conservation Easement for the Florida Fish and Wildlife Corservation Commission. PREPARED BY: ~~C o 11 i eHr 'cDo umnr~t; AAi~oEr~' AE~;~oU::~'~xt ° r H: 1.11.00DeedOfConservationEasement2 AGEN D/~'I~EM No. lit' ~ JAN ' 2000 £etn: 2559937 OR: 2614 PG: 0666 COLLIER COUN?Y AIRPORT AUTHORI RECORDED in the OFHCIAL £~C0£DS of COLLIER COUN?¥, ~L DOC-.70 2003 ~INSAIL DR I1/23/1999 at 09:49AM DWIGHT ]~. BROCK, CLERK COPIES NAPL]]S FL 34114 MISC 55.50 .70 12.00 1.00 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is hereby granted by the Collier County Airport Authority and the County of Collier, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail, Administration Building, Naples, Florida, 34112, ("Grantor") to the Fish and Wildlife Conservation Commission, an Agency of the State of Florida, wh, ~-: address is 620 South Meridian Street, Tallahassee, Florida, 32399-1600, ("Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, hereinafter referred to as the "Property," more specifically described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Grantor desires to protect and conserve certain uplands preserve areas; and WHEREAS, Grantor in consideration of the consents of the Grantee to that certain Gopher Tortoise Incidental Take Permit issued to Grantor on the '3 ~'J day of Iq0v~.mla~.r , 1999, by Grantee, hereinafter referred to as the "Permit," whereby Grant~ is required to grant and secure the enforcement of a perpetual conservation easement as defined in Section 704.06. Florida Statutes (199 I), over the Easement Area. NOW THEREFORE, consistent with the issuance of the Permit, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon the Easement Area, which is depicted by the "cross-hatched" areas (generally west of runway 18-36 ) as shown on Exhibit "B." The Easement Area does not include 50 ft. wide existing roads and their associated rights-of-way and that proposed road to the hangar located within the Easement Area all identified on Exhibit "B". The easement shall mn with the land within the Easement Area and shall be binding upon Grantor, its heirs, successors and assigns, and shall remain in full force and effect forever unless released by Grantee, its successors or assigns, as the case may then be. 1. The scope, nature, and character of this easement is to ensure, to the greatest extent now and/or hereafter allowed by law, that uplands preserve areas, including buffer zones, (Easement Area) shall be used only as conservation areas pursuant to Section 704.06..Florida Statutes,. consistent with the Permit and the a~ir, rpo,,~-~dui ~e. ,ab, r~'~e.x~,~ce. . . Management P1 ~c~ carry out ~es~ purpose~), the following rights are conveyed to Grantee by this easement: ~~. (a) Authorized representatives of Grantee may enter upon the Property at reasonable times to enforce any and all rights herein granted upon prior notice to Grantor (or Grantor's successors or assigns as the case may th~m be'~ ~n a manner that will ~AGENDA ITEM No~ t(~ K~ [ ' JAN 2' 2000 Deed of Conservation Easement Page 2 OR: 2614 PG: 0667 not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor (its successors or assigns as the case may be) at the time of each such entry; and, (b) Authorized representatives of (1) Grantee and/or (2) any other then authorized government entity may enjoin any activity on, or use of, the Property that is inconsistent with the purpose of this easement, and may enforce restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Collier County reserves to itself, its successors and/or assigns all rights as a non-charter County and as owner of the Airport, including rights to engage in all uses of the Airport that are not expressly prohibited herein and which are not inconsistent with the purposes of this easement as set forth in Section 704.06, Florida Statutes, as now exists or may hereafter be amended. Within the Easement Area, the following are prohibited uses/activities except as otherwise authorized elsewhere in this document, or as then required by applicable law(s), including Chapter 333, Florida Statutes, or the then current FAA FAR Part 77 Standards (or successor) in function of any of same: (a) Construction or placing of buildings, roads, signs, billboards and other advertising, utilities, and/or other structures on or above the ground. (b) Dumping or otherwise placing of trash, waste, or unsightly or offensive materials. (c) Removal or alteration of trees, shrubs, or other vegetation unless allowed or mandated by the then current Management Plan and/or officials of Grantee. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface except as necessary for maintenance of drainage ditches. (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. conservation, preservation. (f) Activities detrimental to drainage, flood control, water erosion control, soil conservation, and/or fish and/or wildlife habitat (g) Acts and/or uses that are detrimental to such retention of land. (h) the Permit, by then applicable law(s) and/or the then current Manage~ Alteration of the Easement Area except to the extent authorized by '~Pnt PlnB AGENDA ITEM No. ~0 ~c_ t Deed of Conservation Easement Page 3 OR: 2614 PG: 0668 (i) Use of any pesticides within the Property without the prior written consent of the Grantee, which consent(s) will not be unreasonably withheld. 3. No right of access by any members of the general public to any portion of the Easement Area is conveyed by this easement. 4. Grantor agrees to bear all reasonable costs related to the normal operation, upkeep and maintenance of the Easement Area. 5. Grantor agrees that taxes and/or assessments levied on the Airport by competent authority will be paid. 6. Enforcement of this easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise any of its rights hereunder in the event of any breach hereof by Grantor (or its successors, personal representatives or assigns, as the case may be) shall not be deemed or construed to be any waiver of Grantee's rights hereunder in the event of any subsequent breach hereof. 7. Grantee will hold this easement exclusively for conservation purposes and will not assign this easement or any of its rights and/or obligations hereunder except to another organization then (a) qualified by law to hold such interests and/or perform those obligations under any then applicable law(s), and (b) then and thereafter committed to holding this easement exclusively for conservation purposes. If Grantor sells or otherwise conveys title to any part of the Airport or Easement Area to any person or entity, Grantor shall deliver written notice of such transfer to Grantee not later than thirty (30) days after recordation of the respective transfer in the public records of Collier County. 8. If any provision of this easement, or the application thereof to any person or circumstance, is found to be invalid, all other provisions of this easement, and the applications of any such provision(s) to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby to the greatest extent then allowed by law. 9. All notices, consents, approvals or other communications pursuant hereto shall be in writing and shall be deemed properly received by the recipient if actually received via United States mail, certified, return receipt requested, addressed to the appropriate party (or successor-in-interest), at the addresses above set forth or such new address as either party may in writing deliver to the other party. 10. written agreement between the parties hereto, or their successors or a~ This easement may be amended, altered, released or revoked only by '-'=---AGENDA ITEM No, [L-~Cl ~ Deed of Conservation Easement Page 4 OR: 2614 PG: 0669 11. Grantor certifies to Grantee that the Airport is not subject to any mortgage or any other form of security that is superior to this easement or which needs to be subordinated. 12. This easement shall be recorded by Grantor in the public records of Collier County after receipt of acknowledgment of acceptance hereof by the Grantee. 13. Grantor agrees that if the property is subject to a mortgage or any form of security interest, Grantor shall provide documentation to verify that mortgage or security interest is subordinate to this Conservation Easement and such verification shall be provided and recorded either before or concurrent with execution of this Easement. TO HAVE AND TO HOLD unto Grantees, their respective successors and assigns forever. The covenants, terms, conditions, restrictions and purposes imposed with this easement shall not only be binding upon Grantor but also upon its agents, authorized representatives, assigns, and all other successors in interest to it, and shall continue as a servitude running in perpetuity with the Airport unless and until released by Grantee or its successor or assigns, and then only to the extent of any such release(s). IN WITNESS WHEREOF, Grantor has executed this easement on the /'?' day of _ ,,,~,7~ ,1999. · ATTEsTi "; BOARD OF COUNTY COMM//S. SION Dwight E. Br0c~k, Clerk (' Dept~t~y.Cler~" '/ J P~amila/Mac'Kie, C~a/iZr~an ~Attest ~"to Chairman's ~. si.qnatai~e only. Xpprb;~d' as to form ~C OUN~..~j OZAUTHORITY and legal sufficiency: B .~"~.~) Q...,,.-/k_,x,_~ ~ Michael Williams, Chairman By 10[14 ?~ Thomas C. Palmer Assistant County Attomey AGENDA ITEM No. JAN 2.,; 2000 Deed of Conservation Easement Page 5 OR: 2614 PG: 0670 GRANTEE'S ACCEPTANCE The Fish and Wildlife Conservation Commission hereby approves and accepts t~ foregoing C~onge.rvation Easement and agrees to all of its terms and provisions this ~, ~ Day of UG'~/) ~i,/¢ ,1999. WITNESSES: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Name V'CTbF~ ~. t4eller~ H:8.30.99Decd &Conservation EasementDruryFinalReview G " ~ ' ~elda ~ c Wild Cow Isla~' T ~. _ LOCATION ~ Traffird Hamntoc~ __ Nov11 16:45 1998 : ,- _ 1:125.000 (at center) _ - ' o4.~u~a -- _. _. Miles ........ ~' KM [ 5 ..... AGENDA ITEM No. ~, ~ ~ .~ ..... 2 ~ -- J~N 25 2~00 ~ ~ ~., ~ -' ~ .... OR: 2614 PG: 0671 DATE: 11-12-98 SCAI,E: PROJECT NO: 94067.8 IMMOKALEE REGIONAL AIRPORT LOCATION MAP EXHIBIT A FLORIDA~ ENVIRONMENTAL INCORPORATED 18505 Paulson Drive. Port Cherloffe, FL 33954 Tel (941) 624-2911 ~-~ F<3x (941) 629-7210 5431 OR: 261_4 PG: 0672 Exhibit B (Sheet 1 of 4) 6411 321 4111 211 811 321 211 4121 811 321 411 321 261 I111 811 3211 I - AIRPORT ACCESS ROADS ARE NOT 131CLUDED IN THE Fl[CC CONSERVATION EAS~,M-g~NT DATE: 7/12/99 SC.~lJ~: 1" = 1400' PROJECT NO: 94067.10 AGENDA IT No. \(,r ~c k ~ $,1 J~ 2 5 ~IMOKALEE LEGEND 140 185 191 211 261 321 411 4111 412 4121 421 REGIC COm~X~ClIL (5.89 ACl~gS) 641 - P~m~ (2.o~ acme) 8411 - o~ ~ (a.s a~s) P~ (5~g. Ta a~) ~2 - F~W F~ ~ (33.62 A~S) e~ - P~t.~O ~ ~I - 811 - P~ ~OODS (5[.0~ A~) 8~4 - ~ ~0~, D~ 8S3 - S~ ~DS ~C O~ ~ (~.40 ~) FRESHWATER RAP. S~ (20.80 AmU~S) ~A~ (27.41 A~) ~A~ ~-~s (a.7s A~) ~ ~ (7.~ A~S) (ig.mi A~S) ~om (z.~ A~) ~0~ (~m. S6 A~) ~S (li.4x A~S) WA~ ~ (4.0m A~) ~ - ~ ~ ~GE D~ O~ WA~ (0.95 A~) NAL AIRPORT D MANAGEMENT AREA EXHIBIT B sHeET to~4 ENVIRONMENTAL") INCORPORATED ~ 18505 Paulson Drive, Bldg. B Porf Charlotfe, FL 55954 Tel (941) 624-291~ Fax (941) 629-7210 Exhibit B (Sheet 2 of 4) ~: PUBLIC WORKS ENGINEERING DEPARTMENT 3301 IL\ST TAMIAMI TRAIl.. NAI'I.ES, FLORII)A 34112 (941 ) 774-8192 261_4 pr'_,: SKETCH OF DESCRIPTION NOT A SURVEY S 67'48'52'E 1636 03' S 87'06'44'E 5316 EASEMENT "B" EASEMENT 'B' EASEMENT"A" N 87°48'37' W N 87°40'03%~ 1325 39' 258 55' P 0 B EASEMENT ' 208 02' N 24'3B'25'W 856 39' 670 32' . 1348 59 N $7'42'39"W 2580 11' N 87°43'00'W -- 397 63' COUNTY ROAD 846 GENERAL NOTES 1) P.QC, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR SCA~oT TO SCALE DAlE OCTOBER 25, 1999 AGENDA ITEM No. JAN 2 5 IAFSJE SHEET IOF ~ 0673 Exhibit B (Sheet 3 of 4) OR: 2614 PG: 0674 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 12 (941 ) 774-8192 Easement Parcel "A" LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 2680.88 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 39 SECONDS WEST ALONG THE NORTH RIGItT OF WAY LINE OF COUNTY ROAD 846, A DISTANCE OF 2580.11 FEET; THENCE NORTH 87 DEGREES 43 MINUTES 00 SECONDS WEST, A DISTANCE OF 397.63 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 19 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTH I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1808.24 FEET; THENCE NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 45.29 FEET TO THE POINT OF BEGINNING; TtlENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 213.26 FEET; THENCE NORTH 24 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 856.39 FEET; THENCE NORTH 18 DEGREES 23 MINUTES 08 SECONDS EAST ALONG THE EAST RIGHT OF WAY LINE OF THE SEABOARD COASTLINE RAILROAD, A DISTANCE OF 20802 FEET; T}-IENCE NORTH 18 DEGREES 46 MINUTES 40 SECONDS EAST, A DISTANCE OF 2728.00 FEET; THENCE LEAVING SAID EAST RIGItT OF WAY LINE NORTH 84 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF 840.00 FEET; TIIENCE SOUTIt 1 DEGREE 30 MINUTES 10 SECONDS WEST, A DISTANCE OF 3250.00 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 50 SECONDS WEST, A DISTANCE OF 450.00 FEET; THENCE SOUTtl I DEGREE 30 MINUTES 10 SECONDS WEST, A DISTANCE OF 360.00 FEET; THENCE SOUTH 88 DEGREES 29 MINUTES 50 SECONDS EAST, A DISTANCE OF 450.00 FEET; TtlENCE SOUTH I DEGREE 30 MINUTES 10 SECONDS WEST, A DISTANCE OF 700.00 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 150.00 FEET; TttENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 150.00 FEET; THENCE SOUTtt 43 DEGREES 30 MINUTES 06 SECONDS WEST, A DISTANCE OF 1613.95 FEET; THENCE NORTtt I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1480.00 FEET; THENCE SOUTH 88 DEGREES 34 MINUTES 15 SECONDS EAST, A DISTANCE OF 670.00 FEET; TflENCE NORTIt I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 370.00 FEET; TIIENCE NORTll gfl DEGREES 34 MINIITE. S 15 SECONDS WI{ST. A DISTANCE OF 837.52 FEET TO TIlE I'OINT OE BI!GINNIN(i; SAID DliSf'I(IIIED TRA('I' ('()NI'AININfl 137.084 A('R[:.S (5,971,401} SQUARE FEET), MORE OR I.F. SS. IAF.qJIiA AGENDA ITEM No. '~!,~tl PREPARED BY ... ~. .... DATE .... ~/GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 3 OF ~r Exhibit B (Sheet 4 of 4) OR: 2614 PG: 0675 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... Easement Parcel "B" COMMENCING AT THE NORTIIWEST CORNER OF SECTION 2, TOWMSHIP 47 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 2680.88 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 39 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 846, A DISTANCE OF 2580.11 FEET; THENCE NORTH 87 DEGREES 43 MINUTES 00 SECONDS WEST, A DISTANCE OF 397.63 FEET; THENCE LEAVING SAID NORTH RIGItT OF WAY LINE NORTIt 19 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTH I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1808.24 FEET; THENCE NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 258.55 FEET; THENCE NORTII 24 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 856.39 FEET; THENCE NORTH 18 DEGREES 23 MINUTES 08 SECONDS EAST,ALONG TIIE EAST RIGtlT OF WAY LINE OF TIlE SEABOARD COAST LINE IL,MLROAD A DISTANCE OF 208.02 FEET; TItENCE NORTlt 18 DEGREES 46 MFNUTES 49 SECONDS EAST, A DISTANCE OF 4158.00 FEET TO TI-tE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 1470.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WA5' LINE SOUTH 71 DEGREES 13 MINUTES 11 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE SOUTH 6 DEGREES 06 MINUTES 55 SECONDS EAST, A DISTANCE OF 1470.00 FEET; THENCE NORTH 80 DEGREES 34 MINUTES 43 SECONDS WEST, A DISTANCE OF 840.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.199 ACRES (749,189 SQUARE FEET), MORE OR LESS. IAFSIEB AGENDA ITEM No. ~(f t~ ~ ,, o /* 'i....,'....DATE. / GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET~ OF ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAIMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 ' LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO., FOLIO NO... COMMENCING AT TIlE NORTIIWEST CORNER OF SECTION 2, TOWMSHIP 47 SOUTlt, RANGE 29 EAST. COLLIER COUNTY, FLORIDA; TIIENCE SOUTH I DEGREE 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 2680.88 FEET; TIIENCE NORTH 87 DEGREES 42 MINUTES 39 SECONDS WEST ALONG .DIE NORTIt RIGItT OF WAY LINE OF COUNTY ROAD 846, A DISTANCE OF 2580.11 FEET; THENCE NORTH 87 DEGREES 43 MINUTES 00 SECONDS WEST, A DISTANCE OF 397.63 FEET; THENCE LEAVING SAID NORTIt RIGItT OF WAY LINE NORTH 19 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTII I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1808.24 FEEl'; THENCE NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 258.55 FEET; THENCE NORTH 24 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 856.39 FEET; TItENCE NORTH 18 DEGREES 23 MINUTES 08 SECONDS EAST,ALONG THE EAST RIGHT OF WAY LINE OF THE SEABOARD COAST LINE RAILROAD A DISTANCE OF 208.02 FEET; TItENCE NORTH 18 DEGREES 46 MINUTES 49 SECONDS EAST, A DISTANCE OF 4158.00 FEET TO 'DIE POINT OF BEGINNING; 'DtENCE CONTINUING NORTIt ALONG SAID LINE, A DISTANCE OF 1470.00 FEET; TIIENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTII 71 DEGREES 13 MINUTES 11 SECONDS EAST, A DISTANCE OF 210.00 FEET; TltENCE SOUTtt 6 DEGREES 06 MINUTES 55 SECONDS EAST, A DISTANCE OF 1470.00 FEET; 'DIENCE NOR'Ill 80 DEGREES 34 MINUTES 43 SECONDS WEST, A DISTANCE OF 840.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.199 ACRES (749,189 SQUARE FEET), MORE OR LESS. IAFSJEB AGENDA ITEM No. JAN 2 5 2:2 3 pg. Ic:~ c.,' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL REVIEW: An impact assessment of the Ronto Livingston DRI has been prepared as required by Chapter 380, Florida Statutes. The DRI assessment is largely based on information supplied in the Application for Development Approval (ADA). The ADA represents a Comprehensive Analysis of a defined number of questions required by administrative rules that identify the impact of the development upon a wide range of physical, natural, economic and social issues. The ADA in its entirety including additional sufficiency responses to evaluation criteria was reviewed by all jurisdictional state agencies including the Southwest Florida Water Management District, Southwest Regional Planning Council staff, and local jurisdictional staff personnel. This process concludes with a report by the Southwest Florida Regional Planning Council's Official recommendation. These recommendations address each of the evaluation criteria required by administrative rules and Chapter 380, Florida Statutes. These include Energy, Historical/Archaeological, Housing, Hurricane Evacuation/Flood Plains, Vegetation and Wildlife/Wetlands, Solid/Hazardous/Medical Waste, Stormwater Management, Transportation, Wastewater Management/Water Supply, Consistency with Local Comprehensive Plan and General considerations. These recommendations are then included in the Development Order crafted for local approval. The recommendations were reviewed and approved by the Southwest Florida Regional Planning Council on December 16, 1999, and conveyed to official representatives of Collier County. FISCAL IMPACT: Companion petition PUD-99-09 provides an analysis of potential impact fee revenue. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The development order approval request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. HISTORIC/ARCHAEOLOGICAL IMPACT: DRI projects are required as a function of the Application for Development Approval, to submit a Historic and Archaeological survey of the property. Analysis advises that there are no archeological sites as determined by the Florida Master Site File of the Division of Historic Resources. AG EN~ IT. IB~ .o. IIrr JAN 2 5 ZOO0 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition DRI-99- 02. The attached development order contains conditions which are consistent with the Southwest Florida Regional Planning Council's (SWFRPC) recommendations as forwarded to staff on December 16, 1999. EAC RECOMMENDATION: The Environmental Advisor Council (EAC) heard this petition on January 5, 2000. They recommended approval as presented by staffwith no additional stipulations. PLANNING COMMISSION RECOMMENDATION: At a meeting held on January 6, 2000, the Planning Commission recommended approval of DRI-99-02 with no additional stipulations. RJONALD F. NINO, ~I'~ DATE CURRENT PLANNING MANAGER REVIEWED BY: R~)Bl~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. t- DATE DATE DRI-99-02/PUD-99-09- EX SUMMARY/RN/ts JAN 2 5 2.000 AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUrNITY DEVELOPMENT & ENVIRONME] December 16, 1999 PETITION NO: DRI-99-02 (COMPANION TO PUD-99-09) OWNER/AGENT: Agent: Karen K. Bishop PMS Inc. of Naples 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Owner: Ronto Livingston, Inc. 3185 Horseshoe Drive South Naples, FL 34104 (Application for Corporate Officers) REQUESTED ACTION: This petition seeks approval of a Development of Regional Impact (DRI) Development Order for the Ronto Livingston proposed mixed-use residential golf course community. GEOGRAPHIC LOCATION: The property is located immediately contiguous to the Collier/Lee County boundary and Interstate Highway 75 roadway. The property additionally will lie immediately east of the proposed extension of Livingston Road approximately two (2) miles north of Immokalee Road (see location map on following page). PURPOSE/DESCRIPTION OF PROJECT: Ronto Livingston is intended to be a mixe2-use residential community designed around a golf course and supporting open space consisting of lakes and conservation areas. The Ronto Livingston DRI has proposed :onstruction of 1.380 residential units {344 single-family units and 1.036 multi-family units} and ~olf course and country club amemties. The latter will include an 18-hole golf course and a 25.-,)0 square foot clubhouse, with a pro shop, dining area, maintenance facilities and a driving range. -[he DRI xvill also include 36 acres of preservation area, 69 acres of lake. 22 acres of right-of-wa', and a 7-acre power line easement Isee Master Development Plan}. The proposed surface water ::.anagement plan will convert an existing agricultural drainage, irrigation system into a state-oi-:he-art stormwater management facility featuring on-site lakes and preserved wetlands. Wastewa~er ~reatment and water supply will be provided by Collier County Utilities. The project is plannee :o be constructed in two phases with project build-out in 2007. SOUTHWEST FLORIDA REGIONAL PLAN~'NING COUNCIL REVIEW: .&n impact assessment of the Ronto Liv:nzs~on DRI has been prepared as required by Chapter 380, Flor/da Statutes. The DRI assessment is :~r~ely based on information supplied in the Application for Development Approval (ADA). The ADA represents a Comprehensive Anatvsis of a defined number of questions required by administrative n::es that identify the impact of the development upon a wide range of physical, natural, economic and _;,:c/al issues. The ADA in its entireT,' including additional sufficiencv responses to evaluation criteria was reviewed by all jurisdictional state agencies including the Southwest Florida Water Management District, Southwest Regional Planning Council staff, and local jurisdictional staff personnel. This ~rocess concludes with a report by the Southwest Florida Regional Planning Council's Official recommendation. These recommendations address each of the evaluation criteria required by administrauve rules and Chapter 380, Florida Statutes. These include Energy, Historical/Archaeological, Housing, Hurricane Evacuation/Flood Plains, Vegetation and Wildlife/Wetlands, Solid/Hazardous/Medical Waste, Stormwater Management, Transportation, Wastewater Management/Water Supply. Consistency with Local Comprehensive Plan and General considerations. These recommendations are then included in the Development Order crafted for local approval. The recommendations were reviewed and approved by the Southwest Florida Regional Planning Council on December 16~ 1999. and conveyed to official representatives of Collier County. JAN 2 5 RONTO LIVINGSTON DRI - DEVELOPMENT ORDER The Development Order submitted to staff, upon review includes all of the regionally si~ificant SWFRPC Official Recommendations. It should be appreciated that the DR/ Development only addresses regional impacts, however, all DR/Development Orders are concurrently processed with a rezoning application, typically in the form of a Planned Unit Development (PUD). The concurrent rezoning action addresses local concerns and conditions of approval. The Development Order also ties the PLq) regulatory document into its applicable regulatory framework by citing the PUD as being a part of the Development Order. Therefore, with the passage of both the Development Order (DR/) and the PUD regulatory document we have development approvals spanning both regional impacts and local requirements for consistency with the GMP and LDC. It should also be noted that many regional conditions of approval also address local requirements such as environmental preservation and enhancement, transportation and stormwater management in particular. In these cases the regional condition is all inclusive of local requirements for GMP consistency and LDC regulations. Local Development Issues - Traditionally, DR/ Development Orders include provisions for community facilities and services such as schools, public parks, fire stations, police ser~,ices and so forth. With the advent of impact fees for each and everyone of the facilities and services the need to reserve space or otherwise extract a financial commitment diminished allowing greater flexibility in terms of sites to insure that a site for a given community facility was in the best location. In the past, and in the absence of impact fees, sites were chosen that were less optimal in terms of location simply because it was expedient to require an allocation of space. Examples of this situation include school sites in Pelican Bay, and Marco Shores that did not fit with optimum locations. With the payment of impact fees those jurisdictional agencies now have more freedom to pick the best sites for the least amount of dollars. All communiW facility and service providers were offered an opportunity, to review the Ronto Livingston ADA and to advise staff if there were any issues within their jurisdiction that required us to seek a development commitment over and above what has been provided in the ADA and the Final Development Order. We received no requests to go beyond the commitment made in the Development Order or that run contradictory to the responses made in the ADA relative to any particular community service. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition Li)~ gston as described by the Development Order Resolution. / I~REPAR~,~BY: RiGrqxLB" P. NINO, AICP CURRENT PLANNING MANAGER DRI-99-02, Ronto DATE !',~I E X~ED BY: ~[OBEVl~ ~. ~'f~CI~HERE, AICP PL.~NNING SERVICES DEPARTMENT DIRECTOR DATE Ac~P~DBY: /~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number DRI-99-02 (COMPANION TO PUD-99-09) Staff Report for the January 6, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g~admir~DRI-99-02 STAFF REPORT/RN/im 4 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Ronto Livingston, Inc. Applicant's Mailing Address City Naples Applicant' s Telephone # (941) 649-6310 Name of Agent Karen Bishop Agent's Mailing Address City Naples Agent's Telephone # 3185 Horseshoe Drive South State FL Fax# Firm 2335 State FL (941) 435-9080 Zip 34104 (941)649-8870 PMS Inc. of Naples Tamiami Trail North, Suite 408 Zip 34103 Fax# (941) 435-9082 COLLIER COIJNTY COMMD'NITY 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 - .~98 PAGE I OF 16 JAN 2 5 :..~ 2. Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo 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 A. Jack Solomon, president David C. Bennett, Vice President Mark S. Taylor. Vice President 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 APPLICATION FOR PUBLIC HEARING FOR PUD RE?ONE - S/98 PAGE 2 OF 16 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or indivduals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership Date of Con~act: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired 0 leased 0: Term of lease If, Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date yrs./mos. and date APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 3 OF 16 ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the 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: 12 Township:. 68 S Range: 25 E Section: 7 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Page//: Property I.D.# See Attached Metes & Bounds Description: See Attached o Size of property: ft. X ft.= Total Sq. Ft. Acres 462 Address/General location of subject property_; North of Pelican Strand, South of Lee Coun _ty Line, East ofi-75, West of Livingston Road North/South Adjacent Zoning and land use: Zoning I. and Use N A None S PUD E 1-75 W Livingston Rd No/So APPLICATION FOR PUBLIC HEARING FOR PUD REZONE PAGE 4 OF 16 Residential Golf Course Transportation Transportation 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). N/A Section: Township: Range:. Lot: Block: Subdivision: Plat Book ~ Page#: Property I.D.# Metes & Bounds Description: Rezone Request: This application is requesting a rezone from,the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Farmlands A Proposed Use (or range of uses) of the property: Residential GolfCommuni _ty Evaluation Criteria: Pursuant to Section 2.7.2.5 and See. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Sedion 2.7.2.5) Whether the proposed change will be consistent with the goals, objedives and policies and fulure land use map and the elements of the growlh management plan. 2. The existing land use pattern. The possible crealion of an isolated distrid unrelated lo adjacent and nearby distrids. APPLICATION FOR PIJBLIC HEARING FOR PUD REZONE - S,n)8 PAGE 5 OF 16 Whelher existing distrid boundaries are illogically drawn in relation to existing conditions on the properly for the proposed change. o Whether changed or changing conditions make the passage of the proposed amendment Irezone] necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including adivity during construdion phases of the development, or otherwise affed public safety. 8. Whether the proposed change will create a drainage problem. o Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in distrids already permilting such use. 16. The physical charaderistics 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5t98 PAGE 6 OF 16 17. The impact of development on the availabilily of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. II), as amended. 18. Such other fadors, standards, or criteria that the board of county commissioners shall deem important in the protedion of the public health, safety, and welfare. PUD Rezone Considerations {LDC Section 2.7,3.2.5 The suitability of the area for the type and patlern of development proposed in relation to physical charaderistics of the land, surrounding areas, lraffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and exlernal compatibility of proposed uses, which conditions may include restridions on location of improvements, reslridions on design, and buffering and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subjed property and of surrounding areas to accommodate expansion. o regulations in the particular case, based on determination that such APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- PAGE 7 OF 16 Conformity with PUD regulations, or as to desirable modifications of such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions; The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restridions. 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 affeded by existing deed restrictions. 10. previous land use petitions on the subject property; To your knowledge, has a public hearing been held on this properly within the last year?. If so, what was the nature of that hearing?. 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; If this rezone is being requested for a specific use, provide fifteen 115) copies of a 24' x 36' conceptual site plan (and one reduced 8-1/2'xl 1' copy of site plan), drawn to a maximum scale of 1 inch equals 400 feet, depiding 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 (EABI, or CCPC); · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress lincluding pedestrian ingress and egress to the site and the structure (s) on site), · all existing and/or proposed parking and loading areas linclude 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 architedural rendering of any proposed strudures. do the Land Development Code {LDC), or a request for waiver if appropriate. SPPLICATION FOR PUBLIC HEARING FOR PUD REZONE - SD8 PAGE $ OF 16 An Environmental Impad Statement {ELS), as required by Sedion 3.8 of eo fo go Whether or not an ElS is required, two copies of a recent aerial photograph, {taken wilhin the previous twelve monlhs), minimum scale of one inch equals 400 feel, shall be submitted. Said aerial shall identify plant and/or wildlife habilats and their boundaries. Such identification shall be consislenl with Florida Deparlmenl of Transporlalion Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage {or square feet} of native vegetation on sile, by area, and a calculation and location[s) of lhe required portion of native vegetation to be preserved {per LDC Section 3.9.5.5.4.). Statement of utility provisions {with all required attachments and skelches}; A Traffic Impad Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probabilily (as identified at pre-application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 9 OF 16 PUD REZONE APPLICATION SUBMITTAL CHEC~IST THIS COMPLETED Cltg. CKLIST IS TO BE SUBMI1WED WITH APPLICATION PACKETI REQUIREMENTS # oF. COPI~,, REQUIRED REQUIRED 1. Completed Application 1 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corp,o~on X 3. CompletedOwner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 5. Conceptual Site Plans 15 6. EnvironmentalImpact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed UtilRy Provisions Statement (with required 4 attachments and sketches) X 9, Traffic Impact Statement- (TIS) 4 10, Historical & Archaeological Survey or Waiver. 4 Application 11, Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 X 13, Application Fee, Cheek shah be made payable to Collier County Board of Commissioners 14, Other R~luirements - As thc authorized agent/applicant for this petition, I attest that ali of the information indicated on this chccidist is included in this submittal package. I understand that failure to include aH necessary submittal information may result in thc delay of process this petition. Agent/Applicant Signature APPLICATION FOIl PUBLIC nEARING FOR PUl) REZONE - SDS /Date PAGE 15 O~ 16 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property legally described as {See Attached Legal Description). The property described heroin is the subject of an application for zoning and development. We hereby designate RONTO LIVINGSTON, INC. as the legal representatives of the property in the course of seeking the necessary approvals to .develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and all development approvals on the site (including S.F.W.M.D. and A.C.O.E. permitting). Dewey R. Gar.qiulo, Trustee Printed Name STATE OF FLORIDA, COUNTY OF ~_~ l~) e Y" Swomto (or affiX) and subscjfl3ed me or w,,u nas produceo(J --OFFICIAL NOTARYSEAL SHANNON GRANT NOTARY PUSLIC STATE OF COMMI~ION NO. vwho is personally known NOTARY ~OBr[IC (Name typed, printed or stamped) Real Property Description Parcel B All of Section 7, Township 48, South, Range 26 East, lying west of Interstate Highway 75 Right-of-Way, less and except the following described property: All that part of Section 7, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the southwest corner of said Section 7; thence N. 00'58'48" W. along the westerly line of said Section 7 a distance of 1403.26 feet; thence leaving said westerly line S. 89'36'51" E., a distance of 3481.69 feet to the westerly right-of- way line of State Road 93 (Interstate 75) also being a point of intersection with a non tangent curve, concave westerly, having a radius of 5567.58 feet and a central angel of 01 '38'41", thence southerly along said right-of-way line and the are of said curve a distance of 159.82 feet, said are subtended by a chord which bears S. 00'28'34" E. along said right-of-way line a distance of 1243.21 feet to an intersection with the southerly line of said Section 7; thence N. 89*37'03" W. along said southerly line a distance of 844.29 feet to the south quarter corner of said Section 7; thence N. 89'36'51" W. along said southerly line a distance of 2627.36 feet, to the Point of Beginning of the parcel herein described. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Ronto Livingston~ Inc. MAILING ADDRESS: 3185 Horseshoe Drive South CITY Naples STATE FL ZIP 34104 ADDRESS OF SUBJECT PROPERTY (IF AVAH. ABLE):. e LEGAL DESCRIPTION: Section: Section: Lot: Plat Book 12 Township: 48 S Range: 25 E 7 Township: 48 S Range:. 26 E Block: Subdivision: Page//: Property I.D.// Metes & Bounds Description: m TYPE TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM X CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM OF WATER SERVICE TO BE PROVIDED: COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) X APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 13 OF 16 o o 10. 11. 12. TOTAL POPULATION TO BE SERVED: 1380 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAII.Y IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be 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. 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 thc 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 that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAH,ABILITY CAPACITY FROM OTI~R PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, iftbe 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. uti~ i'rovis~a S~tem~¢ ]RJM IM?~;? APPPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 14 OF 16 AMENDED AND RF~TATED SALES CONTRACT THIS AGREEMENT is made this 26 day of Januarv ,1999, by and between: BUYER: SELLER: ESCROW AGENT: RONTO LIVINGSTON, INC. 3185 Horseshoe Drive South Naples, Florida 34104 PAUL E. TOPPINO, Trustee of that certain unrecorded Land Trust dated April 15, 1987 3140 Northside Drive Suite 101 Key West, FL 33040 R. SCOTT PRICE, Esq. Kelly, Price, Passidomo, Siket & Solis 2640 Golden Gate Parkway, Suite 315 Naples, FL 34105 WITNESSETH: WHEREAS, Seller is the owner of a certain parcel of land located in Collier County, Florida, as more particularly described in Exlfibit "A" atta~ hereto and incorporated herein by reference; and WH'EREAS, Seller entered into that certain Sales Contract with Daniel N~ Guoan for the sale of the Subject Property which contract was dated as of March 19, 1998 (the "Sales Contract"); and WHEREAS, Daniel N. Guoan assigned his rights under the Sales Contract to Ronto Group, Inc. by Assignment of Contract dated as of July l, 1998; and WI:W. REAS, the Sales' Contract was amended by Amendment to Sales Contract dated August 19, 1998; and wI:ri~.REAS, Ronto Group, Inc. has assigned its rights under the Sales Contract to Ronto Livingston, Inc. by Assignment of Contract dated September 18, 1998; and WHEREAS, Seller and Ronto Livingston, Inc. as 'Buyer" desire to amend and r~sm.~_~ ~._/ _ o23 NOW, TttgRE~RR, in consideration of the foregoing recitals, the mutual coveaants and agreements set forth herein, and other good and valuable consideration, thc receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree to amend and restate the Sales Contract as follows: I DE~/N1TION$ 1. As used in this Agreement, the following terms shall have the foUowing meanings: 1.01 'A~,reement' means-this Amended and Restated Sales Contract as it may be further amended from time to time. 1.02 'Eff~ve Date' means Mm~ 19, 1998. 1.03 ~Date of Rxecution Of this _Agreement" means tho last date on'which Seller and Buyer have both executed this Agreement~ 1.04 'Subiect P~o~' other ~s, Hberties and privileges tl~.~eon or in any way now or ~ appe~g. 2.01 porchsse and Sale. Buyer %o~'ces to ~ from SeJler and Seffler agrees to sell to,Buyer the Subject Property under the terms and conditions Set forth herein. m ~p-R~E. PRICE .AND PA~ 3.01 Tho total pxice ~ be (the account to be held and disbursed az deposited into e~row with E,~cww Agent ~which was deposi~ into an interest bearing Agreement. 3.03 Balance of Purchase Price. The b.5_ l:ance of the Purchase Price, after adjustments as provided herein, shall be paid by Buyer to Seller by confirmed wire lra~e? funds to an account designated by Seller. 3.04 Additional Buyer agrees to pay Seller month every seventeenth month un occurs 1999, (which date is arbitrarily agreed to regardless of the date of execution of this AgreemenO which payments shall not be credited agaln~ the Purchase Price and which shall be non-refundable unless Seller defaults hereunder. Such payments sbnl! be by wire transfer, cashier's check or attorney trust account check payable to David G. Budd, Attorney, Trust Account. The failure of any such payment to be made with/n three (3) business days of its due date shall constitute a default hereunder. 4.01 Closln~. The 'Closing' shall occur on or besom th~ ~ of Decemb~ 31, 2000 orthe date Buyer closes on the In~d co~tiguons to the Subject Pwl~rty pursuant to the agreement with loire Vega, Ir., ~ and Romld L. Bwwn, dated Dccem~ 22, L098. Closing heremuter is not contingent on such a closing under that zgreeme~ however,' a de/milt by Buyer under that agreement, unless cured by Buyer by agreement with 5eJler within thi~y (30) days of any such default, shall also be a default hereunder. The Closing may be sooner than such date so long as Seller receives fifteen (15) days written notice thereof. Failure of Buyer to close within forty-five (45) days of providing such notice of an early, clc~n~ shatl be a de/ault hereunder. The Clo~n~ ~ occur at the office of Kelly, Price, Passidomo, 5ii~t.& SoUs in Naples, Florida, by mail, or at another location mutually agreed upon by the parties. 4.0 (a) $~. Seller ~ Pay the cost of the docmn~ S~ml~ to be of an nbs/tact; (ih') preimafion and recordation of any insW,ments ~ to correct title; (h,) credits, prorations and other costs as desex/bed here/n; and (v) Seller's attonmys' fee~. Co) .Buyer. Buyerwillpay(i)lhecostsofBuyer'sT'~lelnmrance; ('n') the cost of recording the Deed; and ('~') Buyer's a~orneys' fee~. 4.03 ~ments to be Delivered by Seller at O0sin . At ..Closing, exea],te and deliver or cause to be delive.,~ to Buy,er executed odgina/s of the followi~ (a) The Speci Warran Co) Affidavit of No Lien and "gap" Affidavit as required by the Title. Insurance Company issuing title insurance to Buyer. (c) Affidavit in compliance with the Foreign Investment in Real Pt Tax Act of 1980, as mended, affirming that the Seller is not a "foreign person' as defined Internal Revenue Code. (d) Such othe~'~ocuments as may be reasonably required to be executed and delivered W complete the transaction contemplated hereunder. (e) Bvidence satisfactory .to Buyer's Tire Insurance Company that Seller has duly authorized and executed the documents required hereunder. Seller shall deliver copies of aH documents to be delivea~ at Closing to Buyer's attorney not less than five (5) days prior to Closing. 4.04 D0o,ment~ to be Delivered bv Buver at CIo~in_~. Attl~fimeofCloaing, Buyer sb_nl! execute and de, liver or cau~ to be delivered to Seller, execam~ originals of such doaunents as may be reasonably required to be ~ and delivea~ to complete the ~n contemplated hereunder. . Buyer shall deliver copies of aH documents to be deJivered at Closing to Seller's attorney not less than five (5) days prior to Clc~_~ng. V 5.01 Title. (a) Within thirty 00) days prior to C1 _~-, Buyer shall ~ an absu-act of Buy~ ~ ~ ~ ~~ w~ ~ ~ ~ ~ ~ ff ~ ~ ~ ~ ~ ~~). ~s~ ~ ~om ~ ~ ~ ~~ of~ w~ w~ ~~~~of~nof~~ ~, ~h ~g ~~ ~. '~ ~', ~ ~on for ~e, ~, ~, ~~ ~, or ~y ~ ~e (b) Buyer or Buyer's attorney shah give written notice to ~ of any objections by Buyer to the Abstract as defined herein within fifteen (15) lmsiness days after Buyer receives the Abstract. Buyer shah not be required to make objection to the existence of aay mortgage lien, matefialmen or mechanic's lien, assessment lien or nay Other lien encumtm/ng the Subject Property, ail of which are hereby deemed to be title objections which Seller agrees to cure on or before Closing. Seller shall have a reasonable time, not to exceed ninety (90) days, to cure any tire defects. If Seller ~ils after due diligence to cure any rifle defect as to which Buyer gives Seller notice, Buyer Sim_Il have the option to terminate this Agreement by written notice to Seller, whereupon this Agreement shall terminate and thc Nzerow Agent shah deliver the Name.st Money Deposit to Buyer. In the event Buyer terminates this Agreement pursuant to this Secfioa, SeUer shall bear all Buyer' s out-of-pocket expenses from the date of execution of this Agreement thrm~gh existing condition and proceed to Closing as otherwise provided herein. 5.02 Affidavits. At the Closing, Seller shall provide Buyer with an Affidavit of No Lien and such additional documentation as is required in such form as is reasonably necessary, which affidavit shall (0 run to the benefit of Buyer and Buyer's 'rifle Insurance Company, ('ti) be in form and content aecxptable to Buyer's Title Insurance Company and ('fii) contain without limitation the following information: (a) That there are no outstanding unrecorded contracts for sale, options, leases or other arrangement with respect to tho Subject Property to any person other than Buyer.~ (b) ~ no constmaion or repairs have been. ma~ by Seller nor any work done to or on the Subject Propeity by ~ which have not been fully paid for, nor any contract entered into nor anything done the conseq-aenoe of which wonld remlt in a lien Or a claim of Hen to be made ngn;n~ the Subject Ptopeity pur~__nnt to Chapter 71:3, Florida St~utea or than SelI~r. which indicate a lien Or security interim itt, on or under the Parcel which will not be xv2eased or termlnat_,~rl at Closing. AND I~]~,~SlgNTATIONS 6.01 Seller's Warranties. Seller makes no represen~__6ons or wananties conceml.ng the Subject Pwpeaiy as of the Effective Date and Buyer is buying the p~."AS IS", except Seller will mak= the follow;~ representations and watrantie~ concerning tho Subject Property which shall apply only for those matte~ lis/ed below which are created only during the period from the date of execution of this Agreement through the Closing Date. (a) That Seller has good, insurable rifle to the Subject Pwpexty, free and clear of all Hens, encumbrances and restrictive covenants, except as otherwise set forth in ~ Agreement or disclosed in the Abstract. (b) That to the be.st of Seller's knowledge there are no ~0eeial asse~ments against or re~ating to the Subject r~perty and if there are any, Buyer will tak~ subject thereto and be solely responsible thereof. (c) That no goods or services have been contracted for or fumish~ the Subject Property unaer contract with Seller which might give rise to any consmtction iien~.../_~,-_. ~._~ 5 affecting all or any part of the Subject Property. (d) That Seller has not entered into any outstanding agreements of sale, options or other fights of third parties to acquire an interest in the Subject Propet~y. (e) That Seller has not entered into any agreements which are not of record with any state, county or local governmental authority or agency with respect to tl~ Subject (f) That Seller has full power to sell, convey, transfer and assign the Subject Property on behalf of all parties having an interest therein. (g) That to the best of Seller's knowledge, without duty ofinquiry, tho Subject Propexty is in full compliance with nil applicable envi~nmental laws and inoludlng, WithOUt Iim~tn6ons, the Fedu~ Compre. hensive ]Emrlronmeatal Compensation and Liabi~ Act of 1980 as _nm_ended from t~me to time, also known as 'Supezfund', tho Federal ~ Consetvalion and Recovery Act of 1976, as amended'from time to time, and tho State of Florida's 1974 P. esouzce Recovery and Management Act, as amended from time to time. 'I'nere are no hazardous substances, waste~ or mateaSals whatsoever located on tho Subject Property in vio~_n_~on of law. 'I'ne Subject ~ has not been used in thepast for the storage, discltarge, tuleaso or dispo~ of hazardous substances, wastes or mat=ials in vio!n_~on of law and ~ has received no notice that any environmental vio~n_fions exist with Ch) That to tho best of S~er's knowledge, the~ are no pending or threatened condemnation or similar proceedings affecting tho $nbject Pmpea~, and that ~ shall notify Buyer in writing of any changes affecting this x~p~on prior to tho Closing.. (i) I'aat ~i.~ Agreement and all documeats ~uted by Sellerwtdehare to bo deli.vexed to Buyer at Closing are, or at tho time Closing will bo, duly author, executed and delivered by tho Seller, and are, or at the arno of Closiag, will bo, tho legal, valid and binding obligation of Seller, and are, or at the time of Closing will bo, suffi~ to convey title, and do not, and at tho time of Closing will not, violate any provisions of any agreement or judicial order affecting Seller or the Subject Property, excegt as may rehte to legal access. O) That to tho best of Seller's knowledge, thoro are no violations of any law, statute,, regulation, code, ordinance or zoning condition (tho "Applicable Laws") with respect to the Subject Property or any improvements thereon. Seller shah promptly comply with the Applicable Laws at Seller's sole expense. Seller shall deliver to Buyer any notice of violation of Applicable Laws received by Seller prior to or after Closing. or to the best of Seller's knowledge, threa~ed which affect the Subject Property, except relate to legal access. That there are no litigation or admlni.~.rafive proceedings pending, 6 P~G 7.01 Development Approval Process. Betw~n the date of execution of this Agreement and the Closing Date, Buyer shall, at its sole cost and expense, diligently apply for and seek approval for a Development of Regional Impact ('DP, I') ordinance and related zoning and development approvals as axe necessary for construction orinstullation on tho Subject Property of residential units and a goff course with related amenities and infrastructure. None of the foregoing appwvals shall be a conditioa of Closing. Seller agrees to join in and execute any zoning, permitting or other related applications in any way connected to such inteaded d~velopment or zoning approval~ as may I~ required by governme~ltal or regulatory authority at no cost or expens~ to Seller. Seller shall ia no way be responsible for on or offsite infrastru~, mitigation, or other costs of improvements associat~ with the Subject Propeaty. Notwithstanding the foregoing, Seller shall be entitled to review and approve, in its reasonable discretion, all d~velopment or zon;ng submittals Buyer intends to ~ concerning the Subject ~ prior to such submittal(s). Se. tier's appxmral thereof shall not be unreasonably conditioned; withheld or delayed. N~,ber, Seller's ~ to approv~ or disapprove of auy such proposed submittal within tea (I0) business days after receipt thereof shall be deemed to be Sell~s approval thereof. 7.02 RiZh_ t of Entry. employees, contractors and other rep~es, from and at~ the date of execution of this Agreement, a fight of entry upon the Subject Prope~ for th~ ImXpo~ of making surveys, to tl~ development and any and all other use of the Subject Property. Buyer shall not permit any to be aua ed to as a reaflt of ira accrues aha aan prom beM off any such ~ filed against fl~ Subject Property at no cost to Seller. Buyer ~ indemnify, defend and hold Seller harmless from and against any costs, damage~, cl~im.~ or ~ sustained or impo~l as a result of personal injury or prope~y damaged caused by or to Buyer or its representatives during the performance of such activities, and inoludlng any propeaty damage or injury to Buyer or its represen~ '~i~ves arising from-tim pre,ace of or Buyer's or its agent's discovery of any condition, including the presence of b~rdous sub.qances, was~ or materi~Is on or under the Subject Prow. a~. Buyer agrees to m~in~ln throughout Who term of this Agreement liability insurance namln~ Scller as an insured party with coverage of One Million Dollars ($I,000,000.00) par person and TWo l~mion Dollars in the aggrega~ with thirty 00) days prior notice to Seller of any cancellation. In the event this transaction f~il.~ to close, Buyer shall restore the Subject Propeffy to substantially the same condition as existing on the Effective Date. ('fi) If prior to Closing, Buyer discovers any hazardous substances on the Subject Property or desires to remove any exotic vegetation therefrom, Seller shall permit Buyer, if Buyer so elects, at Buyer's sole cost and expense, to 'clean-up' such substances ia accordance with government reguhtions or to remove such exotics at Buyer's sole ~c0st. and expense all in accordance with a plan requiring Seller's appwval exercised in its rea ;ona~.e~ discretion. Closing is not contingent upon the outcome of any such tests. CL0S~NG PRORATIONS 8.01 Real,Estate Tax~. Real estate tax~s and tangible personal property taxes, if any, shall be prorated on the basis of the fiscal year for wMch the Subject Property has last been assessed. If a Closing date shall occur before the tax rate is fixed, the proration of taxes shall be upon the basis of the tax rate for the next prec._ {ng year applied to the latest assessed valuation. The parties agr~ that upon receipt of tim aciual tax bill, tho Subject Property taxes shall be 'reprorated and readjusted within teA1 (10) bu~lg~ days af~ a written request from the party .S~e. klng readjustment. If the actions of Buyer causes the Subject Property to be assessed as non- agricultural property, the foregoing pwrations shall be based on the ~ent of the p~ as if it were agricultural l, nd. prior to the Closing date. Buyer shall be entitled to receArve all such income and slmll be ob~ to pay an such expenses for an time periods ~omm~ng with th~ ~lO~llg da~. TI~ pmvizion.s of this Article VIII shall survive Closing. 9.01 Assessments. Buyer agrees that them are no ce~dfi~, confmned and ratified special assessment liens az of l~r,w.h 19, 1998 to be paid by ~ller. Pen~_ ',g liens az of March 19, 1998 and thereafter shall be az.mined by Buyer. X EMINENT DOMAIN: CA~J~ I0.01 Emineut Domain. If, be. for~ Closing, proceedin.os are commenced for the ~ng b~ exercise of the power of eminent dom,in of all or a material part t'~, more than of tbe 'subject Prop~ which would render tl~ Subjo~t Ptope~ uuacceptablo to Buyer or unsuitable for Buyer's Iuteuded Use, Buyer shall have th~ right, by giving notic~ to Seller within thirty 00) days after Seller gives written notice of th~ o0mm~a(Ze.~llent of such proceed_i-gm to Buyer, to termlnste ~ Agreement, in which event this Agreement shall termi~t_o and the Money Deposit s~l_l be refunded to Buyer. If, before the Closing date, Buyer .has the right to terminate this Agreement pursuant to the preceding s~nteace but Buyer does not exem-ise such 'right, then this Ag/cement shall remain in full force and effect and, at Closing, the condemnation award (or, if not there~ofore received, the right to recc. ive such award) payable on account of the taking shall be transferred to Buyer. Seller shah give w~itten notice to Buyer promptly after Seller's receiving notice of thc commencement of any proceedings for the taking by exercis~ of the power of eminent domain of all or any part of the Subject Property. Buyer shall have a period up to thirty (30) days after Seller has given the notice to Buyer required by this Paragraph [0~01 (the 'Evaluation Period') to evaluate the extent of the talcing and make the determinatio~ ~st~e. whether to terminate this Agreement, subject to the requirements that in no event sk 8 ~ X'eziod c~cnd beyoad tho Closia8 date. Buyar stmU hav~ tim xt~ht, by {~vlng notico m S~ ~ ~_~ ~ ~ ~ ~ ~ ~ ~ ~ p~.~ ~ but B~ ~ ~ ~ ~ ~ t~ ~ ~t ~m~Su~~~ ~~. ~~~a~of~ ~ days XX OlqU~O~ O~ Trot ~OPm~r~ 11. i{,e~'s Ob..*~,',,. to O_uer,,~,, Prmm~. 1~ ~e ~ beghm[ug o~ th~ lx.ol ~"m,m~wShV~ws. CcxmplywMsallb:kf~. ~ contm2~tod~£m-m~, reason, ~Ik~ym'*s ~ Ik~nrb mtmed topurnc all n:m~ a~ uo4~rX~add~law, jut. lading, without ]~m~tion, ~ l;~d~zznazr~ and as tklni~ damage~ and to zcczive all Buyer's wodc pmdnct conccm~g l~yea"s ~ ~ ~m~ ~ ~ ~a~ ~~ ~ D~ of~ Su~ ~ ~ ~ ~ 01/28/90 FA,T, 1 941 ~63 0998 10 BUDD I[~I.,'ECKEBF*.RG BENNETT If to Seller: with a copy to: If W Buyer:. with a copy w: Paul E..Toppino, Trustee of that certain unrecorded Land Trust dated April 15, 1987 3140 Northside Drive Suite 101 Key West, FL 33040 David Budd, F_aquire Budd & Beamett Beadey Building Suite 201 ' 3033 Riviera Drive Naples, Florida 34103 Ronto L/vingston, Inc. 318~ Horseshoe Drive South Naples, Florida :34104 R. Scott Price, N.sq. Kelly, Price, Pasddomo, Siket & SoNs 2640 Golden Gate Parkway, Suite 315 Naples, Florida 34105 ~ of this ~ent and the terms and conditions lum~f confic~fin! except ~ maes.sary to enable the parties to comply with the terms and co~ons hereof and to emble Buyer to condnct its due ~'li~oza~ and secure permits and at. royals for Buyers Intended Use. 14.03 .4ssk, m~ ~ em. Buyer may not _ns_~gn any part or all ofthis ~ent except to an entity or investment vehicle in which Buyer holds a substantial equity intere~ (Lo., ten percent (10 l~))which entity is of equivalent or better financial strength. Buyer shah provide proof thereof. Otherwi,~, this Agreem~t shall be binding upon and inure to the benef~ of the parti~ hereto and their ~ve legal repreaentatives, heirs, sueeessoz~ and assigns. 14.04 TimeJsoftheEssence. Thepartiesacknowledgethattimeisoftheessence for each time and date specifically set forth in this Agreement. 14.05 Modification. The pazties agree that this Agreement may be modified only by a written instrument signed by aH parties hereto. 14.0~ Attorneys' Fees. In the event of any litigation betwee~ the p,xrties arising out of this Agreement or the collection of any funds due to the Buyer or the Seller pursuant to_this Agreement, the prevailing party shall be entitled to recover all costs incurred, such c include without limitation reasonable attorneys' and legal assistant fees and costs, also inel aaid fee~ and costs on appeal and in any bankruptcy proceedings. 11 TO 1 ~ 126~:JcJ~ P. 03 EXHIBIT "A" The North ½ of the Northeast 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida. IlUfl. Agenda Item ~4.(a) DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR RONTO LIVINGSTON DRI 7-9899-149 The 463- acre Ronto Livingston Development of Regional Impact (DRI) is located in unincorporated north Collier County near the Collier-Lee County Line, adjacent to Interstate 75 (see Location Map). The Ronto Livingston DRI has proposed construction of 1,380 residential units (344 single family units and 1,036 multi-family units) and golf course and country club amenities. The latter will include an 18-hole golf course and a 25,000 square foot clubhouse, with a pro shop, dining area, maintenance facilities and a driving range. The DRI will also include 36 acres of preservation area, 69 acres of lakes, 22 acres of right-of-way and a 7-acre power line easement (see Master Development Plan). The proposed surface water management plan will convert an existing agricultural drainage/irrigation system into a state-of-the-art stormwater management facility featuring onsite lakes and preserved wetlands. Wastewater treatment and water supply will be provided by Collier County Utilities. The project is planned to be constructed in two phases, with project buildout in 2007. RECOMMENDED ACTION: The staff of the Southwest Florida Regional Planning Council recommends Conditional Approval of the Ronto Livingston DRI to be further conditioned on a finding of Consistency with the Local Government Growth Management Plan by the Collier County Board of County Commissioners. DECEMBER 1999 Southwest Florida Regional Planning Council 4980 Bayline Drive, N. Fort Myers, Florida INTRODUCTION The 463-acre Ronto LMngston Develo:ment of Regional Impact (DRI) is located in unincorporated north Collier Counw near the Collier-Lee County, Line, adjacent to Interstate 75 (see Location Map). The Ronto Livingston DRI has proposed construction of 1,380 residential units (344 single family units and 1.036 multi-family units) ane, golf course and country club amenities. The latter will include an l g-hole golf course and a _?.'. 00 square foot clubhouse, with a pro shop; dining area; maintenance facilities and a driving range. The DRI will also include 36 acres of preservation area, 69 acres of lakes. 22 acres of right-,::'-way and a 7-acre power line easement (see Master Development Plant. The proposed s~:~'ace water management plan will convert an existing agricultural drainage/irrigation system !nto a state-of-the-art stormwater management facility featuring onsite lakes and preserved xve:iands. Wastewater treatment and potable water will be provided bv Collier Count',' Utilities..'-?.e project is planned for construction in txvo phases, with project buildout in 2007. The impact assessment for Ronto Livingston DRI/ADA has been prepared by the Southwest Florida Regional Planning Council as required 5v Chapter 380.06, Florida Statutes. The DRI assessment is largely based on information supplied in the ADA. Additional information was obtained by contacting local officials, consulting ofl~c:ai plans, and by reviewing reports related to specific issues in the impact assessment. The South Fiorida Water Management District reviewed water-related elements. The Florida Department of Transportation reviewed the transportation element. The Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service reviewed the vegetation and wildlife elements. Tqe Department of State, Division of Historical Resources, reviewed the Historical and Archaeological element of the ADA. The Council staff assessment is divided into regional and local issues. The regional issues are those that affect more than one county. Recommendations made by the staff regarding these issues are formal conditions to be included by the local government in any Development Order that is issued. In contrast, the local issues are those that affect only a particular county. Accordingly, the Council staffs local objective is to highlight the crucial local issues and suggest remedial actions to be incorporated into a Development Order. should the local government decide to approve the project. The findings of this evaluation and the Southwest Florida Regional Planning Council's recommendations are intended to assist Collier County in reaching its decision regarding the proposed development. The recommendations are not intended to foreclose or abridge the legal responsibility, of local government to act pursuant to applicable local laws and ordinances. Copies of any "Development Order" (an order granting, denying, or granting with conditions an Application for Development permit) issued with regard to the proposed development shall be transmitted to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs. DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR RONTO LIVINGSTON DRI 7-9899-149 "' DECEMBER 1999 Southwest Florida Regional Planning Council 4980 Bayline Drive, N. Fort Myers, Florida SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL MEMBERSHIP CHAIRMAN .......... Mr. John C. Urban, Jr. VICE CHAIRMAN .......... Commissioner Adam Cummings SECRETARY .......... Ms. Nancy Shore TREASURER .......... Commissioner John Manning CHARLOTTE COUNTY COLLIER COUNTY Commissioner Mac Horton Commissioner Adam Cummings Councilwoman Marilyn Smith (vacant) (vacant) Commissioner Timothy J. Constantine Commissioner John C. Norris Councilman John Nocera Mr. Richard L. Klaas Mr. Robert L. Duane GLADESCOUNTY HENDRY COUNTY Commissioner Kenneth S. Jones Commissioner Robert Giesler Councilman Stephen Iaylor Ms. Nancy Shore Commissioner Ann Fussell Commissioner Charles M. Martinez Commissioner M. Franldyn Jones Mr. Henry L. Bennett LEECOUNTY SARASOTA COUNTY Commissioner John Manning Commissioner Johi1 Albion Councilman Larry Murphy Councilwomen Nola Theiss Councilman Mike Flanders Mayor Ray Murphy Rev. Israel Suarez Mr. Carl B. Snipes Commissioner Richard Anderson Commissioner Nora Patterson Commissioner Rue Berryman Vice Mayor Virginia Warren Mr. John C. Urban, Jr. (vacant) EX-OFFICIO MEMBERS Mr. Chip Merriam, SFWMD Mr. Norm Feder, FDOT Ms. Janet Watermeier, Lee County Economic Development Ms. Margaret Highsmith, FDEP Mr. Steve Minnis, SWFWMD SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL STAFF WAYNE E. DALTRY .......... EXECUTIVE DIRECTOR DAVID Y. BURR .......... PLANNING DIRECTOR DAVID E. BRUNER ........ LEGAL COUNSEL' Glen H. Ahlert Patti Armbruster Rick Carpenter Dorothy Cook Nancy D'Alessandro John L. Gibbons Susan Gill Nichole Gwinnett Glenn E. Heath Ken Heatherington Deborah A. Holly Tiffany Lutterman Xiaodan "Dawn" Qiu Brian Raimondo Jock Robertson Deanne Robison Danielle Rosenthal Julia B. Savage Jennifer Stein Daniel L. Trescott Melissa Upton Timothy Walker PRIMARY STAFF FOR RONTO LIVINGSTON DRI REVIEW Coordinator - Glenn E. Heath Energy, Stormwater Management, Wastewater Management/Water Supply, Consistency with the Local Comprehensive Plan, Consistency with the Regional Policy Plan - Glenn.E. Heath Education, Police and Fire Protection. Solid/Hazardous/Medical Waste - John L. Gibbons Transportation - Kenneth C. Heatherin~on i.. TABLE OF CONTENTS Introduction ........................................................ i Applicant Information and Development Surnma~ ................................. ii Location Maps ..................................................... iii Existing Land Use ................................................... iv Master Development Plan .................................................. v Regional Recommendations ............................................ 1 Local Recommendations .............................................. 15 Appendices: Analysis of Regional and Local Issues ............................... 18 Appendix I: Regional Issues Analysis A. Energy ............................................................................................................ I-A-1 B. Stormwater Management ............................................ I-B-1 C. Transportation ...................................................... I-C-1 D. Wastewater Management/Water Suppiy. ..................................... I-D-1 E. Consistency with Local Comprehensive Plan .............................................................. I-E-1 F. Consistency with Regional Policy Plan ................................... I-F-I G. Consistency with the State Land Deveiopment Plan ........................... I-G-1 Appendix II: Local Issues A. Education ................................................. II-A- 1 B. Police and Fire Protection ....................................... II-B-1 C. Solid/Hazardous/Medical Waste ......................................... II-C-1 Appendix III: Draft Development Order .................................... IIIol Appendix IV: Substantial Deviation Momtoring Form ........................... IV-1 Appendix V: South Florida Water Management District Comments ................... V-1 Appendix VI: Florida Department of Transportation Comments ..................... VI-1 APPLICANT INFORMATION AND DEVELOPMENT SUMMARY APPLICANT INFORMATION Project Name Applicant Date on which DRI/ADA was officially accepted Date on which DRI/ADA was found insufficient County DRI Hearing Date Date County Notified SWFRPC of Public Hearing Type of Development Location of Development DRI Threshold Development Summary Residential Total Acres Estimated Average Potable Water Demand Including Wastewater (million gallons per day) Estimated Average Non-potable Water Demand (million gallons per day) Project Construction Period Ronto Livingston DRI Ronto Livingston, Incorporated Mark S. Taylor, Company Rep. 3185 Horseshoe Drive, South Naples, Florida 34145 (941) 649-6310 July 12, 1999 October 25, 1999 January 25, 2000 November 24, 1999 Residential/Golf Course Collier County 1,000 units, 400,000 sq.ft, of retail and 300,000 sq.fl, of office 1,380 residential umts (344 Single Family, 1,036 Multi-Family) 463 acres 0.37 mgd 1.12 mgd 7 years -ii- SITE 6 GENERAL LOCATION MAP RONTO LIVINGSTON -iii- MONRO RONTO LIVINGSTON LOCATION MAP PRO~CT LOCATION: SECTIN ? · 12. TOWN~,HIP ~.~ RAN(IS 25 · 2SE RONTO LIVINGSTON. INC. PROJ~.~ DA~ ~ ~270 COLLEGE PA*'~Y SUITE 205 FT FL 339~9 LIVINGSTON ROAD EXTENSION F_ASEMENT ~ RONTO UVINGSTON MASTER PLAN RONTO LIVINGSTON, INC. --V-- REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL AS AMENDED BY THE SUFFICIENCY REPORT DATED SEPTEMBER 3, 1999 BE .APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. ENERGY (Refer to Appendix I, Section A) The proposed project will be elec~cally powered and will increase the energy demands of the Region. The applicant has committed in the ADA to a variety of conservation measures to help reduce the energy impact of the project. RECOMMENDATION Any DRI Development Order issued by Collier County shall contain a provision that the applicant's commitments for energy conservation are adopted as conditions of approval for this project. 2. STORMWATER MANAGEMENT (Refer to Appendix I, Section B) Historically, the property has been impacted by major hydrologic changes, which have altered onsite water regimes. Such changes include the construction of Interstate 75 to the east, Bonita Beach Road to the north, along with surrounding residential and agricultural development. These factors have contributed to significant invasion of onsite wetlands by exotic vegetation (particularly Melaleuca). In the area adjacent to 1-75, the onsite wetlands appear to exhibit an artificial hydrology influenced by the interstate drainage system. The agricultural areas on the Ronto Livingston DRI property are covered by an existing surface water management permit. This permit allows the agricultural areas to discharge to either the east or west, depending on their location within the property. Those portions of the property adjacent to 1-75 drain into the highway drainage system. This system discharges to the Cocohatchee Canal, south of the DRI. The western portion of the agricultural areas drains to the southwest, via sheetflow into offsite wetlands. Water from the wetlands sheefflows south into the Palm River Estates Subdivision and eventually to the Cocohatchee River. Flows within the northwestern corner of the Ronto Livingston property sheetflow west into an adjacent development. This development also discharges to the Cocohatchee Canal. Due to the topography and permitted discharges of the properties surrounding Ronto Livingston, the project will not need to handle flows coming from offsite. The applicant is proposing to convert the existing agricultural water management system into a state-of-the- an residential stormwater treatment system. The proposed system will route stormwater through onsite lakes and wetlands, which will serve as detention/retention areas. The various detention/retention areas will be interconnected through a system of shallow, grassed swales, wetland and upland preserves, and equalizer pipes. The South Florida Water Management District has reviewed the proposed surface water management system, as well as other aspects of the development proposal. District staff comments and recommendations are found in Appendix V. The District is requiring the applicant to: (1) revise stormwater routings in order to incorporate the affects of onsite natural features; (2) demonstrate that the 1-75 drainage swale is adequately sized to handle runoff from Ronto kivingston in addition to highway runoff; (3) receive approval from the Florida Department of Transportation (FDOT) for discharges to the 1-75 drainage system; and (4) provide a list of best management practices (BMPs) for containment of potential hazardous spills within the golf course, or in other onsite chemical storage facilities. These recommendations, as well as standard Regional staff D.O. Conditions are included in the following remedial actions: RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: The Ronto Livingston Development shall require a South Florida Water Management District Environmental Resource Permit, for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. bo The Ronto Livingston Development shall require a South Florida Water Management District Water Use Permit, for the proposed surface and/or groundwater withdrawals for landscape irrigation, and for certain dewatering activities proposed for the construction of project lakes and/or road or building foundations. Co The applicant shall be required to seek approval fi.om the Florida Department of Transportation (FDOT) for Control Structure #2 (the discharge point for Basin 2 of the Stormwater Management System), prior to discharge into the 1-75 drainage swale. As part of the Environmental Resource Permit (ERP) review process, the applicant will be required to submit revised stormwater routings that incorporate onsite natural features into the master stormwater management system. As part of the Environmental Resource Permit (ERP) review process, the applicant will have to provide verification that the 1-75 s~vale has adequate capacity to convey runoff from the Ronto Livingston Development in addition to runoff fi.om 1-75. If the swale is found not to possess adequate capaciw, the applicant shall be required to cooperate with the District and FDOT in redesi~m'dng the swale to provide the needed capacity. As part of the Environmental Resource Permit (ERP) review process, the applicant shall be required to submit a list of best management practices, to be utilized within the stormwater management system, for the containment of potential hazardous material spills within the golf course and/or onsite chemical storage facilities. During construction activities, the applicant shall employ best management practices for erosion and sedimentation control. These practices shall be included with, or presented on, all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the applicant or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of construction. The final stormwater management plan shall consider, as applicable, measures to reduce nmoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales shall be used, whenever possible, rather than closed systems. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with District and Collier County requirements and shall be planted in native emergent or submergent aqu_ahc vegetation. The applicant shall ensure, by supplemental replanting if necessary, that at least 80% cover by native aquatic vegetation is established within the littoral zone for the duration of the project. 3 The applicant shall conduct annual inspections of the Ronto Livingston Master Stonmvater Management System and the preserved/enhanced wetland areas on the pro)ect site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. The applicant shall confn-m, to the satisfaction of all applicable federal, state, and local review agencies, and the South Florida Water Management District, that the proposed stormwater management system will not adversely impact habitats of any state or federally listed plant and/or animal species potentially occurring onsite, or that such impacts shall be mitigated to the benefit of onsite populations of those species. Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality, treatment prior to discharge. Treatment swales shall be planted with grass or other appropriate vegetation. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdraln systems, shall be cleaned from the detention/retention areas on a iegular basis. Any erosion to banks shall be replaced immediately. Underdrain systems and grease baffles, if utilized within the Ronto Livingston DRI. shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. Stormwater management system maintenance requirements shall include removal of any mosquito-productive nuisance plant species (e.g., water lettuce, water hyacinth, cattails and primrose willows) bom all system nodes, reaches, and percolation basins, as well as from the lake littoral zones employed in the system. qo To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth that provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 14 (Water), Question 15 (Soils), Question 16 (Floodplains), and Question 19 (Stormwater Management), and not in conflict with the above recommendations, shall be incorporated in the Collier County Development Order as conditions for approval. 3. TRANSPORTATION (Refer to Appendix I, Section C) It is understood that. as with any large-scale project, Ronto Livingston development activities will have an impact on traffic in Collier County and Lee County. Traffic generated by Ronto Livingston, when combined with other growth in the area, is anticipated to necessitate currently uncommitted improvements to the roadway network. While there is only one significantly and adversely impacted roadway segment, improvements were found to be necessary at four significantly impacted intersections: Bonita Beach Road at Old 41, Bonita Beach Road at Imperial Street, Immokalee Road at Livingston Road, and Immokalee Road at Airport Road. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: The applicant or his successor or assigns shall be fully responsible for site related roadway and intersection improvements required within the Ronto Livingston DRI, including those along Livingston Road North/South and Livingston Road East/West, bordered by and providing access to the DRI project. bo Adequate commitments to provide the necessary improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project buildout in 2007: Bonita Beach Road ~ Old 41 Bonita Beach Road ~ Imperial Street Immokalee Road ~ Livingston Road Immokalee Road @ Airport Road. Livingston Road N/S @ Project Entrance Livingston Road E/W ~ Project Entrance Improvements to the facilities outlined in recommendations b above shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County Comprehensive Plan. No building permits for Phase 2 of this project shall be issued unless the improvements are: a) do complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3423, F.S. incorporated into the D.O. ensuring completion concurrent with impacts; d) the subject of a binding commitment from Collier County ensuring completion concurrent with impacts incorporated into the D.O.; e) the subject of a binding commitment bv the County, in the current three years of the Capital Improvements Element; or f') the subject of a binding and enforceable commitment by the developer to provide the improvement concurrent with impacts. Any combination of the above is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. As an alternative to this requirement, the applicant may pay a proportionate share contribution, calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., to Collier County. for the improvement(s). Collier County shall indicate in the D.O. that the fair share payment shall only be applied to the construction of one or more of the significantly impacted improvements under their jurisdiction listed in the Appendix, or some reasonable altemative which, if constructed, will reduce traffic impact. DRI developers in the County are expected to pay a proportionate share of the costs of project impact. (A portion or all of the proportionate share may be provided through impact fees.) No building permits for Phase 2 shall be issued unless the impact share payment and the County' s commitment to use the payment for the construction of a needed improvement is incorporated into the D.O. Any delay in payment or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change. To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the development order for the Ronto Livingston DRI. Successive reports shall be submitted annually thereafter until buildout of the project. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the development order. In addition, the report shall contain p.m. peak hour trip generation es%mates and taming movements at each of the project' s access points, the off-site intersections listed in b above. The report shall also provide a calculation of the existing level of service on the facilities listed in b above. Finally, an estimate of the level of development expected to be added by the project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed in the DRI DO and address any deviations from the identified schedule. 6 eo Based upon the transportation assessment of significant project impacts, improvement to the fot!o~ring transportation facilities shall be needed prior to, or coincident with development of the Ronto Livingston DRI, if adopted levels of service conditions are to be maintained: Bonita Beach Road from Old 41 to Imperial Street The applicant shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County. The applicant shall encourage joint or unified access with neighboring nonproject development. The applicant shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design, consistent with Collier County transit plans. Collier County and the applicant may consider development order options to the extent that the options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whatever options are exercised, however, shall be done with the understanding that the following conditions shall be met: If annual monitohng reports lead to the conclusion that one or more regional roadways and intersections are operating at worse than the adopted level of service and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall no~ be granted until the standards of the County's concurrency management system have been met. The development order shall identify how the DRI will be treated in relation to the concurrency management system. ii. The transportation impact to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of proportionate share and/or pipelining of the regional road improvements shall be in accordance with Section 163.3220, F.S., which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to insure concurrency on all significantly impacted regional roads. 7 4. '~TGETATION AND WILDLIFE/WETLANDS (Refer to Appendix I, Section D) Based on the vegetation analysis presented within the Application for Development Approval (ADA), approximately 84.13 acres or 18.18% of the Ronto Livingston Site consists of wetlands. These wetlands consist of both forested (pine, cypress, pine-cypress mix or ~411ow) and wet prairie systems. All forested systems have been impacted to some degree by Melaleuca or other exotics, and some systems are dominated by exotics. The remaining portions of the site (378.59 acres) consist of various types of upland systems, agricultural ro~' crop areas, irrigation ditches, disturbed ground, or an electrical line corridor. The applicant is proposing to preserve and enhance five wetland areas (totaling 35.35 acres) comprising approximately 42% of the onsite wetlands. Also preserved and enhanced will be 9.61 acres of uplands located adjacent to the wetland areas. Total onsite preset'ed/enhanced area is projected to be 44.96 acres. Two plant species listed by the Florida Department of Agriculture and Consumer Services (FDA) were found on the project site. Dahoon Holly, or Cassine (Ilex cassine), is listed as Commercially Exploited. Also identified was Wild Pine (Tillandsia species), which name indicates any one of a number of protected species of air plants whose status ranges from Commercially Exploited to Threatened. Although the applicant has not indicated how these species would be protected, both plants typically grow within native wetland areas, and are likely represented in the proposed preserves. The Florida Fish and Wildlife Conservation Commission indicated, during the sufficiency review for Ronto Livingston DRI, that the project had the potential to impact Florida panther (Endangered), Florida black bear (Threatened), Big Cypress fox squirrel (Threatened), Wood Stork (Endangered), red-cockaded woodpecker (Endangered), little blue heron (Species of Special Concern), snowy egret (Species of Special Concern), tricolored heron (Species of Special Concern), white ibis (Species of Special Concern), gopher tortoise (Species of Special Concern), and American alligator (Threatened). However, the wildlife survey conducted by the applicant's consultants identified only little blue herons, white ibis and gopher tortoises as occurring in the vicinity of the project site. The herons and ibis were observed flying over the property,, and a gopher tortoise burrow was observed on offsite land to the north. The U.S. Fish and Wildlife Service requested that the applicant perform a red-cockaded woodpecker survey on the Ronto Livingston property. The applicant's consultants performed the survey and no red-cockaded woodpeckers were found on the site. The Service also advised the applicant that, given the presence of gopher tortoises in the project area, the applicant should follow the Standard Protection Measures for the Eastern indigo snake, which sometimes inhabits gopher tortoise burrows. During sufficiency review, the South Florida Water Management District required the applicant to make a number of changes to the overall layout of preserve areas and stormwater management lakes. The purpose of these changes was to improve the wildlife habitat value of the Ronto Livingston Development. District staff is still of the opinion that a number of mitigation issues need to be resolved during the Environmental Resource Permit (ERP) review process. Development Order recommendations based on the District staff review are included below. Also included below is the recommendation from the U.S. Fish and Wildlife Service concerning the Standard Protection Measures for the Eastern indigo snake. Regional staff is also recommending that the applicant's commitments regarding wetlands and vegetation and wildlife be included in the Collier County Development Order. RECOMMENDATIONS )~ny DRI Development Order issued by Collier County shall contain the following provisions: ao A number of issues remain to be resolved within the South Florida Water Management District Environmental Resource Permit (ERP) review process. The issues remaining to be resolved are as follows: Based on the information provided within the application for Development Approval (ADA), the actual wetland impact acreage to be mitigated, and thus the net gain or loss of wetland habitat, cannot be determined. The ERP review will include a more detailed analysis of the mitigation proposal. The ERP review process will include a comprehensive evaluation of the quality of onsite wetlands with regard to hydroperiod, exotic infestation, and other factors. The applicant proposes to resolve the specific details of the mitigation, monitoring and maintenance plans during the ERP review process. At this time, there are numerous um'esolved issues concerning the site plan, wetland hydroperiod enhancement, and overall mitigation design. The applicant will need to demonstrate that the proposed management scheme provides reasonable assurances that wetland functions will be protected and that secondary impacts to preserved wetlands will not occur. At such time as a detailed wetland mitigation plan, resolving the above-referenced issues, is approved as part of the South Florida Water Management District Environmental Resource Permit, the mitigation plan shall be incorporated into the Collier County Development Order by reference. The Ronto Livingston DRI property may be suitable habitat for the F, 9 xle. rally Endangered Eastern indigo snake (Drymarchon corals couperi). Eastern indigo snakes are frequently associated with high, dry, well-drained soils and have been documented inhabiting inactive gopher tortoise burrows. The applicant shall follow the United States Fish and Wildlife Service's Standard Protection Measures for the Eastern indigo snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan must be approved by the U.S. Fish and Wildlife Service and shall include: (1) a protection/education plan, (2) a listing of environmental persormel charged with overseeing/coordinating protection measures, and (3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only an individual who has been previously qualified under a U.S. Fish and Wildlife Service ESA section 10(a)(l)(A) permit, or who has been appropriately authorized by the Florida Fish and Wildlife Conservation Commission, shall be permitted to come into contact with or relocate an Eastern Indigo Snake. A minimum of 44.96 acres of wetland and upland preserve/enhancement area shall remain under conservation easement post-development. do Native landscaping shall be used to the greatest practical extent. In addition, the Ronto Livingston DRI will meet the Collier County Land Development Code 2.4.4.1 criteria which requires 75% of the required trees and 50% of the required shrubs to be native plants. eo Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take and/or Relocation Permit process. All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation & Wildlife) and Question 13 (Wetlands), and not in conflict with the above recommendations, shall be incorporated into the Collier County Development Order as conditions for approval. WASTEWATER MANAGEMENT/WATER SUPPLY (Refer to Appendix I, Section E) The Ronto Livingston Development of Regional Impact is expected to be provided with potable water service by Collier County Utilities. County Utilities has indicated, and the South Florida Water Management District has confirmed, that adequate treatment capacity for the development is currently available. Service will be provided through mains which are to be extended along Livingston Road by the County and a neighboring developer. The projected potable water demand, at buildout, for Winding Cypress will be 370,000 gallons per day, or 0.37 MGD. 10 The Ronto Livingston DRI's non-potable water demand is planned to be met through the use of water fi.om the onsite lake system, recharged by wells tapping into the surficial aquifer. Collier County Utilities does not yet have a reuse system available in the project area. The only use discussed by the applicant for non-potable water is irrigation. The projected irrigation demand for the project, at buildout, is approximately 1,120,000 gallons per day, or 1.12 MGD. Wastewater treatment for the project is also expected to be supplied by Collier County Utilities. County Utilities has indicated that it currently has adequate capacity to service the DR[, should no other demands cause the wastewater plant serving the site to exceed its design capacity. At buildout, the projected wastewater generation for Winding Cypress will reach 370,000 gallons per day, or 0.37 MGD. The applicant based wastewater generation estimates upon the same rates as used in determining the potable water usage estimates. The South Florida Water Management District is recommending that the applicant be required to utilize ultra-low volume plumbing fixtures and water conservation practioes consistent with criteria contained in the SFWMD Water Use Permit for Collier County Utilities. Regional staff is recommending that the development be required to utilize reused wastewater, at such time as it becomes available. The following recommendations are based upon the District report, and standard regional staff development order conditions. RECOMMENDATIONS Any DR[ Development Order issued by Collier County shall contain the following provisiohs: The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require permits for irrigation well construction and for dewatering activities associated with the construction of lakes, roads and building foundations. The project shall utilize ultra-low volume water use plumbing fixtures, self- closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to Collier County Utilities by the South Florida Water Management District. Co The project shall obtain potable water, wastewater treatment and, eventually non-potable water, from Collier County Utilities, if Collier County Utilities determines that it has sufficient capacity to serve the project. If Collier County Utilities det~mines that it does not have sufficient capacity to serve the project, the applicant shall either construct interim potable water, wastewater treatment and/or non-potable water facilities, or shall postpone '- do jo development until such time as Collier County Utilities' service capacity is available to the project. Any interim facilities constructed by the applicant shall be constructed to Collier County Utilities Standards, and shall be dismantled, at the applicant's expense, upon connection to the Collier County Utilities facilities. Whether potable water, wastewater treatment and/or non- potable water facilities are provided onsite or offsite, the applicant shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. The irrigation system for the Ronto Livingston DRI shall be constructed in such manner as to enable the system to accept reused wastewater at such time as a reuse source is available to the Development. At such time as the DRI prepares to convert from a lake/groundwater irrigation system to one which utilizes treated effluent for irrigation, the applicant shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater management system are adequately buffered from possible effluent contamination. Temporary septic systems may be utilized in conjunction with construction and sales offices and model homes. Septic systems shall not be allowed onsite, other than for construction and sales offices and model homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm at the time when permanent or interim wastewater treatment facilities come online. All construction plans, technical specifications, and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by Collier County Utilities prior to commencement of construction. All potable water facilities, including any possible onsite potable water treatment plant, shall be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the North Naples Fire Control and Rescue District. The lowest quality, of water available and acceptable shall be utilized for all non-potable water uses. Potable water shall not be utilized for non-potable uses. All commitments made by the applicant, within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 14 (Water), Question 17 (Water Su~pty),oand e Question 18 (Wastewater Management), and not in conflict with the above recommendations shall be incorporated as conditions of approval within the Collier County Development Order for the Ronto Livingston DRI. CONSISTENCY WITH THE LOCAL COMPREI-IENSIVE PLAN (Refer to Appendix I, Section F) An assessment of the DRI's land uses indicates that the proposal is consistent with the Future Land Use Element of the Collier County Comprehensive Plan and the Land Development Regulations. The project is located within the Urban -- Mixed Use District, Urban Residential Subdistrict. RECOMMENDATION Any DRI Development Order issued by Collier County shall contain the following provision: Prior to any development order being issued, Collier County shall determine if the project is consistent with the Comprehensive Plan and whether the project's phasing is consistent with the County's Concurrency Management Plan. 7. GENERAL CONSIDERATIONS In the "Ronto Livingston ADA," numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. Additionally, the ADA provided a phasing schedule that provided the timing basis for this review. If this phasing schedule is significantly altered by the applicant, then many of the basic assumptions of this approval recommendation could be substantially changed, potentially raising additional regional issues and/or impacts. RECOMbIENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: ao All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict w~th specific conditions for project approval outlined above are officially adopted as conditions for approval. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Florida Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), F_[P.l~lgui~tBll~. 13 The development phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by the local government in determining additional substantial regional impacts. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances, impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. 14 SIAFF RECO I IENDAIIONS SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS LOCAL IT IS TIlE RECOMMENDATION OF THE SOUT~ST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL AS AMENDED BY THE SUFFICIENCY REPORT DATED SEPTEMBER 3, 1999 BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. EDUCATION (Refer to Appendix H, Section A) The Ronto Livingston Development of Regional Impact could generate a total of 211 elementary, middle school, and high school students, by its projected completion in the year 2007. The applicant has not proposed school sites or facilities donation to the Collie~ !~ .~ School Board. If revenue shortfalls occur, due to the project's impacts, the app~~ ~''~ Collier County Public Schools could negotiate to determine the manner in whi~ shortfalls should be addressed. ,~,. :~:.. RECOMMENDATIONS Any DRI Development Order issued by Collier County should include the following a. The applicant should contact the Collier County Public School District to facilities or sites that will be needed or dedicated. b. Any financial impacts beyond normal school financial impacts, which by the Ronto Livingston D~elopme.~,,n~~,_,~,~~, ~0~t. POLICE AND FIRE PROTECTION fRefer to Ai~endtx H. Seetion B~ Collier County Sheriffs DeparUnent will provide law {mforcement to the Naples Fire Control and Rescue District will provide fire protection reslmns~ to tl~~ Livingston Developmem. RECOMMENDATIONS Any DRI Development Order issued by Collier County sho~ ~hgl. e the foUowing . ,,,,,~, .;~ .._~.~ ~ ...~ -:, ~, · , ..~ . ,~~,~, a. To assure the project does not dilute the deltve~ of service fi~m adjacent~ substations, the applicant should meet with the Sheriffs Department to establish programs and incorporate crime prevention measures during each phase of the site do development process. Fire protection shall be provided according to existing standards or f'u'e flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. Facilities qualifying under the Superfund Amendments Re. authorization Act (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in accordance with sections 302, 303, 304, 311, 312, or 313. Applications shall be updated annually by each reporting facility. The future development will pay ad valorem taxes that will adequately address the needs of the Police Department. Fire services will be addressed by impacts fees and assessments. Ce SOLID/HAZARDOUS/MEDICAL WASTE .(Refer to Appendix H. Section C) The proposed project will increase the solid waste demands in the region. The Collier County Solid Waste Management Department has indicated that the County's solid waste serviee.s will be adequate to provide collection and disposal for the proposed Development of Regional Impact project. RECOMMENDATIONS Any DRI Development Order issued by Collier County should include the following provisions: The project shall be bound by all applicable recycling requirements in effect in Collier County at the time of the development. . Any buildings where hazardous materials or wastes arc to be used, displigtcd, handled, generated or stored should be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities that arc adequate to contain and safely facilitate cleanups of any spill, leakage,, contaminated water. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by pemfit issued by the Florida Department of Environmental Protection. do The applicant is willing to explore the possibility of mulching trees and bruah for the purpose of retaining mulch to meet the on-site needs. 16 eo All hazardous waste materials will be disposed of in the manner specified by local or State regulations or by the manufacturer. Site personnel will be instructed in these practices and the Project Superintendent will be responsible for seeing that these practices are followed. The developer will minimize the use of irrigation, fertilizing and pesticides whenever practical to reduce the need and use of hazardous chemicals at ~e site. Fertilizers used at the site will be applied only in minimum mounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in an approved facility on-site or off-site at the discretion of the site superintendent. All containers will be tightly sealed and stored when not required for use. RESOLUTION NO. 00- DEVELOPMENT ORDER 00- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR RONTO LIVINGSTON DRI LOCATED IN SECTIONS 7 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 AND 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Ronto Livingston, Incorporated (herein "Ronto") filed on July 12, 1999, with the County of Collier an Application for Development Approval of a Development of Regional Impact known as Ronto Livingston DRI in accordance with Subsection 380.06(6), Florida Statutes; and WHEREAS, Ronto has obtained all necessary approvals from Collier County Agencies, Departments and Boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval (ADA) for developments of regional impact; and WHEREAS, the public notice requirements of Chapter 380 in the Collier County zoning ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on January 25, 2000; and WHEREAS, the Board of County Commissioners has passed Ordinance 00- on __ ,2000, which rezoned the property to PUD; and WHEREAS, the issuance of Development Order pursuant to Chapter 380.06, Flodda Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State; and WHEREAS, on ,2000, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered the application for development of regional impact submitted by Ronto; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission; through report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the record made at said hearing, the Board of County Commissioners of Collier County makes the following findings of fact and conclusions of law: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit "A". 2. 3. The application is consistent with Subsection 380.06(6), Florida Statutes, (1997). The Developer submitted to the County an ADA and sufficient responses, hereby referred to as composite Exhibit "B", which by reference hereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this order. 4. The Developer proposes the development of Ronto Livingston DRI consisting of 463 acres, which includes: 1,380 residential units which will include a maximum of 344 single family units and 1,036 multi-family units; and recreational uses including a golf course. 5. Development is consistent with the report and recommendations of the SVVFRPC submitted pursuant to Sub-section 380.06(12), Florida Statutes. 6. The development will not interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and the SWFRPC. 8. The development is not in an area designated an as Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the 25th day of January, 2000, that the Ronto Livingston Community Application for Development Approval submitted by Ronto is hereby ordered approved, subject to the following conditions: 1. ENERGY The Ronto Livingston Community Development Regional Impact will incorporate the following energy conservation features. A. Provision of a bicycle/pedestrian system connecting land uses to be placed along one side of the collector road within the project. This system is to be consistent with Collier County requirements. B. Provision of bicycle racks or storage facilities in recreational, commercial and multi-family residential areas. Cooperation in the locating of bus stops, shelters, and other passenger system accommodations for a transit system to serve the project area. D. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts. E. Reduction of coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. F.Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. Selection of native plants, trees and other vegetation and landsc~ design features that reduce requirements for water, fertilizer, maintenance and other needs. H. Planting of native shade trees to provide reasonable shade for recreation areas, streets and parking areas. I. Placement of trees to provide needed shade in the warmer months while not ovedy reducing the benefits of sunlight in the cooler months. Use of energy efficient building features. Orientation of structures, as possible, to reduce solar heat gained by wells and to utilize the natural cooling effects of the wind. L. Provision for structural shading wherever practical when natural shading cannot be used effectively. M. Consideration of any project-established architectural review committee(s) of energy conservation methods (both those noted above and others) to assist builders and residents in their efforts to achieve greater energy efficiency in the development. STORM WATER MANAGEMENT The Ronto Livingston Development will obtain a South Florida Water Management District Environmental Resource Permit, for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Ronto Livingston Development will obtain a South Florida Water Management District Water Use Permit, for the proposed surface and/or groundwater withdrawals for landscape irrigation, and for certain dewatering activities proposed for the construction of project lakes a~Q~lor _ road or building foundations. Jo Co Do Eo The developer will obtain approval from the Florida Department of Transportation (FDOT) prior to discharging from the surface water management system into the 1-75 drainage swale. As part of the ERP review process, the Developer will be required to submit revised stormwater routings that incorporate onsite natural features into the master stormwater management system. As part of the ERP review process, the Developer will have to provide verification that the 1-75 swale has adequate capacity to convey runoff from the Ronto Livingston Development in addition to runoff from 1-75. If the swale is found not to possess adequate capacity, the Developer will be required to cooperate with the District and FDOT in redesigning the swale to provide the needed capacity. As part of the ERP review process, the Developer will be required to incorporate of best management practices to be utilized within the stormwater management system, for the containment of potential hazardous material spills within the golf course and/or onsite chemical storage facilities. During construction activities, the Developer will use best management practices for erosion and sedimentation control. These practices will be included with, or presented on, all construction plans, and will be subject to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, will be removed upon completion of stabilization. Either the developer or the entities responsible for the specific construction activities requiring these measures will assume responsibility for having them removed upon completion of stabilization. The final stormwater management plan will consider, as applicable, measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales will be used, whenever possible, rather than closed systems. Any shoreline banks created along the onsite stormwater management system will include littoral zones constructed on slopes consistent with District and Collier County requirements and will be planted in native emergent and submergent aquatic vegetation. The developer will ensure, by supplemental replanting if necessary, that at least 80% cover by native aquatic vegetation is established within the littoral zone for the duration of the project. The developer will conduct annual inspections of the Ronto Livingston Master Stormwater Management System and the preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. The developer will confirm, to the satisfaction of all applicable, federal, state and local review agencies, and the South Florida Water Management District that the proposed stormwater management system will not adversely impact habitats of any state or federally listed plant and/or animal species potentially occurring onsite, or that such impacts will be mitigated to the benefit of onsite populations of those species. Ditch and swale slopes will be reviewed and approved by SFWMD, and will be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. "~""~ ~ ........ .... No Oo Ro Treatment swales will be planted with grass or other appropriate vegetation. The grassed stormwater treatment areas will be mowed on a regular basis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, will be cleaned from the detention/retentions areas on a regular basis. Any erosion to banks will be replaced immediately. Underdrain systems and grease baffles, if utilized within the Ronto Livingston DRI, will be inspected and cleaned and/or repaired on a regular basis. In no instance will the period between such inspections exceed eighteen months. Stormwater management system maintenance requirements will include removal of any mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches, and percolation basins, as well as from the lake littoral zones employed in the system. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones will be excavated to a depth that provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. All commitments made by the developer within the ADA and sufficiency information related to the general project description, water, soils, floodplains, and stormwater management and-not in conflict with the above recommendations or the requirements of local, state, and federal permits authorizing the development. ~.._./.~ TRANSPORTATION A. The Developer, its successors or assigns will be fully responsible for site- related roadway and intersection improvements required within the project. The Developer will be required to pay its proportionate share of the cost of any intersection improvements (including but not limited to signalization and turn lanes) found necessary by Collier County for the project's access intersections onto Livingston Road (both North-South and East-West). To the best ability of the Developer, the site access points will be located and developed consistent with Collier County's Access Management standards and permit requirements, unless otherwise approved by Collier County. B. The following roadways and intersections are projected to be significantly impacted by the Ronto Livingston development (5% of LOS D, peak season peak hour) and are forecasted to fall below the adopted level of service standards prior to project build-out. (I) ROADWAYS 1. Bonita Beach Road from Old 41 to Imperial Street (ii). INTERSECTIONS 1. Bonita Beach Road/Old 41 2. Bonita Beach Road/Imperial Street 3. Livingston Road (North-South)/Ronto Livingston Entrance 4. Livingston Road (East-West)/Ronto Livingston Entrance (iii). In addition to the above listed road segments and intersections, the Ronto Livingston development may have a significant impact on the following road segments and intersections pdor to project buildout: 1. Livingston Road from Immokalee Road to Bonita B ,~acl~;.~. ~_..~'_ ~ Road 2. Livingston Road (North-South)/Immokalee Road 3. Airport Road/Immokalee Road C. Based on the transportation assessment of significant project impacts, construction of the following transportation improvements or acceptable substitutes or alternatives will be needed coincident with development of the Ronto Livingston development DRI if adopted level of service conditions are to be maintained through buildout (2007) on significantly impacted regional road segments and intersections. Buildout (2007) Bonita Beach Road from Old 41 to Imperial Street Bonita Beach Road / Old 41 Bonita Beach Road / Imperial Street Immokalee Road / Livingston Road Livingston Road (N-S)/Development Entrance Total of 3 through lanes in each direction Total of 2 westbound right turn lanes Signal Retiming Total of 3 through lanes in each direction 1 northbound left turn lane I northbound thru lane 1 northbound right turn lane Signal retiming 1 southbound left turn lane 1 southbound thru lane 1 southbound right turn lane Signal retiming Add North-South turn lanes Do The Developer will mitigate its impacts on the regional and local roadway and intersections identified herein as follows: (I). The Developer will make the site related improvements specified in A. hereof. The Developer will pay its proportionate share of intersectio~ improvements at its access points to public roadways sp ~cifie~l':i~/--z~"_-/Jr- (iii). The Developer will be subject to all lawfully adopted transportation impact fees. (iv). The Developer will be subject to the Concurrency Management System of the County as set forth herein. The County roadway segments and intersections on which this project has significant impacts are within the jurisdiction of Collier County for purposes of concurrency management. The County has considered regional roadway segments and regional roadway intersections set forth as follows: (I). Livingston Road from Immokalee Road to Bonita Beach Road (ii). Livingston Road/Immokalee Road intersection (iii). Livingston Road/Project Access intersections The County has determined the project is subject to and will comply with the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management System (CMS) of Collier County as adopted in its Growth Management Plan and implemented by the Land Development Code Section 3.15. ADEQUATE PUBLIC FACILITIES. After due consideration of the alternatives, the County has determined that to require compliance with concurrency as mandated by the CMS, in addition to the other mitigations required in this section, hereof, is the appropriate way to accommodate the impacts of this project and to assure that transportation facilities are provided concurrently with the transportation impacts of this project. The LDC Section 3.15.6.2 requires the Community Development and Environmental Services Division Administrator to complete an Annual Update and Inventory Report (AUIR) on or about December I of each year on roads and public facilities based on the adopted level of service. The Developer will provide within thirty (30) days of publication each year a copy of said AUIR ~n the regi_on~l ? facilities set forth in E to the Southwest Florida Regional Planning Council and tl Florida Department of Community Affairs (DCA). The Board of County Commissioners is required by the LDC Section 3.15 to establish Areas of Significant Influence (ASl) around any deficient or potentially deficient road segment (except where such potentially deficient road segment is projected not to exceed its adopted LOS within the first three years of the five~ year schedule of capital improvements in the CIE update and amendment proposed for transmittal on or about October 1, and the estimated annual residual capacity trips that would be allocated to those Developers for certificates of public facility adequacy within the ASI encompassing such potentially deficient road segment during the next year does not exceed the remaining trip capacity). The Developer will notify SWFRPC and DCA within five (5) working days after receipt of notice of a public hearing to determine the boundaries of any ASI on any facilities listed in Section E hereof. If any of the road segments identified in this paragraph E become deficient, the County will establish an Area of Significant Influence around such segment- pursuant to criteria set forth in LDC Section 3.15. In addition to the provisions of LDC Section 3.15, for purposes of this Development Order, the DRI will be deemed to have a significant impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of LOS D, peak hour-peak season, capacity of the roadway. Collier County and the Developer may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in paragraph E hereof, provided that said options meet the following cdteda: The transportation impacts to the roads and intersections outlined herein will be addressed consistent with Sections 163.3220-16:;.324,$~,:.~.~a~__Flofi a/~ Ko Statues which authorize local government development agreements or the Florida Administrative Code, {9J-2) Transportation Policy Rule. (ii). Any such option would be implemented only after a Notice of Change procedure. The Developer, it successors or assigns will submit an annual traffic monitoring report to the following entities: Collier County, Lee County, Florida Department of Transportation (FDOT, Florida Department of Community Affairs (FDCA), and the Southwest Florida Regional Planning Council (SVVFRPC). The first traffic monitoring report will be submitted one year after the date of the issuance of this DRI Development Order. Reports must be submitted annually thereafter until buildout of the proiect. The annual traffic monitoring report will contain the following information: (I). ^ summary of' construction and development activities to date, in the DRI threshold categories of development. (ii). PM peak hour trip generation estimates and turning movement counts at all site accesses and the intersections noted in B. and a comparison of the Project's measured trip generation to the Project's trip generation assumed in the DRI analysis. (iii). A summary of the status of road improvements assumed to be committed in the ADA, including the following. Roadway SecJment Bonita Beach Rd from Imperial St to 1-75 Livingston Rd from Bonita Beach Rd to Immokalee Rd Immokalee Rd from 1-75 to CR951 Immokalee Rd. from US 41 to Airport Rd. Airport Rd from Vanderbilt Beach Rd to Pine Ridge Rd US 41 from CR 887 to Immokalee Rd US 41 from Immokalee Rd to Myrtle Rd US 41 from Lee County to CR 887 Improvement Year Widen to 6 lanes FY 01/02' Construct 2 lanes FY 00/01 Widen to 4 lanes FY 99/00 Widen to 6 lanes FY 2001 Widen to 6 lanes FY 2001 Widen to 6 lanes FY 99/00 Widen to 6 lanes FY 99/00 Widen to 6 lanes FY 2003 *Note: This expansion timing may change due to the fact that Bonita Springs will become a City on January 1, 2000. The above traffic monitoring report, in combination with the Annual Update and Inventory Report (AUIR) referenced in Condition F above, represents the traffic monitoring requirements of the Ronto Livingston development. VEGETATION AND WILDLIFE A. The Developer will comply with the requirements for wetlands protection, mitigation, maintenance, and monitoring set forth in the South Florida Water Management District Environmental Resource Permit Basis of Review in order to obtain an Environmental Resource Permit. B. The Ronto Livingston DRI property may be suitable habitat for the Federally protected Eastern Indigo Snake (Drymarchon corals couperi). The Developer will follow the United States Fish and Wildlife Service's Standard Protection Measures for the Eastern indigo snake and will prepare an Eastern Indigo Snake Protection Plan. The Plan must be approved by the United States Fish and Wildlife Service and will include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measu[es, and (3) selection of a suitable relocation site prior to the initiation of clearing~er~_,,d"_,~._Zq__ construction activities. Only an individual who has been previously qualified under a United States Fish and Wildlife Service ESA section 10(a)(1)(A) permit, or who has been appropriately authorized by the Florida Fish and Wildlife Conservation Commission will be permitted to come into contact with or relocate an Eastem Indigo Snake. A minimum of 44.96 acres of wetland and upland preserve/enhancment area will remain under conservation easement post-development. Native landscaping will be used to the greatest practical extent, in addition, the Ronto Livingston DRI will meet the Collier County Land Development Code 2.4.4.1 criteria which requires that 75% of the required trees and 50% of the required shrubs to be native plants. Impacts to any gopher tortoise burrows will be handled though the Florida Fish and Wildlife Conservation Commission Take and/or Relocation Permit process. WASTEWATER MANAGEMENT/WATER SUPPLY A. The developer will comply with the South Florida Water Management District's permit requirements for all proposed uses of water for irrigation, construction, and dewatering activities associated with landscaping and the construction of lakes, roads, and building foundations. B. The project will utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets. The devices and methods will met the cdteda outlined in the water conservation plan of the public water supply permit issued to Collier County Utilities by the South Florida Water Management District. C. The project will obtain potable water, wastewater treatment and, eventually non- potable water, from Collier County Utilities, if Collier County Utilities determines that it has sufficient capacity to serve the project. If Collier County Utilities determines that it does not have sufficient capacity to serve the pi ::)je~i:~!he ~,/-~ Do Go Developer will either construct interim potable water, wastewater treatment, and/or non-potable water facilities, or will postpone development until such time as Collier County Utilities' capacity is available to the project. Any intedm facilities constructed by the Developer will be constructed to Collier County Utilities Standards and will be dismantled, at the Developer's expense, upon connection to Collier County Utilities facilities. Whether potable water, wastewater treatment and/or non-potable water facilities are provided onsite or offsite, the Developer will demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. The irrigation system for the Ronto Livingston DRI will be constructed in such manner as to enable the system to accept treated effluent at such time as a reuse source is available to the development. At such time as the DRI prepares to convert from a lake/groundwater irrigation system to one which uses treated effluent for irrigation, the Developer will insure that any onsite lakes, preserved or created wetlands and the stormwater management system are adequately buffered from possible effluent contamination consistent with SFWMD regulations. Temporary septic systems may be utilized in conjunction with construction and sales offices and model homes. Septic systems will not be allowed onsite, other than for construction and sales offices and model homes and permanent septic systems may be used for restrooms and halfway houses on the golf course. All temporary septic systems will be propedy abandoned and/or removed by a licensed septic tank system firm at the time when permanent or interim wastewater treatment facilities come online. All construction plans, technical specifications, and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, will be reviewed and approved by Collier County Utilities prior to the commencement of construction. H. All potable water facilities, including any possible onsite potable water treatment plan, will be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the North Naples Fire Control and Rescue District. I. The lowest quality of water available and acceptable will be utilized for all non- potable water uses. EDUCATION A. The Developer will be subject to all lawfully adopted school impact fees. POLICE AND FIRE PROTECTION A. Fire protection will be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. B. Facilities qualifying under the Superfund Amendments Reauthorization Act (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, will comply with all applicable hazardous materials reporting requirements under these Acts. C. The future development will pay ad valorem taxes that adequately address the needs of the Sheriff and Police Departments. Fire services will be addressed by lawfully adopted impact fees and assessments. o SOLID/HAZARDOUS/MEDICAL WASTE A. The development is bound by all applicable recycling requirements in effect in Collier County at the time of development. Bo D° Fo Any buildings where hazardous materials or wastes are to be used, displayed, handled, generated or stored should be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities that are sufficient to contain and safely facilitate cleanups of any spill, leakage or contaminated water. Discharge of hazardous waste effluent into the sewage system will be prohibited unless approved by a permit issued by the Florida Department of Environmental Protection. The developer is willing to explore the possibility of mulching trees and brush for the purpose of retaining mulch to meet the onsite needs. All hazardous waste materials will be disposed of in the manner specified by local or State regulations or by the manufacturer. Site personnel will be instructed in these practices and the Project Superintendent will be responsible for seeing tha' these practices are followed. The developer will minimize the use of irrigation, fertilizers and pesticides whenever practical to reduce the need and use of hazardous chemicals at the site. The developer will store and use fertilizers in accordance with the best management practices adopted for the management of turfgrass and landscaping to minimize exposure to stormwater. Storage of such chemicals will be in tightly sealed containers when not in use in an approved facility either onsite or offsite at the discretion of the site superintendent. 10. CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN A. Prior to any development order being issued, Collier County will determine if the project is consistent with the Comprehensive Plan and whether the project's phasing is consistent with the County's Concurrency Management Plan. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the Developer within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. B. The developer will submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Florida Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. C. The development phasing schedule presented within the ADA and as adjusted to date of development order approval will be incorporated as a condition of approval. If development order conditions and Developer commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this will be presumed to be a substantial deviation for the affected regional issue. This paragraph is not intended to preclude the applicant from seeking a time extension in accordance with the requirements of S.380.06(19) F.S. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based 10. CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN A. Prior to any development order being issued, Collier County will determine if the project is consistent with the Comprehensive Plan and whether the project's phasing is consistent with the County's Concurrency Management Plan. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the Developer within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. B. The developer will submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Flodda Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. The development phasing schedule presented within the ADA and as adjusted f date of development order approval will be incorporated as a condition of approval. If development order conditions and Developer commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this will be presumed to be a substantial deviation for the affected regional issue. This paragraph is not intended to preclude the applicant from seeking a time extension in accordance with the requirements of S.380.06(19) F.S. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based ...... 11. on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation will be deemed to have occurred. The monitoring checklist contained in Appendix IV will be used as a guide by the local government in determining additional substantial regional impacts. E. Pursuant to Chapter 380.06(16), the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances, impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. F. The local development order will state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. G. The project must commence significant physical development within two years from the date of approval. H. The project shall not be subject to down zoning unit density reduction, or intensity reduction for a period of twelve (12) years unless the government can establish that a substantial deviation has occurred or there are substantial changes in conditions such that the public health, safety and welfare requires such change. PUD DOCUMENT ^. There is a PUD document (Ordinance 00- ) approved by the Board of County Commissioners on ~, 2000, which also governs the Ronto Livingston Community. Ronto acknowledges that the conditions and commitments of the PUD document also govern the development and use of property within the Ronto Livingston Community, even though the PUD docume, (Ordinance 00- ) is specifically not made a part of this Development Order. that: BE IT FURTHER RESOLVED by the Board of County Commissioner of Collier County, Flodda, 1. The Development Services Director will be the local official responsible for assuring compliance with the Development Order. 2. This Development Order will remain in effect for fifteen (15) years from the date of adoption. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 4. Pursuant to Subsection 380.08(15)(c)3, Florida Statutes, this project is exempt from down-zoning or intensity or density reduction for a pedod of ten (10) years from the date of adoption of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5. The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended development order. A. A substantial deviation from the terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional Planning Council; or B. An expiration of the period of effectiveness of this Development Order as provided herein. C. If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. 8. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by the Ronto Livingston Master Association. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order which shall remain in full force and effect. 11. This Order shall be binding upon the County and the Developer, their assignees or successors in interest. 12. This Development Order shall become effective as provided by law. 13. Certified copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 380.06(25)(g), Flodda Statutes. Commissioner adoption, seconded by Commissioner AYES: NAYS: ABSENT AND NOT VOTING: DONE AND ORDERED this offered the foregoing Resolution and moved its and upon roll call the vote was: day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY JAN 2 5 ?_000 EXECUTIVE SUMMARY PUD-99-09, KAREN BISHOP OF PMS, INC. OF NAPLES, REPRESENTING RONTO LIVINGSTON, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE WITH "ST" OVERLAYS TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RONTO LIVINGSTON PUD FOR MIXED RESIDENTIAL DEVELOPMENT CONSISTING OF NOT MORE THAN 1,380 DWELLING UNITS FOR PROPERTY LOCATED GENERALLY EAST OF THE FUTURE LIVINGSTON ROAD, WEST OF INTERSTATE 75, AND IMMEDIATELY CONTIGUOUS AND SOUTH OF THE COLLIER/LEE County BOUNDARY IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 462.72+ ACRES. (COMPANION TO DRI-99-02) OBJECTIVE: This petition seeks to have certain land zoned "A" Rural Agricultural with "ST" overlays rezoned to the "PUD" Planned Unit Development classification. CONSIDERATIONS: The Ronto Livingston area of land is located south and contiguous to the Collier/Lee County Line immediately west of Interstate Highway 75 in Section 12, Township 48 South, Range 25 East and Section 7, Township 48 South, Range 26 East. The site is bounded on the east by 1-75, on the west by the Livingston Road extension and Mediterra PUD, on the south by a future unnamed east-west collector road and Pelican Strand, and on the north by the Collier/Lee County line future Worthington residential golf course project that is currently being planned. The most significant element of the community will be the residential development. The Ronto Livingston community is planned for a maximum of 1380 residential units, which will include both single-family and multi-family types of units. The single-family units are anticipated to be detached on fee simple lots. The multi-l~mily units will include the typical two-story buildings with common ownership, however there may be some single-story attached units with other ownership plans. The overall gross density for the project is less than 3.0 units per acre (1380/463=2.98). The project will include an 18-hole golf course that will primarily serve the residents of the community. This recreational amenity will include the typical accessory uses, such as a 25,000 square foot clubhouse with a pro shop and dining facilities, a driving range and a maintenance facility. AG E N P~:~ ITz~' M No. ~_ JAN 2 5 2_000 All of the property lies within the Urban Mixed-Use/Urban Residentially designated area iljustrated on the Future Land use Map of the FLUE to the GMP. Consistencies with elements of the GMP are as follows: Land Use: Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. This rezoning action is for a mixed-use residential development together with a golf course and related recreation amenities, all of which are allowed in the urban residentially designated area. The Ronto Livingston project is located in the Urban Mixed-Use District/Urban Residential Subdistrict. The Urban Mixed-Use District is intended to accommodate a variety of residential land uses including single-family, multi-family, duplex, mobile home and mixed-use (Planned Unit Development). Density: The Ronto Livingston PUD will consist of not more than 1360 dwelling units on 463 acres for a gross density of 2.98 dwelling units per acre. The density rating system authorizes four units per acre. Open Space/Conservation Element: More than sixty (60) percent of the land area will be set aside as qualifying open space which includes the golf course and water management facilities. In total 288.62 acres or 62% of the land area, exclusive of open space and landscaped areas, made a part of each residential development as they are developed will contain some form of open space. When landscaped areas attributable to housing developments are added the total amount of open space lands should substantially exceed 60% of the land area, the threshold established by the GMP for this element. Similarly more than 25% of the viably functioning native vegetation will be retained, the threshold requirement for consistency with the Conservation Element. Preserve areas constitute 59.37 acres. Development Commitments contained within the PUT) give assurance that appropriate permits and procedures will be folloxved to regulate habitat and wildlife disturbances. Sewer and Water: Ronto Livingston will be connected to Collier County's sewer and water system. All of the land will be connected to a system of sewer and water utilities, which in turn will be connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Management Element: The surface water management system for Ronto Livingston will be reviewed by the South Florida Water Management District, and is therefore exempt from local review and approval. AG EN D..~ I~E JAN 2 5 2000 In view of the above, staff is of the opi:fion that approval of the PUD as structured by the PUD document and master plan is consistent with all applicable elements of the Collier County Growth Management Plan. 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 thc Future Land Use Element of the Collier County Growth Management Plan. All of the property is located within the Urban Residential area of the Future Land Use Map to the FLUE and the GMP. Given the availability of a potable water system and wastewater collection system, and the urban influences impacting this area it is timely that this land now be rezoned to an urban residential zoning classification recognizing the extent of approved projects in the area including the recently adopted Mediterra PUD. With the adoption of Meditcrra. Ronto Livingston has many aspects of urban in-fill in the sense that urban development in both counties encircle the property, and public infrastracture is in place in both Lee and Collier Counties. ha-fill development maximizes public infrastructure, and is therefore seen as preferential to development which tends to require the extension of urban infrastructure. In-fill development also minirnizes the tendency for untimely development along the fringes of the urban boundary, which encourages urban sprawl. Compatibilitv: The residential development of the subject land is compatible with existing development in the area. Residential development extends to the south and west boundary of the property (i.e. Imperial Golf Estates. Mediterra and Pelican Strand). Additionally, the Livingston Road corridor north of Immokalec Road is developing with residential uses (i.e. Carlton Lakes and Pelican Strand). Imperial Road/Livingston Road corridor extending south of Bonita Beach in Lee County also consists of residential developn~cnt. FISCAL IMPACT: This PUD by and of itself xx-iiI have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted lex els of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees xxill bo applicable to the residential portion of the project: Correctional Facilities: Park Impact Fcc: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impacl Fee: Radon Impact Fcc: EMS Impact Fee: Building Code Adm: Micro Film Surcharge: $117.98 per unit (i) Residential $1.7043 per square foot (ii) Non-residential $578.00 per unit $180.52 per unit $ 0.15 per square feet of building $ 827 perunit $ 890 per unit (i) Residential $1,066 per acre (ii) Golf Course $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1.()(){) square feet, the total fiscal impact for residential development will be $2,757 per unit. Since this project proposes 1,380 units, the total amount of residential impact fees collected at build-out will total S3,804,660.00 (assuming a 25,000 square foot clubhouse, the clubhouse and golf course xxill yield an additional $202,507.00). It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use. thc tor~fl impact fee quoted above is at best a raw' estimate. Additionally, there is no guarantee that the projcc~ at build-out will have maximized their authorized level of development. 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 bx' the approval of this Detition will be subject to a concurrency review under the provisions of Division 3. I ~)l'the 3.15 of the Collier County Land Development Code. ItISTORIC/ARCHAEO! ~OG ICAL 1MPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as ret'erenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. JAN g 5 2000 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff r~',:ommends approval of Petition PUD-99-09 subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC heard this petition on January. 5, 2000. They unanimously recommended approval subject to the conditions recommended by staff. These conditions have been incorporated into the PUD document. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on January 6, 2000. The CCPC unanimously recommended the adoption of PUD-99-09 as described by the draft Ordinance of Adoption and exhibits thereto (i.e. PUT) document and Master Plan). No representations or communications were made in objection to this petition; consequently the petition qualifies for the Boards summary agenda. PREPARED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ~ 4/~.-: ..:..; . ROBI~,RT J. MULItERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: ,, VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g, admin: EX SUMMARY/PUD-99-09/RN/im DATE MEMORANDUM AGENDA ITEM 7-G TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMLqXPITY DEVELOPMENT& ENVIRONMENTA DECEMBER 9, 1999 PETITION NO: PUT)-99-09 RONTO LIVINGSTON (COMPANION TO DRI-99-02) OWNER/AGENT: Agent: Karen K. Bishop PMS Inc. of Naples 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Owner: Ronto Livingston, Inc. 3185 Horseshoe Drive South Naples, FL 34104 (Application for Corporate Officers) REQUESTED ACTION: This petition seeks to have certain land zoned "A" Rural Agricultural with "ST" overlays rezoned to the "PUD" Planned Unit Development classification. GEOGRAPHIC LOCATION: The Ronto Livingston area of land is located south and contiguous to the Collier/Lee County line immediately west of Interstate Highway 75 in Section 12, Township 48 South, Range 25 East and Section 7, Township 48 South, Range 26 East (see location map on following page). 0 rr 7 PURPOSE/DESCRIPTION OF PROJECT: The Ronto Livingston project will be a master planned community. The development site is located west of 1-75, one mile south of Bonita Beach Road, two miles north of Immokalee Road and one and three-quarter miles east of Old US 41. The site is bounded on the east by 1-75, on the west by the Livingston Road extension and Mediterra. on the south by a future unnamed east-west collector road and Pelican Strand, and on the north bv the Lee/County line and then a future Worthington project that is currently being planned. The Ronto Livingston property is considered part of the Bonita Spnngs/North Naples area. The most significant element of the community will be the residential development. The Ronto Livingston community is planned for a maximum of 1380 residential units, which will include both single-family and multi-family types of units. The single-family~units are anticipated to be detached on fee simple lots. The multi-family umts will include the typical two-story buildings with common ownership, however there may be some single-story attached units with other ownership plans. The overall gross density for the project is low. being less than 3.0 units per acre (1380/463=2.98). The project will include an 18-hole golf course that will primarily serve the residents of the community. This recreational amenitw' will include the typical accessory uses, such as a 25,000 square toot clubhouse with a pro shop and dining facilities, a driving range and a maintenance facility. The proposed community will have no associated commercial or marine related components. The remainder of the land area of the community, will be dedicated to recreational uses, which will include passive, as well as active, recreational areas, open space, roadways, drainage features, and other infrastructure and ancillary facilities necessary to accommodate the master plan of development. Some of the passive recreational uses may include boardwalks through some of the wetlands and upland areas and other scenic views. The acreage shown on the Master Concept Plan are approximate, and the final boundaries of the various areas will not be established until the actual engineering and technical drawings are completed for the construction stage of the community. /7/.3., EXISTING AND SURROUNDING LAND [::~E 3..:'~d' ,: ,~,..~,NG. Existing: The im'~d is unde~aiooed but currently used in part for farming uses i i.e. row crovs 301.97 acres). FP&L has a 235 foot wide pov:er line easement with transmission facilities located in the western portion o5 the case:.qen, t. The agricultural use of the property includes heavily impacted native upland and wetland areas. The land ;s zoned "A' Rural Agricultural with "ST" overlays. Surrounding: North - To the north the land is undeveloped farmland and ~s zoned Agricultural in the Lee County Lar;d Lis¢ Plan. .An application to rezone this lano ~s currently being considered for a mixed- use residential golf course community. East - To the east lies the right-of-way of Interstate Highway 75. South - To the south lies the Strand Community. The property is currently under development as a mixed-use residential/golf course community. The property is zoned PUD. A proposed road reservation of sixty (60) feet will separate the ~'o prqiects. Fo the west in part lies the recently approved Mediten'a mixed-use residential/golf course communit~ which is zoned PUD. The most sou. theastem portion of the Ronto Livingston project however, lies adjacent to lands currently zoned "A" Rural Agriculture and which for several homes on acreage lots is undeveloped. GROWTH MANAGEMENT PLAN CONSISTENCY: All of the property lies within the Urban Mixed-Use/Urban Residentially designated area iljustrated on the Future Land Use Map of the FLUE to the GMP. Consistency with elements of the GMP are as follows: Land Use: Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. This rezoning action is for a mixed-use residential development together with a golf course and related recreation amenities, all of which are allowed in the urban residentially designated area. The Ronto Livingston project is located in the Urban Mixed-Use District/Urban Residential Sub- district. The Urban Mixed-Use District is intended to accommodate a variety of residential land uses including single-family, multi-family, duplex, mobile home and mixed-use (Planned Unit Development). The Urban Residential Sub-District provides for higher densities in areas with relatively few natural resource constraints and where existing and planned public facilities are concentrated. Density_: The Ronto Livingston PUD will consist of not more than 1,360 dwelling units on 463 acres for a gross density of 2.98 dwelling units per acre. The density rating system authorizes four units per acre. Because the proposed development is requesting single-family and multi-family residential units at a density of under 3 units per acre, the project is consistent with Goal 1 of the Comprehensive Plan. The Plan guides land use decision-making so as to achieve and maintain a high quality natural environment with a well planned mix of compatible land uses which promote the public's health, safety, and welfare consistent with the State planning requirements and local desires. In addition, the proposed project is consistent with Objective 1 and Policy 1.1 of the plan. T-he property is being developed at a density level just below the maximum allowed in the land use category and is thereby consistent with the plan. /D Traffic Element: Based upon the infb .rm._:'~.tion 7rovided by the applicants relative to the distribution of housing structure types and the goifcourse use w,e find as foiiows: The ITE Trip Generation Manual (6~ Edition} indicates that ire proposed project will generate the following traffic in Phase One: UNITS LAND USE TRIPS 740 DU Multi-Faro: 5; 3,568 ADT 246 DU Single-Family 2,373 ADT 18 Holes Golf Course 643 ADI Total: 5,941 ADT* UNITS LAND USE TRIPS 1036 DU Multi-Family 4,749 ADT 344 DU Single-Family 3,230 ADT 18 Holes Golf Course 643 ADT Total: 8,622 ADT* The site generated trips have been adjusted to account for seasonal occupancy and internal capture. This results in the following trip totals: Phase One: 4,768 ADT. Phase Two: 7,181 ADT. Based on the analysis in the TIS, the site generated trips exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road from Bonita Beach Road to Immokalee Road. It is also projected to exceed 5 percent on the east/west side of Livingston Road when completed. However, these road segrnents ate expected to operate at an acceptable level of service at the end of Phase One and at build-out. As a result, these trips will not lower the level of service below the adopted LO "D" standard. Therefore., the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (IC£)_. The TCE lists Immokalee Road (CR-~46) as a 4-iane ar*~enal road from CR-31 to 1-75. The current traffic count for this segment is 37,900 PSDT and is operating at LOS "C". However, this segment is projected to be deficient by 2004 and is not funded for improvement to 6-lanes. As a result, this road will remain below it's adopted LOS standard. Since the site generated trips do not exceed 5 percent of the LOS "C" design capacity for this segment of CR-846, the project is not required to be phased. In addition, Airport-Pulling Road (CR-31) is currently a 4-lane arterial road with a traffic count of 38,514 LOS "D" and is projected to be deficient by 1999/2000, Since this road segment is scheduled to be improved to 6-lanes by 2001, this petition is consistent with Policy 1.3 and 1.4 of the TCE. The PLT) provides for a contiguous road through the project from Livingston Road to an east/west road between this project and Pelican Strand to the south. The road is expected to be private and in all likelihood gated and to this extent makes no contribution towards interconnectivity. When one analyzes the benefits of interconnectiviw for the area of land lying between 1-75 and Livingston Road. we conclude that interconnectivity does nothing to enhance the objective of diffusing impacts to the arterial road system. Therefore, staff concludes that approval of this project is not inconsistent with policy 7.2 and 7.3 regarding issues of safe and convenient access and circulation. Open Space/Conservation Element: More than sixty (60) percent of the land area will be set aside as qualifying open space which includes the golf course and water management facilities. In total 288.62 acres or 62% of the land area, exclusive of open space and landscaped areas, made a part of each residential development as they will be developed in some form of open space. When landscaped areas attributable to housing developments are added, the total amount of open space lands should exceed substantially 60% of the threshold established by the GMP for this element. Similarly more than 25% of the viably functioning native vegetation will be retained, the threshold requirement for consistency with the Conservation Element. Preserve areas constitute 59.37 acres. Development Commitments contained within the PUT) give assurance that appropriate permits and procedures will be followed to regulate habitat and wildlife disturbances. Sewer and Water: Ronto Livingston will be connected to Collier County's sewer and water system. All of the land will be connected to a system of sewer and water utilities, which in turn will be connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Management Element: The surface water management for Ronto Livingston will be reviewed by the South Florida Water Management District and is therefore exempt from local review and approval. In view of the above staff is of the opinion that approval of the PUD as slamctured by the PUD document and master plan is consistent with all appreciable elements of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 6 Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary, to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed bv the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department. These reviews help shape the content of the PUD Document and cause Development ~ommitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions, these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. No issues were raised by reviewing staff members that were not resolved or otherwise provided for in the PUD document. The EAB reviewed this petition relative to their jurisdictional concerns on January. 5. 2000. Their recommendations are included in the PUD Document. 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 infrastructures, and compatibility with adjacent land uses, a consideration usually dealt with as a fact of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for 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. Sta~: 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 Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, 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. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Retionship 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. All of the property is located within the Urban Residential area of the Future Land Use Map to the FLUE to the GMP. Given the availability of a potable water system and wastewater collection system and the urban influence impacting this area, it is timely that this land now be rezoned to an urban residential zoning classification recognizing the extent of approved projects in the area, including the recently adopted Mediterra PUD. With the adoption of Mediterra, Ronto Livingston has many aspects of urban in-fill in the sense that urban development in both counties encircle the property, and public infrastructure is in place in both Lee and Collier Counties. In-fill development maximizes public infrastructure, and is therefore seen as preferential to a development which tends to require the extension of urban infrastructure. In-fill development also minimizes the tendency for untimely development along the fringes of the urban boundary which encourages urban sprawl. Compatibility: The residential development of the subject land is compatible with existing development in the area. Residential development extends to the south and west boundary of the property (i.e. Imperial Golf Estates, Mediterra and Pelican Strand). Additionally, the Livingston Road corridor north of Immokalee Road is developing with residential uses (i.e. Carlton Lakes and Pelican Strand). Imperial Road/Livingston Road Corridor extending south of Bonita Beach in Lee County also consists of residential development. /,/ Traffic: As described under GMP consistency the Ronto Livingston PUD development strategy will not reduce transportation LOS thresholds below the requirements established bv traffic element goals, objective and policies and was determined to be consistent with those goals, objectives and policies. The Ronto Livingston PUD makes provision for providing fight-of-way for both the North/South and East/West segments of Livingston Road. Specifically 65 feet of ROW is reserved for the North/South segment of Livingston Road and 200 feet of ROW for the East/West segment. Interconnectivity - Regarding the matter of interconnectivity staff suggests that this project lying between Livingston Road and 1-75, makes any concern for interconnectivity irrelevant. The objective of interconnectivity is to help diffuse impacts to arterial roads. Interconnectiviw at best has minimal application given the conditions of adjacent land and their relationship to the arterial road system. Just as importantly however, is the fact that a true system of interconnectivity is intended to bring about a local street system which would serve to diffuse traffic to the county's arterial road system. Gated communities cannot achieve this goal since they do not allow public access. On the other hand, a residential development may still retain elements of security by localizing security gates to the residential development tract while making the collector roads public. Collier County transportation engineering staff has traditionally recommended private streets so that the County has no maintenance obligations. This has worked to the detriment of a local public street system offering more opportunities to travel from one arterial road to another. In the case of Ronto Livingston, the south entry, point on the East/West leg of Livingston Road which possibly could in the long range extend from CR-951 to Vanderbilt Drive may afford an opportunity to alleviate traffic at the intersection of the two Livingston Roads if said collector road through the Ronto Livingston project were to be made a public road. However, potential benefits to this intersection are likely to be minimal given the circmtous route one would take through the Ronto Livingston project, and the likelihood that most travelers external to the project would unlikely know that such an alternative route exists. For that reason staff concludes that in this case no significant transportation gain would result from a public road through the Ronto Livingston PUD. Utility Infrastructure - Both public sanitary sewers and mumcipal water supplies are available to the property and will be extended as a consequence of future platting to each lot or tract as they are platted. All development must comply with surface water management requirements invoked at the time of subdividing, as the case will be for development of this land. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet-flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. /7t3 Community Infrastructures and Services - Community Infrastructure and Services available are as follows: Fire - South side of Immokalee. near Goodlette-Frank Road and one mile east of 1-75. Library - The nearest public library facility is located on Vanderbilt Beach Road near US41. Hospital and Associated Health Care Facilities - The Naples Communiw Health Care Hospital is located on Immokalee Road. County Tax Collector Services - These are available at Greentree Center, Immokalee Road and Airport Road. County Parks - Veterans Park is the nearest county park. It is located on Immokalee Road just west of Airport Road. Retail, Office and Services Available - Major concentration of retail, offices and services are available at Airport RoacL~Immokalee intersections, and 1-75/Immokalee interchange areas. PUT) Development Standards - Ronto Livingston contains development standards for various housing development strategies that depend upon lot size and housing structure type. PUD's are generally given considerable latitude to establish standards that are different than conventional zoning districts, The assumption being that as long as the standards apply uniformly throughout the PUD that persons investing in real estate know what to expect. The standards employed by this PUD are similar to the standards employed by manv PUD's. This type of development has produced desirable end results and they remain attractive communities to this day. The maximum height of buildings is thirty-five (35) feet for two-family and town houses, and filly (50) feet for multi-family dwellings. The height of buildings have no particular sensitivity to adjacent development because by and large there is no adjacent residential development. Mediterra lying immediately to the west is separated by 165 feet of ROW and golf course development. The PUD document has been structured to bring about harmonious development internally by requiring similar housing types for the entirety of a development tract employing similar development standards. PUD Master Plan - It is important to recognize that provision is being made to reserve and dedicate sufficient land for the extension of Livingston Road North/South and East/West segments. Major access points are located on both segments of Livingston Road and therefore, allow access to the regions arterial road system for residents of the project and access by emergency providers. 10 STAFF RECOMMENDATION: That the Collier Count; Planning Commission recommend approval of Petition PUD-99-09 being a petition to rezone certain property to the Planned Unit Development district for a project titled Ronto Livingston as described and regulated bv the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). .~MIED BY: 1~,.~'~ V. NINO. AICP DATE CURRENT PLANNING MANAGER ~ED BY: IOBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPI~O~ED BY: VINCENT A. CAUIERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD-99-09 (COMPA2X:ION TO DRI-99-02) Staff Report for the January. 6, 2000 CCPC meeting. COLLIER COUNTY PL,~NNING COMMISSION: RUSSELL A. BUDD. CHAIRMAN g/admm/PL~-99-09 STAFF REPORT/2~N/im I1 /7/3 FINDINGS FOR PUD PUD-99-09 ection 2.7.3.2.5 of the Collier County Land Development Code requires the Planning ._'ommission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: fi) 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 urban area reduces the push on urban sprawl. (iii) The subject property will be served by a network of arterial road (i.e. Livingston Road), all of which are well within the urbanized area providing easy access to a host of community. sen, ices and facilities. (iv) Comprehensive multi-disciplined analysis suitability, of the land for the uses proposed. supports the Con: (i) As with all .actions that intensif,v urban development patterns there is some loss to travel time for users of the same arterial road systems. SummarvFindim,: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in t'he PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any -1- inadequacies which ;':~, ~":. ,.iPt,",-..,.ent~n~. ~ the PUD document will be recommended to the Bo,:~:~ (>5 C.:,t,ntv qomm~ssioners as conditions of approval by staff. Recomrner~acd m,'::5_'.at,~on measures v,'ill assure compliance with Level of Sera'ice relatio;,snlps a:: prescribed by the Growth Management Plan. Adequacy of evidence .~f ~n~fied ccvCrol and suitabilitx of any proposed agreements, contract or other h~gtro~sen~s~ or for amendments in those proposed, particularly as they max~ :-etme 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: (i) Evaluation not apvlicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUT) document makes appropriate provisions for continuing operation and maintenance of common areas. Conformi~' of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The deve!opment strategy- for the subject property is entirely consistent vdt? tl'~.e, goals, objectives and policies of the Growth Management Plan. Con: (i) None. Summary Finding: Yb~c sao.~ect petition has been found consistent with the goals, objectives and poiic~cs of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The suDect property is designated Urban Mixed- Use/Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the 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: /7 /_4 2 /7 Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Appr, al would authorize thirteen hundred and eighty (1380) dwelling units whose density would be 2.98 dwelling units per acres. This is consistent with the density, rating system to the FLUE. Land Use - The urban residential subdistrict allows all residential structure types and other normally fbund in a residential environment such as recreational accesso~ uses and golf course development. Traffic Circulation Element - Analysis of the subject petition concluded with a finding for consistency xvith the Policies of the TCE. Recreation and Open Space Element - Approximately 289 acres or 62% of the land area is to be developed as open space utilizing a system of golf course development, interconnected lakes and preserve area. This area is exclusive of the amount of open space that remains as each development parcel or tract or lot is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development. Other applicable element(s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Mediterra PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated bv the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not app!icabl¢. Summary Finding: The amount of open space set aside by this project is greater then the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development This assessment is described at length in the staff report adopted by CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ease, based on determination that suer modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. -4- Summary' Findinl~: This finding essentially requires an evaluation of the extent to which development standards proposed for this depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PC33 are similar to those standards used for particular housing structures and associated area requirements. gadmin/Findlngs,'PUD-99-O9/P~qm REZONE FIN~: .iNGS PETITION PUD-99-09 Division 2.7.2.5. of the Collier County Land Development ('ode requires that the report and recommendations of the Planning Commission to the Board of County Comn~issioners shall show that the Planning Commission has studied and considered the proposed change in relation to the tbilowing, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro/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 ail other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. The existing land use pattern. Pro/Con: Evaluation not applicable. EXISTING AND SURROUNDING LAND USE AND ZONING: Existing: The land is undeveloped but currcntly used in part for farming uses (i.e. row crops 301.97 acres). FP&L has a 235-foot wide power line easement with transmission facilities located in the western portion of the easement. The agricultural use of the property includes heavily' impacted native upland and wetland areas. The land is zoned "A" Rural Agricultural with "ST" overlays. Surrounding: North - To the north the land is undeveloped farmland and is zoned Agricultural in the Lee County Land Use Plan. An application to rezone this land is currently being considered for a mixed-use residentiaVgolf course community. East - To the east lies the right-of-way of Interstate Highway 75. South - To the south lies the Strand Commumty. The property is currently under development as a mixed-use residential/golf course community. The property is zoned PUD. A proposed road reservation of sixty (605 feet will separate the two projects. o o West - To the west in part lies the recently approved Mediterra mixed-use residential'golf course community which is zoned PUD. The most southeastern portion of the Ronto Livingston project however, lies adjacent to lands currently zoned "A" Rural Agriculture and which for several homes on acreage lots is undeveloped. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development supports the timing relationship and justifies revisiting the PUD and amending its development strategy. 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. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a natural atmosphere. -2- o Summary Findings: The proposed change will not adversely influence living conditions in neighborhood because the recommended development standards and other conditions for approval ha',... been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. ge (iii) The goal of establishing a more traditional neighborhood with its own convenience services and recreational facilities should constitute a public benefit by discouraging external trips and therefore conserving highway capacity. Con: (i) As urban intensification increases, there is some loss of comfort and eat of travel to motoring public. However, by law this degree of discomfort is regulated by concurrenc.~ requirements. 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. mm lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change ',,'ill create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. -3- o 10. 11. 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. The water management system to serve the project ~vill consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet-flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Summarw' Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification t,vpically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None. Summarw Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property, in accordance with existing regulations. Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. -4- 12. 13. 14. 15. 16. Whether the proposed change will constitute a grant of special privilege to an individual owner contrasting with the public welfare. Pro/Con: Evaluanon not applicable. Summarv Findings: The proposed development complie 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 ~ant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Summary Findines: The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. To deny this petition would deprive the owner of any reasonable use of the property consistent with the goals, objectives and policies of the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the Count'. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity, of land uses deemed to be acceptable for this site. Whether it is impossible to f'md other adequate sites in the County. for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicablc. Summarw Findings: This site is zoned "A" Rural Agriculture and "PUD" Planned Unit Development. Whether of not there are other similarly zoned residential areas is irrelevant. The physical characteristics of the property, and the degree of site alteration which would be required to make the properW usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The site wiil be altered to the extent necessarv to execute the developrr strategy. /,,7,0 The impact of development on the availability ol adequate public facilities and services consistent with the levels of service adopted in the Collier Coun~ 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. g'adrnin,,Rezone Fin din ~m.~, PUD-99-09/RN/irn ENVIRONMENTAL ADVISORY COUNCI!, STAFF REPORT MEEIING OF JANUARY 5, 2000 Item IV.F. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. 99-9 Development Order No. 99-2 Ronto Livingston PUD Ronto Livingston, Inc. Hole Montes & Associates, Inc. Turrell & Associates. Inc. II. LOCATION: It is located within County, Florida. Section 21. Township 48 South, Range 25 East, Collier III. DESCRIPTION OF SURROUNDING PROPERTIES: The project is located within the southwest quadrant of the intersection between 1- 75 and Bonita Beach Road. about one mile south of Bonita Beach Road. It abutts 1-75 along the east property boundary'. ZONING Lee County - Unknown PUD - The Strand Interstate ROW PUT) - Mediterra DESCRIPTION Undeveloped Residential/Golf Course Community 1-75 Highway Residential/Golf Course Community EAC Meenng ........................................... PUD-99-9 Page 2 of 11 ............... January 5. 2000 PROJECT DESCRIPTION: The Ronto Livingston project will be a master planned communi~. The development site is located west of 1-75, one mile south of Bonita Beach Road, two miles north of Immokalee Road and one and three-quarter miles east of Old US 41. The site is bounded on the east by 1-75. on the west bv the Livingston Road extension and Mediterra. On the south side is a future unnamed east-west collector road and Pelican Strand, and on the north by the Lee/County line and then a future Worthington project that is currently being planned. The Ronto Livingston property is considered part of the Bonita Springs/North Naples area. The most significant element of the community xvill be the residential development. The Ronto Livingston community is planned for a maximum of 1380 residential units, which will include both single-family and multi-family types of units. The single-family units are anticipated to be detached on fee simple lots. The multi-family units will include the typical two-story buildings ~vith common ownership, however there may be some single-story attached units with other ownership plans. The overall gross density for the project is low, being less than 3.0 units per acre ~ 1380/463=2.98). The project will include an 18-hole golf course that will primarily serve the residents of the community. This recreational amenity will include the typical accessory uses, such as a 25.000 square foot clubhouse with a pro shop and dining facilities, a driving range and a maintenance facility. The proposed community will have no associated commercial or marine related components. The remainder of the land area of the community, will be dedicated to recreational uses, which will include passive, as well as active, recreational areas, open space, roadxvays, drainage features, and other infrastructure and ancillary facilities necessary to accommodate the master plan of development. Some of the passive recreational uses may include boardwalks through some of the wetlands and upland areas and other scenic views. The acreage shown on the Master Concept Plan are approximate, and the final boundaries of the various areas will not.be established until the actual engineering and technical drawings are completed for the construction stage of the community. GROWTH MANAGEMENT PLAN CONSISTENCY: EAC Meeting .................... PUD-99-9 Page 3 of 11 .............. January' 5. 2000 All of the property lies w.,;-,,. ,,~,~,~ the krear, Mixed-Use/Urban Residentiallv designated area iljustrated -~ :;he bmure L and L. se Map of the FLUE to the GMP. Consistency with elements of the GMP are as ~ollows: Land Use: Land within the urban residentially designated area may be rezoned to allow the total range of dwellix,~g ami types. This rezoning action is for a mixed-use residential development together with a golf course and related recreation amenities, all of which are allowed in the urban residentially designated area. The Ronto Livingston project is located in the Urban Mixed-Use Distnct,.L'rban Residential Sub-district. The Urban Mixed-Use District is intended to accommodate a variety of residential land uses including single-family, multi- family, duplex, mobile home and mixed-use lPlanned Unit Development). The Urban Residential Sub-District provides for tugher densities in areas with relatively few natural resource constraints and where existing and planned public facilities are concentrated. Densitx,: The Ronto Livingston PUT) wi}! consist of not more than 1,360 dwelling units on 463 acres for a gross densipy of 2.98 dwelling units per acre. The density rating system authorizes four units per acre. Because the proposed development is requesting single-family and multi-family residential units at a dens~tv cf ,ander 3 ,.imts per acre, the project is consistent with Goal 1 of the Comprehensive Plan. The Plan guides land use decision- making so as to achieve and maintain a high quality natural environment with a well planned mix of compatible land ases which promote the public's health, safety and welfare consistent with the Sta'~c planning requirements and local desires. In addition, the proposed project is consistent with Objective 1 and Policy 1.1 of the plan. The property is being developed at a density level just below the maximum allowed in the land use category and is thereby consistent xvith the plan. Traffic Element: Based upon the information provided by the applicants relative to the distribution of housing structure types and the golf course use we find as follows: The ITE Trip Generation Manual (6~' Edition} indicates that the proposed project will generate the following traffic in Phase One: EAC Meeting ................................................. PUD-99-9 Page 4 of 11 ................................. January 5. 2000 UNITS LAND USE TRIPS 740 DU Multi-Family 3,568 ADT 246 DU Single-Family 18 Holes Golf Course Total: 2,373 ADT 643 ADT 5,941 ADT* UNITS LAND USE TRIPS 1036 DU Multi-Family 4,749 ADT 344 DU Single-Family 3,230 ADT 18 Holes Golf Course 643 ADT Total: 8,622 ADT* The site generated trips have been adjusted to account for seasonal occupancy and internal capture. This results in the following trip totals: Phase One: 4,768 ADT. Phase Two: 7,181 ADT. Based on the analysis in the TIS, the site generated trips exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road from Bonita Beach Road to Immokalee Road. It is also projected to exceed 5 percent on the east/west side of Livingston Road when completed. However, these road segments are expected to operate at an acceptable level of service at the end of Phase One and at build-out. As a result, these trips will not lower the level of service below the adopted LO "D" standard, Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Immokalee Road (CR-846) as a 4-lane arterial road from CR-31 to 1-75. The current traffic count for this segment is 37,900 PSDT and is operating at LOS "C'. However, this segment is projected to be deficient by 2004 and is not funded for improvement to 6-lanes. As a result, this road will remain below its adopted LOS standard. Since the site-generated trips do not exceed 5 percent of the LOS "C" design capacity for this segment of CR-846, the project is not required to be phased. In addition, Airport-Pulling Road (CR-31) is currently a 4- lane arterial road with a traffic count of 38,514 LOS "D" and is projected to be deficient by 1999/2000. Since this road segment is scheduled to be improved to 6-lanes by 2001, this petition is consistent with Policy 1.3 and 1.4 of the TCE. ' The PUD provides for a contiguous road through the project from Livingston Road to an east'west road between this project and Pelican Strand to the south. The road is expected to be private and in all likelihood, gated and to this extent makes no contribution towards interconnectivity. When one analyzes the benefits EAC Meeting ............................ PUD-99-9 Page 5 of 11 ................. Janua~ 5,2000 ofinterconnectivitv for the area of land lvi: et~veen 1-75 and Livingston Road. we conclude that interconnectivitv does nom.,g to enhance the objective of diffusing impacts to the anenal road system. Theretbre, staff concludes that approval of this project is not inconsistent v,-~th poiicy 7.2 and 7.3 regarding issues of safe and convenient access and circulation. Open Space/Conservation Element: More than sixty (60) percent of the land area will be set aside as quaii~'ing open space which includes the golf course and water management facilities. In total 288.62 acres or 62% of the land area, exclusive of open space and landscaped areas, made a part of each residential development, as they will be developed in some form of open space. When landscaped areas attributable to housing developments are added, the total amount of open space lands should exceed substantially 60% of the threshold established by the GMP for this element. Similarly more than 25% of the viably functioning native preservation will be retained, the threshold requirement for consistency with the Conservation Element. Preserve areas constitute 59+ acres. Development Commitments contained within the PLO zive assurance that appropriate permits and procedures will be followed to regulate habitat and wildlife disturbances. Sewer and Water: Ronto Livingston will be connected to Collier County's sewer and water system. All of the land will be connected to a system of sewer and water utilities, which in turn will be cormected to the County's system. These characteristics make the pro.~ect consistent with the sewer and water element. Stormwater Management Element: The surface water managem~/nt for Ronto Livingston will be reviewed by the South Florida Water Management District and is therefore exempt frorn local review and approval. In view of the above staff is of the opinion that approval of the PUD as structured by the PUD document and master plan is consistent with all appreciable elements of the Collier CounW Grov,'th Management Plan. Historic/Archaeological impact: Staff's analvsis indicates that the petitioner's property is located outside an area of historical and archaeologicai probability as referenced on the official Collier EAC Meeting .............................................................................................. January 5. 2000 PUD-q9-9 Page 0 of 11 County Probability Map. Therefore, no Historical/Archaeological Surx, ey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. VI. MAJOR ISSUES: Water Management: The petitioner proposes to divide the project into two drainage basins, a 76 acre basin in the northwest, and a 375 acre basin that is the whole east side. Both basins employ a standard configuration of a series of interconnected lakes to provide water quality retention and peak flow attenuation. The petitioner proposes to discharge the east basin into the 1-75 R.O.W. This will require the permission of the Federal Highway Authority and the SFW~fD. The petitioner proposes to discharge the west basin into the future Livingston Road R.O.W. This will require permission of Collier County D.O.T. and the SFWMD. Environmental: Staff has reviewed the EIS; the PLq) document and all associated PLT) exhibits. Staff did not have the DRI binder in time to do a thorough review of its contents. It has been provided to the EAC members for their review. However, the Regional Planning Council Staff Recommendations were reviewed completely as was the Ronto Livingston Development Order, and the stipulations at the end of this Staff Report reflect the reviexv of those two documents. The DRI material submitted to the EAC members for review and approval does not accurately reflect the changes made by the petitioner in response to the SFWMD comments. The Master Site Plan, preservation areas, infrastructure layout, etc. as shown in the DILl package does not include these changes. The PUD document and associated plans are the most current Staff approved documents. Staff is requiring as a stipulation of approval of the Development EAC Meeting ............................................ PUT)-99-9 Page 7 of 11 ............................ January5.2000 Order that 7he DRI package be revised to show all necessary changes, to be consistent with the PUD. Site Description: The subject proPerty covers 460 acres; over 30,0 of those are farm fields being actively used for row' crops or have recenttv been disked for planting. A series of ditches and berms surround the fields. T.~ce isolated wetlands are located outside the fanning area. No protected species were observed utilizing the site. Approximately 40 acres of uplands exist on site, the vast majority of which is Pine flatwoods, with slash pin~, saw palmetto, wax m.',~le, rusD' lyonia and wire grass as the predominant species. Wetlands: The subject property has approximately 84 acres of Collier County jurisdictional wetlands identified in 4 separate areas, isolated between themselves, but two of which have the potential for some future connectivity to off site wetlands. The historic wet season high water levels for this site were obtained by using watermarks on the existing vegetation, sediment lines, lichen and adventitious roots. Elevations vary betwee~ 17 02 NGVD to 1-1.0 NGVD. The hydrological regime has been altered considerabiv by .:he associated farming and construction ofi-75 immediately to the east. The petitioner proposes to impact 33.5 acres of the least viable wetlands, which represents 28% of the wetlands on site. The site plan was revised considerably, after the petition had been submitted for initial review, in order to accommodate the prese.,waticn of the best areas of wetlands within the northwest portion of the parcel. The original proposal requested an impact to 42.8 acres of wetlands, which is more than 50%. To offset the impacts to 33.5 acres of wetlands, the remaining 48 acres will be enhanced both h~ologically and vegetatively. A combination of on site and off site mitigation is proposed to ensure tha~: there is no net loss of wetlands pursuant the Collier County Growth Management Plan, Conservation and Coastal Management Element. Off site mitigation will be provided by purchasing credits in the Panther Island mitigation bank adjacent to Corkscrew' Swamp. Preserwation Requirements: EAC Meeting .................................. PUD-99-9 Page 8 of 11 ..................................... January.' 5, 2000 The environmental consultant identified 122.49 acres of native vegetation on site. To be in compliance with the native vegetation preservation requirement of 25% this site would need to commit to a minimum of 30.6 acres on site. They have provided 59-'- acres or 49% of the existing native vegetation in conservation areas. Listed Species: A total of more than 40 hours were spent on site conducting the necessary protected species surveys. The fieldwork was done in May 1999, by three of the biologists working for the consultant. Although a fairly extensive list of species was provided as observed on site. there were no protected species seen on site or evidence that they were utilizing the site. A complete list of observed species is provided in the Threatened and Endangered Species Survey attachment to the EIS. In addition Geza Wass de Czege of Southern Biomes, Inc. completed a more comprehensive Red-cockaded woodpecker (RCW) survey. Geza's report indicated that this property is north of an old RCW colony, with RCW activities last recorded for this area in 1988-1989. Recent surveys conducted by Southern Biomes on several adjacent PUD's for RCW's, indicated that they no longer are colonizing or utilizing these wooded areas. They were not observed on the subject property. The consultant provided a copy of a June 7, 1999 letter received from the Florida Fish and Wildlife Conservation Commission. That letter stated, "The project has the potential to impact the occurrence of a number of listed species, including the Florida panther, Florida black bear, Big C.vpress fox squirrel, wood stork, red- cockaded woodpecker, little blue heron, snowy egret, tri-colored heron, white ibis, gopher tortoise and American Alligator. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. 99-9 and Development Order No. 99-2. "Ronto Livingston" with the following stipulations: Water Management: The petitioner shall obtain all necessary State. Federal and local water management related approvals, prior to final development order approval. EAC Meeting ............................................................................... PUD-99-9 Page 9 of 11 .... Janua~ 5. 2000 e The petitioner shall comply with the Regional Planning Council Staff Recommendations regarding water management related conditions, and shall comply with Collier County's Development Order No. DO-99-2. Environmental: Add the following language to Section 2.11 Native Vegetation Retention Requirements. of the PLT) document, "For this PUD a minimum of 44.96 acres of wetland and upland preserve/enhancement area shall be placed under a conservation easement as required by the Ronto Livingston Development Order. This PUD Master Plan has committed, through the environmental permitting process, to identify and preserve 59 acres of existing native vegetation". Add the following language to Section 4.3 Preserve District - Uses Permitted, of the PLT) document, "Clearing of preserve areas shall not be permitted if doing so brings the remaining acreage below the minimum requirement of 44.96 acres." Add the following language to Section 5.9 Environmental, of the PUD document "As required by the Ronto Livingston Development Order, the petitioner shall follow the United States Fish and Wildlife Service's (USFWS) Standard Protection Measures for the Eastern Indigo snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan shall be approved by the USFWS and shall include: (1) a protectiov_,'education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures, and (3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only an individual who has previously qualified under a USFWS ESA section 10(a)(1)(A) permit, or who has been appropriately authorized by the Flor/da Fish and Wildlife Conservation Commission (FFWCC) will be permitted to come into contact with or relocate an Eastern Indigo Snake." The following is required in the Regional Planning Council (RPC) Staff Recommendations under Vegetation and Wildlife/Wetlands, Recommendation f. "All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 10 (General Project Description), question 12 (Vegetation & Wildlife) and Question 13 (Wetlands), and not in conflict with the previous recommendations, shall be incorporated into the Collier County, Development Order as conditions for approval." This recommendation of the RPC was included as a result of the "numerous unresolved issues concerning the site plan, wetland hydroperiod enhancement and overall /? z5 EAC Meenng ............................... PUD-O9-9 Page 10ofll ...................................... JanuaryS. 2000 mitigation desi~ma" as the data was presented for review. The Ronto Livingston Development Order (DO} shall be amended as requested by the RPC, prior to the DO being submitted to the BCC for approval. Wherever the word "will" is used in the Ronto Livingston Development Order, it shall be replaced with the word "shall". The petitioner shall revise the DRI package to accurately reflect the Master Site Plan, preservation areas and all other environmental and water management sections that Staff has approved through the approval of the PUD document and associated plans. PREPARED BY: STAN CHRZANOWSKt,¥.E. SENIOR ENGINEER DATE BARBARA S. BURGESON SENIOR ENVIRONMENTAL SPECIALIST DATE /7 £ EAC Meetmg ....................................................................................... Janua~ 5. 2000 PUD-90-9 Page II ofll REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE ~ONALD F. NINO, AIC1~ CLqLRENT PLANNING MANAGER B SB/gdN"c:RontoLivingstonStaffReport DATE APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: ~ i) - :ii c-i_ ~-::1 Date Petition Received: Commission District: Planner Assigned: '\,2_ ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Ronto Livingston, Inc. Applicant's Mailing Address City Naples 3185 Horseshoe Drive South State FL Applicant's Telephone # (941) 649-6310 Name of Agent Karen Bishop Agent's Mailing Address City Naples Agent's Telephone # Fax# Firm Zip 34104 (941)649-8870 PMS Inc. of Naples 2335 Tamiami Trail North, Suite 408 State FL Zip 34103 (941) 435-9080 Fax# (941) 435-9082 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 llEARING FOR PUD REZONE - 5/98 PAGE I OF 16 Disclosure of ime:'est Information: ao If the property is owned l~e simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy~ list all parties with an ownership interest as weil as the percentage of such interest. (Use additional sheets if necessary). Nm'ne and Address Percentage of Ownership 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 A. Jack Solomon, President David C. Bennett, Vice President Mark S. Taylor, Vice President 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 2 OF 16 q~ do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP. list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or indivduals, 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: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired 0 leased O: Term of lease If, Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date yrs./mos. and date APPLICATION FOR PUBLIC IlEARING FOR PUD REZONE - 5/98 PAGE 3 OF 16 /?£ o Should any changes oi' ownership or changes in contracts for purchase occur subsequent to the date of appl:caSo~, but prior to the date of the final public hearing, it is the responsibiliW (:..r tt~¢ applicant, or agent on his behalf, to submit a supplemental disclosure of inte., ::s: form~ Detailed legal description of the p_r_0pe_.~r~-v covered .by thc 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: 12 Township: _..48 S Range: 25 E Section: 7 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Page#: Property I.D.# See Attached Metes & Bounds Description: See Attached Size of property~: ft. X ft.= Total Sq. Ft. Acres 462 Address/General location of subject propertE[ North of Pelican Strand, South of Lee. Coun _ty Line, East of 1-75, West of Livingston Road North/South Adjacent Zoning and land use: Zoning Land Use N A None S PUD Residential Golf Course E 1-75 Transportation Transportation W Livingston Rd No/So ~APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE -,$/98 PAGE 4 OF 16 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). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book ~ Page#: Property I.D.# Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Farmlands A Proposed Use (or range of uses) of the property: Residential Golf Community Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations JLDC Sedion 2.7.2.5} Whether the proposed change will be consistent with the goals, objectives and policies and fulure land use map and the elements of the growlh managemenl plan. 2. The existing land use pattern. The possible creation of an isolated distrid unrelated to adjacent and nearby distrids. APPLICATION FOR PUBLIC tlEAR1NG FOR PUD REZONE - $/98 PAGE 5 OF 16 Whether existing distrid boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendmenl Jrezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase lraffic congestion or creale types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projeded types of vehicular lraffic, including adivity during construdion phases of the development, or otherwise affed public safety. 8. Whether the proposed change will create a drainage problem. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 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 suggesled is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in distrids already permilting such use. The physical charaderislics of the property and the degree of site alleration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. APPLICATION FOR PUBLIC IlEARING FOR PUD REZONE - $/98 PAGE 6 OF 16 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 ICode ch. 106, art. Iii, as amended. 18. Such other fadors, standards, or criteria that the board of county commissioners shall deem important in the protedion of the public heallh, safety, and welfare. PUD Rezone Considerations ILDC Section 2.7.3.2.5 The suitability of the area for the type and pattern of development proposed in relation to physical charaderistics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contrad, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangemenls or provisions to be made for the continuing operation and maintenance of such areas and facilities thal are not to be provided or maintained at public expense. Findings and recommendations of lhis type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objedives and policies of the growth management plan. The internal and exlernal compatibility of proposed uses, which conditions may include restridions on location of improvemenls, restridions on design, and buffering and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in lhe particular case, based on determination that such APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - $/98 PAGE 7 OF 16 o' modifications of justified as meeting public purposes to a degree al least equivalenl to literal application of such regulations. Dcod Restridions: The County is legally precluded from enforcing deed restridions, however, many communities have adopted such restridions. You may wish to contad the civic or property owners association in the area for which this use is being requested in order to ascertain whelher or not the request is affeded by existing deed restridions. 10. Previous land use petitions on the sub(ed, 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 Submltlal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless olherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; bo 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 8-1/2'xl 1' copy of site plan), drawn to a maximum scale of 1 inch equals 400 feet, depiding the following IAdditional copies of lhe plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as lhe Environmental Advisory Board (EAB), or CCPC); · all existing and proposed strudures and the dimensions thereof, · provisions tot existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the strudure (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 1o the sile), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architedural rendering of any proposed strudures. do the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 8 OF 16 An Environmental Impad Slatement lEIS), as required by Section 3.8 of go ho Whether or not an ElS 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 submitled. Said aerial shall identify plant and/or wildlife habitals and their boundaries. Such identification shall be consistent with Florida Depadment 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 5edion 3.9.5.5.4.). Statement of utilily provisions (with all required atlachments and sketches); A Traffic Impad Statement filS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meetingl; Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limiled 1o any required state or federal permits. ~,PPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - $/98 PAGE 9 OF 16 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECI~IST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corpora.fi, on. 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans ' 6. EnvironmentalImpact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attaChments and sketches) X 9. Tra'ffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for hms petition, I attest that all of the information indicated on this ch~oklist is included in this submittal package. I understand that failure to include all necessao, submittal information may result in the delay of process this petition. Agent/Applicant Signature for Pvnuc ,r.^R~s~ FOR Pro ~£ZOr~E PAGE 15OF16 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Ronto Livingston, Inc. MAII,ING ADDRESS: 3185 Horseshoe Drive South CITY Naples STATE FL ZIP 34104 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):. LEGAL DESCRIPTION: Section: Section: Lot: Plat Book 12 Township:. 48 S Range: 25 E 7 Township: 48 S Range:. 26 E Block: Subdivision: Page#: Property I.D.# Metes & Bounds Description: e e TYPE TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM X CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PACKAGE TREATMENT PLANT (GPD capacity). SEPTIC SYSTEM OF WATER SERVICE TO BE PROVIDED: COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) X APPLICATION FOR PUBLIC ltEARING FOR PUl) REZONE - 5/98 PAGE 13 OF 16 e 10. 11. 12. TOTAL POPULATION TO BE SERVED: 1380 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DALLY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method ofaflluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT:If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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. Ut~ty P~oe $~atemeat P~M IOft'Y/F; APPP[~ICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 14 OF 16 ,5-/ AMENDED AND RF~TATED SALES CONTRACT THIS AGREEMENT is made this 26 day of 4~nuarv ,1999, by and between: BUYER: SELLER: ESCROW AGENT: RONTO LIVINGSTON, INC. 3185 Horseshoe Drive South Naples, Florida 34104 PAUL E. TOPPINO, Trustee of that certain unrecorded I. amd Trust dated April 15, 1987 3140 Northside Drive Suite I01 Key West, FL 33040 R. SCOTT PRICE, Esq. Kelly, Price, Passidomo, Siket & Solis 2640 Golden Gate Parkway, Suite 315 Naples, FL 34105 WITNESSETH: Wi~.REAS, Seller is the owner of a certain parcel of land located in Collier County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Seller entered into that certain Sales Contract with Daniel N, Guoan for the sale of the Subject Property which contract was dated as of March 19, 1998 (the 'Sales Contract'); and WHEREAS, Daniel N. Guoan assigned his rights under the Sales Contract to Ronto Group, Inc. by Assignment of Contract dated as of July 1, 1998; and WHlgREAS, the Sales' Contract was amended by Amendment to Sales Contract dated August 19, 1998; and WHEREAS, Ronto Group, Inc. has assigned its rights under the Sales Contract to Ronto Livingston, Inc. by Assignment of Contract dated September 18, 1998; and WHEREAS, Seller and Ronto Livingston, Inc. as "Buyer" desire to amend and restate the Sales Contract. NOW, THERF. PORE, in consideration of the foregoing recitals, the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree to amend and restate the Sales Contract as follows: I DEFINITIONS 1. As used in thl.q Agreement, thc following terms shall have the following meanings: 1.01 "Agreement" means this Amended and Restated Sales Contract as it may bo further amended from t/mc to time. 1.02 'F-tT, cfir, Date' means Mamh 19, 1998. 1.03 nD'ate of Execution of thi, Agreement' means the last date on'~,hich Seller and Buyer have both executed this Agreement 1.04 "Subject Property' means: The real property desczibed by the legal dezcfipiion z__n~__ched hereto as tlxh~it 'A' specifically including, but not limited to, all h~metltS, easeilleall~, fights-of-way, ~, tmssage$, water rights, timber and mineral interests, dmimgo rights, and any and all other rights, ~es and privileges thereon or in any way now or hereafter appemining. H 2.01 tMrc~a~o and Sale. Buyer agrees to pumtnkqo from Seller and Sellex agrees to sell to.Buyer the Subject Propon'y under the terms and conditions set forth herein. III PRICE AND PAYMENTS 3.01 The total price shall bo (the ). account to be held and disbursed as provided deposited into escrow with Escrow Agent [whlch was deposited into an interest bearing Agreement. 3.03 Balance of Purchase Price. The balance of the Purchase Price, after adjustments as provided herein, shall be paid by Buyer to Seller by confirmed wire transfer of funds to an account designated by Seller. 2 3.04 Additional Buyer agrees to pay SeUer per month every seventeenth (1 month occurs 1999, (which date is arbitmffiy agreed to regardless of the date of execution of this Agreement) which payments shall not be credited against the Purchase Price and which shall be non-refundable unless Seller defaults hereunder. Such payments shall be by wire transfer, cashier's cheek or attorney trust account cheek payable to David G. Budd, Attorney, Trust Account. The failure of any such payment tc >e made within three (3) business days of its due date shall constitute a default hereunder. CLOSING 4.01 Closln=~. The 'CloSing- shall occur on or before tho eszlier of December 31, 2000 or the dat~ Buyer closes on the !nnd contiguous to the Subject Properly pursuant to the agreement with }'ohn Vega, Zr., 'lkustee and Ronald L. Brown, dated December 22, 1998. Closing hereunder is not contingent on such a closing under that agreement; however,' a default by Buyer under that ~t, unless cured by Buyer by agreement with Seller within thirty (30) days of any such default, shall also be a default hea~mder. Tho Closing may be sooner than such date so long as Seller receives fifteen (15) days written notice thereof. F_aflnm of Buyer to close within forty-five (45) days of providing such notice of an early closing shall be a default h~der. The Closing shall occur at the office of Kelly, Price, Pasaidomo, Siket & Sells in Naples, Florida, by ma,'l; or at another location mutually agreed upon by the parties. 4.02 CI~ Costs. (a) Seller. Seller will pay the cost of the doo~m~ stamps to be affixed to tho ~ ('u~ a One Hundred Fifty and 00/1 O0 Dollars ($150. 00) credit to Buyer in lieu of an abma/x; (ih') preparation and recordation of any in~trument~ ~ to correet title; (iv) credits, prorations and other costs as desen'bed herein; and (v) Seller's altomeys' fee&. (b) Buyer. Buyerwillpay (i) thecosts of Buyct°s Title Insurance; (hi tho cost of recording the Deed; and (iii) Buyer's attorneys' fees. 4.03 execute and deliver Doo,ments to be Delivered by Seller at Closim,. At ~Closing, Seller or cause to be delivered to Buyer executed origin~ of the followih~ (a) The Special Warranty Deed. (b) Affidavit of bio Lien and 'gap" Affidavit as required by the Title. Insurance Company issuing title insurance to Buyer. (c) Affidavit ia compliance with the Foreign Investment in Real Property Tax Act of 1980, as mended, affirming that the Seller is not a "foreign person" as defined by the Internal Revenue Code. ; ' '~ (d) Such othe?~documents as may be rea~nably required to be executed and delivered to complete the transaction contemplated hereunder. (e) Evidence satisfactory .to Buyer's Tire Insurance Company that Seller has duly authorized and executed the documents required hereunder. Seller shall deliver copies of all documents to be delivered at Closing to Buyer's attorney not less than five (5) days prior to Closing. 4.04 .Documents to be Delivered by Buyer nt Ci.~n~. At the time of Closing, Buyer shah execute and deliver or cause to be delivered to Seller, executed originals of such documents as may be reasonably required to be executed and delivered to comple~ the tran.~naction contemplated hereunder. . Buyer shall deliver copie~ of all documents to be delivered at Closing to Seller's attorney not less than five (5) days prior to Closing. V 5.01 Title. (a) V~r~hia thirty 00) days prior to Closing, Buyer shall obmin an abstract of title ~ through such ~_~rtieth day (the "Abstract.'). (Seller previously provided Buyer with such an Abstract which shall be relnmed to Seller if Buyer doe~ not lmrCimso the Subject ~). There shall be no exceptions or clouds to ~ appearing of xecord which were created afar the date of execution of thi.~ Agreement. Otherwise, Buyer is buying the Subject Property. 'AS IS', without exception for title, access, survey, hazardous waste, or any other issue affecting ownership, marketability or development of th~ Subject Property. Co) Buyer or Buyer's attorney shall give written notice to Seller of any objections by Buyer to the Abstract as defined herein within fifteen (15) business days after Buyer receives the Abstract. Buyer shall not be required to mak~ objection to the existence of any mortgage Hen, materlalmea or mechanic's lien, assessment lien or any other lien encumbering the Subject Property, all of which are hereby deemed to be rifle objections which Seller agrees to cure on or before Closing. Seller shall have a reasonable time, not to exceed ninety (90) days, to cure any fire defects. If Seller fails after due diligenc~ to cure any rifle defect as to which Buyer gives Seller nOtice, Buyer shall have the option to terminate thin Agreement by written notice to Seller, whereupon this Agreement shall terminate and the Escrow Agent shall deliver the ~:~rnest Money Deposit to Buyer. In the event Buyer terminates this Agreement pursnant to this Section, Seller shall bear all Buyer's out-of-pocket expenses from the date of execution of this Agreement through the date of termination. In the alternative, Buyer shall have the right to acc~t the rifle in its then 4 existing condition and proceed to Closing as otherwis~ provided herein. 5.02 Affidavits. At the Closing, Seller shall provide Buyer with an Affidavit of No Lien and such additional documentation as is required in such form as is reasonably necessary, which affidavit shalI (i) run to the benefit of Buyer and Buyer's Title Insurance Company, (ii) be in form and content acceptable to Buyer's Title Insurance Company and (iii) contain without limitation the following information: (a) That there are nO outstanding unrecorded contracts for sale, options, leases or other arrangement with respect to the Subject Property to any person other than Buyer. Co) That no construction or repairs have been made by Seller nor any work done to or on the Subject Property by Seller which have not been fully paid for, nor any contract entered into nor anything done the consequence of which would re,mlt in a lien or a c~im of lien to be made ag~n~ the Subject Property pursuant to Chapter 713, Florida St/~utes or than Seller. (cO That ther~ am no findings in the office of the Clerk of the C'irafit Court of Collier County, Florida, nor in tho office of tho Secre/ary of Sure, State of Florida, which indicate a lien or sec~ rlty inteIe..st in, on or under the Pa_m.,el which wiIl not be ~leasod or tenninatecl at Closing. WARRANTIES AND REPRESENTATIONS 6.01 Seller*s Warranties. Seller makes no represen~tlons or warranties concerni.ng the Subject Property as of the F..ffectivo Date and Buyer is buying the propezty."AS IS", except Seller will maim ~_ho following repre~n~_t!ons and warranties concerning tho Subject Property which shall apply only for those matters listed below which are created only during the period from the date of execution of this Agreement through the Closing Date. (a) That Seller has good, insurable rifle to the Subject Property, free and clear of aH Hens, encumbrances and restrictive covenants, except as otherwise set forth in this Agreement or disclosed in the Abstract. (b) That to the best of Seller's knowledge there are no special assessments against or relating to the Subject Property and ff there axe any, Buyer will take subject thereto and be solely responsible thereof. (c) That no goods or services have been contracted for or furnished to the Subject Property under contract with Seller which might give rise to any construction lieps /~ ~6 affecting ail or any part of the Subject Property. (d) That Seller has not entered into any outstanding agreements of sale, options or other rights of third parties to acquire an interest in the Subject Property. (e) That Seller has not entered into any agreements which are not of record with any state, county or local governmental authority or agency with respect to the Subject (O That Seller has full power to sell, convey, transfer and assign thc Subject Property on behalf of all parties having an interest therein. (g) That to the best of Seller's knowledge, without duty of inquiry, the Subject Prope~ is in full compliance with all al~licable eilvh'onmeatal laws and including, without limltation~, tile Federal Comprehensive ~u-viwnmolltal Compensation and L/ability Act of 1980 as ameaded from time to time, also known as 'Supeffund', the Federal Reso~ Consen-afion and Recovery Act of 1976, as amended'from Hme to time, and the State of Florida's 1974 Resource Recovery and Mamgement Act, as amended from time to time. There are no ha~rdous substances, wastes or materlal.q whatsoever located on the Subject Pwpe~ in violation of hw. Tho Subject Property has not been used in thepast for the storage, discharge, xdease or disposal of ha2ardous substances, wastes or matefial~ in vio!a_0on of hw and Seller ha.~ received no notice that any environmental violations exist with respe~ to the Subject Pwpe~. (h) That to the be~t of Seller's knowledge, there am no pending or threatened condemnation or similar proceodin~ affecting tho Subject Pwperty, and that Seller shall notify Buyer in writing of any changes affecting tl~l.~ repre.qen/ation prior to the Closing. (i) That this Agreement and all documeot,s exeomxl by Seller wMch are to bo delivered to Buyer at Closing am, or at the time Closing will be, duly authorized, executed and delivered by tho Seller, and are, or at tho time of ~_~l~in~, Will be, tho legal, valid alld binding obligation of Seller, and arc, or at the time of Closing will be, sufficient to convey tire, and do not, and at the time of Closing will not, viohte any provisions of any agreement or judicial order affecting Seller or the Subject Property, except as may rehte to legal accer, s. (j) That to the best of Seller' s knowledge, there are no viohfions of any hw, statute,, reguhfion, code, ordinance or zoning condition (the 'Applicable Laws') with respect to the Subject Property or any improvements thereon. Seller shall promptly comply with the Applicable Laws at Seller's sole expense. Seller slmll deliver to Buyer any notice of violation of Applicable Laws received by Seller prior to or after Closing. (lc) That there are no litigation or admlni.qtrative proceedings pending, or to the best of Seller's knowledge, threatened which affect the Subject Propen-y, except as may rehte to legal access. ~' /r~ 6 PERMYrTING 7.01 Development Approval Process. Between the date o£ zxecution of this Agreement and the Closing Date, Buyer shall, at its sole cost and expense, diligently apply for and seek approval for a Development of Regional Impact ('DRI') ordinance and rehted zoning and development approvals as are necessary for construction or installation on the Subject Property of residential units and a goff course with rehted _~meaities and infrastxucture. None of the foregoing approvals shall be a condition of Closing. Seller agrees to join in and execute any zoning, p~rmitting or other l~lated appli~lIjons in any way connected to such intended development or zoning approval~ as may be requ~ by governmental or regulatory authority at no cost or expense to Seller. Seller shall in no way be responsible for on or offsite infrastructure, mitigation, or other costs of improvements associated with the Subject Pwperty. NOtwithstanding the foregoing, Seller shall be entitled to r~view and approve, in its reasonable discretion, all dev~opment or zoning submittals Buyer intends to make COllcemlng tho Subject Propprty prior to such submittal(s). Seller's approval thereof shah not be unreasonably conditioned; withheld or delayed. Further, Seller's ~ to approve or disapprove of any such proposed submittal within ten (10) busines~ days af~r~ thereof shall be deemed to be Seller's approval thereof. 7.02 Righ_ t of Entry_. (i) Seller heaeby grants to Buyer and Buyer's agents, servants, employees, contractors and other representatives, from and after the date of execution of this Agreement, a right of entry upon the Subject ~ for the purpose of making surveys, eagineer~g, ~ and zub~ soil test and analysis, inspections and tests of or I~rt~inlng to tho development and any and all other use of the Subject Property. Buyer shall not permit any Hens to be attached to tho ~IX~ a~ a result of its activities heaeunder and shall promptly bond off any such liens filed against the Subject Property at no cost to Seller. Buyer shall indemni~y, defend and hold Seller harmless from and agaln~ any costs, damages, claims or liability su.~ined or impo.sed ~ a result of personal injury or pwperty damaged caused by or to Buyer or its representatives during the performance of such activities, and including any propea~ damage or injury to Buyer or/ts recitatives arising from. the presence of or Buyer's or its agent's discove~ of any condition, including the presence of hazardous sub ~s~_ n_ces, wast~ or materials on or under the Subject Property. Buyer agrees to IBaln~in throughout the ~ Of th~ Agreement liabll/ty insurance naming Seller as an insured party with coverage of One Million Dollars ($1,000,000.00) per person and Two Million Dollars in the aggregate with thirty (30) days prior notice to Seller of any cancellation. In the event this trao~ction f~ils to close, Buyer shall restore the Subject Property to substantially the same condition as ex/sting on the Effec~ve Date. (ii) If prior to Closing, Buyer discovers any hazardous substances on the Subject Property or desires to remove any exotic vegetation therefrom, Seller shall permit Buyer, if Buyer so elects, at Buyer's sole cost and expense, to "cleaa-up"' such substances in accordance with government reguhtions or to remove such exotics at Buyer's sole cost and expense all in accordance with a plan requiring Seller's approval exercised in its reasonable discretion. Closing is not contingent upon the outcome of any such tests. 7 VIII CLOSING PRORATIONS 8.01 Real Estate Taxes. Real estate tax~s and tangible personal property taxes, ff any, shall be prorated on the basis of the f-re:al year for which the Subject Property has last been asse~xl. If a Closing date shall occur before the tax rate is fixed, the proration of taxes shall be upon the basis of the tax rate for the next preceding year applied to the htest assessed valuation. The parties agr~ that upon receipt of the actual tax bill, the Subject Prope~ taxes shall be reprorated and readjusted within tea (10) business days after a writtea request from the party seeking readjustment. If the actions of Buyer muses the Subject Property to be ~ as non° agricultural property, the foregoing prorations shall be based on the assessment of the property as if it were agricultural land. 8.02 Income and Expenses. Seller shall bo entitled to receive all income in respect of the Subject Pwperty and Seller .~h~n bo obligated to pay all expense for all t~m~e periods prior to the Closing date. Buyer shall be entitled to receive all such income and shall be obligated to pay all such expenses for all time periods commellCing with tho Closing date. The pwvi~ions of this Article VHI shall survive Clo.qlng. 9.01 Assessments. Buyer agrees that the~ are no certified, confinned and ratified special ~ent Hens as of Mamh 19, 1998 to be paid by Seller. Pending liem as of March I9, 1998 and thereafter shall be assumed by Buyer. X EMINENT DOMAIN: CASUALTY I0.01 Eminent Domain. If, be. gore Clos'mg, proceedings are commenced for the taking bj~ exercise of the power of eminent domain of all or a material part CLe., more than $0~) of the 'Subject l:'rope~ wMch would render tho Subject Prq~rty unacceptable to Buyer or unsuitable for Buyer's Intended Uso, Buyer shall have the fight, by giving notice to Seller within thirty (30) days after Seller gives written notice of the commencement of such proceedings to Buyer, to terminate this Agreement, in which event this Agreement shall terminate and tho P-a rnest Money Deposit shall be refunded to Buyer. If, before tl~ Closing date, Buyer .has the right to terminate this Agreement pursuant to the preceding.sontence but Buyer does not exercise such 'right, then th/s Agreement shall remain in full force and effect and, at Closing, the condemnation award (or, if not theretofore rccdved, the right to receive such award) payable on account of the taking shall be Wansferred to Buyer. Seller shall give written notice to Buyer promptly after Seller's receiving notice of the commencement of any proceedings for the taking by exercise of the power of eminent domain of ali or any part of the Subject Property. Buyer slmll have a period up to thirty (30) days after Seller has given the notice to Buyer required by this Paragraph 10.01 (the "Evaluation Period") to evaluate the extent of the taking and make the determination as to whether to terminate this Agreement, subject to the requirements that in no event shall the 8 OPlm=4t'rxol~_O~' ~ l~Ol~T~l~ mzOlr'l~$ CO~N .3ubJect ~ u ~, b~d~ or~amcad~ or z~talml fi-om M,~,~ 19, 1998 Iv 01/26/99 TT.,~ X2:48 FAX I 941 RO$ 0998 10 BUDD KR'I.,'~CKE~F_.~G BENNEq-f If to Seller: with a copy to: If to Buyer. with a copy to: Paul B..Toppino, Trustee of that certain un_recorded Land Trust dated April 15, 1987 3140 Northside Drive Suite 101 Key West, FL 33040 David Budd, Esquire Budd& Bennett Beasley Building Suite 201 ' 3033 Riviera Drive Naples, Florida 34103 Route Livingston, Iue. 3185 Horseshoe Drive South Naples, Florida 34104 R. Scott Price, Esq. Kelly, Price, Passidomo, Siket & Solis 2640 Golden Gate Parkway, Suite 315 Naples, Florida 34I 05 14.02 ~tire _Agreement. This Agreement constitutes the entire agreem~t of the paxfi~ with ~gard to the transaction dealt with hexcin. Buyer and S~I~r agree to keep the existence of this ~ent and the terms and conditions hereof confidential except as necessary to enable tho tntrties to comply with the terms and conditions hereof and to eaab~ Buyer to conduct its duc diligence and secure permits and approvals for Buyers Intended Use. 14.03 ASs'_~nment. Buyer may not assign any part or all of this Agreement except to an entity or investment vehicle in which Buyer holds a ~bstaufial equity interest, (',-e., ten percent (10 $))which entity is of equivalent or belier fiuanchl strength. Buyer shall provide proof thereof. Otbexwi~, this Agreement shah be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, heirs, succes~rs and assigns. 14.04 Time is of the Essence. Theparties acknowledge that time is of the essence for each time and date specifically set forth in this Agreement. 14.05 Modification. The parties agree that this Agreement may be modified only by a written instrument signed by all parties hereto. 14.06 Attorneys' F~_-.. In the event of any litigation between the parties arising out of this Agreement or the collection of any funds due to the Buyer or the Seller pursuant to this Agreement, the prevailing party shall be en_fi, fled to recover all costs incurred, such costs to include without limitation reasonable attorneys and legal assistant fees and costs, also including, said fees and costs on appeal and in any bankruptcy proceedings. 11 G,T/2U/~V .......... "'" ' 'J'NV'Z~'gg g~aZ, gPii Fit01i-T~ IIONT0 GROUP TO 194 l~A~:J98 P. 03 g416408B?0 T'fiT P.R/0Z /99 EXI-{I'B~ "A" The North ½ of thc Northeast 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida. LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property legally described as (See Attached Leqal Description). The property described herein is the subject of an application for zoning and development. We hereby designate RONTO LIVlNGSTON~ INC. as the legal representatives of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hidng and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and all development approvals on the site (including S.F.W.M.D. and A.C.O.E. permitting). DATE Dewey R. Garqiulo, Trustee Printed Name STATE OF FLORIDA, COUNTY OF ~'~) / ~_/ Sworn to (or affin:~ed) and subscribed before me this ~ day of 19 ~ ~; by, ..~ ~ ~ c-~ L~/o vwho is personally known t6 ........ OFFICIAL NOTARYSEAL"i sm~.wNo~ cmu~n' I Nor~¥ Pu~uc sr^~ oF m~m~x I COMML~ION NO. CC?~M3 .N_..y__CO_ M~4~SS[ON EXP. MAY lZ20e2 I; (Name typed, printed or stamped) Real Property Description Parcel B All of Section 7, Township 48, South, Range 26 East, lying west of Interstate Highway 75 Right-of-Way, less and except the following described property: All that part of Section 7, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the southwest comer of said Section 7; thence N. 00*58'48" W. along the westerly line of said Section 7 a distance of 1403.26 feet; thence leaving said westerly line S. 89*36'51" E., a distance of 3481.69 feet to the westerly right-of- way line of State Road 93 (Interstate 75) also being a point of intersection with a non tanget)t curve, concave westerly, having a radius of 5567.58 feet and a central angel of 01 '38'41', thence southerly along said right-of-way line and the are of said curve a distance of 159.82 feet, said are subtended by a chord which bears S. 00*28'34" E. along said fight-of-way line a distance of 1243.21 feet to an intersection with the southerly line of said Section 7; thence N. 89*37'03" W. along said southerly line a distance of 844.29 feet to the south quarter comer of said Section 7; thence N. 89'36'51" W. along said southerly line a distance of 2627.36 feet, to the Point of Beginning of the parcel herein described. ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE N'L,'MBER 91-102 THE COLLIER COL,~TY LAND DEVELOPMENT CODE WHICH INCLLrDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE L,~CORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENIDING THE OFFICIAL ZONING ATLAS MAPS N-t.rMBERED 851112, $607N AND g60?S: BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL WITH "ST' OVERLAYS TO "PUD" PLAN'NED UNIT DEVELOPMENT KNOWN AS THE RONTO LIVINGSTON PUD FOR A MIXED RESIDENTIAL DEVELOPMENT OF NOT MORE THAN 1,380 DWELLING L~'ITS FOR PROPERTY LOCATED GENERALLY EAST OF THE II.rTL'RE LIVINGSTON ROAD. WEST OF INWERSTATE 75. AND EVIMEDLa. TELY CONTIGUOUS ANrD SOUTH OF THE COLLIFK/LEE COUNTY BOUNDARY IN SECTIONS 7 ANT) 12. TOWNSHIP 48 SOUTH, RANGES 25 EAST AND 1L&NGE 26 EAST, COLLIER COLrNTY, FLORIDA. CONSISTING OF 462.72+ ACRES: ANT) BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Karen Bishop of PMS Inc of Naples, representing Ronto Livmgstom Lac., petitioned the Board of County Comn'Ussioners to change the zoning classification of the hereto 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 Sections 7 and 12, Township 48 South, Ranges 25 East and Range 26 East, Collier County, Florida, is changed fi.om "A" Rural Agricultural with "ST" Overlays to "PUD" Planned Unit Development in accordance with the Ronto Livingston PUD Document, attached hereto as Exhibit "A" and incorporated by reference hereto The Official Zomg Atlas Maps Numbered 851112, 8607N and 8607S as described in Ordinance Number 91-102, the Colher County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon fflmg with the Department of State. PASSED AND DULY ADOPTED by the Board of County Comrmssioners of Collier County, Florida, this ___ day of 2000. BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY. FLORII)A ATTEST: DWIGHT E. BROCK. Clerk BY: TIMOTHY J. CONSTANTINE, CHAIR.MAN Approved as to Form and Legal Sufficiency Ma/lone M. Student Asszstant County Attorney PUI)-99-09/ORD[NANCEryS -1- AGENDA~ I.T~ " NO JAN252000 [ RONTO LIVINGSTON A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING RONTO LIVINGSTON A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Livingston, Inc. 3185 Horseshoe Drive S. Naples. FL 34104 PREPARED BY: PMS, INC. of Naples 2335 Tamiami Trail North Suite 408 Naples, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 1 / 13/00 JAN g 5 2000 INDEX PAGE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership, Legal General Description and Short Title Project Development Residential Development Areas Golf Course, Open Space Preserve District General Development Commitments 111 1-1 2-1 3-1 4-1 5-1 6-1 AG E N DA~tTF-,,~ JAN 2 5 2000 LIST OF EXHIBITS AND TABLES EXHIBIT "A" TABLE I TA'BLE II Planned Unit Development Master Plan Land Use Summary Development Standards ii AG E N D/~T Ev~VI JAN 2 5 2000 p~. 7°_ STATEMENT OF COMPLIANCE The development consists of 463+/- acres of property in Collier County as a Planned Unit Development to be known as the Ronto Livingston PUD which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The Ronto Livingston PUD is a single and multi- family residential community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The total acreage of the Ronto Livingston PUD is 463 +/- acres. The maximum number of dwelling units to be built on the total acreage is 1380. The number of dwelling units per gross acre is approximately 2.98 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The projected density of 2.98 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units per acre as a base density with I unit per acre adjustment due to the project interconnection from Livingston Road North as well as Livingston Road East, for a maximum of 5.0 units per acre. The subject properly is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. o The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 .H and 3.1 .L of the Future Land Use Element. ° The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 111 AG E U D/k~,.I~T .E~ No ~ JAN 2 5 2000 P,q. 7/ ~ 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of RONTO LIVINGSTON PUD. LEGAL DESCRIPTION Parcel A (79.984 Acres) North 1/_, of the northeast ~A of Section 12, Township 48 South, Range 25 East, Collier County, Florida. Parcel B (382.739 Acres) All of Section 7, Township 48 South, Range 26 East, lying west of Interstate Highway 75 Right-of-Way. Total Acreage = 462.723 PROPERTY OWNERSHIP The subject property is owned by Ronto Livingston, Inc. 1.4 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located to the North of the Pelican Strand PUD; bordered on the east by 1-75: the Collier / Lee County line is the north property line; a portion of the western property borders along Livingston Road North. Bo The zoning classification of the project prior to approval of this PUD document was "Agricultural". PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 7. Bo Water management facilities for the project will be designed and constructed serving 463+/'- acres of residential lands discharging via the Interstate 75 right-of-way with drainage conveyance. Elevations within the site vicinity are fiat. The elevation of the subject site is approximately thirteen feet (13') above mean sea level. The entirety of the site lies within Flood Zone "X" according to Firm Map//120067 0195 D, map revised June 3, 1986, Firm Map #1=,q43~i~ · I O map revised June 3, 1986 and Finn Map #120067 0185 D, map revised June 3, 1986. ! JAN~5 2000 Do Surficial sediments on, and in the vicinity of the project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the project include Malabar Fine Sand, Basinger Fine Sand and Boca Fine Sand. 1.6 PROJECT DESCRIPTION The Ronto Livingston PUD is a residential single family and multi-family community with a maximum of 1380 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "RONTO LIVINGSTON PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 A G E N D/~I T~,/~ No. ~ t I I"~ JANg52000 [ / SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL mo Development of the Ronto Livingston PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo 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. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Ronto Livingston PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Bo Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 AG E N D~,,,,.~T F.~ Nc, I!rg JAN 2 5 2000 Pcl..~~__....._~ 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. RONTO LIVINGSTON LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Residential 1380 463 +/- (gross) Open Space @ 60% N/A (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 277 +/- 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo Prior' to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of HoNda. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 JAN 2 5 2000 2.5 2.6 2.7 Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Eo Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs shall be permitted principal uses throughout Ronto Livingston PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the Master Association, the Developer will create a property owner association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Ronto Livingston PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 AG E ND.~ ~,,~T E I~ JAN 2, 5 2000 2.8 DESIGN GUIDELINES AND STANDARDS 2.9 Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated Seven (7) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Ronto Livingston PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Ronto Livingston PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Sectio- 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and~xq'~i-e~~ Planning Services Director determines to be compatible. 2.4 JAN g 5 2000 ~-- B. Development Standards: 2.10 2.11 Unless otherwise set forth in this document, the following developrnent standards shall apply to structures: o Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking into the Immokalee Road right-of-way. 2. Setback from exterior property lines - one half (1/2) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. o Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 277+/- acres included in the Recreation, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS For this PUD a minimum of 30.6 acres of native vegetation shall be preserved. This PUD Master Plan has committed, through the environmental permitting process, to identify and preserve 59 acres of existing native vegetation. 2.5 AG E NDj~TF-v~ JAN 8 5 2000 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R'. MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 1380. The property contains a gross acreage of 463+/- acres and base density of 2.98 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. ^~N~ J'~,~.~ NO. ~ 3.1 JAN ~ ~ 2000 ~-' B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3. Common area recreational and utilitarian facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Ronto Livingston PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table II shall be established during the Site Development Plan Approval phase as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Fo Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed within the same development tract. 3.2 TABLE II RONTO LIVINGSTON COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Two Family Single Family Multi- AND STANDARDS Family Line and Duplex Attached and Family Detached Townhouse Dwellings Category I 2 3 4 5 Minimum Lot Area 5.000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' 35' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20'*3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' one story 0 or 7.5' 5' 5' 7.5' two story Rear Yard Accessory 10' 10' 10' 10' 10' Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet Distance Between Principal Structures 10' 10' 10' one story 10' 20' *7 ' 0 or 15' two story Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF Minimum lot areas fl~r any unit type may be exceeded. The unit type, and not the minimun~ lot area, shall define the development standards to be applied by the Customer Services Department during an application fl~r a building permit. Fnr all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application fi)r the first building permit. The conceptual exhibit may be modified as needed. All distances arc in feet unless otherwise noted. * 1 - Rear yards filr principal and accessor3,' structures on lots and tracts which abut lake. open space, or preserve areas. Setback from lake for all principal and accessor3, uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Engineering Review Section. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. *2 - Building height shah be the vertical distance measured from the first habitable finished flnor elevation to the uppermost finished ceiling elevation of the structure. *3 - Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 15' for the garage. *4 - Each half of a duplex uni[ requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 - Minimum kit width may be reduced by 20~ fltr cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Zern feet (0') minimum side setback on either nr both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, lxlols and screen enclosures may encroach into the 10 fl}or principal structure separation and may attach to the adjoining dwelling provided as easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application flit the first building permit. This conceptual exhibit will be used to determine the 10 filot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 - Building distance ma3 be reduced at garages. 3.3 JAN 2 5 2000 SECTION IV GOLF COURSE, OPEN SPACE 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf Courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. o Open space uses and structures such as, but not limited to, boardwalks, nature trails. bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. golfPr°-sh°pS'course practiCemaintenanceareas yards.and ranges, golf cart barns, rest rooms, shelters sn~-- 4.1 ! JAN g5 2000 4.3 Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types oI accessory facilities intended for outdoor recreation. o Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. DEVELOPMENT REGULATIONS Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty - five feet from all PUD boundaries and residential tracts. Bo Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Co Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or thirty feet (30'). 2. Accessory Structures - 1 story or fifteen feet (15') E. Minimum distance between principal structures - ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. N O. ~,=.~,,~ 4-.2 ~ JAN 25 2000 5.1 SECTION V PRESERVE DISTRICT PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Ronto Livingston PUD community designated on the Master Plan as the Preserve District. 5.2 5.3 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Ronto Livingston PUD residents. USESPERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional. State and Federal permits when required; A. Principal Uses 2. 3. 4. 5. 6. 7. 8. ' Parks, passive recreational areas, boardwalks. Biking, hiking, and nature trails. Equestrian paths. Wildlife sanctuary. Pathways and or bridges, subject to appropriate approvals by permitting agencies. Recreational shelters and restrooms, in Preserve upland areas. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve District. Clearing of preserve areas shall no be permitted if doing so brings the re '~----~ below the minimum requirement of 30.6 acres. 5.1 ~ JANgS2000 5.4 DEVELOPMENT STANDARDS mo Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to the design. Lighting faciliti~: hall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty7five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Ronto Livingston Community Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns including a.ny, the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 AG E N DA-gJ-E,J¢ J/~N 2 5 2000 6.1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 6.3 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this document. PUD MASTER PLAN mo Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code. PUD amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Co The following shall be considered minor changes and refinements, subject to the limitations of Section 6.3A of this PUD: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into pre~~~'~ I JANg5 2000 6.4 Reconfiguration of design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION mo Bo Co Initiation of construction on the Ronto Livingston PUD project is contemplated in the calendar year 2000 with completion of the project infrastructure anticipated to occur in stages. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. The Project is subject to the sunsetting provisions of Section 2.7.3.4 of the Land Development Code. 6.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A perimeter berm if required shall be in conformance with Section 2.4.4.18 of the Land Development Code. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. Ne. ~ Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. JAN 2, 5 2000 Sidewalks / bike paths shall conform with subsection 3.2.8.3.17 of the Land Development Code. 6.2 Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the Land Development Code except as follows: Cul-de-sacs and local streets less than one thousand feet (I ,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other cul-de-sacs are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. o All other local streets are required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the Land Development Code. Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10. of the Land Development Code. Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14 of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. Land Development Code, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Land Development Code, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. Land Development Code, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. Land Development Code, Subsection 3.2.8.4.16.9: The minimum 100 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. Land Development, Code Subsection 3.2.8.4.21: The standard for blank shall be waived. 6.3 utility casings r AGEN D~ ~TE,~ JAN g 5 2000 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following condition~. The applicant shall install arterial level street lighting at the project entrance prior to the granting of any Certifications of Occupancy for the Project. Bo Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. Co The project access shall be located and designed in accordance with the Collier County Access Management Plan applicable to this Project. Do Ronto Livingston Development will be reviewed in accordance with Division 3.15 of the Adequate Public Facilities provisions of the Land Development Code. For the north/south Livingston Road segment fronting the Ronto PUD, the Developer shall dedicate and convey 50 feet of fight-of-way in fee simple title along with a 15 foot wide utility easement or right-of-way easement. For the Livingston Road east/west segment, the Developer shall dedicate and convey 200 feet of fight-of-way in fee simple title north of the section line to Section 12. This north/south and east/west specified fight-of-way and utility easements shall be transferred to Collier County within 6 months of the official start of land development construction activities or no later than January 1,2002 whichever date is the earlier. The County shall grant appropriate road impact fee credits for the required right-of-way and utility easemen Collier County shall pay an amount for the right-of-way based on professional land appraisals for market value prior to establishment of the PUD. The Developer shall be financially responsible for the cost of revising and supplementing County roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the Ronto DRI. As a condition of the approval by Collier County of the permanent access along north/south Livingston Road, the Developer shall obtain a written statement of no objection by the Lee County Transportation Department. Ho The Developer shall be financially responsible for the cost of removing, relocating, and replacing existing Florida Power and Light Company power facilities along north/south Livingston Road in the vicinity of the Ronto DRI. The Developer shall physically and legally provide lake or pond storage for stormwater attenuation and stormwater water quality for the built-out segments of the proposed east/west Livingston Road segment fronting the Ronto DRI. Collier County shall negotiate an appropriate compensation to Developer for such provisions as part of an agreement for roadway access construction and right- of-way conveyance. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such stormw0le~--^GEND~--Z-r~,. management commitments. No ~ 6.4 JAN g 5 2000 The Developer shall pay its fair share cost of traffic signals required at the Ronto DRI access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. Ko The Developer, or its assigns shall be perpetually responsible to implement and maintain noise mitigation/abatement systems along the north/south and east/west segments of Livingston Road resulting from vehicular traffic forecasts under 2 lane, 4 lane, 6 lane, and built-out conditions to the extent necessary based on noise studies by the Developer. Lo The Developer shall be financially responsible to design and construct approved roadway access and turn lane facilities for north/south and east/west Livingston Road segments on either or both the two lane and four lane conditions. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. Ronto Livingston Development will be responsible for extending the utilities to its entrance. 6.5 AG E N D"~ J~,,TE J~J. JAN 2 5 2000 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditior, Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. Co Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fres*' Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. Fo "As required by the Ronto Livingston Development Order, the petitioner shall follow the United States Fish and Wildlife Service's (USFWS) Standard Protection Measures for the Eastern Indigo Snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan shall be approved by the USFWS and shall include: (1) A protection/education plan; (2) A listing of environmental personnel charged with overseeing/coordinating protection measures, and (3) Selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only on an individual who has previously qualified under a USFWS ESA section 10(a)(l )(A) permit, or who has been appropriatley authorized by the Florida Fish and Wildlife Conservation Commission (FFWCC) will be permitted to come into contact with or relocate an Eastern Indigo Snake." 6.10 ENGINEERING mo This project shall be required to meet all County Ordinances in effect at the time final construction documents are submittal for development approval. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Co Prior to Final Site Development Plan approval a Right-of-Way Permit will be re, 6-6 AG E N D,i~'T FT~ JAN 2 5 2000 6.11 WATER MANAGEMENT mo A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Co The petitioner shall obtain all necessary state, federal and local water management related approvals, prior to final development order approval. Do The petitioner shall comply with the Regional Planning Council Staff Recommendations regarding water management related conditions, and shall comply with Collier County's Development Order No. DO-99-2. 6.7 AG END~,~J~'E~ No ~ JAN g 5 20O0 6.12 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 6.14 6.15 6.16 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the Land Development Code. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. SIGNS All signs shall comply with Division 2.5 of the Collier County Land Development Code in effect at the time of building permit application. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: mo Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County Land Development Code whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 of the Collier County Land Development Code are applicable. 6.8 JAN 2 5 2_000 UVIN(~,.~TON ROAD EXTENSION RONTO LiV)A)GSTON JAN ~ 5 2000 EXECUTIVE SUMMARY PETITION PUD-99-04, ROBERT L. DUANE, AICP, HOLE, MONTES AND ASSOCIATES, REPRESENTING NORTH PORT DEVELOPMENT, INC., REQUESTING A REZONE FROM "CON" CONSERVATION AND "RT" RESORT TOURIST TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NORTH PORT BAY PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 248 MULTI-FAMILY DWELLING UNITS, ON PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 IN PORT-OF-THE-ISLANDS IN SECTION 4 AND 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 49.96 + ACRES. OBJECTIVE: This petitioner wants to consolidate two zoning districts "CON" Conservation and "RT" Resort Tourist into a "PUD" Planned Unit Development District for the purpose of allowing a multiple family residential development of not more than 248 dwelling units to occupy the aggregated existing zoning districts (49.96 acres) in a manner that better utilizes the combined areas while preserving the same amount of open space and density as otherwise allowed by the current zoning districts. CONSIDERATIONS: This petition does nothing to change what could otherwise be constructed on this property, except that the spatial arrangement of residential structures on the property will be different in terms of the land they occupy. This proposal involves aggregating 18.77 acres of land now zoned "RT" Resort Tourist and 31.19 acres of land zoned "CON'' Conservation but would still preserve those lands of major concern to the state. Furthermore, the applicant proposes a reduction of the total number of dwelling units fi.om 300 to 248 and an increase of open space fi.om 25 acres to 31.1 acres. If approved the development plan will provide the following: 1. Three preservation/recreation tracts with a combined preservation area of 15.32 acres (Tracts A, B, D). 2. An 18.62-acre residential development tract (Tract C). 3. A bay providing 16.02 acres of open space and additional open space exceeding 60 percent of the site. 4. Two-hundred and forty-eight multiple family dwelling units including garden apartments with a minimum floor area of 750 square feet.. 5. An overall density reduction fi.om 6.14 to 4.96 dwelling units per acre. 6. Increased open space fi.om 25 acres to 31.1 acres. AGENDA ITEM JAN 5 ~.,.,30 Pi- / Additionally, Port-of-the-Islands is the subject of a unique Development Agreement between Port-of-the-Islands and the Florida Department of Community Affairs (DCA) dated July 1, 1985 which regulates land uses at Port-of-the-Islands. The Future Land Use Element of the Collier County GMP provides that the Development Agreement and the overall residential density and commercial intensity shall not exceed that permitted under zoning at the time of adoption of this plan, which is vested by the State of Florida, thus exempting it from the requirements of Chapter 380 Florida Statutes. The applicant received confirmation of this matter from DCA. As proposed, this rezoning does not need an amendment to the Collier County Growth Management Plan nor to the 1985 Development Agreement (see DCA letter dated 8-19-99 included with Staff's report to the Collier County planning Commission). PROS/CONS: Pros (i) The subject petition is consistent with the locational criteria for residential development as it applies to the County's Growth Management Plan. (ii) The PUD development plan will reduce density by 52 units to compensate for the additional units added to Sunset Cay (R-99-01) located south of U.S. 41 within the Community Improvement District (CID) of Port-of-the-Islands (POTI). This will also help to ensure that the CID will have adequate water and sewer capacity for all residents of POTI. (iii) The additional users will help the CID pay for the utility capacity which it was designed for and must maintain. Cons None. FISCAL IMPACT: North Port Bay PUD will likely be a multi-family residential project. Based upon authorized uses and planned intensity of development, the following revenue is estimated at build out: Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: Correction. Fac. Imp: School Impact Fee: $578.00 per unit x 248 du's = $180.52 per unit x 248 du's = $0.15 per Sq. Ft. of bldg. area ~ 750 SF x 248 x 0.15 = $117.98 per unit x 248 = $1,778.00 per unit x 248 du's = $143,344.00 44,769.00 27,900.00 29,259.00 440,944.00 JAN 2 5 2000 Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $1,379.00 per unit x 248 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 248 x 750 = $14.00 per unit x 248 = $0.005 per Sq. Ft. of bldg. area ~ .005 x 750 x 248 = $2.00 per unit x 248 = TOTAL IMPACT FEES 341,992.00 930.00 3,472.00 930.00 496.00 $1,034,036.00 The average size of most of the proposed dwelling units will be 750 square feet. This project will provide 248 dwelling units of this size or greater; therefore, the estimated total amount of impact fees collected at build out will total $1,034,036.00-2_. this is a raw estimate based on current impact fees and proposed dwelling units. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad Valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to estimate the cost of a particular land development project. Such a model, in our opinion, would be misleading because there is no certain way, with respect to housing projects, to determine their value and likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed North Port Bay PUD will not cause County LOS to be exceeded. JAN 2 5 E30 This rezoning by and of itself will have little or no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds fi.om other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Given this fact, the requested amendment is deemed consistent with the approved and vested land use at Port-of-the-Islands. It is also consistent with the settlement agreement between the property owner and the Florida DCA (see letter fi.om DCA dated 8-19-99). Approval this petition would not be deemed inconsistent with any element of the Growth Management Plan. A review of consistency relationships with elements of the GMP that are affected by this proposal are as follows: Future Land Use Element - The Florida Department of Community Affairs (DCA) has also determined that this proposed PUD petition is an acceptable land use and consistent with the Growth Management Plan Future Land use Element policies and objectives, and they will not require the applicant to file for a Future Land Use Map Amendment. Therefore, in staff's opinion, the more important consistency determination is the resultant aggregation of Conservation and Resort Tourist zoning districts into a "PUD" Planned Unit Development district that decreases the density of development and increases open space preservation. Inasmuch as the land abutting this property is undeveloped, except for the abandoned motel and Recreational Vehicle campground to the north of the subject property, there is no issue of incompatibility. In the opinion of staff, spreading the proposed dwelling units in a north-south pattern along the west side of Cays Drive, as is proposed, is preferable to the pattern of development that would result by maintaining the boundaries of the RT zoning district. Furthermore, access to water amenities will facilitated by the proposed north-south configuration of dwelling units. As to the question of timing of utilities, Port-of-the-Islands is part of a Community Improvement District with its own utility organization and jurisdictional area. Sanitary sewer and potable water supplies are available fi.om the Community Improvement District. JAN 2 5 2000 Transportation Element - The ITE Trip Generation manual indicates that the "RT" zoned property will generate approximately 1,389 AADT if developed with 248 multi-family units. Since the applicant is proposing a decrease in dwelling units (300 to 248), the requested rezone to PUD will not result in any additional site generated trips. Therefore, this petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staffrecommends approval of PUD-99-04, the North Port Bay PUD Master Plan and PUD Document, as described by the Ordinance of Adoption and the Exhibits thereto. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: This site was reviewed administratively due to the existing development plan and zoning and was found acceptable to staff. The Florida Department of Community Affairs also reviewed this plan and found it acceptable. PLANNING COMMISSION RECOMMENDATION: At the January 6, 2000 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-99-04 to the Board of County Commissioners. 2000 PREPARED BY: REiV~WED BY: CURRENT PLANNING MANAGER DATE DATE RdBEI~T J. MI~HERE, AICP, PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition PUD-99-04, North Port Bay PUD. Tentatively set for the January 25, 2000 BCC Meeting. AC~._.NDA ITEM JAN 2 5 2000 AGENDA ITEM 7-I MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DECEMBER 7, 1999 PETITION PUD-99-4, NORTH PORT BAY OWNER/AGENT: Agent: Owner: Mr. Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 North Port Development, Inc. 221 Stmrise Cay, Unit 104 Naples, Florida 34114 (Robert S. Hardy and Thomas L. Bamard) REQUESTED ACTION: This petition seeks to rezone certain land now zoned "CON" Conservation and "RT" Resort Tourist to a "PUD" Planned Unit Development classification. GEOGRAPHIC LOCATION: The property is located on the north side of U.S. 41E/South Tamiami Trail in the Port-of-the-Islands Community Improvement District in Sections 4 and 9, Township 52 South, Range 28 East (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: This petition would consolidate two zoning districts "CON'' Conservation and "RT" Resort Tourist into a "PUD" Planned Unit Development District for the purpose of allowing a multiple family residential development of not more than 248 dwelling units to occupy 'the aggregated existing zoning districts (49.96 acres) in a manner that better utilizes the combined areas while preserving the same AC-~A ITEM JAN 2 5 2000 amount of open space and density as otherwise allowed by the current zoning districts. If approved the development plan will contain the following: 1. Three preservation/recreation tracts (Tracts A, B, D) with a combined preservation area of 15.32 acres. 2. An 18.62-acre residential development tract (Tract C). 3. A preserved bay area providing 16.02 acres of open space and additional open space exceeding 60 percent of the site. 4. Two-hundred and forty-eight multiple family dwelling units including garden apartments with a minimum floor area of 750 square feet.. SURROUNDING LAND USE AND ZONING: Existing: The site is undeveloped and is zoned "CON" Conservation (31.19 acres) and "RT" Resort Tourist (18.77 acres). Surrounding: North -To the north lies an abandoned hotel property and mobile home park. These properties are accessed via Cays Drive which also bisects the subject property. The property is zoned "RT" Resort Tourist. South-Developed with a restaurant and multiple family project. The land is zoned both C-4 and RMF-16. East - Undeveloped and zoned A/ACSC/ST. West - Undeveloped and zoned A/ACSC/ST. GROWTH MANAGEMENT PLAN CONSISTENCY: Port-of-the-Islands is the subject of a unique Development Agreement between Port-of-the-Islands and the Florida Department of Community Affairs (DCA) dated July 1, 1985 which regulates land uses at Port-of-the-Islands. The Future Land Use Element to the Collier County GMP provides that the Development Agreement and the overall residential density and commercial intensity shall not exceed that permitted under zoning at the time of adoption of this plan, which is furthermore vested by the State of Florida, thus exempting it from the requirements of Chapter 380 Florida Statutes. The applicant received confirmation of this matter from DCA. Neither this rezoning nor the recently approved Sunset Harbor Club (R-99-1) need amendments to the Collier County Growth Management Plan or the 1985 Development Agreement (see attached letter from DCA dated 8-19-99). The substance of this petition does nothing to change what could otherwise be constructed on this property, except that the spatial arrangement of residential structures on the property will be different in terms of the land they occupy. This proposal involves aggregating 18.77 acres of land now zoned "RT" Resort Tourist and 31.19 acres of land zoned "CON" Conservation. Current regulation would allow the following number of dwelling mt,s: JAN 2 5 2030 Pilo ~'~ -- RT - 18.77 acres x 16 dwelling units per acre = CON- 31.19 acres x 1 d.u./5 acres = Total Rounded 300.32 dwelling units 6.23 dwelling units 306.66 307 This petition proposes only 248 total multi-family dwelling units. Given this fact, the requested amendment is deemed consistent with the approved and vested use of land at Port-of-the-Islands. It is also consistent with the settlement agreement between the property~ owner and the Florida DCA (see letter from DCA dated 8-19-99). Additionally, in consideration of these facts, no other element of the GMP can be deemed inconsistent by the action to approve this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, Public Utilities, Emergency Management and the Transportation Services Department staff. Staff recommendations are included in the development commitments sections of the PUD. The petition was administratively reviewed on behalf of the EAB inasmuch as no environmental impact statement was required in view of the absence of any vegetation communities and, by virtue of the settlement agreement, the land uses are vested. 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 thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or demal 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 criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is AGENDA ITEM JAN 2 5 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. An 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 and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infi'astrucmre (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. The Furore Land Use Element basically provides that the Master Land Use Plan for Port-of- the-Islands is the zoning plan that was in effect at the time of the Settlement Agreement between the Department of Community Affairs and Port-of-the-Islands, Inc. The zoning districts have remained constant since the time of that agreement. A strict interpretation could make changing zoning district boundaries inconsistent with the Settlement Agreement, however, this would not yield the best land use decision, particularly if the nature of the land supports reconfiguring zoning boundary lines while maintaining the same development levels. In the opinion of staff, the more important consistency determination is that dealing with the resultant density, which will decrease fi.om approximately 6.14 units per acre to 4.96 units per acre. Policies in the FLUE, do, however, encourage the application of "PUD" Planned Unit Development strategies to the development of land. The aggregation of Conservation and Resort Tourist zoning districts into a "PUD" Planned Unit Development district, while holding constant the density of development, and achieving the same amount of open space preservation as inherent in the Conservation district, is seen as consistent with this policy. Inasmuch as the land abutting this property is undeveloped, except for the abandoned motel and Recreational Vehicle campground to the north of the subject property, there is no issue of.~; incompatibility. In the opinion of staff, spreading the proposed dwelling units in a north-south pattern along the west side of Cays Drive, as is proposed, is preferable to the pattern of development that would result by maintaining the boundaries of the RT zoning district. Water feature amenities can more easily be structured for a north-south configuration, as is well demonstrated by a Site Development Plan (SDP-99-07) that was approved for the current "RT" district but which would no longer be valid should this petition be approved. This petition will increase the amount of open space above that which would have been provided with the current Conservation district. It should be appreciated that the Conservation district is not necessarily an open space or natural preservation district because housing at one dwelling unit pet 4 JAN 2 5 2000 ps.,. I[ five (5) acres is a permitted use; therefore, some acreage, substantially less than the currently zoned 31 acres of potential open space in the Conservation district, would have been retained as open space, which staff estimates would be approximately 25 acres based on the permitted one acre per dwelling unit that could otherwise be constructed. The proposed PUD, on the other hand, preserves 31.10 acres as open space and water. Whereas, one normally would expect a Conservation zoning district to have a substantial amount of vegetative cover, and potential wildlife habitat, the subject property is for all practical purposes devoid of any vegetative cover; therefore, there is no loss to the otherwise "green effect" that one expects with a Conservation zoning district and the shitting of the zoning boundaries. The' Conservation district loses some of its significance because there is little to preserve within the current Conservation district boundary. Additionally, the rezoning of land fi.om an agricultural designation to an urban designation should be considered in the context of timing and its effect upon maximizing existing urban infi'astmcture. In the case of Port-of-the-Islands, we have in place urban zoning designations which render the notion of timing as a basis for determining the appropriateness of zoning decisions mme. As to the question of timing of utilities, Port-of-the-Islands is part of a Community Improvement District with its own utility organization and jurisdictional area. Sanitary sewer and potable water supplies are available fi.om the Community Improvement District. Traffic - The ITE Trip Generation manual indicates that the "RT" zoned property will generate approximately 1,389 AADT if developed with 248 multi-family units. Since no additional dwelling units are proposed, the requested rezone to PUD will not result in any additional site generated trips. Therefore, this petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41. In addition, the project trips will not lower the level of services below the adopted LOS "D" standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a 2 lane arterial road fi'onting the project. The current traffic count for this road is 4,536 PSDT and is operating at an acceptable level of service (LOS"B"). The Peak Season Daily Traffic was based on the Peak/Annual Ratio as shown in the County's Transportation Planning Database. It should be noted that this 2 lane road segment fi'onting the project is not projected to be deficient by the build-om of the project. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Open Space Preservation - The amount of open space remains consistent with the Open Space Element. A total of 69 percent of the project will be in open space, exclusive of open space and landscaping that is site project related,. PUD Development Regulations and Master Plan Development Regulatior~.~ - Currently the "RT" zoning district allows building heights of 100 feet. The effect of this rezoning action will be lower AGENDA ITF_.M JAN 2 5 2000 building heights to forty-five (45) feet. Development standards are similar to those in the Land Development Code for multiple family structures. In all other respects, development standards defer to provisions of the LDC. Master Plan - All development will be oriented to an existing private street (i.e. Cays Drive). Development pods will be accessed essentially by driveways fi.om Cays Drive. Phasing of the development will not be needed. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-4, North Port Bay PUD Master Plan and PUD Document as described by the Ordinance of Adoption and Exhibits thereto. AGEh~A IT~, JAN 2 5 2000 PREPARED BY: DONALD J. MURRAY~AI~P PRINCIPAi~ PLANNER /~EWED BY: I~DNALD 1~. N~),~CP, MANAGER CURRENT PLANNING SECTION ROI~ERT J. MULH~RE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-99-4. Staff Report for the January 6, 2000 CCPC meeting. Tenatively scheduled for January 25, 2000. COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. BRUET, CHAIRMAN PUD-99-4 STAFF REPORT/DJM /.~ .?-? ? DATE DATE DATE DATE AGENDA ITEJd JAN 2 5 2C00 P,. /¢ FINDINGS FOR PUD PUD-99-4 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability, of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by arterial roads. (iv) Proposed density and intensity is compatible residential densities of the surrounding environs. with existing and future Con: Existing residents often perceive a residential intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, decreasing safety, increasing noise, and reducing property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of the proposed development. Mitigation measures as found in the PUD Document will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and will be consistent with County regulations. Exhibit "A' AGENDA ITF~ JAN 2 5 2000 e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with the goals, objectives and policies of the Growth Management Plan. Con: None Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: 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 Future Land Use Element basically provides that the Master Land Use Plan for Port-of-the-Islands is the zoning plan that was in effect at the time of the Settlement Agreement between the Department of Community Affairs and Port-of-the-Islands, Inc. The zoning districts have remained constant since the time of that agreement. A strict interpretation could make changing zoning district boundaries inconsistent with the Settlement Agreement, however, this would not yield the best land use decision, particularly if the nature of the land supports reconfiguring zoning boundary lines while maintaining the same development levels. In the opinion of staff, the more important consistency determination is that dealing with the resultant density, which will decrease from approximately 6.14 units per acre to 4.96 units per acre. Policies in the FLUE, do, however, encourage the application of "PUD" Planned Unit Development strategies to the development of land. The aggregation of Conservation and Resort Tourist zoning districts into a "PUD" Planned Unit Development district, while holding constant the density of development, and achieving the same amount of open space preservation as inherent in the Conservation district, is seen as consistent with this policy. 2 JAN 2 5 2000 Inasmuch as the land abutting this property is undeveloped, except for the abandoned motel and Recreational Vehicle campground to the north of the subject property, there is no issue of incompatibility. In the opinion of staff, spreading the proposed dwelling units in a north-south pattern along the west side of Cays Drive, as is proposed, is preferable to the pattern of development that would result by maintaining the boundaries of the RT zoning district. Water feature amenities can more easily.be structured for a north-south configuration, as is well demonstrated by a Site Development Plan (SDP-99-07) that was approved for the current "RT" district but which would no longer be valid should this petition be approved. This petition will increase the amount of open space above that which would have been provided with the current Conservation district. It should be appreciated that the Conservation district is not necessarily an open space or natural preservation district because housing at one dwelling unit per five (5) acres is a permitted use; therefore, some acreage, substantially less than the currently zoned 31 acres of potential open space in the Conservation district, would have been retained as open space, which staff estimates would be approximately 25 acres based on the permitted one acre per dwelling unit that could otherwise be constructed. The proposed PUD, on the other hand, preserves 31.10 acres as open space and water. Whereas, one normally would expect a Conservation zoning district to have a substantial amount of vegetative cover, and potential wildlife habitat, the subject property is for all practical purposes devoid of any vegetative cover; therefore, there is no loss to the otherwise "green effect" that one expects with a Conservation zoning district and the shifting of the zoning boundaries. The Conservation district loses some of its significance because there is little to preserve within the current Conservation district boundary. Additionally, the rezoning of land fi.om an agricultural designation to an urban designation should be considered in the context of timing and its effect upon maximizing existing urban infi-astmcture. In the case of Port-of-the-Islands, we have in place urban zoning designations which render the notion of timing as a basis for determining the appropriateness of zoning decisions mute. As to the question of timing of utilities, Port-of-the-Islands is part of a Community Improvement District with its own utility organization and jurisdictional area. Sanitary sewer and potable water supplies are available from the Community Improvement District. Traffic - The ITE Trip Generation manual indicates that the "RT" zoned property will generate approximately 1,389 AADT if developed with 248 multi-family units. Since no additional dwelling units are proposed, the requested rezone to PUD will not result in any AGIg'~A IT~. .. JAN 2 5 2000 pg._/7 0 additional site generated trips. Therefore, this petition will not create trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41. In addition, the project trips will not lower the level of services below the adopted LOS "D" standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a 2 lane arterial road fronting the project. The current traffic count for this road is 4,536 PSDT and is operating at an acceptable level of service (LOS"B"). The Peak Season Daily Traffic was based on the Peak/Annual Ratio as shown in the County's Transportation Planning Database. It should be noted that this 2 lane road segment fi'onting the project is not projected to be deficient by the build-ont of the project. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Open Space Preservation - The amount of open space remains consistent with the Open Space Element. A total of 69 percent of the project will be in open space, exclusive of open space and landscaping that is site project related,. PUD Development Regulations and Master Plan Development Regulations - Currently the "RT" zoning district allows building heights of 100 feet. The effect of this rezoning action will be lower building heights to forty-five (45) feet. Development standards are similar to those in the Land Development Code for multiple family structures. In all other respects, development standards defer to provisions of the LDC. Master Plan - All development will be oriented to an existing private street (i.e. Cays Drive). Development pods will be accessed essentially by driveways from Cays Drive. Phasing of the development will not be needed. Staff's review indicates that the petition has been designed to be consistent with the GMP with the exception of the proposed density. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to minimize internal land use conflicts through open space separation thereby protecting sensitive areas and buffering residences internally. Con: None. Finding: The PUD Master Plan has been designed to. optimize internal land use relationship through the use of various forms of open space separation. Additionally, JAN 2 5 2CO0 most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findinll: The amount of open space set aside by this project meets or exceeds the provisions of the Land Development Code. When completed the project will provide in excess of 60 percent of the site as open space, including the 16.02-acre bay head. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary_ Findim~: Timing or sequence of development in light of concurrency requirements is not a significant problem (see Staff's Report). Water and sewer are available fi.om the POTI Community Improvement District. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infi'as~c~e 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. 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. JAN 2 5 ,uO0 Summary 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 the particular housing structures and associated requirements. The proposed density will be conforming if it is held to an acceptable density (see Staff's Report). FINDINGS FOR PUD-99-4/DJM AGENDA I Tj~J~d N~ ,/~'C~ JAN 2 5 20,30 REZONE FINDINGS FOR PETITION R-99-4 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed change will reduce the intensity of use and the impact to the road level of service, which is consistent with Policies 5.1, 5.4 of the Furore Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing zoning allows for up to 307 units at 6.14 units per gross acre, but the applicant is only requesting 248 units at 4.96 units per gross acre. Con: Evaluation not applicable. Summary_ Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. It also meets the requirements of the settlement agreement between the applicant and the Florida Department of Community Affairs (DCA) as it pertains to the existing Development Agreement (see letter from DCA dated 8-19-99). 2. The existing land use pattern. Existing: Surrounding: The subject 49.96-acre site is currently an undeveloped parcel zoned RT, Recreational Tourist (18.77 acres)., and CON, Conservation (31.19 acres). Access is to U.S. 41 via Cays Drive. North -To the north lies an abandoned hotel property and mobile home park. These properties are accessed via Cays Drive which also bisects the subject property. The property is zoned "RT" Resort Tourist. South -Developed with a restaurant and multiple family project. The land is zoned both C-4 and RMF-16. East - Undeveloped and zoned AJACSC/ST. West -Undeveloped and zoned AJACSC/ST. Exhibit "B" Pro: The proposed change will be compatible with the existing land use pattern of the Port of the Islands development and, in fact, probably will enhance the development by reducing the potential for higher density traffic on U.S. 41 at the entrance to the development. Con: None. Summary Findings: The proposed rezoning and subsequent use of the property for multi-family development is compatible with the existing development pattern of the Port of the Islands development, especially the multi-family use to the south. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The zoning is already established and most of the development has occurred in the residential districts located to the south of this proposed rezoning. Con: Evaluation not applicable. Summary_ Findings: The parcel is in a location such that it will not result in an isolated generic zoning district unrelated to adjacent and nearby districts. The properties to the south are zoned RMF-16 and C4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn and they are consistent with the GMP and with existing development. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMP remains consistent. Con: Evaluation not applicable JAN 2 5 2000 Pg. ~ Summary Findines: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element) of the GMP presently remains consistent. Furthermore, with the near build out of residential units in this development, it appears that market conditions would be more favorable to additional multi- family dwelling units and less intensive non-residential uses at this location. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions and their perceived quality of life. A reduction of commercial zoning and a less intense residential use will probably be well received by the residents. Con: Some people may perceive that any form of non-residential development will be offensive and will adversely affect their neighborhood. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the change is consistent with the goals and objectives of the GMP and because the proposed intensity of use will reduce future impact potential to the development. The development standards of the proposed development will be similar to those already established. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with the provisions of the Traffic Circulation Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. Con: None. Summary_ Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. A statement advising that this project when developed will not excessively increase traffic congestion was included in the Staff report. 10. Whether the proposed change will create a drainage problem: Pro/Con: Evaluation not applicable. Summa~ Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans, which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. Whether the proposed change will seriously reduce light and air to adjacent areas: Pro/Con: Evaluation not applicable. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement and corridor management provisions) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The design of any future residential dwellings, and the reduced density potential created by the proposed down zoning, should mitigate any negative conditions to any nearby residential units. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary, Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value 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. 4 AGF_Ng; A IT -FJ~ JAN 2 5 ","",n 11. 12. 13. Whether the proposed change wffi be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary~ Findings: The basic premise underlying all of the development standards in the Zoning Division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Furthermore, surrounding properties which arc developed appear to be in excellent condition. Others are in Conservation areas and will likely not develop in the near future. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning: Pro/Con: Evaluation not applicable. Summary Finding: The subject property can be developed in accordance with the existing zoning; however, to do so would deny this petitioner of the opportunity to maximize the development potential of the site and to use better design as made possible by its consistency relationship with the Future Land Use Element of the Comprehensive Plan and the changing market conditions. IJAil 14. 15. 16. 17. Whether the change requested is out of scale with the needs of the neighborhood or the County: Pro: The reduction of the total residential units will result in a much better scale of development and less traffic impact. Con: Evaluation not applicable. Summa~ Findings: The proposed development complies with the Growth Management Plan, a policy statement that has been used to evaluate the scale, density and intensity of land uses deemed to be acceptable for this site. Impacts should be decreased and the scale will not be out of proportion with the existing neighborhoods. 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. Summal'y Findings: The County has a limited number of sites within this area that have the potential to be zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness ora rezoning decision. Determining whether or not the proposed zoning action is appropriate at this site is based on an evaluation of its consistency with all elements of the GMP, compatibility with surrounding development, adequacy of infrastructure, and to some extent the timing of the action. The physical characteristics of the property and the degree of site alteration that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the sparse natural vegetation will be removed and certain earth fill activity will be required to prepare the site. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. 6 2 5 ::::3 Pro/Con: Evaluation not applicable. Summary_ Findings: Public facilities are available, including water and sewer from the Port of the Islands Community Improvement District, and their Level of Service is commensurate with Adequate Public Facilities standards 7 JAN 2 5 2000 Presennng and enl~ancing Florida's quali~y of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS October 25, 1999 Mr. Ronald Nino Collier County Planmng Services Current Planning Depa~hnent 2800 North Horseshoe Drive Naples, Florida 34104 Re: North Port Bay HMA File No. 1999008 Dear Mr. Nino: Please find attached 15 revised PUD rezoning applications for the North Port PUD Petition No. 99-4 North Port Bay that was continued from the March 17, CCPC meeting. The application is fundamentally the same with the following changes made. 1. The number of multi-family dwelling un/ts has been reduced from 300 to 248. The gross density, therefore, has been reduced from 5.6 dwelling units per acre to 4.95. 2. The PUD Master Plan is no longer proposed to expand the Bay Area. Minor adjustments to land use tabulations have been made while generally maintaining the same amount of open space m both the PUD Ordinance and Master Plan. In closing, please also find attached con~spondence from DCA which has satisfactorily addreas~ i~ues raised with the Department pertaining to rezonmg within the Port of the Islanda. In response to omacema pertaining to hurricane evacuation for property my client also has an inlaxest south of US 41, the reduction of 52 dwelling units m this petition has made hurricane evacuation issues moot for the proposed rezo~g south of US 41 that is the subject of another zoning petition Thank you for your consideration in this matter. Very truly yom, HOLE, MONTES & ASSOCIATES, 12NC. Robert L. Duane, A.I.C.P. Planning Director RLD/slj Attachments c.c. Tom Bamard ',~-IMA_NAPI.,F.,~Wi~ 199~ 199900~ 102 5.dm: 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES. R..ORIDA 34106 ~41-262-4617 FAX 94't -2~2-3074 9/99 14:05 DEl) AR JEB BU~ HOPP I NG GREEN SAMS SMITH -~ 194126230?4 ~ug 19 '~ STA~DA 11:28 N0.182 TMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, suarainable Gc~mmunitiee' August 19, 1999 By Faesim~ [224~551] m~d U.S. ]Mall Elizabeth C. Bowman, Er, q. Hopping C.n'ccn San~ ~: Smith, P.A. 123 South Calhoun Strm Post Office BOX 6526 TaHal,mssce, Florida 32314, Re: Pofl of the Jslanda, ColLier County. Rezoniass Dear Ms. Bowman: Thank you for you~ i~ttot dm July 23, 1999, concerning ptopoMd rea~ngJ rot two propcrties within ~be "Port of the ]&lands" development. Based on the repter, entatiom in youz JtOy 23'~ letter along with pmvioas ~plcscntibom made in your May Ti letter, I beUevu we haw reached agtccme~.t on both rezoncs, w't~b may now ln~.eed without Del~U'tmm objec~m. Specifically, the Depatmmu bad ~ ~ mgKding ~ mT, ones. The first r. mcem wis procedural, and que~oncd whether tl~ rc,T, onet must tm accompms~ed by amcndzncn~ to t~c CoRicr County Comprcheniiv~ Plan sad tlu: 1985 Devel~ AFeemr. nt. The Depasunmt the Comprcbctmve Plan or Development AFeem~t. The second area of' concern was OM pouibility for tncmu~ densities and far. ilfay demands tn the coastal high hazard area. Based on the ~ in yoor 3My 23'f Jcaf~ tnt Ms. Hardy will reduce the dem~y in reze~m 99-04 by flt~-two dwelUnI units to offuet alty increase in msideatial uscs allowed by ~ 9901, thij i~suc has been fully addl~aM. Finally, ~le De~t raised ~ m~din~ I propoMd sho~line Mta'ation and ~ loss of ~ivc vcge~. B~ on ~r m~~ th~ ~ ~i~ ~~ is ~ ~r to Dob ~, ~ ~S haV~ ~ ~. zSSS $flMMARO OAK BOULEVARD - T&LLAHAIIII, FLORIDA $1~el-,lOe Phone: (lBO) 4fJl-I&SllSLifloofll d~Tl,lie8 PAR: (850) 9El-OTll/Sunuom all-OYll Iflle~n®t &(ldrens: htte://w~v~.itmtm.fl.uOleomotfl 3e×~9×99 14:05 HOPPING GREEN SPaS SMITH a 194126230?4 11:29 NO, 182 03 Eli~beth C. Bowmnn, Esq. August 19, 19~9 Page Two In sum, if Mt. X-l~dy pu~ue~ and obtains re~zone,~ 99-01 nnd ~J-O~ as conditions outlined in your M&y 7n and July 23~ lett~'s, tl~ Dup~tn~nt ~ not apl;m~i those rczones under Ch~ 380, Flotidn Statu~. you have any further questmns, pJcasc contact Shew Stiller, Assistnut General Couns~3, $$0/488-,0410. Rebecca ]etton Ma~jori~ Studcnc, Assistant Colli~ Count~ Atto~ey Robert J. Mullein, Direct, Collier Coun~ Mnnnint Services 1)e~run~t Sinee~y, I. Thomas B~;k, Diz~ctor Division of Community Planning L 't A~A JAN 2 5 P~. ~0 HOPP'}~G GREEN SAMS SMITH + 194126250?4 HOPPING GRE£N SAMS & SMITH N0.016 c)~ c/ July 23, ] 999 BY HAND DI~LIVERY Shaw Stiller Assistant Oenernl Counsel Department of Community Affairs 2555 Shumard O~k Boulevard Sadowski Building Tallahassee, Flodda Re: Port of the Islands, Collier County, Re. zonings Dear Mr. Stiller, On behalf of our cliem, Robert Hardy, we wanted to respond to Tom Back's letter of luna 24, 1999, concerning certain re, zonings within Port of the Islands in Collier County. As you know, Mt. Hardy is the co-applicant for rezoning 99-04 and the applicant for rezoning 99-01. We appr~.iate the Department's agreement that certain rezonings may occur within Port of the Islands without comprehensive plan amendments. ]vfi-. Hardy proposes the followin~ chang~ to the two pendin~ zoning proposals, which we believe should satisfy the Department's remaining questions or concerns. First, to off~t aw/ additional potential impacts of the 52 (not 48) residential units proposed to replace commercial use in rezx)ning 99-01, Mr. Hardy will reduce the number of residential dwelling units proposed in rezoning 99-04 by 52, from 300 to 248 total units. Therefore. there would be no net increase in residential units as a result of these actions, and overall impacts wouM be reduced by the elimination of more than 6 acres of' presently approved commercial use on the land involved in AGJ~A I' JAN 2 5 2~0 Pa._ ~/ - 10:Z~ HOPPING GREEN SAMS SMITH Letter to Shaw Stiller July 23, 1999 Page 2 r~.oning 99-04. Therefore, we believe that issues related to int'raatructure, larvicea ~ hurricane evacuation for rezoning 99-04 are moot as a result of these chanBes. In addition, concerning rezoning 99-01, Mr. Hardy will be amending that n;qdicetion, so that there is no chan~e in the present shoreline. In addition, the rezonLng will require preemption of 25 percent of'the existin8 native vegetation. An additional biological report ~n~ the palm hammock areas is attached for your ~ormation. This change also will continue to ensure that there is no change in the currently approved amount of open space acreage. Tire PUD plan, which is legally binding,, will show those m'ens ns recreation and conservation with a hole stating the required minimum total aczeage. Since the Department woub:l review and assert the dE, bt to potentially appeal future rezoninss of the property, it'any, the Department can contlmm to ensure that the original amount of open space is retained. Please note that the rezoning will reqtlire development consistent with the PUD master plan and that the open apace is not environmentally sensitive. We appreciate the opportunity to discuss and resolve these issues with the Department. We would nppreciate your oontirmntion M soon a~ po~ible that we can pro. ed with re~o~n~s consistent with the above terms without ~urther objection by the DepartmenC Thank you again l'or the Department's cooperation. Sincerely, Eflzabeth C. Bowman cc w/encls.: Robert t~rdy ;. Thorne Bedr,, DCA Chazles Gauthier, DCA Rebecca Jetton, X)CA Robert Muilmre, Collier County 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDIN'ANC~ NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TH~ COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIF~R COUNTY, FLORJDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 2809N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~RT" RESORT TOURIST AND "COhr CONSERVATION DISTRICT TO 'PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTH PORT FOR A MIXED USE RESIDENTIAL PROJECT CONSISTING OF 248 DW~-]~NG UNITS, LOCATED AT THE NORTHEAST CORNER OF U.S. 41 AND FAKA UNION CANAL IN SECTIONS 4 AND 9, TOWNSHIP 52 SOU'ri{ RANGE 28 EAST. COLLIER COUNTY, FLORIDA, CONSISTING OF 50~: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 19 2O WHEREAS. Robert L. Duane, AIL'T, of Hole, Monies dc Associates, Inc., tepresenUng North Pon EL-velopment, Inc., peuuoned the Board of Courtly Commissioners to change the zoning cl~fic~ioa of the heteia 21 22 23 described real prope~., NOW, TH]~REFORE BE IT ORDA.[~ED by the ~ of ~ Commie~ioners of ~ C(NIII~, Florida: 24 25 26 27 28 29 3O 31 32 SECTION ONE: The zoning cL,,~fication of the heron described nmi prope~' located in Seclions 4 and 9, Tow~hip :52 as Exhibit 'A" and mc~ by t~nc~ helm. The Off~Onl Zoning Atlas Map Number 2~09N, n~ d~cn'bed m Ordinance Number 91 - 102, the cotlier County Land 13~,v. lo~!m~n~ C~de, is I~by amended a~di~ly. SECTION TWO: This Ofditlal~e ,~hr. I1 ~ ~ ~ filing with the De~ of State. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 PASSED AND DULY ADOPTED by the Board c~ Co~a7 CommL~onets of Collier CuumT, ~ ~ dayof ,20OO. BOARD OF COUNTY COMMISSIONER~ COLLn~ COUNTY, FLORIDA A'FrF_..ST: DWIGHT E. BROCK, C3erk BY: M~one N~ Snui,,~t PUD~ ORDINANC~ JAN 2 5 NORTH PORT BAY A PLANNED UNIT DEVELOPMENT Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 January, 2000 HMA File No. 1999008 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT A JAN 2 5 TABLE OF. CONTENTS Page SECTION I - Statement of Compliance .......................................................................................... 1 SECTION II - Property Ownership, Legal Description, Short Title, and Statement of Unified Control ................................................................................... 3 SECTION III - Statement of Intent and Project Description ........................................................... 4 SECTION IV - General Development Regulations ......................................................................... 5 SECTION V - Permitted Uses and Dimensional Standards ............................................................ 9 SECTION VI - Environmental Standards ...................................................................................... 11 SECTION VII - Transportation Requirements .............................................................................. 12 SECTION VIII - Utility and Engineering Requirements ............................................................... 13 SECTION IX - Water Management Requirements ....................................................................... 14 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS AC~ENOA I'i JA 4 2 5 SECTION I Statement of Compliance The Development of approximately 49.96 acres of property in Collier County, as a Planned Unit Development (PUD), to be known as North Port Bay, will be in compliance with the goals, objectives and policies of Collier County. as set forth in the Growth Management Plan. The residential and recreational facilities of North Port Bay will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Furore Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use. o The Future Land Use Element notes that "development within the Port of the Islands shall be regulated by the Development Agreement between the Pon of the Islands, Inc. and the Florida Department of Community Affairs dated July 2, 1985. The Future Land Use Element further notes that "given the unique and isolated location, and the existing Development Agreement, development within the Port of the Islands shall be regulated by the Development Agreement and the overall residential density and commercial development shall not exceed that permitted under zoning at time of adoption of this plan." The Department of Community Affairs (DCA) has determined that the proposed rezoning is consistent with the 1985 Development Agreement. The proposed PUD rezoning of the subject property will not exceed the density permitted under the existing zoning at the time of the application for PUD rezoning; therefore, it may be found consistent with the Collier County Growth Management Plan. The subject property's location in relation to the existing or proposed commtmity facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. -1- 10. 11. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Furore Land Use Element. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance, Division 3.15, of the Land Development Code. -2- SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by North Port Development, Inc. 2.2 Legal Description Being a part of land located in a portion of Sections 4 and 9, Township 52 South, Range 28 East, more particularly, described in Exhibit "B." 2.3 General Description of Property The property is located in the Port of the Islands on the north side of US41. The zoning of the subject property prior to the application for PUD rezoning is for the Resort Tourist District (R-T) and the Conservation District (CON). Physical Description The Stormwater Management Plan for the North Port Bay PUD will consist of two drainage basins which will outfall into the existing/proposed lake after pretreatment. Site elevations vary from 3.5 to 6.0 feet. The soil types are: Holopaw Basinger Complex (33), Kesson Muck (52), and Basinger fine sand (56). The flood zone is AE-7. 2.4 Short Title 2.5 This Ordinance shall be known and cited as the "North Port Bay Planned Unit Developmem Ordinance." Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. -3- 3.1 3.2 3.3 SECTION III Statement of Intent and Project Description Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit two hundred forty-eight (248) multi-family dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description The Project is comprised of 49.96 acres located within Sections 4 and 9, Township 52 South, Range 28 East. Access to North Port Bay is provided from an existing roadway through the proposed project. The Project will provide for two hundred forty-eight (248) multi-family units at a gross project density of approximately 4.95 dwelling units per acre. Land Use Plan and Project Phasing The PUD Master Plan contains a total of one (1) residential tract and additional areas for recreational use, water management, and lakes as depicted on the PUD Master Plan. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the Project is approximately five (5) years from the time of issuance of the first building permit. -4- JAX 2 5 Z. Z33 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the North Port Bay Planned Unit Development and Master Plan. 4.1 General 4.2 The following are general provisions applicable to the PUD Master Plan: Regulations for development of the North Port Bay PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements. The Developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the North Port Bay PUD shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in ........ effect at the time of construction plan approval. -5- 4.3 Easements for Utilities 4.4 4.5 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County.. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Should permits that may be required from the SFWMD or the USACOE to expand the boundary of the lake depicted on the PUD Master Plan result in incidental changes to the Master Plan, such as relocation of the roadway through the Project, these kinds of changes may be approved administratively. Other amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. Project Plan Approval Requirements Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Flor/da. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. -6- 2 5 2773 4.6 Provision for Offsite Removal of Earthen Material 4.7 4.8 4.9 The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the Project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall c, omply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. Bo A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions North Port Bay PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, of the LDC Monitoring Requirements. Polling Places Any community recreation/public building/public room or similar common facility located within the North Port Bay PUD may be used for a polling place, if determined necessary by the Supervisor of Elections, in accordance with Section 2.6.30 of the LDC. Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property; however, the little existing native vegetation occupying the site may be relocated into buffer areas to meet this requirement along with additional vegetation areas required by Section 2.4 of the LDC. -7- 2 5 22 3 4.10 Open Space 4.11 4.12 In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which requires a minimum of sixty (60) percent for residential developments; however, in no case shall less open space be provided than as depicted on the PUD Master Plan. Archaeological Resources The Developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a homeowners' association to be established by the Developer. -8- pg. 3/,3 ,,, 5.1 5.2 5.3 5.4 SECTION V Permitted Uses and Dimensional Standards Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the North Port Bay PUD designated for residential development on the PUD Master Plan, Exhibit "A." Maximum Dwelling Units Two hundred forty-eight (248) multi-family dwelling units are permitted within the North Port Bay PUD. General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES USE A 3.74 B 9.32 C 18.62 D 2.26 BAY AREA 16.02 TOTAL AREA 49.96 PRESERVE/RECREATION PRESERVE/RECREATION RESIDENTIAL PRESERVF_JRECREATION OPEN SPACE The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. Permitted Uses and Structures 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: -9- 5.5 1. Principal Uses: (a) (b) Multi-family dwellings, including garden apartments Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities. Development Standards Dimensional standards for permitted uses: Minimum lot area: N/A Minimum lot width: Fifty (50) feet for duplex lots, not applicable for other multi-family structures Minimum yard requirements: Front yard: Twenty-five (25) feet Rear yard: Twenty-five (25) feet Side yard: Fifteen (15) feet Maximum height: Forty-five (45) feet Distance between structures: A minimum of thirty (30) feet Minimum floor area: 750 square feet All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC. o All signage shall be in conformance with Division 2.5 of the LDC. Ail parking shall be in conformance with Division 2.3, Off-Street Parking and Loading of the LDC. No parking facility shall be designed to permit vehicular traffic to directly ingress and egress Cays Drive. o Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. o 10- SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.2 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. 6.3 The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Code at the time of final development order approval. 6.4 Existing cabbage palms and other viable habitat may be relocated to project buffer areas to meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC. -11- JAN 2 5 SECTION VII Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project Development. 7.1 The Developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.3 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.4 The road impact fee shall be as set forth in Division 3.15 of the Collier County Land Development Code. -12- g,'~,l 2 5 2~3~ SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 8.1 Utilities Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with the requirements of the Port of the Islands Utility District. 8.2 Engineering Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted to the Planning Services Department and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Planning Services Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC, if applicable. Do The Developer and all subsequent owners of this Project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. - 13 - ~,~. ~/ff.~ ! SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commitments of the Project Developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet of the side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.4 The wet season water table elevation shall be established at the time of the South Florida Water Management District permitting, which is required for the subject property. -14- Illllllll 1/11/ll111111/l! 111111/1111111//ll2l/1lllll IIIIIIIIIIIIIIIIIIIIIi IIIIIIIIIIIIIIIIIIIII~ lllllll J,~N 25 2 E~HIBIT B PARCEL A A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00'16'49'W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1192_86 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 41 (FLORIDA STATE ROAD NO. 90 AS THE SAME IS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 90, SECTION 0301, LAST REVISED 7/18/60), A 183.00 FOOT RIGHT-OF-WAY; THENCE RUN S.85'49'14'W., ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, FOR A , DISTANCE OF 672.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.85'49'14'W., ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, FOR A DISTANCE OF 499.a,2 FEET; THENCE RUN N.OO'31'16'E. FOR A DISTANCE OF 333.69 FEET; THENCE RUN N.89'28'¢4'W. FOR A DISTANCE OF 24.16 FEET; THENCE RUN N.OO'50'33'E. FOR A DISTANCE OF 1685.15 FEET; THENCE RUN S.89'39'47'E. FOR A DISTANCE OF 764.34 FEET; THENCE RUN S.00'46'01'W. FOR A DISTANCE OF 77.06 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE ~, HAVING A RADIUS OF 516.00 FEET, THOUGH A CENTRAL ANGLE OF 38'i5'21', SUBTENDED BY A CHORD OF 338.17 FEET AT A BEARING OF S.18'21'40'E. FOR A DISTANCE OF 344.53 FEET TO THE END OF SAID CURVE; THENCE RUN S.37'29'20'E. FOR A DISTANCE OF 215.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 434.00 FEET, THROUGH A CENTRAL ANGLE OF 90'08'41', SUBTENDED BY A CHORD OF 614.54 FEET AT A BEARING OF S.07'35'00'W. FOR A DISTANCE OF 682.82 FEET TO THE END OF SAID CURVE, THENCE RUN S.52'39'22'W. FOR A DISTANCE OF 294..90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 499.00 FEET, THROUGH A ANGLE OF 56'4-8'4.8", SUBTENDED BY A CHORD OF 4.7,4..77 FEET AT~ A ~._/,'~C__J BEARING OF S.24.'14.'57'W..FOR A DISTANCE OF 494-.80 FEET TO THE END OF SAID CURVE, THENCE RUN S.04-'09'26'E. FOR A DISTANCE f j,._,.,,:~ 2 5 .";~'~) 188.45 FEET TO THE POINT OF BEGINNING: CONTAINING 36.897 ACRES, MORE OR LESS. AND PARCEL B A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ AT THE NORTHEAST CORNER OF SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00'16'49'W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1192.86 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (FLORIDA STATE ROAD NO. 90 AS THE SAME IS SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 90, SECTION 0.301, LAST REVISED 7/18/60), A 183.00 FOOT RIGHT-OF-WAY; THENCE RUN S. 85'49'14'W., ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, FOR A DISTANCE OF 602.15 FEET; THENCE RUN N.O4~9'26'W.' FOR A DISTANCE OF 188.42 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; TNENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIG~IT, HAVING A RADIUS OF 429.00 FEET, THROUGH A CENTRAL ANGLE OF 56'48'48', SUBTENDED BY A CHORD OF 408.17 FEET AT A BEARING OF N.24'14'57"E., FOR A DISTANCE OF 425.58 FEET TO THE END OF SAID CURVE; THENC~ RUN .~-N.52'39'22'E. FOR A DISTANCE 294.90 FEET TO THE BEGINNING OF A ANGL:~TIAL CIRCULAR CURVE, CONCAVE TO TNE WEST; THIENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE ~, HAVING A RADIUS OF 504.00 FEET, THROUGH A ~TRAL ANGLE OF 90'08'41", SUBTENDED BY A CHORD OF 713.86 FEE:T AT A BEARING OF N.OT'35'OO'E., FOR A DISTANCE: OF 792_96 FLEET TO THE END OF SAID CAJRVE; THENCE RUN N.37~29'20'W. FOR A DISTANCE OF 215.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 44~.00 F~ET, THROUGH A CENTRAL ANGLE OF 58'15'21', SUBTENDED BY A CHORD OF 292.29 FEET AT A . BEARING OF N.18'21'40"W., FOR A DISTANCE OF 297.79 FEET TO THE END OF SAID CURVE; THENCE RUN N.OO'46'Ol'E. FOR A DISTANCe'OF 77.59 FEET; THENCE RUN S.89'39'47'E. FOR A DISTANCE OF ,350.44 FEET TO A POINT ON THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OO'20'I.~'W., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 75,3.79 FEET TO THE POINT OF BEGINNING: CONTAINING 15.06,3 ACRES, MORE OR LESS. ~'~OTES: iHIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST UNE OF THE SOUTHEAST QUARTER Oi SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00'20'15'W. EXECUTIVE SUMMARY PETITION R-99-8, MR. TERRANCE KEPPLE OF KEPPLE ENGINEERING REPRESENTING THE COMMUNITY SCHOOL OF NAPLES, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE AND "A" WITH AN APPROVED CONDITIONAL USE FOR A SCHOOL TO "CF" FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (CR-896) AND ON THE WEST SIDE OF LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to have certain property rezoned from "A" Rural Agriculture and "A" with an approved conditional use to "CF" Community Facility that will allow for the expansion of an existing private school. CONSIDERATIONS: On September 13, 1994, the Board of County Commissioners approved a conditional use petition to add a 2.17-acre parcel into the existing school property that was first approved in 1983. The petitioner is now proposing to rezone the existing 35-acre school site along with 16.78-acres of vacant agriculture land to "CF". It should be noted that the "CF" District lists public and private parochial schools as a permitted use. Therefore, if this petition is approved, the Community School may expand its facilities throughout the entire 51.78-acre campus site without needing to obtain other conditional use permits. The petitioner has indicated that the current enrollment is 640 students and is projected to grow to 850 students during the next 10 years. Other permitted uses in the "CF" District include child care centers, churches, civic facilities, museums, nursing homes, parks, social organizations and educational facilities. The Traffic Impact Statement (TIS) estimate indicates that the petition will result in 193 additional site-generated trips over the amount currently generated by the existing school facility. These trips will not exceed 5 percent of the LOS "C" design volume on Pine Ridge Road or lower the capacity below any County roads adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists Pine Ridge Road as a 4-lane road fronting the site. It should be noted that this segment is scheduled to be improved to 6-lanes 2001. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1, and 5.2 of the TCE of the GMP. In regards to land use issues, the surrounding properties include the NapleS Progressive Gymnastic Camp to the south, vacant land to the north while Estate zoned properties are to the east. It should be noted that the Community School currently has access off of Livingston Road that is adjacent to 'the Estate zoned properties. ? & In addition, Barron Collier High School is adjacent on the West Side of the Community School boundary. The site also abuts a FP&L easement that is located on the East Side of the site. As a result, the proposed petition should not adversely impact the existing land uses. In addition, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "CF" District are consistent with other community facilities in the area. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the compatibility of land use with land uses permitted in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for residential land uses and non residential land uses such as churches, schools and day care facilities. The adjacent agricultural lands to the north may be rezoned to a residential zoning district at a base density of 4 units per acre. The proposed petition to rezone to "CF" to allow for the expansion of the existing Community School with uses that are similar to that existing school uses. Furthermore, the subject petition is consistent with the FLUE and other applicable elements of the Collier County Growth Management Plan. FISCAL IMPACT: This rezone petition by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the vacant existing land will be further developed for school uses. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: Libraries Impact Fee: Fire Impact Fee: Road Impact Fee: Correctional Facility: Radon Impact Fee: B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $150.00 per student $0.1599 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $43.00 per 1,000 square feet The total amount of impact fees for the school addition is $43,145. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. b 2 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban (Urban - Mixed use District, Urban) designated area which provides for residential development along with certain non-residential uses that includes community facilities such as schools. As a result, the proposed rezone to "CF" is consistent with the Urban Mixed-Use district that permits community facility uses. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition R-99-8 subject to the conditions of approval that have been incorporated into the Ordinance. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since the site has been previously cleared, the Environmental Staff granted a waiver from submitting an Environmental Impact Statement (EIS) subject to the following condition. That an exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan approval. As a result, no Environmental Advisory Council (EAC) meeting was required for this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on January 6, 2000. They unanimously recommend by a 8 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. It should be noted that no one spoke in opposition tO this petition during the public hearing. However, staff received a letter concerning the possible adverse impact of the northern access driveway from Livingston Road. However, the applicant presented roadway plan for the proposed Livingston Road improvement that iljustrated that the access driveway would not adversely impact the Estate Zoned properties to the east. As a result, this petition has been placed on the Summary Agenda. 3 PREPARED BY: RAY BEL~S,~P~~CIPAL PLANNER CURR~ MT PLANNING SECTION REVIfl ./ RONA"L'] 3 NI~CP, MANAGER CURRENT PLANNING SECTION RoBEwIT~I. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT /. 6.o0 DATE DXTE DATE APPROVED BY: VINCE T A. AUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. R-99-8/EX SUMMARY/RVB/rb DATE 4 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMML~W DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: DECEMBER 2, 1999 PETITION NO: R-99-8, COMMUNITY SCHOOL OF NAPLES AGENT/APPLICANT: Agent: Mr. Terrance Kepple Kepple Engineenng, Inc. 3806 Exchange Avenue Naples, Florida 34104 Community School of Naples, Inc. Mr. Fred Prezeshkan, Vice President 3251 Pine Ridge Road Naples, Florida 34109 GEOGRAPHIC LOCATION: The subject property is located on the North side of Pine Ridge Road (CR-$96) and on the West Side of Livingston Road in Section 12, Township 49 South, Range 25 East. REQUESTED ACTION: The petitioner is requesting to rezone the subject 51.78 acre site from Agriculture (A) to Community Facility (CF) which will allow for the expansion of an existing Private school. PURPOSE/DESCRIPTION OF PROJECT: On September 13, 1994, the Board of County Commissioners approved a conditional use petition to add a 2.17-acre parcel into the existing school property that was first approved in 1983. The petitioner is now proposing to rezone the existing 35-acre school site along with 16.78-acres of vacant agriculture land to "CF". Since the "CF" District permits public and private parochial schools, the Community School may expand its facilities throughout the entire 51.78-acre campus site without needing to obtain other conditional use permits. The c,arrent enrollment is 640 students and is prO.lected to grow to 850 students dunng the next 10 3'ears. Other pem2~tted I IIIIIllllUllllll. ~]'"'"'"n ! IIIIIIIIlJJ J'Jl,llllllll] ~__. 34104 I.~4aster Plan Community School I -~.'~mmunity School of Naples ] of Naples uses in the "CF" District include child care centers, churches, civic facilities, museums, nursing homes, parks, social organizations and educational facilities. SURROUNDING LA.ND USE AND ZONING: Existing Conditions: The subject site is developed with a private school on approximately 30 acres and vacant agricultural land on 21.7 acres. Surrounding: North: East: South: West: Vacant, Zoned Agriculture A 235-foot FP&L Easement, Future Livingston Road right-of-way and residential, Zoned Golden Gate Estates Naples Progressive Gymnastic Camp & vacant land, Zoned Agriculture. Barron Collier High School GROWTH MANAGEMENT PLAN CONSISTENCY: This PUT) has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is located within the Urban Mixed Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for certain non-residential uses including community,' facilities such as churches, cemeteries, schools, fire and police stations. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed "CF" District is consistent with the FLUE of the Collier County GMP. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed rezone to the Community, Facility Zoning District will result in an additional 193 Weekday trips over the amount that is generated by the currently approved conditional use for a private school facility. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "C" design volume) on Pine Ridge Road or on Livingston Road when completed. The Traffic Circulation Element lists Pine Ridge Road as a 4-lane road fronting the project. It should be noted that this segment is scheduled to be improved to 6-lanes by 2001. Therefore, this petition is consistent with Policy 1.3 of the TCE. Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL LMPACT; Staff's analysis indicates that the pet~uoner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeolo~mcal Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, this project is subject to the following condition. If, during the course of s~te clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minLrnum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF EN~qRONMENTAL. TRANSPORTATION & INFRASTRUCTLrRE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of cnncal concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. It should be noted that the Environmental Staff granted a waiver from submitting an Environmental Impact Statement (EIS) subject to the following condition. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. As a result, no Environmental Advisow Council (EAC) meeting was required for this petition. In addition, the Transportation Ser~qces Staff has also recommended approval subject to the following stipulation. At the time of Final Site Development Plan review and approval, the petitioner shall redesign the water management retention ponds so that they will not encroach into the Livingston Road right-of-way adjacent to the site. The meets and bounds description of this right-of-way is described as follows: "The West 245 feet of the East 275 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 12. Township 49 South, Range 25 East, Collier County, Florida.' 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 project'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 it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infi-asU-ucture, 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 effect the timing of development because of subsequent permitting requirements. /'7. 3 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC 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 to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria as noted below. Each criteria is categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staffs re'new 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 a separate document that is attached to the staff report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the Community School currently has access off of Livingston Road that is adjacent to the Estate zoned properties (See Photo #1). In addition, Barron Collier High School is adjacent on the west side of the Community School boundary. The site also abuts vacant agricultural land to the north and southeast while a FP&L easement is located on the east side of the site (See Photo #2). As a result, the proposed petition should not adversely impact the existing land uses. In addition, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "CF" District are consistent with other community facilities in the area. Photo # 1 - Entrance off of Livingston Road. Photo 02 - View along FP&L Easement. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is designated Urban Mixed-Use on the Future Land Use Map, this district permits community facilities which are compatible with the public school to the west. Given the urban influence impacting this area, the proposed rezone to allow for the expansion of the Community School is similar to those existing and approved uses in the area and is also consistent with requirements of the FLUE to the GMP. This rezone petition will not change any consistency standard or relationship with the existing zoned properties. Utility Infraslructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of SDP review. 4 Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Pine Ridge Road or on Livingston Road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore, it should be appreciated that all future development is subject to actions that may be taken as a result of application of the County's Concurrency Management provisions. However, to improve traffic circulation and access onto Livingston Road, staff recommends the final access design is subject to Transportation Services approval. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition R-99-8 to the Board of County Commissioners with a recommendation for approval subject to the following conditions that have been attached to the resolution of adoption. a) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. b) At the time of Site Development Plan submittal, a copy of the SFWMD permit modification shall be submitted. c) An exotic vegetation removal, monitoring and maintenance (exotic fi-ee) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plar~constmction plan approval. d) At the time of Final Site Development Plan review and approval, the petitioner shall redesign the water management retention ponds so that they will not encroach into the Livingston Road right-of-way adjacent to the site. The meets and bounds description of this right-of-way is described as follows: "The West 245 feet of the East 275 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 12, Township 49 South, Range 25 East, Collier County, Florida." PREPARED BY: RAY[IjIELLOWS, PRINCIPAL PLANNER ~IJ~. Nltlq6,-AICP, MANAGER CURRENT PLANNING SECTION RO/B~HERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. lZ. 3. ?? DATE DATE /2- 7-Gq DATE DATE Staff Report for January 6. 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN RVB/rb/STAFF REPORT,/PUD-99-8 REZONE FINDINGS PETITION R-99-8 Section 2.7.2.5 of the Collier Count-,' Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Pro: Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. Con: Not applicable. Summary. Finding,; The proposed "CF" Zoning District is in compliance with the FLUE of the GMP as noted in the Staff Report. 2. The existing land use pattern; Pro: There is an existing public school to the west of the subject property that is consistent with the Community. School expansion plans. (See StaffReport) Con: The adjacent Estates zoned property to the east is part of an existing single-family residential neighborhood. Summary Findings: The existing private school has been operating on the subject site since 1984. To the north is vacant agricultural land while the land to west contains a public school. As a result, the subject site is not suitable for residential uses. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro; The proposed rezone is similar to the approved C-4 properties to the east and south. Con: Evaluation not applicable. Summary_ Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located adjacent to an existing public school. It is also consistent with expected land uses by virtue of its location in the Urban Mixed-Use District. EXHIBIT "A" Whether existing district boundaries are illogically drawn in relation to existing conditions on the properD' proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary_ Findings: Adjacent lands to the west include a public school while a portion of the subject site contains a private school. 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. In addition, the proposed rezone will allow the continued use of the Community School that has been operation since 1984. Therefore, the relationship of the proposed zone change to the FLUE of the GMP is a positive one. (See Growth Management Plan Consistency in Staff Report) Con: None. Summary. Findings: A private school has been in operation on this site since 1984. Now the school needs to expand its facilities at this location or move to a larger site. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro; (i) Existing community facilities to the west currently operate without adversely impacting traffic circulation in the area. By virtue of this fact it is reasonable that one assume that there will be little potential for adverse impacts from the continued use of the Community School on the subject site that fronts on Pine Ridge Road and Livingston Road. (ii) Recommended mitigation actions made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential communities in the area. Con: (i) The proposed expansion will increases the intensity of the school which could cause increased noise and traffic impacts on the nearby residences. Summary_ Findings: The proposed change will not adversely influence living conditions in the Estates neighborhood to the east because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the lea~st amount of adverse impact on adjacent and nearby developments. /?. 2 o 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 Wpes of vehicular traffic, including activiW during construction phases of the development, or otherwise affect public safety. Pro: (i) The petition to rezone the property as requested is consistent with all applicable policies in the traffic circulation element. (See Staff Report) (ii) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this community facility would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local and arterial road system serving the subject site. Furthermore, residential dwellings dependent upon the same local 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 Circulation Element. As a result, this petition will not excessively increase traffic congestion on any County road. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not 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. Summary Fiodings; Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; 10. 11. 12. Pro: The proposed rezone will not impact the circulation of light and air to adjacent areas. Con: None. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition that exists on the north and southeast sides. Con: None. Summary_ Findings: This is a subjective determination based upon anticipated results that may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro:/Con: Not applicable. Summary_ Findings: The basic premise underlying all of the development standards in the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary_ Findings: The petition is consistent with the FLUE of the GMP. Therefore, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with these plans are in the public interest. . ,.. //J 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 as contained in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed change to the CF zoning district complies with the GMP and is of similar size to the adjacent public school to the west. Con: The depth of the proposed CF district encroaches closer to the existing residential neighborhood to the east. Summary Findings; A policy statement, which has evaluated the scale, density and intensity of land uses, is deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Evaluation not applicable. Summary_ Findings: There are many other sites that are zoned to accommodate the school use. However, 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. ~ Evaluation not applicable. Summary_ Findings; Physical alteration is a product of developing vacant land that 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. Pr0/C0n: 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. REZONE FINDINGS R-99-8/RVB/rb /? b PETITION NO. COORDINATING PLANNER: COLLIER COUNTY APPLICATION FOR STANDARD REZONE Ray Bellows .DATE RECEIVE APPLICANT NAME (AGENT): Terrance Kepple PHONE: 403-1780 APPLICANT ADDRESS: 3806 Exchange Ave. Naples, FL 34104 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: Community School of Naples, Inc. 3251 Pine Ridge Rd., Naples B%~o~ PHONE: 597-7575 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 12 TOWNSHIP: 49 S RANGE: 25E SIZE OF PROPERTY: 1650 FT. X GENERAL LOCATION OF SUBJECT PROPERTY: ADJACENT ZONING AND LAND USE ZONING N A S A/CU E E W PUD & RSF3/PU EXISTING ZONING: A & A/CU PROPERTY I.D. #: .2~465 FT, ACRES:__5~_72L__ Pine Rid.~e & Livingston Rd. LAND USE Vacant farm land Gymnastics facility, landscape nursery Livingston Rd./Golden Gate Estates Cypress Glen Condo & Barron Collier H.S. REQUESTED ZONING: CF PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): Private school and related facilities ./Tb -1- DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY'TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: no . HAS A PUBLIC HEARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. no IS THIS PROPERTY CURRENTLY VACANT? __YES X NO. IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. Existina school and related facilities SIGNATURE oF PETITIONER OR AGENT DATE If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. If petitioner beneficiaries. is a land trust, so indicate and name If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STAND REZONE APP/md/14864 -2- II, R 99 8 AFFIDAVIT .~.~.~ ~J~//~½'~ b~ing duly sworn, depose and I, 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 sketo~es, data and other supplementary mater attached to and made a p~rt of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit ~f~,//f~ (AGENT'S to act as my representative in any matters regarding this petition. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me day of .~~ , 199~ by ~.~;~ ~/;~// , p_~s-~a~ly kn°~n t0-~. or who__ha~odu~-- ~~-~0~ ~' ~ho did~ no%~take a~-- (Signature of Nota%~Public) this who is as NOTARY PUBLIC Commission # My Commission Expires: ' SIGNATURE OF A'~EN~~ State of Florida County of Collier ,The foregQinq Agreement Sheet. was acknowledged before me this_ ~ known t~' or wh~as~roduced r,, ~s identification and who did ~an oath. ~ ~ ~ C0mm~sl0n # CC 75g~83 NOTARY PUB-LI~ ~ ~.~~ ~lres ~G. ~3,~ Co~ission ~ ~_~.Q~ ~ ~-~%~,~.,,c. My Co~ission Expires: -2- COMMUNITY SCHOOL OF NAPLES JAMES G. LANDI HEADMASTER Trustees Duane Stranahan, Jr. Pre~,tdent Fred Pezeshkan Vice President Jackie Cronacher Secretary Peter Sulick Treasurer Jeff Cameron Deborah Cook Julie Dalton Pat Read Diaz Robert Forbis Paul McKean Robert Morris Frank Neubek Adria Parsons Laurence Rich Cheryl Scheiner Kaye Stites L.N. Thompson. MD Emily Watt 1982-1998 February 25, 1999 Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 To Whom It May Concern: The Board of Trustees of The Community School of Naples has authorized John E Zeller, Business Manager, to sign documents on behalf of The Community School for matters of obtaining permits, rezoning, etc. Respectfully, Fr~shkan Vice President, Board of Trustees 3251 PINE RIDGE ROAD · NAPLES, FLORIDA 34109 (941) 597-7575 FAX: (941) 598-2973 Utility Provisions for Conditional Uses and Rezones 1. NAME: Community School of Naples I1,, R 99 8 .'I 2. ADDRESS: 3251 Pine Ridqe Rd. Naples 3. LEGAL DESCRIPTION: see attached PHONE: 5q7-7575 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ 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): B. C. D. COUNTY SYSTEM X CITY SYSTEM FRINCHISED SYSTEM PRIVATE SYSTEM NAME: 6. TOTAL POPULATION TO BE SERVED: 450 students - existing 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEAK 2. SEWER-PEAK AVERAGE DAILY AVERAGE DAILY 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: exist~n~ ~nmm~n 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. ./? 'b 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Developme'nt Division. The statement should also contain agreement to.dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COMMENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR -2- REZONE APPLICATION CHECKLIST AJ?PLICANT: Terrance Kepple, Kepple Engineering, Inc. ~.EQUESTING REZONING FROM A&A/CUTO CF FOR Private School 99 CHECKED BY: This checklist must be completed and submitted as part of the Rezone Application. If the rezone is for a Planned Unit Development (PUD), the PUD Requirements ~ec%list also must be completed and submitted as part of the Rezone, Application. A pre-application meeting with the Planning Services is required prior to submitting the rezone application package. The original plus Seventeen (17) copies must be initially submitted of all the following information unless otherwise indicated. Additional copies will be required when the petition requires transmittal to the EAB, CCPC and BCC. Submitted X X X waiver X X X X X X X X X I. APPLICATION FOR PUBLIC HEARING II. UTILITY FORM III. EIS OR EIS WAIVER REQUEST, IF 10 ACRES OR MORE IV. PLOT PLAN/OPTIONAL FOR RESIDENTI'AL REZONES; IF PLrD, SEE PUD REQUIREMENTS A. Scale, date, north arrow, name of project B. Dimensions of property C. Existing Nnd proposed buildings, lots, and uses D. Parking and loading E. Buffers, landscaped areas, open spaces, preserves F. Access points, existing highways, intersections, median cuts G. Internal circulation H. General water management features I. Utility facilities ! X X X X V. VICINITY MAP A. Name of project Bo Location of project Major roadways in vicinity of project VI. COMMITMENTS OF PETITIONER VII. SUPPORT INFORMATION X ae Detailed descrip~ioQ of the project includin9 the following: 1. Uses proposed 2. Acreage by land use typ_e 3. If roads are to be public or private, proposed connections to future or existing neighbors, location of controlled accesses, etc. 4. Residential Developments a. Density, number, acres and type of each residential unit b. If affordable housing - must comply with appropriate regulations 5. Non-residential projects (commercial, industrial) the following information should be supplied by the petitioner: a. A delineation of the area to be served. Market feasibility study required for large projects b. An identification of the types of proposed uses c. Maximum square footage of each type of commercial/industrial use d. Parking requirements by use and total provided e. Number of employees 6. Phasing Plan 7. Lighting of project 8. Road miles to nearest sheriff substations, fire station, school, and park 5u Dm 1 ~ed X X NA Be Statement indicating how and why the proposed project complies with the Growth Management Plan including the relationship of the proposed project to density and intensity of land use. Traffic Impact Analysis: See special requirements needed for transportation review. For residential Dro~ects the following information shall be supplied by the petitioner: 1. The total number of dwelling units by structure type (i.e. Single Family Detached, Multiple Family, etc.). 2. The bedroom composition of each structure type. 3. The gross and net density by proposed tracts or parcels. E. Reasons request should be approved X o List any past or proposed developments which may affect the determination of the requested change Identify any existing construction or uses in the project area which may affect the proposed use Document reasons why the property cannot be used in accordance with existing zoning NA Historical/Archaeological Survey and Assessment (if property located within Probability Area) Prepared by a Certified Archaeologist in accordance with Section 2.2.25.4 of the Land Development Code. X 2. Waiver of Survey and Assessment that has been approved by the Community Development Services Administrator or his designee. G. Other permits, County, state, and Federal, which have been issued, applied for or required to complete the project as proposed. OZONE PROCEDURES~md/lO~21~93 OR BOOK 001269 'PA'GE: EXHIBIT "A" (Legal Description of Property) A parcel .o~ land lying in and being pa~t o~ Section 12, Township 49 South, Range 25 Eaat, Col~ County, F~oclda, Commence.at the Southeast corner of Section 12, Township 49 South, Range 25 East, Collier County, Florida, thence North 89°32'07- West along the South line of said Section 12, 1385.92 feet to the' intersect/on with the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 12, thence North 00"05'53' West along said West line 75.00 feet to the North right-of-way line of Pine Ridge Roadl thence continue North 00~05~53' West along the Wes~ 1/ne of the Southeast 1/4 of the Southeast 1/4, 1245.24 fee~ ~o ~he intersection with the North line of ~he Sou~heas~ 1/4 of ~he Southeas~ 1/4 Section 12; ~hence Sou~h 89'33'10' East along said North line 690.65 fee= to the Intersection wt~h the East line of the Noc~hwes~ 1/4 of the Southeast 1/4 of the Sou=beast 1/4 Section 12 and the POINT OF BEGI~ING; thence Sou~h Eas~ along said Eas~ line 521.23 ieet; ~hence Sou~h 89'32~39' East 181.51 fee~ ~o the inters~tion with a line 510.00 feet West of and parallel with the East l~ne of Section 12; ~hence North 00=17'55' West along said line 521.28 'feet to the intersection with the North line of the Southeast 1/4 of the Southeast 1/4 of Section 12~ thence North 89'33'10' West along said North line 180.60 feet to the POINT OF BEGINNING. Bearings are based on the South line of Section 12, Township 49 South, Range 25 East as being North 89'32'07' West. Parcel contains 2.17 acres more oc less. tJA. P c,q~, r,--- TRUSTEE'S DEED THIS DEED is made on this 7.c~ay of September, 1998, between GEORGE L. 'VAi~N&DOE, Jndividuafly Gad iS Trustee (the 'Grantor"), and COMMUNITY SCHOOL OF NAPLES, INCL, · Florid· non-pr~llt corporztlon (thc "Gr~mc¢''), whose post o~ce ~ldre. ts is: 325l Pine Ridge Road, Naples, Fl., 34109. Thc Grantor, in consideration of the sum ofTEN AND NO/100 DOLLARS (Sill.tN}) and other 8ood and valuable consldcrations to said Grantor in hand paid by tl~ Granle~ tl~ tcc. cipt of which is hereby acknowledged, has granted, bargained and ~ld to thc said Orantee and Grantee's heM, succcssors m~d assigns forever, thc follov~ng dcscfi1~d properpj, situated, lying and being in Collier Count, ]qorida, to wit: .A porfionofSecfion 12, Township 49 South, R,'mge 25 East. Collier County, Florida, as mor~ p--~rticul.arly described as follows: Commence at the southea.,K c~mer of'Section 12, Township a9 Somh, Range 25 East, Collier County, Florida. Run North 00' 17' 55" West along the cast line of said Section 12, 1,981.08 fcct to thc intcrscction with thc noflh lira of the $c~beut 1/4 of~c Northeast 114 oftl~ Southmt l/4 or'said Scction West aJong said north linc 30.00 feet to the POINT OF BEGINNING. Thence continue North 89' 33' 42" West along the north line of the Southeast 1/4 of the Northca.~ 1/4 of the Southeast I/4, 480.04 feet; thence South 00* 17' 55" East ]~rallcl to and 510.00 $ou~h 89e 33' 10' East parallel to and 100.00 feet northerly ofd~ south line ofthe Southeast 1/4 of the Northeasl l/4. of thc Soutl~ast 1/4 of Section 12, 4~0.04 feet; thence North 00° 17' 55' West parallel to and 30.00 feel westerly ofthe et~ line of Section 12, 360.35 feet to a poinl on .the north linc of the Southeast I/4 ofth~ Northos.~ 1/4 ofth¢ Southeast i/4 ot'Section 12, Township 49 South, Range 25 East, Coilie~ County, Florida. Said point also being the POINT OF BEGINNINO. Thc above described property being subject to a Florida Power and Light Company transmission Hghl.of-way described as follows: The West 235.00 feet oft~ East 510.00 feet of the Southeast 1/4 of Section 12, Township 49 Somh, Range 25 East, Collier County, Florida. Tax Folio N,mb~r: 00255680000 SIIRJF. CT TO: real estate tnxo for the yau 1998 nnd subsequent),em; zonin8 nad u3c rcscrictio~ imposed by govcmmcflt~l authority and restrictions and gasements ** *.common to the subdivision. The abov. c describc-.d property is not thc homestead of Grantor or of any member of his family nor is such property contiguous to any such homcstcad property. TO I-lAVE AND TO HOLD the same in roe simplc and to thc proper usc and hencfit at'mid Grantee. ~ W~TN~$ WHEREOF, ~he undersigned Granlor has duly cxccmed and delive~ this insu~mcnt thc day m~d year fiTSt above wri.cn. Sisncd. Scaled ~qd delivered the Presence o/': I'rintcd Nettle: ~Xmvid P.. Hops~etta~ Individually and as Trustee STATE. OF FLORIDA COUNTY OF COLLIER THE FORI~OOINO INSTRUM~3qT WAS ^CICNOWLEDGED before me on lei, ~.c~_~l~" day of September. 1998, by GEORGE C. VAR.NADOE, individually and ns Trustee, is personally known to mc or ( ) who produced his as idcntLfication. Notary Public / Print Name: David p.. Hopmtetter Slate of Florida st La~c My Commission Expires; (Notary Seal) Thia i~Uumrn! p~pl,"e~ by:. David p. xep~(~'~. E.~ube. WARRANTY DEED THIS WARRANTY DEED, is made on this ~0' day of May, 1997, between JOHN A. PULLING, Jr., individually and as Trustee (the 'Grantor"), and COMMUNITY SCHOOL OF NAPLF_.S, INC., a Florida non-profit corporation, (the "Grantee'), whose post office address is: 3251 Pine Ridge Road, Naples, FL 34119. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described property, situated, lying and being in Collier County, Florida. to wit: The East one-half (E 1/2) of the South one-half (S 1/2) of the North one-half (N 1/2) of the North one-half (N 1/2) of the Southeast one-quarter (SE I/4) of Section 12, Township 49 South, Range 25 East, Collier County, Florida, LESS the east 30 feet thereof. Tax Folio Number: 00255760001 SUBJECT TO: real estate taxes for the year 1997 and subsequent years; zoning and use restrictions imposed by governmental authority and restrictions and easements common to the subdivision, provided however that none of them shall prevent use of the property for the purpose of a private school. And said Grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ' IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: ~.d~lted Name: : ~ e.I .6ec,,'X' l~.t -' John A. Pulling, Jr., individually and as Trustee snis Instrument P~pared By: Ketmefl~ R. Johnson, F. sq. Goodlcttc, Coleman & Johnson, P.A. 4001 Tamiami Trail North. Suite 300 Naples. FL 34103 STATE OF FLORIDA COUNTY OF COLLIER The foregoing insmunent was acknowledged before me on this ~l~'q~ day of May, 1997, by JOHN A. PULLING, Jr., individually and as Trustee, ( .,C/) who is personally known to me or ( ) who produced his driver's license as identification. Notary Public l'rint tlame: State of Florida at Large My Commission Expires: (Notary Seal) (Page 2 of 2) C :\ICRJ'~C SN\Pulli .l~g .WD C011 42~0St,S! tlc Ill lO,So ooc-.7o 3o?L?o C0FIIS 2,00 WARRANTY DEED lit~: C, OODLJI~I COLI~AI IT Al, ~801 ?AIIIAll YUIL ~lTI ~300 THIS WA~NTY DEED, is made on ~his 12~ day ~~ t~, betw~n-S20 H~H AVENUE COMPLY, L.P,, ~ ~laware IfmJt~ pa~ne~bip repaired m transa~ b~in~s in New York (the "GramoF), a~ COA~I~ SCH~L OF NAPLES, ~C., a ~o~dn flot-for-profi~ coroo~on (thc ~G~tcc"), whose ~s~ office address is: ~25I Pine Ridee ~o~d. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuabJe considerations to said Grantor in hand paid by the (3rantee, the receipt of which is hereby acknowledgect, has granted, bargained ~ sold to the said Gr~t~ and Grantee's heirs, successors and assigns forever, the folJowing described property, situated, lyin~ and being in Collier County, Florida, to wit: The South 230 feet of the following described parcel lying immediately to the north of and adjacent to the northerly boundary of existitLg prope~ owned by Community School of Naples, Inc., a Florida not-for-profit corporation, to wit: The North 1/2 of the North 1/2 of the Northeast 1/4 of ~e Southeast 1/4 of Section 12, Township 49 South, Range 25 East, Collier County, Florida LESS ~ EXCEPT THE EAST 30 I~KI' THEREOF which was conveyed to Collier County, a political sulxlivision of the State of Florida, ~y deed dated March 9, 1982 and recorded in Official. Records Book 0962, at Page 0930, of the Public Records of Collier County, Florida, Tax Folio Number: 00255720009 ~iUtUECT TO: real estate taxes for the year 1999 and subsequent years; zoning and use restrictions imposed by governmental authority and restrictions and easements common to the subdivision. And said Grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. prepared By: Kenn~ R. Johnson. Esq. OR; 2544 Pt3:'028'3 ...... IN WIT r~.,~S WHERi3OF, dw tmdcr,~i&~d Gruniot' Ila$ duly cxt:culecI ana delivered {his instrument the day and year firat above written. the Presence of: 520 FIFTH AYEN1JE COIVlFAN¥'~ a Delaware {imf{ed partnership registered to. {ransac! busioess in New York STATE OF NEW YORK COUNTY OF NEW YORK ) ) SS,: ) THE FOREGOING INSTRUMENT was acknowledged before me o. lhi~ 12t~ ,lay of ~roduced his .. driver'~ {ie~n.se. _ _ ag Me,iifieation, ag m g~n~ral p~n~r of ~0 I,'II,'1'11 AVE~W, COMPANV, I..P., a ~lawar~ iimi~d ~nership r~gistered to ~ansact Now York. on ~hnlf al' the pa~rghip. N0tlry Pub,, .; ,.; · No. O~. ' -;~.,:,;.~ F~ ~ommlsston Ex~eeJe.u.o Z;. ~O~ My Co~ission Expires: MAR~ ANDREW LAND~I Notary pu~llo, Stets of No, 0~LA~363~ qUllffied in NeW Yo~k CoO~/ (NoTa~ ~l) C:\KPJ\CSN\520.WD ORDINANCE NO. 2000- .&'q ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH EST.~BLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER BY CHANGING THE ZONING CLASSIFICATION OF TI-IE HEREIN DESCRIBED PROPERTY LOCATED ON PINE RIDGE ROAD (C.R. 896) AND LIVINGSTON ROAD (C.R. 881) IN SECTION 12, TOV~qqSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A" AND "A" WITH AN APPROVED CONDITIONAL USE FOR A SCHOOL TO "CF" FOR A PRIVATE SCHOOL AND RELATED FACILITIES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIX.T DATE. WHEREAS, Terrance Kepple, P.E. of Kepple Engineering, Inc., repr~enting the CommUmty School of Naples, Inc., petitioned the Board of County Commissioners to change the zomng classificanon of the hereto 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 real property as more particularly descnbod by Exhibit "A". attached hereto and incorporated by reference hereto, and located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" and with an approved conditional use for a school to "CF" and the Official Zoning Atlas Map Number 9512S, as d~cribod in Ordinanc~ 91-102, the Collier County Land Development Code is hereby mended accordingly. The hereto described ~ property is the same for which the rezone is hereby approved subject to the following conditions: Exhibit "B" which is attached hereto and incorporated by reference her~m. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County. Com/mssioncrs of Colher County, Floncim this __ day of ,2000. BOARD OF COL.~rTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCIC CLERK BY: , Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY MAR.~R.[E M. STUDENT ASSISTANT COUNTY ATTORNEY g~ad man/ORDINANCLtR-99-0g/RB/im LEGAL DESCRIPTION COMMENCING AT A POINT, SAID POINT BEANS THE SOUTHEAST CORNE¢~ OF SECTION ~2, TOWNSHIP 49 SOUTH, RANGE 25 mAST, COLLIER COUNT'Y, FLORIDA THENCE RUN NORTH 89']2'07" WEST ALONG ThE SOUT- LINE OF SECTION !2, 1,285.92 FEET, THENCE NORTh. 00'05'53" WEST 75 mE_FT. -- THE NORTH RIGHT-OF-WAY OF ~'NE RIDGE RD AND "HE 201NT OF BEGINNING. THENCE RUN: N 00-05-54 W S 89-33-56 E S 00-t7-55 E N 89-35-10 W S 00-t7-55 E N 89-32-,39 W S 00-11-54 E N 89-32-39 w S 00-05-5,3 E N 89-,32-07 W 2465.42 ~'EET 1 ~47.0.:3 FEET 1,220.53 FEET ,4.80.04 FEET 521.28 FEET 181.51 FEET 1,39.00 FEET 591.80 FEET 585.1~. FEET 100.00 FEET TO THE POINT OF BEGINNING, CONTAINING 51.78 ACRES, MORE OR LESS. EXlq]BIT "A" CONDITIONS OF APPROVAL (R-99-8) a) b) c) d) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the mimmum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. At the time of Site Development Plan submittal, a copy of the SFWMD permit modification shall be submitted. An exotic vegetation removal, monitoring and maintenance (exotic fi'ee) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. At the time of Final Site Development Plan review and approval, the petitioner shall redesign the water management retention ponds so that they will not encroach into the Livingston Road right-of-way adjacent to the site. The meets and bounds description of this right-of-way is described as follows: "The West 245 feet of the East 275 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 12, Township 49 South, Range 25 East, Collier County, Florida." EXHIBIT "B" EXECUTIVE SUMMARY PETITION CU-99-25 AMIN FARAH OF FIRST STOP, REPRESENTING RAIDA HAMDAN, REQUESTING CONDITIONAL USE "13" OF THE C-4 ZONING DISTRICT FOR A BUS STOP FOR PROPERTY LOCATED AT THE CORNER OF BOSTON AVENUE AND FIRST STREET, IN IMMOKALEE, FURTHER DESCRIBED AS LOTS 11 AND 12, BLOCK 1, CARSON SUBDIVISION IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, FLORIDA, CONSISTING OF 1+/- ACRES. OBJECTIVE: The petitioner is seeking Conditional Use "13" of the "C-4" General Commercial zoning district in order to allow for a Bus Stop on the same site as an existing Grocery Store. CONSIDERATIONS: Lot 11 is 15,000 square feet in area and is presently developed with a 3,000 +/- square foot grocery store, twelve paved parking spaces and a paved, 24 foot wide driveway abutting the east side of the building which interconnects the parking area with the access driveway off of First Street. Lot 12, which is 15,000 square feet in area, abuts the west side of Lot 11. Lot 12 is presently unimproved. This bus stop will service regular Greyhound type of passenger bus's which will stop at the site twice daily. Access to the developed portion of the site is provided by an existing driveway entrance located off of First Street. Additionally, there is an existing driveway entrance located off of Boston Avenue which provides direct access to the existing parking lot serving the grocery store. The petitioner plans to allow passengers to wait for the bus inside the grocery store, until improvements are made to existing space within the building. Once improved, this space will provide a designated passenger waiting room within the store. Provided the bus does not stop within the existing parking area or drive aisles, vehicular and pedestrian traffic should be able to move about the site safely and efficiently with the addition of the bus stop. PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: Primary access to the site for the bus can be provided from the vacant lot (Lot 12) which is part of this conditional use petition, provided a designated area is improved to provide a parking/loading/unloading area for passengers. There are two driveway entrances to the site, one located off of First Street and one off of Boston Avenue. These driveways provide direct access to the parking lot for users of the grocery store. Conflicts with other users/development on Lot 12 should not occur since Lot 12 is presently undeveloped. CONS: A large bus utilizing any existing access points to the existing grocery store, designed to accommodate passenger type vehicles may impede traffic circulation on the developed portion of the site. It may also block access to the parking lot, and may block the view of motorists at the intersection of First Street and Boston Avenue. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. This type of conditional use is ancillary to the primary use of the property which is for a convenience type of grocery store. A portion of the existing site will be redeveloped to improve existing pedestrian and vehicular access, however, it is likely that no structural improvements will be made to the existing building. Therefore, presumably the only fees collected for redevelopment on site will consist of building permit fees which typically off-set the County's cost for review of plans associated with the building permit application process. GROWTH MANAGEMENT IMPACT: This petition will have no impact on the County's Growth Management Plan. Traffic Circulation Element: The existing single story building is currently used for retail uses. A retail facility could generate 130 to 150 trips per weekday while the proposed conditional use will generate approximately 80 to 100 trips per day. The 80 to 100 trips per day are based on the ITE Trip Generation Manual for a bus depot. This petition is not to allow a bus depot, merely to allow for a bus stop in conjunction with an existing retail use. Based on staffs analysis, the difference in the site generated traffic will not exceed the significance test (5 percent of the LOS "C" design volume) on any County road. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). In addition, CR-846 (south of SR-29) has a traffic count of 11,048 and is operating at LOS "C". It should be noted that this segment is not projected to be deficient at the build-out of the project. Staffhas reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points on both Boston Avenue and First Street provides clear sight distance for users of the grocery store and motorists using First Street and Boston Avenue. It is staff's opinion that the on-site traffic circulation has been designed in a manner that reduces possible vehicular and pedestrian conflicts, provided the bus stop is located outside of those parking areas and drive areas which serve the existing business. 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 SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU-99- 25 subject to the stipulations as outlined in the resolution of adoption. [ ~c~A ~'r-~.Ja 25 2000 EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on January 6, 2000, the Planning Commission voted unanimously to forward a recommendation for approval of CU-99-25 to the Board of County Commissioners subject to staff's stipulations as outlined in the resolution of adoption. PREPARED BY: CHIEF PLANNER REV]' ~DBY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION /- 7-~000 DATE DATE , AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVE~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION DATE Petition Number: CU-99-25, First Stop NOTE: This Petition has been tentatively advertised for the January 25, 2000 BCC meeting. ~,./7£ JAN 2 5 2OO0 AGENDA ITEM 7-L MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 7, 1999 PETITION NO: CU-99-25, FIRST STOP BUS STOP AGENT/OWNER: Agent: Amin Farah 100 Boston Ave Immokalee, FL 34142 Owner: Ruth Miners 850 N. 15a' Street Immokalee, FL 34142 GEOGRAPHIC LOCATION: The subject site is located at the northwest comer of the intersection of Boston Avenue and First Street in Immokalee, specifically in Section 4, Township 47 South, Range 29 East, Collier County Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "13" of the "C-4" General Commercial zoning district in order to allow for a Bus Stop on the same site as an existing Grocery Store. PURPOSE/DESCRIPTION OF PROJECT: The subject site is comprised of Lots I 1 and 12. Lot 11 is 15,000 square feet in area and is presently developed with a 3,000 +/- square foot grocery store, twelve paved parking spaces and a paved, 24 foot wide driveway abutting the east side of the building which interconnects the parking area with the access driveway off of First Street. Lot 12, which is 15,000 square feet in area, abuts the west side of Lot 11. Lot 12 is presently unimproved. The site plan submitted does not show the location of the proposed bus stop. However, the bus currently stops along the east side of the existing grocery store, adjacent to First Street. This bus stop will service regular Greyhound type of passenger bus's which will stop at the site twice daily. Access to the developed portion of the site is provided by an existing driveway entrance located offofFirst Street. Additionally, there is an existing driveway entrance located off of Boston Avenue which provides direct access to the existing parking lot serving the grocery store. The petitioner plans to allow passengers to wait for the bus inside the grocery store, until improvements are made to existing space within the building. Once improved, this space will provide a designated passenger waiting room within the store. Provided the bus does not stop within t4~e~exJstinm':.;7;, 1 ® L parking area or drive aisles, vehicular and pedestrian traffic should be able to move about the site safely and efficiently with the addition of the bus stop. SURROUNDING LAND USE AND ZONING: 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 square footage 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 tlne 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 Sheriff's substation and a small government office complex. West: The property to the west, is right-of-way for 2nd Street, further west, are retail commercial uses. 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 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. 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 allows for general commercial, residential and employment center type of land uses. A bus stop in the Commerce Center/Mixed Use area could be considered compatible with the commercial types of land uses which are permitted by right in the C-4 zoning district. 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. Traffic Circulation Element: The existing single story building is currently used for retail uses. A retail facility could generate 130 to 150 trips per weekday while the proposed conditional use will generate approximately 80 to 100 trips per day. The 80 to 100 trips per day are based on the ITE Trip Generation Manual for a bus depot. This petition is not to allow a bus depot, merely to allow for a bus stop in conjunction with an existing retail use. Based on staffs analysis, the difference in the site generated traffic will not exceed the significance test (5 percent of the LOS "C" design volume) on any County road. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). In addition, CR-846 (south of SR-29) has a traffic count of 11,048 and is operating at LOS "C". It should be noted that this segment is not projected to be deficient at the build-out of the project. Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points on both Boston Avenue and First Street provides clear sight distance for users of the grocery store and motorists using First Street and Boston Avenue. The bus, when stopped adjacent to the east side of the building, appears to block the view for motorists heading east on Boston Avenue, when they are stopped at its intersection with First Street. It is staWs opinion that the on-site traffic circulation has been designed in a manner that reduces possible vehicular and pedestrian conflicts, provided the bus stop is located outside of those parking areas and drive areas which serve the existing business, and provided the view blockage as described above, is minimized. 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: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. A~.SNDA iT~q 2000 View looking east towards Lot 11 from Lot 12 Page 3 of 5 Case Number: 12-14-99 Image Date: 12/14/1999 Image File :%goliath\CDSImages\ 12-14-99\ 12-14-99-3 .JPG View looking southwest from Lot 11 file://C:\WINDOWS\TEMP~KG90E0.HTM ~."; 2 5 200~ 12/14/1~9. q View looking west from Lot 12 Page I of 5 Case Number: 12-14-99 Image Date: 12/14/1999 Image File:\\goliath\CDSImages\ 12-14-99\i 2-14-99-0.JPG :~;A iTt. NI View looking northeast from Lot 12 file://C :\WlNDOWS\TEMPXPKG90E0.HTM i ~,~,. 252000 ! 12/1~.!999 /19 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 recommended by Planning staff. CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable detenmnation must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The subject site is designated as Commerce Center/Mixed Use area on the Immokalee Future Land Use Map. This district permits types of uses related which function as an employment center, and commercial and institutional types of land uses. Uses permitted within this subdistrict shall include shopping centers, governmental institutions, schools and other employment generating uses. A bus stop could be considered to be related to commercial and institutional types of land use. Regardless, the subject property as it is currently zoned, is presently consistent with the locational criteria as it is presently adopted on the Immokalee Future Land Use Map. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: This petition is consistent with the Immokalee Future Land Use Map of the GMP. The proposed use is authorized in the Commerce center/Mixed Use area and is permitted in the C-4 zoning district as a conditional use. 4 Ingress and egress to properS' 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: Primary. access to the site tbr the bus can be provided from the vacant lot (Lot 12) which is part of this conditional use petition, provided a designated area is improved to provide a parking/loading/unloading area for passengers. There are two driveway entrances to the site, one located off of First Street and one off of Boston Avenue. These driveways provide direct access to the parking lot for users of the grocery store. Conflicts with other users/development on Lot 12 should not occur since Lot 12 is presently undeveloped. Con: A large bus utilizing any existing access points designed to accommodate passenger type vehicles may impede traffic circulation on the developed portion of the site. It mav also block access to the parking lot, and max' block the view of motorists at the intersection of First Street and Boston Avenue. Summary. Conclusion: The major points of ingress and egress to the improved portion of the site are already established and functioning due to the existence of the grocery, store on site. A large bus utilizing the existing driveway entrances and parking areas to load and unload passengers, could be hazardous to users of the grocery store, in addition to the passengers of the bus and other pedestrians utilizing the site. Existing traffic circulation patterns on site are conducive to passenger type of vehicles, but will prove difficult for large vehicles without some impediment to traffic circulation and parking. It is staff's opinion that a driveway and designated loading and un-loading zone, separate and apart from the existing grocery store, will provide a pedestrian/passenger safe and convenient bus stop which will not negatively impact parking or site circulation on the ~ocery store site. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The proposed site is located in an area of other commercial land uses and is adjacent to street fight-of-ways on the east, west and south sides. Con: There may be some properU.' owners which feel that the addition of a large bus visiting the site is objectionable. Provided adequate locational restrictions and restrictions on the number of buses stopping at the site are imposed, these restrictions should help mitigate the impacts of the bus stopping at the site. Summary Conclusion: The layout of the site and the configuration of the buildings within the development, and the commercial nature of the surrounding uses will help to lessen somewhat, any noise affects associated with the subject use. The installation of the required landscape buffer may help mitigate the impacts of noise associated with the bus stop. d. Compatibility with adjacent properties and other property in the district. Pro: Allowing a bus stop in this area provides oppommities for low cost, long distance transportation in a convenient location for citizens who may not have access to other popular forms of transportation. A bus stop in this location could be considered compatible with adjacent properties which are of a commercial nature, provided a reasonable limitation on the number of buses stopping or stopped simultaneously at the site can be achieved. Con: An excessive number of buses simultaneously waiting for passengers at the site, or stopping at the site on a daily basis, may be deemed incompatible with neighboring properties. Current access to the grocery store on the subject site is developed to accommodate passenger type of automobiles and by pedestrians. Pedestrian/automobile/bus conflicts are likely to increase if a reasonable limitation isn't placed on the number of buses permitted to stop at the site on a daily basis and an area separate and apart from the existing grocery store site is provided. Summary Conclusion: Surrounding land uses are of a commercial nature. Provided a limitation can be placed on the number of buses utilizing the stop on a daily basis and stopped at the site simultaneously, and provided a specific, designated area which can accommodate a bus stop can be established, compatibility between properties is likely to be achieved. ,,.u 2 5 2COO STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-25 for Conditional Use 13, Bus Stop, of the C-4, General Commercial zoning district, subject to the following conditions: ao 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). 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. do Greyhound type of passenger buses are permitted to stop at the site no more than three (3) times within a 24 hour period. At no time shall there be more than one bus stopped or parked anywhere on the site. Buses shall stop only within the designated "Bus Stop" area as shown on the attached site plan. Buses shall only stop on site for the purposes of loading or unloading passengers, there shall be no overnight or extended parking of buses on site. The bus stop area shall be located adjacent to the west side of the existing grocery store on Lot 12. Access to the bus stop shall be accessed off of Boston Avenue, directly onto Lot 12. Buses shall not be permitted to drive through parking areas or drive aisles located on Lot 11. ho Within sixty (60) days of approval of this petition by the Board of County Commissioners, the area where the bus loads and unloads passengers shall be paved with an area large enough to accommodate the dimensions of a typical Greyhound type of passenger bus. Additionally, the pavement shall extend an additional 10 feet to the front, rear and on both sides of the paved bus foot print (as described above) in order to provide safe and convenient access to the bus by passengers for loading and unloading. Paved pedestrian access to the bus stop area shall be provided from the existing grocery store. The site shall be brought up to current Land Development Code regulations with regard to Handicapped Parking space requirements and Dumpster screening regulations, within sixty (60) days of approval of this petition by the Board of County Commissioners. 7 JAN PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER .~, CU~ PLANNING MANAGER PLANNING SERVICES DIRECTOR DATE DATE DATE A PPRO/V~//B~: VINCENT A. (~AUTERO, AICP, ADMLX'ISTRATOR COMMUNITY DEVELOPMENT & ENVIRON. SVCS DIVISION DATE Staff Report for the January 6, 1999. This petition is tentatively scheduled for the January 25, 1999 BCC meeting. COLLIER COUNTY PLANNING CONLMISSION: s JAN 2 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BUS STOP CONDITIONAL USE "13" IN THE "C-4" ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSH~ 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing al[er notice as in said regulations made and provided, and has considered the advisability of Conditional Use "13" of Section 2.2 15.3 in an "C-4' Zone for a bus stop on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Amin Farah of First Stop representing Raida Hamden, with respect to the property hereinafter described as: Lots 11 and 12, Block 1, Carson Subdivision, as Recorded in Plat Book 2, Page 40, Official Records of Collier County. Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "13" of Section 2.2.15.3 of the "C-4' Zoning District for a bus stop in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. l^, l 2 5 2000 be and the same is hereby approved for Conditional Use "13" of Section 2.2.15.3 of the "C-4" Zoning District for a bus stop in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURIIqF_.R 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 ,2000. BOARD OF ZONING APPEALS COLLIER COU1VrY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: CHAIRMAN Approved as to Form and Legal Sufficiency: MamkM. Scudefi"' Assistant County Attorney g/admin/CU-99 -2 ~/RF~O LUTION//S M/~ -2- JAN 2 5 I? Exhibit A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-25 The following facts are found: Section 2.2.15.3.13 of the Land Development Code authorized the conditional use. o 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: ae Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~$ & egress Yes ~' No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated DJ Ccm~atibilityw~th adjacent properties and ot~'~ property in the district: Compatible use with~district Yes No Based on the above findings, this conditional use should, with stipulations, (co,~y,~a~ached) (should not) be reco,m,~nded for approval ____~~ DATE :__~~ C~AIRMAN: ~~~~__ ~lad~nle~r~ o~ ~ csanU~SlC~-~,~-2slS~l i, a JAN 2 S 2:?] Exhibit B CU-99-25 Lots 11 and 12, Block 1, Carson Subdivision, as Recorded in Plat Book 2, Page 40, Official Records of Collier County. Exhibit Exhibit D CU-99-25 Subject to the following conditions: ao 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 apphcation, 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). bo 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. Greyhound type of passenger buses are permitted to stop at the site no more than three (3) times within a 24 hour period. At no time shall there be more than one bus stopped or parked anywhere on the site. do Buses shall stop only within the designated "Bus Stop" area as shown on the attached site plan. Buses shall only stop on site for the purposes of loading or unloading passengers, there shall be no overnight or extended parking of buses on site. e° The bus stop area shall be located adjacent to the west side of the existing grocery store on Lot 12. Access to the bus stop shall be accessed off of Boston Avenue, directly onto Lot 12. Buses shall not be permitted to drive through parking areas or drive aisles located on Lot 11. Within sixty (60) days of approval of this petition by the Board of County Commissioners, the area where the bus loads and unloads passengers shall be paved with an area large enough to accommodate the dimensions of a typical Greyhound type of passenger bus. Additionally, the pavement shall extend an additional 10 feet to the front, rear and on both sides of the paved bus foot print (as described above) in order to provide safe and convenient access to the bus by passengers for loading and unloading, Paved pedestrian access to the bus stop area shall be provided fi'om the existing grocery store. go The site shall be brought up to current Land Development Code regulations with regard to Handicapped Parking space requirements and Dumpster screening regulations, within sixty (60) days of approval of this petition by the Board of County Commissioners.. JAN 2 5 2S30 APPLICATION FOR PUBLIC IlEA.RING FOR: ~ ~ 0 0 - ~ 5 Date Petition Received~ Petition No.: Cornrnission District: Planner Assigned: 5~ SA/-., ABOVE TO BE CO.MPLETED BY STAFF I. Gen_e. ral Information. Name of Applicant(s) ~UDAN ,,, Applicant's Mailing Address 100 Ave. City Tmmokalee F1 Applicant's Telephone # Fax # Name of Agent Amin Finn Boston State 9dl-657-3390 Farah First Stop Zip 34142 Agent's Mailing Address _.2_OJZ..13~;~m_ City Immokalee State F1 Agent's Telephone # 941 - 657 - 8222 Fax # Zip 34142 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE D!!IVE - NAPLES, FL 3410:! PHONE (941) 403-2400/F,~ (941) 643-6963 .-XPPLICATION FOR PUI].]~IC IIEARING FOR CONDITION_Al, PAGE 1 Complete the tbllowing tbr all Association(s) affiliated with this petition. sheets if necessary) Provide additional Name of Homeowner Association: Mailing Address Cit.,,, State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Adch'ess Citv State __ Zip__ Name of M[aster Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip Disclosure of Interest lnformafirml ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with ~ ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). NameandAd~ess Percenmgeof0wnership minors 100% Immokalee, F1 34142 APPLICATION FOR PUB_LIC HEARING FOR cON_DITIONAL USE - 6/98 PAGE Complete the following tbr all Associatiom s) affiliated ~vith this petition, i Provide additional sheets if necessary.) Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address btam __ Zip City ~' ~ ' Disclosure of Interest Information; ao If the property is owned fee simple by an hNDIVIDUAL 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). NameandAd~ess PercenmgeofOwnership Rn~h Minor~ 100% ~50 N. l~b ~kr~ot Immokalee, F1 34142 AP~PLICATION FOR PUBLIC IlEARING FOR CONDITIONAL USE - 6/98 PAGE 2 JAN 2 5 2530 If the property is owned by a CORPORATION, list the officers m~d stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Intere;t do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo 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 o f Contract: APPLII~ATION FOR PUBLIC tIEARING FOR CONDIIIQ~[IdSE - 6/'93 PAGE 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. NameandAd~ess Ralda Hamdan 100 Amin Farah 100 Boston Ave- Immokalee, F1 34142 Boston Ave. Immokalee, F1 34142 Date subject property acquired ( ) leased (~): 1996 Term of lease 10 'fr./m~sx If, Petitioner has option to buy, indicate date of option: terminates: ., or anticipated closing date and date option ho Should any changes of ownership or changes in contracts tbr purci~ase subsequent to the date of application, but prior to the date of the final public hem-lng, it is the responsibility of the applicant, or agent on his behalf, to 3ubmit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the applicatign: (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: 4 Township: Z_~ --'/ Range: Lot: 11, 12 Block: 1 Subdivision: Carson Plat Book__ Page #: Property I.D.#: 25580320007 Metes & Bounds Description: 150 100 & Size of pr0perty: 150 ft.X 100 fl. = Total Sq. Ft. 30,00~cres Address/generallocationof~ubjectpr. gg.e_~ Corner of Bosgon and First Street in Immokalee, Fi. APPLICATLQN FOR PUBLIC HEARING FOR CONDI]'IQ.~_AL USE - 6/.98 PAGE J,:: ,. 5 £ 7 ? 3 OF 15 Ad|acentz0ningandlanduse: Zoning Landuse N ParRing Lot S Sheriff Dept. E Dry Goods Store W Bar, restaurant Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadcquate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This applicatj, on is requesting conditional the ~_~ 4 district for {tyPe. or usE) Present Use of the Property: use# / of following matters, where applicable. Please provide detailed response to criterion listed below. Specify how and why the request is consistent (At.tach additional pages as may be necessaDg. Evaluation Criteria: Provide a narrative statement describing tiffs 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 Plarming Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the a~.of the APPLICATION FOR PUBLIC ilI~ARING FOR CONDITIONAL USE,:- 6L98 PAGE 5OF 15 7 a. Describe how the project is consistent with the Collier Countv Land Development Code and Growth Management Plan (include infmmation on how the request is consistent with the applicable section or portions of the Pature land use element): Provides a means for people to come into gown and leave safely. Immokalee needs this bus service. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic fi`ow and control, and access in case of fire or catastrophe: mhe hni l clSng i~ u? ka ~m~ for fi r~. p¢.~ not allowed to linger around the bus. The parking lot is larqe enouqh so other vehicles are not in danger. c. Describetheeffecttheconditionalusewillhaveonneighbofingpropeaiesinrelationto noise, gl~e, economicimpact andodor:___There is no way g_he bus would present a problem for neighborin9 business ~, It would help because it brings people into the neighborhood. d. Describe ~esite'sandtheproposeduse'scompatibilitywitha~acentprope~iesm~d o~erpropertiesinthedistfict:the adjacent parking lot is empty. The bar-restaurant and dry goods store said the people arriving on the bus generates business and new advertise- ment for them. At First Stop we have a waiting area for the passengers. Food and drinks is available. e. Ple~e provide any additional in~rmation w~ch you may ~el is relevant to this request. continue with. A lot of people use travel by bus and without it they would be walking or hitch-hikin§. .APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL US._E_:..O/_~.~8. PAGE OF 15 10. Il. Deed Restrictions: The County is legally precluded from entbrcing 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 . order to ascertain whether or not the request is affected by existing deed restrictions. Previou~ 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, xvhat ,,,,'as the nature of that heating? m,~ ho r~7. c~noct Additional Submittal requirem, ents: 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. copy of the pre-application meeting notes; Eleven (ll) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximmn scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan znay 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 thereo£, · 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 are'as [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 buffeting 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.); .APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). P, .GE ,~.F_._I 5~_._~ Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and'or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (;FIS), unless waived at the pre-application meeting; A historical and archeological survey or ~vaiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limitcd to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE. (i/9~ PA( CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST. IS TO BE SUBMITTED XNITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIP, ED REQUIRED 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and ali 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. ConceptualSite Plans 11 6. Environmental Impact Statement-(EIS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to _ Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in ~minal package. I understand that failure to include all necessary submittal information may result in the dela~of nroc~ss this petition. - Applicant/Agent Signature Date ~:~_ ,/7 ~--' APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/?§ PAGE 14 OF 15 __ ~e/I, Cc~s ~z,~ being first duly nvorn, depose ~ ~ t~t ~ pm~ ~ng; ~t ~ the a~ to the ~~ In ~ appl~, inching t~ d~~ of t~t ~o~on, all ~~, ~t~ a~ ~h~ ~p~~ ~ a~ch~ ~ ~ a ~n of ~ ~i~aon, ~e ~n~t and ~ ~ t~ ~t of ~ ~owi~ge and ~ief ~ ~d~ ~ the info~a~on ~u~ on ~ ~i~ti~ m~ be ~mpl~e ~ ~e ~ ~ ~ ~t~t ~ th~ f~, ~et~ comp~ ~~ or ~ ~ed ali requi~ inf~a~on ~ ~ ~mitt~. p~ o~ ~~ ~~e ~ ~ ~ ~ A ~ aa ~y ~~ ~ ~ ~s ~ing t~ Pe~on. ~~e of Pm~ ~ ~a~ of ~o~ ~ Typed or Printed Name of Ow,~er Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 29 day of S~ga 19.,~., by ct~ ~lllql~ who i~ personally known to me or Ires produced Il, Di~'IV'gRS t, lC:~'~ as identification. State of Florida County of Collier APPLICATION I~OR PUBLIC Florida) (Print, Type, or Stamp Commi~ioned Name Public) ...... - ; - PAGE1:5 OF 15 ] EXECUTIVE SUMMARY PETITION V-99-8, JAMES M. McGANN, REPRESENTING SOCIETY OF ST. VINCENT DE PAUL THRIFT STORE, REQUESTING A 15-FOOT VARIANCE FROM THE REQUIRED 15-FOOT SIDE YARD SETBACK TO O-FEET FOR PROPERTY LOCATED AT 3196 DAVIS BOULEVARD, FURTHER DESCRIBED AS LOT 133, NAPLES GROVE & TRUCK COMPANY'S LITTLE FARM #2, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 15-foot variance from the required 15-foot side yard setback to 0 feet, along the east property line to allow for construction of an addition to an existing building. CONSIDERATIONS: The petitioner wishes to construct an addition to an existing structure continuous with the building line of the existing building. Since the existing building is constructed on the lot line, this variance request is for a O-foot side yard along the east property line. The existing building was constructed when a zero-lot line building was permitted in C-5 zoning. The petitioner wishes to utilize a common building line for the proposed addition, allowing a larger, more uniform building. FISCAL IMPACT: Since the subject site is existing with infrastructure to support commercial approval of this petition would have no additional fiscal impact on the County. uses, GROWTH MANAGEMENT IMPACT: Since the use of the lot is commercial and within the parameters of the Heavy Commercial zoning district, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. AGE. NDA PLANNING SERVICES STAFF RECOMMENDATION: Because the existing building is already constructed along the eastern property line, staff recommended that the CCPC forward Petition V-99-8 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on January 6, 2000. That date was prior to the deadline for the preparation of this Executive Summary, therefore, the CCPC recommendation will be presented verbally at the BZA meeting. PREPARED BY: ~ ~ PLANNER ~ ~I~SGI-tL, SENIOR ENT PLANNING RO~ALD f. NiI~t~,'~ICP CURRENT PLANNING MANAGER /.3. o~ DATE DATE R~ERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE8 ADMINISTRATOR executive summaryN-99-8 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 13, 1999 SUBJECT: PETITION V-99-8 AGENT/APPLICANT: OWNER: AGENT: Society of Saint Vincent DePaul 2874 Davis Boulevard Naples, FL 34104 James M. McGann Society of Saint Vincent DePaul 2874 Davis Boulevard Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 15-foot variance from the required 15-foot side yard setback to 0 feet, along the east property line to allow for construction of an addition to an existing building. GEOGRAPHIC LOCATION: The subject property is located at 2874 Davis Boulevard, on the south side of Davis Boulevard, west of Airport Road South. AGENDA ITF_M PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct an addition to an existing structure continuous with the building line of the existing building. Since the existing building is constructed on the lot line, this variance request is for a O-foot side yard along the east property line. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Saint Vincent DePaul Thrift Store; zoned C-5 Davis Boulevard (SR 84) ROW, across which is the Sprint telephone maintenance facility; zoned C-5 Automobile sales & automobile repair; zoned C-5 Residential development; zoned RMF-6 Automobile repair; zoned C-5 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is an existing building on the property that was built when a zero-lot line building was permitted in C-5 zoning. The petitioner wishes to utilize a common building line for the proposed addition, allowing a larger, more uniform building. A~A ITEM~ JAN 2 5 2090 Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, the development regulations for the required side yard have changed. The previous zoning code (Ordinance 82-2) permitted a side setback of 0-feet. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner has an existing store on the property. Will the variance, if granted, be the minimum variance that will make possible the reasonable 'use of the land, building or structure and which promote standards of health, safety and welfare? A reasonable use of the land currently exists. However, the requested variance will be the minimum required to construct an addition along a continuous building line. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller side yard than would be permitted for a similar lot in the C-5 district Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. If the variance is granted, the addition will be constructed on the property line. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Management Plan. Growth STAFF RECOMMENDATION: Because the existing building is constructed along the eastern property line, staff recommends that the CCPC forward Petition V-99-8 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition. PREPARED BY: ~F~E'D I~RRE NE ITSpC HLALI~ NSiENN~'O-R P LA N N E R RE, llEWED BY: RJ~ ~A'L-~:. NINO, AICP CU :~RENT PLANNING MANAGER DATE DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-99-8 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN VARIANCE PETITION (VARIANCE FROM S~TBACK (S) REQUIRED FOR A PARTICULAR O~'DIS~R/C~ ?: V 99-08 Petition No. Date Petition Received: · Commission District: ABO~E TO B~ COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: ~o.ctety of St. Vincent de Paul 2874 Davis Blvd. Naples, Agent's Name: B r t a n £. F 1 . 3 41 0 4, Telephone: ~ Fax: Oohes 941-775-1667 941-775-2412 Asent's Address: ~500 Ra{io Rd., N.~gles. Fl. 34104 Telephone: Marlo LaMendola, Architect 262-4788 963 Trail Terrace Drive East, Naples, F1 941-643-5100 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 j.~ ~ 2 5 /JO0 -?2'omplete the following for all Association(s) affiliated with this petition. '(.Provide additional Sheets if necessary). Name of Homeowner Assocli~tlon: n / (1 Mailing Address . '~ Name~ of Homeowner Association: ri / a Mailing Address City Name of Homeowner Association: I~ / a, Mailing Address City /Stye ~Zip. City '· ~State Zip Name of Master Association: n/a Mailing Address City State ~ Zip Name of Civic Association: Mailing Address n/a City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Naples Grove & Truck Subdivision: c_ompany~ I t rtl e Unit Farms #2 Section Twp. Range Lot (s) 1 3 3 Property I.D. # Block (s) Metes & Bounds Description: The west 128 feet of the east 414 feet of Lot 133, Naples Grove & Truck Companys Little Farm #2 as recorded in Plat Book #1 page 27, Collier County Public Records. Application for Variance Petition - 8198 raEe 2 of 8[ ;~i-.~L-~ Address of SubJect Property: ...~lq~ nnvts Boulevard (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: -Zo~..n.~ ¢-~ $~ Vtnc~nt dp. Pntll Thrift St~re Adjacent Zoning & Land Use.' N C-5 S R -MF-§ W C-5 E .Sprint Telephone Maintenance Residential - MULTI FAMILY DWELLINGS Automobile Repair Bldg. Automobile Sales & Repair Minimum Yard Requirements for Subject Property: Front: Side: 25 feet Comer Lot: Yes [] No [] Waterfront Lot: Yes ~ No fi] ReM: 15 feet .................. Appllcaffou for Variance petition - 8/98 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed;' the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Th~s re~,Je~ ~$ for cnn~fr~lrfinn nf z n~w h.ildin~ hmhtnd our existing Thrift Store Buildtnq. The existing Thrift Stores east wall is constructed Just 0'-2" off the east property. The nr~enk h~tldtng is fifty {50'} wide by one h~ndred forty-eight (14n'} deep. ~e have t~o (2) temporary "Ted's Sheds" tn the, rear of our butldtn9 for storage of items ~e cannot dtsplay because of lack of space. _ ~e prapose to Construct ~ butldtn9 simtlar to our present butldtng tn back of our existinq butldtna. The ne~ butldin9 would be extended ustnq the extsttn~ east and ~est ~all lines as the perimeter base 11ne$ for the new buildtnq, The front (north) set ba~k 11nes ~ould be maintained, the rear (south] set,,back 11Bes ~ould be ftfteen feet. the side ,(west) set back 1tne$ ~ld be maintained. The v~rlance we are requesttnq ts on the east stde of our property ~here the extsttna east ~all of our butldtnq t$ presently constructed Just a few ,tnches off (~est of) the east property 11ne. ~e would ask for the vartance to matntatn the new buildings east wall on the same line aS the extsttnq butldtnqs, east wall, Auoilcatlon for Variance Petition - 8/98 Page (cont'd) INature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback fi'om 25' to 18'; When property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Prooerty ,just east of our butldtnq ts betnq occuppted by a Used Car Sales Company, a Automobile Repair & Rebutlder, and a mobtle home nn the r~ar end of the Int. The approximate date of the construction extsttng butldtnq is 1gG2. We (Society of St. Vincent de Paul) purchased the prooerty and building tn 1972. The encoachment variance ts reauested to provtde additional direly needed space espectallv..durtng the seven (7) seasonal months when the donations tm~rease, $o tha~ we can store merchandise for the other ftve (5) lean months when suppltes are needed by the poor and needy. Because of the seasonal layoffs and demands for our services and provisions durtng the lean months~ we need space for provOst-ohs until, the next seas~on begins. We must matntatn the a~loted spaces for parking which prohibits any mxnan~tnn tn th~ we~t.~tde of the property. ~Juu Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the "'""~ard of zoning Appeals, and that the Board of zoning appeals shah be guided in its determination to approve or .'ny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Ate there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. don't have enoMgh ~pace for the Rtnrage nf ttem~ dnnat~ during the season, for demands for provt~ton~ ~e need off season Ate there special conditions and circumstances which do not result f~om the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The pre-extstinq condition of the extsttng buildings locatlon on the east property 1the leaves us no alternative but to expand to the area thats available on the south half of the property. Will a literal interpretation of the provisions of this zoning code work -nnecessary and undue hardship on the applicant or create practical difficulties on the applicant. would work unnecessary and uq~l~e hardshtp on appllcant a~ code it would restrict the space desperately needed for all the practical purposes of our mtsston and operations. Will the variance, if granted, be the m~.imum variance that v/iH make pnss~le the reasonable use of the land, building or structure and which promote standards of healtlg safety or well'are. Should a vartance be granted on the east property 11ne it wtll indeed make it possible for a reasonable use of the land for adequate additional space that would promote the welfare of m lndtvlduals and would also be beneficial for a healthier ltfe for others. This addttton would e t e v th bl t nteres App~a~o. tSor ~ar~lnee ~et~flUon - ~I/~S t. improve our operations and Page $ of 8 5. Will granting the variance requested confer on the petitioner any special privilege that Is denied by these zoning regulations to other lands, buildings, or stmctmes In the same zoning dis~ct. Wp dn~'f fa~l fhaf. nlJr r'~q.p~:f ~n.ld a11n~ any c?e¢-ial privilege · a~ t'_'h~t"p ara nt:hpr h~JJldtngR and land~ fh,af harp ~tm'11ar circumstances extRttng now tn nu'r ~nntng dtR[rtc[. 6. WiHgran~gthevaflancebeInhs.rmonywith theIntentandpurposeorthiszoningcade, s~dnotbe ~utlo~totheneig~orhoo~otothe~lsedetrimenMItothepubllcwelrare. We feel that the Intent and purpose of the z~ntn'q codes js to protect the rights of others and further feel that thts extension to our factlJttes would not be Injurious but would be an asset to the publlcs welfare. 7, Are~enaturalconditio~ orp~sicaUy~ducedcondi~o~thatsmellontethegoals~d o~flvesofthete~laflon ~Ch~natursl~eserves, l~,golfcourse, etc. There are no natural conditions or ohystcal condt[ton~ [hat are obvtous 'to us that would Interfere.with ~resent regulations regarding the natural preserves such as lake~ etc, however the h'utldtnq extension would Amprove our mJsst~n t~ atd others. 8. Will granting the variance be consistent with the growth management plan. To our knowledge the extension of our servtces tn a new butldtng extended from our extsttng building.would no~ Interfere wtth ang growth management plan as we plan to matntain our landscaping density and adequate parktng on our extsttnq pr AGENDA IT VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE UIREMEN TS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 1 a) Ail property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference " 7. Application fee, checks shall be made payable to - Collier County Board of Commissioners 8. Other Requirements- . As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submit+al information may result in the delay of processing of this petition. '" Applicant/Agent ~ignature Application for Variance Petition - 8198 Page 7 of 8 iTEM ?Yell, ~~/tg~. ~ l~f / l~xf being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which ts 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 Well further authorize ~",o,~ ~.f --~- /~. ~t~/A/ to act as our/my representative in any matters regarding this Petition. Society of St. Vincent De Paul N~es District Council~ Signature of Property Own~.r Signature of Property Owner Typed or Printed Name of Owne/ ' Society of St. Vincent.De Naples District Council Typed or Printed Name of Owner Paul The foregoing instrument was acknowledged before me this ~,.9._ day 19 f ? , by ~,~ ~,~2~ who ts personally known to me or h/as produced as identification. State of Florida County of Collier OMA RI~,N J. M£RnL~"LL i/~m~ ~ IIO~t o. (,~fgnature o~otary Public - $tat~ _ 0 (Print, ~e, or ~mp Comm~siot Name of Nota~ PubtlO ed JAN 2 2 00 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-99-08, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance fi.om the required side yard setback of 15 feet to 0 feet as shown on the attached plot plan, Exhibit "A", in a C-5 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-08 filed by James M. McGann, representing Society of St. Vincent de Paul Thrift Store, with respect to the property hereinafter described as: Lot 133, Naples Grove &Track Company's Little Farm #2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 15-foot variance fi.om the required side yard setback of 15 feet to 0 feet as shown on the attached plot plan, Exhibit "A", of the C-5 Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -1- BE IT RESOLVED that this Resolution relating to Petition Number V-99-08 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: MamikS. Scuderi -- Assistant County Attorney G ::adrrUruV-99-08 RESOLUTION/FR./ts CHAIRPERSON -2- - :! Exhibit "A" ITEM