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Agenda 03/14/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 14, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGlSTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PR1OR 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, WHlCH 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 1N THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE lN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION- Reverend Susan Diamond, First Christian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS APPROVAL OFCONSENTAGENDA. APPROVAL OFSUMMARYAGENDA. C. APPROVAL OFREGULARAGENDA. 1 March 14, 2000 4. APPROVAL OF MINUTES A. February 8, 2000- Regular Meeting lk February 22, 2000- Regular Meeting C. February 24, 2000 - Town Hall Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of September, 2000, as Ovarian Cancer Awareness Month. To be accepted by Ms. Carolyn Benivegna, President, Southwest Florida Chapter, National Ovarian Cancer Coalition, Inc. 2) Proclamation proclaiming the week of March 12-18, 2000, as Project Safe Place Week. 3) Proclamation proclaiming the week of March 12-18, 2000, as The 21't Anniversary of the Know Your County Government Week. To be accepted by Mr. Alexander Pezeshkan and Ms. Susan Foley. SERVICE AWARDS I) Geoffrey Grabner, Water Lab - 15 Years 2) Richard Humberger, EMS - 15 Years 3) Margret Bowles, IT - 10 Years 4) Kevin Rafferty, Wastewater Collection - 10 Years 5) Edward Finn, Public Works Ops. - 10 Years 6) Gary Kessler, Parks & Recreation - 10 Years 7) Dawn Wingo, Domestic Animal - 5 Years 8) William Coakley, IT - 5 Years 9) Raul Quintanilla, Parks Maintenance - 5 Years PRESENTATIONS 1) Recommendation to recognize ,left Kucko, Plans Review Specialist, Building Review and Permitting Department, as Employee of the Month for March 2000. 2 March 14, 2000 APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Robert Bender regarding operations problems at the North County Regional Water Treatment Plant. B. Sandra Miller requesting a special blasting permit. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request by Dorothy E. Rundeil, representing Southwest Florida Bird Club for a waiver of right-of way permit fees for a special event. 2) Petition C-2000-3, The Naples Children's Festival requesting a permit to conduct a festival from March 31 through April 2, 2000 on County owned property adjacent to the Golden Gate Community Center on Golden Gate Parkway. 3) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 2000 MEETING. Approve an alternative road impact fee calculation for the Naples Philharmonic Center for the Arts. B. PUBLIC WORKS 1) Approve Work Order No. ABB-FT-00-03 with Agnoli Barber & Brundage, Inc. (AB&B) to update the construction plans for the proposed widening of 111th Avenue from U.S. 4I to Vanderbilt Drive. Project No. 60031. 2) Approve Resolution to enable advanced right-of-way acquisitions. 3 March ] 4, 2000 3) Status Report to the Board of County Commissioners on Phase 1 of the Countywide Computerized Traffic Signal System and a request for staff to pursue a Joint Participation Agreement (JPA) with the Florida Department of Transportatio~i (FDOT) to advance funding for Phase II of the project. 4) Approval of funding for deputy assisted traffic control. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Consideration to approve County Administrator Employment Agreement. C. Appointment of members to the City/County Beach Renourishment Maintenance Committee. D. Confirmation appointment to the Tourist Development Council. E. Request for approval to invite the other 4 southwest counties in Florida to a Water Resources Workshop presented in lmmokalee by IFAS. ( Commissioner Berry) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 4 March 14, 2000 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-85-01(2), R. Bruce Anderson, Esq. of Young, VanAssenderp, Varnadoe and Anderson, P. A., representing Harley Davidson of Naples, Inc. requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Naples Gateway PUD for the purpose of amending the PUD document having the effect of adding new and used motorcycle sales and service and sales of related merchandise as a permitted use for property located on the north side of Pine Ridge Road, east of Livingston Road and west of 1-75, in Section 7, Township 49 South, Range 26 East, Collier County, Florida, consisting of 13.45+/- acres. 2~ THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 2000 MEETING. Petition PUD-92-04(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 Commercial Park, eliminating the hospital, 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. 3~ THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 2000 MEETING. Petition PUD 98-20, William L. Hoover, AICP, representing Gulf Sun Corporation, requesting a rezone from "A" to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately ¼ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85+ acres: 4~ THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 2000 MEETING. Petition No. PUD-99-15, Michael Fernandez, AICP, of Planning Development, Inc., representing Dean Huff, Trustee, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Alexandria PUD for a maximum of 72 dwelling units for property located on the east side of the future Livingston Road extension, south of Pine Ridge Road (C.R. 896) and north of Golden Gate Parkway (C.R. 886) in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 19.58+/- acres. 5) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 2000 MEETING. Petition PUD-99-16, Kevin McVicker, P.E., Phoenix Planning and Engineering, Inc., representing 5 March 14, 2000 Gulf Sun Corporation, requesting a rezone from "A" to "PUD" to be known as Whippoorwill Pines PUD, a residential development not to exceed 180 dwelling units, located approximately ½ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 29.54+ acres. 6) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Petition PUD 99-13, Michael R. Fernandez, AICP, of Planning Development, lnc., representing Relleum, lnc., requesting a rezone from "A' Rural Agriculture to "PUD" Planned Unit Development to be known as Balmoral PUD for a maximum of 154 residential dwelling units for property located on the east side of the future Livingston Road, north of Golden Gate Parkway (C.R. 886) and south of Pine Ridge Road (C.R. 896), in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 39.58 +/- acres. 7) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED INDEFINITELY. Petition. PUD-99-14, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Marian H. Gerace and Wallace L. Lewis, Jr., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Livingston Village for a maximum of 540 residential dwelling units for property located east of the proposed Livingston Road, North of Wyndemere PUD, in Section 19, Township 49 South, Range 26 East, Collier County, Florida, consisting of 148.98 +/- acres. C. OTHER l) Recommendation that the Board of County Commissioners approve a resolution making a finding of necessity for the blighted areas of Bayshore/Gateway Triangle and Immokalee and approve a resolution to establish the Collier County Redevelopment Agency. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 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. 2) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 22~ 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 6 March 14, 2000 3) Pelican Street East, further described at Lot 40, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. Petition V-99-27, Boyett Design Group representing Larry W. Ormsby requesting a 10 foot variance from the required 25 foot rear yard setback to 15 feet for a stairway for a property located at 210 6th Street West, and is further described as Lot 31, Block "E', Little Hickory Shores Unit No. 2, Collier County, Florida. 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) Authorize the Natural Resources Department Director to apply for artificial reef grants. 2) A resolution by the Board of County Commissioners of Collier County, Florida, certifying that the Habitat for Humanity of Collier County, Inc. Program for the construction of housing for very iow income persons is consistent with the Collier County Growth Management Plan and implementing regulations thereof. 3) This item has been deleted. 4) Budget Amendment for Community Development and Environmental Services' purchase of an electronic document folding, inserting and addressing system. 5) Petition C-2000-4, Luis Maldonado, Coordinator for Mission Possible Ministries, requesting a permit to conduct a Youth Fair "2000 Awakening" on March 23 through March 26, 2000, on the "El Caivario" church property located at 14601 East Tamiami Trail. 6) Request to approve for recording the final plat of"Naples Gateway Phase I" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7 March 14, 2000 7) Request to approve for recording the final plat of "Links at the Strand" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. ' 8) Request to approve for recording the final plat of "Naples Walk Unit Two". 9) Request to approve for recording the final plat of"Mediterra Parcel 104". 10) Final acceptance of water facilities for Contessa Condominium. 11) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Aaron Godwin and Amanda S. Godwin at 3240 21't Street, S.W., Golden Gate Estates, Collier County, Florida. ~2) Request to approve for recording the final plat of"Mediterra Parcel 103" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. ~3) Request to approve for recording the final plat of"Mediterra Parcel 105" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 14) Request to approve for recording the final plat of"Mediterra Parcel 108" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. ~5) Request to approve for recording the final plat of"Escada at Tiburon" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. B. PUBLIC WORKS 1) This item has been deleted. 2) Award Bid #99-3019 -"Seven (7) Chemical Metering Pumps." 3) Approve a Budget Amendment to purchase equipment in the Transportation Services Department. 4) Recommendation that the Board of County Commissioners approve an lnterlocal Recycling Agreement with the City of Marco Island and authorize the Chairman to sign the Agreement. 5) Award Bid No. 00-3043 for the purchase and delivery oforganic and inorganic Mulch. 6) Award Bid #00-3036 for Ready Mix Concrete. 8 March 14, 2000 7) 8) 9) 10) 12) I4) 16) 17) 19) 20) 21) 22) 23) 24) Approve Third Renewal of Kisinger, Campo & Associates Corp. on Bid #95-2430. Convey a Conservation Easement to South Florida Water Management District to provide off-site mitigation for Immokalee Road Improvements from 1-75 to C.R. 951. Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the four-laning improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52. Approve staff ranking of firms for Contract Negotiations for Design and Permitting Services for Immokalee Road (C.R. 951 to 43rd Ave. N.E.) Four Lane Improvements, RFP #99-3020. This item has been deleted. Approve Change Order to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828. Approve Work Order CDM-FT-00-03 to Camp Dresser & McKee, Inc. for Professional Engineering Services related to upgrading the Pelican Bay Wellfieid, Project 74039. Approve Work Order TLC-M/E-00-05 to Tilden Lobnitz Cooper for Professional Mechanical/Electrical Engineering Services related to South County Regional Water Reclamation Facility, Motor Operated Valves, Project 73916. Approve Work Order TLC-M/E-00-04 to Tilden Lobnitz Cooper for Professional Mechanical/Electrical Engineering Services related to upgrading the Pelican Bay Wellfield, Project 74039. Approve the exchange of land located in Unit 34, Golden Gate Estates, Tract 14, for the purpose of widening Pine Ridge Road. Approve three (3) Agreements for the acquisition of right-of-way for the Pine Ridge Road Six-Laning. Recommendation that the Board terminate the Contract with Environmental Care, Inc., Bid #98-2844, for Davis Blvd. MSTD Grounds Maintenance. This item has been deleted. This item has been deleted. Approve a Non-Disturbance Agreement with Berkshire Park Limited Partnership. Approve Work Order #TE-98-TO-06 with Tindale Oliver and Associates, Inc. for a Traffic Analysis for a proposed roadway within a Florida Power & Light Easement from Radio Rd. to Davis Blvd., Project No. 60135. Approve Work Order No. SMT-FT-00-01 with Southern Mapping Technology, Inc. a Survey of the proposed roadway located in the Florida Power & Light Easement between Davis Blvd. & Radio Road, Project No. 60135. Authorize the Chairman of the Board of County Commissioners to execute a Sovereign Submerged Lands Easement for the Wiggins Pass Maintenance Dredi{ing Project. 9 March 14, 2000 PUBLIC SERVICES I) Re-approve an agreement between Collier County and Bay Colony- Gateway, Inc. for the exchange of property and construction of a larger replacement beach parking lot at the west end of Seagate Drive within Naples Cay. 2) Approve Master Agreement 203.00, Amendment #001 relating to Services For Seniors' grant programs. 3) Approve a resolution to close SR 29 and County Road 9th Street and Roberts Avenue in lmmokalee for Museum fundraiser. 4) Authorization to advertise an amendment to Ordinance #89-69 on inoculation against Lethal Yellowing disease in Coconut Palms. Approve the purchase of a picnic shelter for East Naples Community Park. Approve the assignment of an agreement for beach concessions. Approve contribution agreement with Richard R. Harshman and William H. Everett. Authorize the Collier County Public Library to submit an application for a Library Services and Technology Act Grant and authorize the Chairman of the Board of County Commissioners of Collier County to sign the grant application. Authorize Chairman to sign certification to enable Library to apply for a Library Services and Technology Act (LSTA) Grant. s) 6) ~) 8) 9) De SUPPORT SERVICES I) Approval to Award Bid #00-3035 to Precision Cleaning Inc. for Exterior Pressure Steam Cleaning. 2) Rejection of Bid #99-2994, Hazardous Material Training. 3) Recommendation for the Board to Terminate Contract 98-2778, Telephone Services Outsourcing, for Convenience. lO March 14, 2000 5) Approval of a Ground Lease Agreement between Collier County and the State of Florida Department of Juvenile Justice and Execute a Resolution Regarding Same. Approval of Amended Collective Bargaining Agreement between Board of County Commissioners and the international Association of Fire Fighters, Local 3670. 6) Approval to Award Bid #99-3030 for On-Call Roofing Inspections & Repair Services. 7) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 8) Authorize the Chairman to Execute a Revocable Temporary License to Florida Power & Light Company that will Benefit the Installation of an Odor Control Fan System at the Naples Landfill and Adopt the Necessary Resolution. COUNTY ADMINISTRATOR 1) Approve Budget Amendment Report - Budget Amendments #00-150; #00-152; #00-157; #00- 160; #00-163. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 1) Award of Bid 99-3018 for the lease purchase ora 2000 Brush Patrol Vehicle. 2) Request approval by the Board of County Commissioners to authorize the Chairman to sign the Volunteer Fire Assistance Grant Request. 3) To authorize the Chairman to sign State of Florida EMS Matching Grant Applications. 4) To update the current EMS Data Collection Program with purchase of EMS Solutions 2000 Data Collection Software. 11 March 14, 2000 MISCELLANEOUS CORRESPONDENCE OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. 2) Approval of an Aircraft Storage Space Agreement with the City of Naples Airport Authority for the Sheriff's Office. J. COUNTY ATTORNEY l) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 110A in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case No. 99-3683-CA (Golden Gate Boulevard between C.R. 951 and Wilson Boulevard. 2) Recommendation that the Board of County Commissioners approve additional expert fees associated with the acquisition of parcels 713A, 713B, 813A and 8lB in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et aL, Case No. 98-1672-CA (Airport - Pulling Road 6-Laning Project from Pine ridge Road to Vanderbilt Beach Road). 3) Recommendation that the Board of County Commissioners approve direct payment expert fees and costs associated with the acquisition of various parcels in the lawsuit entitled Collier County v. Naples Italian American Club, Inc., et aL, Case No. 98-1672-CA (Airport - Pulling Road 6-Laning Project from Pine Ridge Road to Vanderbilt Beach Road). K. AIRPORT AUTHORITY 12 March 14, 2000 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. Petition CU-2000-02, Diane Fiagg, Chief, Collier County EMS, and Sandra Taylor, Collier County Real Property, on behalf of the Board of County Commissioners, requesting a Conditional Use for essential services in the "E" Estates zoning district per Section 2.6.9.2 for an EMS and Sheriff's substation for property located at the southwest corner of Golden Gate Boulevard and 13th Street SW, in Section 8, Township 49 South, Range 27 East, Collier County, Florida, consisting of 2.57+ acres.. B. Petition VAC 99-017 to vacate two portions of 12th Street North located in Section 22, Township 49 South, Range 25 East, Collier County, Florida. Co Petition VAC 99-018 to disclaim, renounce and vacate the County's and the Public's interest in a road right of way easement located within the Whippoorwill Woods PUD which was conveyed to the County by O.R. Book 650, Page 1643 and O.R. Book 947, Page 1940, Public Records of Collier County, Florida, located in Section 18, Township 49 South, Range 26 East. Petition VAC 00-005 to vacate the 8' lake maintenance easement along the rear lot line of Lot 45, "Terracina at the Vineyards", as recorded in Plat Book 29, Pages 88 through 93, Public Records of Collier County, Florida, located in Section 5, Township 49 South, Range 26 East. E. A resolution amending the legal description of Resolution 2000-28 for a property known as Saint Vincent De Paul Thrift Store to correct a scrivener's error in the legal description. Petition R-99-12, Lisa H. Barnett of Cheffy, Passidomo, Wilson & Johnson, LLP, representing Benedict P. Miralia, Trustee, requesting a rezone from "A" Rural Agricultural to "C-4" for property located on the west side of U.S. 41 North approximately 1500 feet south of the Wiggins Pass Road intersection, in Section 16, Township 48 South, Range 25 East, Collier County, Florida, consisting of 3.53 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 13 March 14, 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MARCH 147 2000 ADD: ITEM 9(A) - RECOMMENDATION THAT THE BCC APPROVE A BUDGET AMENDMENT NOT TO EXCEED $1,500.00 TO PAY FOR THE NOISE EXPERTS TO PRESENT THEIR FINDINGS AND RECOMMENDATIONS TO THE BOARD REGARDING THE PROPOSED NOISE ORDINANCE AMENDMENTS. (COUNTY ATTORNEY). ADD: ITEM 10(F) - EMERGENCY AMENDMENT TO THE COLLIER COUNTY TAXI ORDINANCE (COMMISSIONER CONSTANTINE). ADD: ITEM 10(G) - DISCUSSION OF LAND DONATION FOR PASSIVE PARK (COMMISSIONER BERRY). MOVE: ITEM 16(B)(9) TO 8(B)(5) - ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR LIVINGSTON ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52. (STAFF'S REQUEST). CONTINUE: ITEM 8(B)(1) - (NO DATE) - APPROVE WORK ORDER NO. ABB-FT-00-03 WITH AGNOLI BARBER & BRUNDAGE, INC. TO UPDATE THE CONSTRUCTION PLANS FOR THE PROPOSED WIDENING OF 111TM AVENUE FROM U.S. 41 TO VANDERBILT DRIVE; PROJECT NO. 60031. (COMMISSIONER CARTER). CONTINUE: ITEM 8(A)(3) TO MARCH 28TM MEETING: APPROVE AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE NAPLES PHILHARMONIC CENTER FOR THE ARTS. (PETITIONER'S REQUEST). CONTINUE: ITEM 12(B)(4) INDEFINITELY: PETITION PUD 99-15, REQUEST FOR A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" TO BE KNOWN AS ALEXANDRIA PUD FOR A MAXIMUM OF 72 DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD EXTENSION. (PETITIONER'S REQUEST). CONTINUE: ITEM 13(A)(1) TO APRIL 11TM MEETING: PETITION A-99-04, KENSINGTON PARK MASTER ASSOCIATION AND THE YORKTOWN NEIGHBORHOOD ASSOCIATION REQUESTING AN APPEAL OF THE DETERMINATION OF THE COLLIER COUNTY PLANNING COMM81SSlON ON NOVEMBER 21, 1999 THAT THE CHANGES TO THE CARILLON PUD MASTER PLAN BY ADDING NEW COMMERCIAL BUILDING FOOTPRINTS WERE INSUBSTANTIAL. (PETITIONER'S REQUEST). WITHDRAW: ITEM 17(E) A RESOLUTION AMENDING THE LEGAL DESCRIPTION OF RESOLUTION 2000-28 FOR A PROPERTY KNOWN AS SAINT VINCENT DE PAUL THRIFT STORE TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. (STAFF'S REQUEST). STAFF COMMUNICATIONS: 1) DISCUSSION REGARDING THE WORKFORCE ASSESSMENT STATUS (JENNIFER EDWARDS). PROCLAMATION the incidence of ovarian cancer is increasing due to vague symptoms and no screening test for early detection; and, WHEREAS, the majority of ovarian cancer cases are detected at an advanced stage, and the survival rates for women with advanced ovarian cancer has shown minimal improvement over the last l $-2S years; and, WHEREAS, the American Cancer society estimates that each year, approximately 25,500 new cases are diagnosed with 14,500fatalities; and, WHEREAS, the National Ovarian Cancer Coalition is committed to promoting education WHEREAS, more about ovarian the risk of DONE AND UNTY, FLORIDA ATTEST: TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK L JJ~ AOENDA~ ~T. EM 2000 Pg. / PR OCLAMA TION WHEREAS, Project Safe Place, sponsored by Lutheran Services Florida-Southwest, delivers youth in difficult and threatening situations from the streets of Collier County; and, WHEREAS, Project Safe Place assists Lutheran Services Florida to identify youth at risk and serve them through residential and non-residential care; and, WHEREAS, Project Safe Place is made possible by the efforts of volunteers who are trained by Lutheran Services Florida; and, WHEREAS, Project Safe Place is made possible by business leaders who commit their WHEREAS, Proje~g::g~;~::i~'n~ ~geln'e~ Z~}~e~::~:$~s. Florida, business leaders an~:,!~rn~ mdivtdual{fOr al. strongett~and ~a fg~ gommuntty; and, ~E~S, $~fe Place~:~ 4~P~:h df a:naii~gWlde:n~~ has ~s~ted over NOW Co~ners of Collier BOA~ OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO~DA ATTEST: DWIGHT E. BROCK, CLERK TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA ITEM No. :5$~- ~_~ lIAR 2000 Pg. ) PROCLAMATION WHEREAS, county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and, WHEREAS, an increased knowledge of how various aspects of county government work can enhance an individual resident's quality of life in Collier County; and, WHEREAS, it is desirable for all county residents to be knowledgeable of the cot}nty's government and how it works; and, tVHEREAS, the League of tVomen Voters of Collier County, Collier County 4-H, and the Collier Count), Public Schools have co-sponsored the Know Your County Government Teen Citizenship Program for 21 years. NOtV THEREFORE, be it proclaimed bi, the Bodrd of County Commissioners of Collier Cotmty, Florida, that thO"Week of March 12 - 18, 2000, be · designated as THE 21si ANNIVERSARY OF TIlE KNOW YOUR COUNTY GOVERNMENT WEEK DONE AND ORDERED TttlS i4 tI, of March, 2OO o. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK AGENDA ITEM No. HAR 2000 pg. EXECUTIVE SUMMARY RECOMMENDATION TO BUILDING REVIEW AND FOR MARCH 2000. RECOGNIZE JEFF KUCKO, PLANS REVIEW SPECIALIST, PERMITTING DEPARTMENT, AS EMPLOYEE OF THE MONTH OBJECTIVE: performance County. The "Employee of the Month" Program is designed to recognize exceptional plus uniquely identifiable contributions which produce significant results for the CONSIDERATIONS: Jeff has been employed with Collier County since 1985. He provides exceptional customer service in his position as Plans Review Specialist. He consistently assists his fellow staff members when they are backlogged. More specifically, he worked on a very difficult case in front of the Board of Adjustments and Appeals in December 1999. Jeff made a presentation to the Board that was very understandable given the vast complexity of the issue. More recently, Jeff prepared a proposed set of evaluation criteria to be used by the Chief Building Inspectors to review the work of Plans Review Specialists. Being very impressed with these criteria and plans, senior staff has decided to use them as a model for development of all KRA's. Without hesitation, Jeff Kucko has been chosen as Employee of the Month for March. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Jeff Kucko, Plans Review Specialist, Building Review Permitting Department, be recognized as the "Employee of the Month" for March 2000. M {~.y-,J~B~!~ Administrative Secretary ~._; ~/_~,~ ~ Michael A. McNees, Interim County Administrator and AGENDA Iii'EM No. ~C ,,, COLLIER COUNTY ADMINISTRATOR'S OFFICE February l6,2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941t 774-4010 Mr. Robert P. Bender 3561 7~ Avenue Northwest Naples, Florida 34120 Re: Request for Public Petition - Operations Problems - North County regional Water Treatment Plant Dear Mr. Bender: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 14, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Interim County Administrator MAM/bp cc: County Attorney Ed Finn, Interim Public Works Administrator 1 2000 Sent BV: ~E;;D-== ="* c'S-E'~; 5'~2r'~3' Feb-10-00 13:18AH; Paqe 2/2 '~.obert P. Bender i 7~ Avenue North,,rest :pies. Florida 34120 -ne ~Fax (941 )353-2033 ..aced on the next appropriate Collier County -;.,.~lfc input portion of the meeting. I wish to · . h respect to the continuing problems assocmted .7ounty Re~onal Water Treatment Plant. Unit Three that have expressed to mc a desire to d~ied, t-'lease ad¢4e me if ~' ~ to fom~ly may simply sigm up at the meeting time to spe~ ould he most happy to discuss this with you or r-oru::~.m ks the Staff's mmediation e..ZTo, rts t~t ~e anen~tion at the pl~t. 1 ~dersmnd from ?ublic Works ~d Water D~vision ~t ~ ~e ?{owever it ap~s ~ey ~ve ~en misinfomed 5~cibei limit) im~ by t~ Comm/ss~ ~;;~?~hm~, Me. Saunders) and agr~d to by Mr. oanb') at th~ time of~e vote to a~rove ~e ..'~-~geom to all to ~uss fids prior 1o placing ~ limit is cooingly ~ t~ ~e their goal. AGENI::)g I-,T,~ M No. ?fA ) MA2 1 2 00 COLLIER COUNTY ADMINISTRATOR'S OFFICE February 25, 2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Sandra Miller 2831 56'~ Avenue NE Naples, Florida 34120 Re: Request for Public Petition - Blasting Permit Dear Ms. Miller: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 14, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take Im action on yourpefifion at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. Thee meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. i;~r~eer/ely, Michael A. McNees Interim County Administrator MAM/bp cc: County Attorney Community Development Division AG EN.p_~ ITEM No._ _ NA2 1 zing0 Febru~ 21, 2000 To; Michael A_ Mc.N.ees. Interim County A.dmini.s~L-a.t_0r RE; Public_ Pe~tion Dear Mr. McNees: My name is Sandm Millet, and I have property located in Golden Gate Estates. We have a shallow pond that measures at,proximately 75' x 75'; and would like to be able to blast through 4 or 5 feet of cap rock to maintain a good water level. We were informed by the engineering department that blasting is not permitted in this area; but that it my be possible to petition the commissioners a_nd ask that they direct the engineering depmuttent to issue the blasting permit. Our house is located at 2831 56th Ave. NE; the nearest house to our property is about 1200 feet. If them is any more information you need to assist in making this exemption, please let me know. You may reach me at 941-591-4747 during work hours, or 941-348-9179 after 5:00 PM. Thank you in advatace for your assistance. MAR 1 q, 2000 Pg .... ~ , EXECUTIVE SUMMARY REQUEST BY DOROTHY E. RUNDELL, REPRESENTING SOUTHWEST FLORIDA BIRD CLUB FOR A WAIVER OF RIGHT-OF-WAY PERMIT FEES FOR A SPECIAL EVENT. OBJECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive right-of-way permit fees for the Southwest Florida Bird Club Show & Sale 2000. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. CONSIDERATIONS: The Southwest Florida Bird Club Show & Sale 2000 will be held at Celebration Gardens and the club has applied for a right-of-way permit to place signs along Collier Boulevard. The club requests a waiver of the right-of-way permit fee.($75). The petitioner seeks the waiver since the Southwest Florida Bird Club is a not-for-profit, organization. FISCAL IMPACT: The required application fee for a right-of-way permit is $75. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the permit. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROVV'I'H MANAGEMENT IMPACT: None. 2,300 RECOMMENDATION: Only the Collier County Board of County Commissioners may approve fee waiver applications. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. PREPARED BY: FRE_ ~..E~ISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY: DATE CURRENT PLANNING MANAGER DATE BERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE BY: VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY/ROW FEE WAIVER 2 2000 Feb. 15, 2000 l~r. Fred Reise. hl BOO N. Horseshoe D~'. Naples, FL 34104 Dear M~. Rr~ChI: When I spoke to you by 'phone on Februa~ 12, in regard to our South West Florida Bird Club placing terapora.*3, adv~in~ sign~ along Route 951, you ~uq~e~ed that I send the infomaation to you so that ou~' request may be eonsi~edbytheBoardofColli~'Cotm%,Ceammssion~s. (g~5'''~' ~'~' w,,~,~-~r c~.~.) I was looking forwarcl to meeting you and addressing the Board. However Florida's P~esid~ntial Prefe~'e~ce Prima~ election will be held that day and, because I ,a411 work at the polls, I ash sorry that I will be tm. able to attend your meeting. Another well infc~med member' of our Club has a~reed to be there to ~esont our l~etition and answer shy questions. We, of the South We~t Flcaida Bi~d Club, a non-l~ofit orgmai~aticah are ~eques~ pem~sion to 91ace three signs to adve~l~se our Club's annual Bird Show nnd Sale, to be held on March 25, at Celebration C-~-dans, at the Sports Park. We ~opose to place three directionnl sisns, to direct ... into the Sports Park...North end South traffic on Route 951 ~nd Eastward traffic on Rnttlesimke-Harnmock Road. Ch~ siSns will be st'u~cfily built, neat, attractive nnd will comply with si~e limitatiol~. We request pein'fission to place signs well offthe roadway, on Wectne;day, March 22, 2000. We will 1,emove siSns promptly at the close of the Show, 4 p~n. Please se~d necessary forms etc. to: M~s. Barbara Tfainca 3480 W. C~o~m Point - Apt. 201 Naples, FL 34H2 941-417-~96 Thank You. Dorothy E. Rundell Adve~dsL.~; Chairperson SWFBC Show nad Sale ~000' EXECUTIVE SUMMARY PETITION C-2000-3, THE NAPLES CHILDREN'S FESTIVAL, REQUESTING PERMIT TO CONDUCT A FESTIVAL FROM MARCH 31 AND APRIL 2, 2000, ON COUNTY OWNED PROPERTY ADJACENT TO THE GOLDEN GATE COMMUNITY CENTER ON GOLDEN GATE PARKWAY. OBJECTIVE: To have the Board issue a permit to the Nicaea Academy to conduct the Naples Children's Festival and to determine if a permit fee and surety bond waiver should be granted. CONSIDERATIONS: The Nicaea Academy has made application to the Board of County Commissioners for a permit to conduct their annual Naples Children's Festival has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than their request to waive the permit application fee and the surety bond. FISCAL IMPACT: The applicant is requesting a waiver of the $250.00 permit application fee. Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees 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 General Fund Reserves (001) to the Community Development Enterprise Fund (113). The applicant has signed an agreement with the Collier County Real Property Division for clean up costs, if the Nicaea Academy fails to restore the site back to its original condition. The County holds no liability for this event. GROWTH MANAGEMENT IMPACT: None /That]the Board of County Commissioners approve the permit to conduct the annual Naples Children's Festival and i ..determine t ~,v~ether' e : ether oror notnot a fee and surety bond waiver is warranted. REVIEWED BY: ROBF~T J. MULHERE, AICP PLANNING SERVICES DIRECTOR ~P,~OVED BY:~ /~ VI~'~A. CAUTERO,~A~ -~~ISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE ! RECEIVED FEB 1 0 2000 PLAI, a, aNG SERVICES 000 February 8. 2000 Board of County Commissioners Of Collier CounW, Florida Re: The Naples Children's Festixal Dear Sirs: Attached please find our application for a special pen'nit to conduct "The Naples Children's Festival", a re'o-day special event fund raiser scheduled for Friday, March 31" from 5:00-IO:30 p.m. Sund *-7 - April 2- from 12:00-10:30 p.m. on the County-ovmed empty 1ol adjacent to the Golden Gate Community. Center on Golden Gate Parkway. Please see the following explanations below for Section 3 of thc Permit Application. B.a. Nicaea Academv has executed a lease agreement for use and clean-up of the property with the County, attached as "Exhibil/V'. Wc therefore respectfully request a waiver of the Surety Bond. 3.b. Attached as "Exhibit B". Nicaea Academy respectfully requests a xvaix'cr of thc Permit Application Fcc. 3.d. .-\ttachcd as "Exhibit C". Carnix al Company: l.cstcr Colgrox c Sarasola Amusemenl Enterprises. Inc. 51.31 Wachula Road Mxakka City. I:L 34251 22~'~' .< ~n,.x B.~ri-nr.~ B,mlevard Rex Barton Mclntvrc Nicaea Academy 2200 Sallla Barbara Boule\ ard Naples. FI. 34116 N,xple,. FL ~41 lc, '~41.455.a?a? ITEM Board of Collier Count,,: Commissioners Page 2 3.e.{2) 3.e.(3) 3.e.(4) 3.e.{ 5') Traveling carnival as regulated by the State of Florida. As listed in 3.e.(l ) above. Attached as "Exhibit E". Attached as "Exhibit D". 3.e.(6 Collier Count,,' Waste Management shall provide dumpster, trash receptacles & liners tbr this event. 3.e.(7). Golden Gate Fire Department has been notified and will provide a fire unit for this event. Police Department will be on site. EMS will provide a non-dedicated unit. 3.e.(8) 3.e.(9) 3.e.(10) Carnival is to open March 31'~ From 5:00 p.m. to 10:30 p.m. and continue on Sunday A. pril 2 from 12:00 p.m. through 10:30 p.m. Refer to "Exhibit A". See application. Thank ,you 1hr ,,'our cooperation and assistance. Sincerelx'. Re,,. Barton Mclntvrc ! lead Master PETITION NO. PETITIONER' S NAME: CkRNIFAL OPERATION PETITION C~ENT ZONING: C~ENT USZ: 1 ~E FO~WING INFO~TION IS IN~ED IN ~IS P~ITION. (FOR ~~A- TION, SEE ~E SIDE.) 3. a. ~'c n ~,~e(~ 3.e.1) 3.e.4) 3.e.7) 3.d. Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Ezcerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. ADDlication and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fe~$~50.00. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(les) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance n~t prohibite~ by State law to be open to the publi~ for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of his premises for such carnival activity. 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION rs Number of food and beverage booths Estimated number of attenders expe¢ :ed at the event at one time?~",uc-'~-~ Number of toilets to be provided:I Portable: Male ( ~ ) Permanent: Male ( ) Method of toilet waste disposal: Describe method of liquid kitchen waste disposal: Describe containers and method of .solid waste disposal (garbage): NumBer of sol£~ waste disposal c~ntainer~ provided: Describe facilities and method of hand washing: Describe facilities and method of utensil washing, rinsing and sanitizing: 1 Source of potable water: For infoz-mation and assistance contact: Environmental Health & Engineering Department (813) 643-8499. A G~?TJ~.D A ITF_.~ As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject~the booths to be closed for public health reasons. Do you understan~.~his completely? Yes X/ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ~g~re of sponsor's agent Date: 13.0292 Temoorary foc~ service ev,~nc s~onsocs dC vendors snail ~hc~e days prior to tee ~cheOul~ eYen~ ~e C~e at ~ ~e~Lce 9co~s~ c~me 4~ ~ocac$on o~ the event. Temporary Food Service Events and ocher sources of contamination dutieS,storage and sorvtnq. .lb} Overhead protection shall be provided aC all fc, c,~ service o~eratLolts When fo~ is pcepac~ or ~cc~on~ on pr~ses. y food service the ph.wical structure vhere the food preparation occurs f%y) Oq insects 4fid ocher v~rmLn. (3) ~.1.! ~OOCI and beverages secve~ ~c temoocac¥ fo<)cJ service events shall be f~om 4oocoved soutcea Ln accordance with provisions of section 10D-13.023 of this cnaoter dC pcepace~ on pcemises. accordance vLt~ orovLston~ of section 100-- ~3.024 of this c~a~tec. (~! goo~ az~d fooc~-contact surfaces 3na~l Dq ococecte~ from n~CeS34~L eS'lC &V* ' de Otovtoe~. 2O sh4II t~ held In a vey chat protects it contam/nation untll,,dis~en~ed. (71 Storaq~ of p~c~aq~ (~ Ln ~ncact vtth ~:e~ ct u~caLh~ ice stot~ ~n d~ ~ca~ wtCh ~ce. with ice ~en: la) ~e ~oraqe ~i~ with ~te dca~ the ac~atl~ o~ v~Cec aur~ (bi ~e --it water ~s d~s~s~ of ~ as ~c to create · ~Ji~cl; (ca ~ z~oraqe ~)c~l~ty ts keoc c~ean. (91 ~n 4~ necesla~ wash~ a~ san~tlz~ at ute~tls vt~ ~c ~ ~c~t ~xc~C Chac~ an ~t~ prate, f~ ~ pre~ses shall provide an ~uate ~ly of ~t~b~e water c~ean~., a~ ~Lo~ ~aa~ ~ate s~ymy~ p~td~ tn cleon valves. ~ap iM st~L~se~tce c~e~s shall ~ ava~a~e ~or ha~ash~nq (~01 ~L~flc shal~ ~ L~Call~ [n such a ~r that Chi escabLls~nc can ~ te~c c~lln a~ the f~ ~taltnac~. ~1~1 .LLoYd waste ~tch dl~.~ o~ ~ a u~r that vtil ~c create ~ii ~ o( ~r~le ~ceciai. Dirt dC qzaveL ~tl~ci~ ~ ~ ~ ~en ~r~ to dralflr plastic fileT ~ ~l~t ShawlS, Or suffAcl~t ~r of qrass c~l~t s~il ~ ~~ to ?~y be tableted ocallyr by telephone, in person, or in wrttlnq. (bi The Local MRS county p~bllc health unit shall Roe~) a record notifications ~ece~v~ ~oc f~ service events a~ shall provide a~copciaCe ~ucJCiona~ ~Certai to the event 121 racilicie~ - S~cl~ic tequite~nts ~ot the ~hysical facility the fo~ se~ice o~cacion l~ co ~ co~ucc~ shall be bas~ on.the ~:e~z:~ cc se~r the .length ot the eventr a~ t~e a~unc of,f~ preparation that Is to ~a) ~t the ~ se~lce o~aCion l~ ~nce~ ~o~ Chi ~ail ot only, ~ac~a~ non-~cenciaily ~azJc~ous ~ oac~a~s ~hali bi pcocecC~ IND~ BOOTH NOTIFICATION FORH FOR TEMPORARY EVENTS Typ.e.$ of food or beverage to be served: Florida Administrative Code, Chapter !0D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Lo-cation of advanced food preparation: How will food be transported to event location? Method of keeBing food hot and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, insects, flies, coughs, Adequate facilities and supplies shall be provided for emploTee handwashing. ~w will you provide this? For Information and Assistance contac=: Environmental HeaLth & Engineering D, ep~ - (813) 643-84~.9 FE~-l~--00 08:50 AM NICAEA .......... ACADEMY~ 455+9090 ~. ~P' 01 Collie, County Slae~ifrl Office 3301 Tamlami Trail Building Nsplee, FL. .14112 Telephone (AC 941) February 17, 2000 ~ Ms. Willda~on: The Collier County Sheriff's Office will be l~py to provide deputtea for security for your event ~cbeduled for Mar~ 31, 2000 fi.om 5:00 ~o 10:30 p.m. ~d Aaa'il'l, 2000. from 12;00 to 10:30 p.m. Ple~e be reminded, however, that t~ey may have to leave the festivitie~ for a priority call but will return wl~enever If you have say fbrther questions or need any other ~istan~e, pleue feel free to contact myself' at (94 l) 455..312 l. cc: File FE]~--15--00 08'-4~ AM NICAEA ACADEMY ~55+~090 P. 01 ~2,,'1DI2~t]~ 17:5~ ~114557~17 6Ct. DC~TE FIP-,E 13E~TI~T P~ i~i Feln, ua~lO, 2000 Nicaea 22OO Santa Barbara Bird, NaiVes, Flodd~ 34116 ~ ~. ~~n: ~ ~ ~] 3 P~. ~ ~ m~ ~ht ~1 ~ ~s ~ ~~ ~y~~. 4. ~y ~ ~1 ~1~ ~x ~ ~11 ~ ~ ~m ~ ~ ~. of~ Donald ~ Fire Chief PERMIT FOR CARNIVAL EXHIBITION Permit No.. .... STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Reverend Barton McIntyre, Head Master, of the Nicaea Academy, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Reverend Barton McIntyre, Head Master, of the Nicaea Academy, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requixements and conditions; and WHEREAS, said Reverend Barton McIntyre, Head Master, of the Nicaea Academy, has requested waivers of the application fee and surety bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Reverend Barton McIntyre, Head Master, of the Nicaea Academy, to conduct a carnival or exhibition from March 31, 2000 th.rough April 2, 2000, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: Tract 115, Unit 4, Golden Gate Subdivision, as shown on the Plat thereof as recorded in Plat Book 5, Page 109, as recorded in the Official Records of Collier County, Florid~ The request for waivers of the application fee and surety bond is hereby approved. WITNESS my hand as Chatrman of said Board and Seal of said County, attested by the Clerk of Courts in and for said CourtW this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY A~fTORNEY C~2000o3 TIMOTHY J. CONSTANTINE, CHAIRMAN MAR i 4 2000 EXECUTIVE SUMMARY APPROVE AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE NAPLES PHILHARMONIC CENTER FOR THE ARTS OBJECTIVE: Obtain Board approval for an alternative road impact fee calculation for additions to the Naples Philharmonic in accordance with Section 2.03 of Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance"). CONSIDERATION: In 1999, the Philharmonic's contractor, Boran, Craig, Barber & Engle, obtained building permits to construct two additions to the existing facility: a 13,924 sq. ft. office addition and a 30,750 sq. ft. museum. The office addition permit was issued on April 19, 1999, and road impact fees were assessed at $2,453 per 1,000 sq. ft. (Office < 50K sq. ft.), for a total of $34,155.72. The museum addition permit was issued on July 26, 1999, and road impact fees were assessed at $1,755 per 1,000 sq. ft. (Retail _< 50K sq. ft.), for a total of $53,966.25. Total road impact fees for the two additions amounted to $88,121.97. The Ordinance sets forth the requirements for the imposition and collection of road impact fees. Among the parameters used in computing road impact fee rates in the rate table in Appendix A of the Ordinance are trip length, trip generation rate, and percentage of new trips on the external roadway network. Table 5-1 o£the Tindale-Oliver and Associates Impact Fee Study, incorporated into the Ordinance, lists trip generation rates and assessable/total trip lengths for various land uses. The values listed for the "Office _< 50K sq. ft." land use category include a daily trip generation rate of 16.58 per 1,000 sq. ft. and assessable/total trip lengths of 5.2/5.9. The percentage of new trips is given as 92 %. For the "Retail < 50K sq. ft." land use category, Table 5-1 shows a daily trip generation rate of 91.7 per 1,000 sq. ft. and assessable/total trip lengths of 1.5/2.2. The percentage of new trips is given as 48%. The applicant believes that the nature of day-to-day operations of the Philharmonic Center for the Arts lends itself to site-specific trip generation characteristics. These unique characteristics are the basis for the subject alternative fee calculation. The office space addition was built to meet the office seating, conference/board room, and storage needs of current personnel plus a new museum director. In addition, there are three new offices reserved for future Philharmonic staff. In total, the office expansion was built to support no more than four additional employees. The museum was built to accommodate 50 to 100 visitors a day. The alternative fee calculation assumes that the visitors are likely to arrive at an average of two persons per vehicle. The museum is expected to support two full-time staffmerr~,bers and 15 new AGE' ' I volunteers. The alternative fee calculation assumes the maximum utilization of 1: ,o. ~_', ~, :~ MAR 1 4 2000 volunteers each day. The assessable/total trip lengths used in the alternative fee calculation (4.5/5.2) are based on the school/college examples from Table 5-1. The applicant has provided alternative calculation worksheets with the following comparative trip generation characteristics: Office Addition: Trip Generation Rate: A/T Trip Length (mi.): Percentage of New Trips: Road Impact Fee: Table 5-1 Alternative Impact Fee Study 16.58/1,000 sq. ft. 4/employee 5.2 / 5.9 4.5 / 5.2 92% 100% $34,155.72 $2,733.74 Museum: Trip Generation Rate: A/T Trip Length (mi.): Percentage of New Trips: Road Impact Fee: Table 5-1 91.70/1,000 sq. ft. 1.5 / 2.2 48% $53,966.25 Alternative Impact Fee Study _ 2/vehicle(50) + 4/volunteer (15) 4.5 / 5.2 100% $13,685.78 + $8,209.76 = $21,895.54 FISCAL IMPACT: Using the rate table in Appendix A of the Ordinance, staff assessed and collected road impact fees for the two permits totaling $88,121.97. Under the proposed alternative calculation, road impact fees would total $24,629.28, a difference of $63,492.69. The applicant has already paid the higher fees in order to obtain building permits. The applicant requests that the Board approve the alternative calculation and authorize refunds in the amount of the difference indicated above. The refunds would be posted as decreases (debits) to Road Impact Fee District 1 (331, North Naples) revenue receipts. GROWTH MANAGEMENT IMPACT: Approval of the applicant's alternative road impact fee calculation would not result in reduced revenue significant enough to severely affect the County's overall road construction program. RECOMMENDATION: That the Board of County Commissioners approve the site- specific alternative road impact fee calculation for the Naples Philharmonic office and museum expansion projects and authorize staff to process the necessary refunds. SUBMITTED BY: ~['/'[, Date: '~- '~' ~'~ ~? Phitl~ R. Tindall, Impact Fee Coordinator A¢~,~A ~T~'~ ~ MAR I Z000 Pg. (~_ __ _,_~_._._ REVIEWED BY: APPROVED BY: Attachments: V~ncent A. C'~u~ ate:.Z-- .~- ~ , AICP, Administrator Community Development & Environmental Services Transportation Impact Fee Worksheet---Corporate Office Addition Transportation Impact Fee Worksheet--Museum Addition (Volunteers) Transportation Impact Fee Worksheet--Museum Addition (Visitors) MAR 1 ~: 2000 ~ AGENDA ITEM II II II I1 MAR 1 ~1 2000 tl II gu.. II II ,o.. ,y~ MAR 1 ,~ 2000 0 0 ._o II It MAR 1 4 2000 II II EXECUTIVE SUMMARY APPROVE WORK ORDER NO. ABB-FT-00-03 WITH AGNOLI BARBER & BRUNDAGE, INC. (AB&B) TO UPDATE THE CONSTRUCTION PLANS FOR THE PROPOSED WIDENING OF IllTM AVENUE FROM U.S. 41 TO VANDERBILT DRIVE. PROJECT NO. 60031. OBJECTIVE: To gain Board approval to award a design contract to AB&B to proceed with the updating of construction plans to widen 111t~ Avenue from U.S. 41 to Vanderbilt Drive. CONSIDERATION: The need for four laning 111t~ Avenue from U.S. 41 to Vanderbilt Drive was determined a few years ago by the Metropolitan Planning Organization, due to the existing traffic conditions and specifically the future forecasted growth. Numerous views, both in favor of and opposition to this widening project were expressed by the public, area business owners, and county officials. In order to verify the MPO's findings and draw an objective conclusion, staff was directed to contract an outside firm to analyze this corridor. WilsonMiller, Inc., was awarded a contract on August 23, 1999 to proceed with the necessary analysis to determine what improvements (if any) are needed to be made to 111t~ Avenue from U.S. 41 to Vanderbilt Drive. On September 22, 1999 a report by WilsonMiller entitled" 111t~ Avenue North 4-Lane Needs Study" was submitted to the County which confirmed the need .for the four laning. Copy of the report is attached. The proposed design contract with AB&B will enable us to account for all the changes since our existing construction plans were finalized. The cost of the professional services is $89,952.00 and it is anticipated to take about seven months to complete. FISCAL IMPACT: A budget amendment is needed to transfer $72,032 from Gas Tax Reserves into this project. Funding source is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order No. ABB-FT-00-03 to Agnoli Barber & Brundage, Inc. and authorize the Public Works Engineering Department Director to sign the Contract for design. 1 6 2000 PG. I Mitch Momtaz, P.E., Project Manager Public Works Engineering Department DATE: t/Jeff Bibby, P.E., Director Public Works Engineering Department DATE: REVIEWED BY: ' ' l ' Edward J. tot Department of T~l~brtation ... .... /~ / ~d N Fl~nn,'Interim Administrator Public Works Division WORK ORDER # ABB-FT-00-03 Agreemen! for Fixed Term Prnfessional Engineering Services Dated Decemher 8, 19OR (Contract ~0R-2835) 'l'hi~ WnTk ()rdcr l~ for pr~l'cssloliaJ CnglliCCrlllg scrvlqCS f'Ol work known as 11 I"' Avenue four ];inill~ I'~11111 IT ~ ~1 In Vanderhih I)rivc To revise thc construct/on plans to proceed with lhe nt,eded improvements to Ill'h Ave. The work is specified in the proposal dated February 3, 2000 , which is al(ached hereto and made a part of Ibis \\'ork Order. In accordance with I}~c Terms and Conditions of the Agreement referenced above. Work Order ~ ABII-FT-O0-O1 ~s assigned lo A~noli Barber & Brunda~e, (Ihrm Name) Schedule of\\'ork: Complete work within 210 (lays from receipt of the Notice to Proceed authorizing start of work, Cnmpcnsatton: In accordance wilh Arhcle Five of tilt' Agreement, Ibc Counly will compensate thc Firm in accordance with lhe ncgolialcd al~acbcd exhibil B (if a task ~s lime and ma~cr~al, so indicate and nsc l}~e established honrly ralcl~) as enumerated in Schedule TOTAl. FEI! $80.052 00 T&M Any change within mnnetary aulhorily of Ihis Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement 2'.:--Id -~ ])ale Date Apprnved as In Form and i'_ega I Sufficiency / , . , ~' .~ ~_;' ,..;-. ., ATTEST: (Corporate Secretary,) .,\('('I{1"1 I(I) Il'f: Aunnl~ Barber & Brundaee, Inc. Name of Firm Daniel \V llrnmlaec, P.F..~.President lypc Nnmc and 'l'illc Plan Revisions 1. 2. o B. Utility 1. 2. 02-016Y00.DOC EXHIBIT A 111th Avenue 100% Plan Revisions SCOPE OF SERVICES Provide new aerial photography and raster image files for use in the plan sheets. Show new and proposed improvements along the 111 th Avenue corridor that are not shown in the original plan set consisting of the following items: a. New Vanderbilt Drive improvements to the South consisting of landscaping and sidewalk improvements. b. Pump Station 101 reconstruction and associated piping revisions. c. Saint John Catholic Church driveway. d. New multi-family residential development driveway and water mains at North Naples Elementary School entrance. e. Existing Naples Park drainage improvements at 8~h Street. f. Revised access plans at Naples Memorial Gardens Cemetery. Modify the design for the proposed new utilities from under the proposed pavement. Raise the proposed profile grade line which will require modification to the following sheets. a. Plan and Profile Sheets b. Cross-Sections c. Drainage Structure Sheets d. Intersection Details e. Summary of Quantity sheets f. Drainage Map Revise quantities and opinion of probable costs based upon the revised construction plans. Issues Transmit revised plans to the affected utility companies for comments. Revise plans pursuant to utility comments. Permits - SFWMD and FDEP 2. 3. 4. Revise SFWMD permit documents per change in profile grade line. Revise SFWMD pem~it documents per Naples Park Drainage Improvements. Submit general permit to SFWMD and main extension (sewer) permit to FDEP. 02-016Y00.DOC HAI~ 1 6 2000 ----- 3-Feb-00 AGNOLI, BARBER & BRUNDAGE, INC. 111 TH AVE 100 % PLAN REVISIONS PROPOSAL FOR ENGINEERING & SURVEYING SERVICES Exhibit B ITEM TASK A Plan Revisions I Provide new aerial photography and raster image files 2 Revise Plans per Improvements not Previously Shown 3 Meetings w/OCPM & Development Services to obtain plans & information 4 Survey Locations of New Improvements as Required 5 Meetings w/OCPM & public works to coord, utility revisions 6 Plan Revisions: Cover Sheet Drainage Map Summary Sheets (4) Typical Section Sheets (3) Plan & Profile Sheets (10) Vanderbilt Dr. Plan & Profile Sheets (3) School Access Plan & Profile Sheet Side Street Plan & Profile Sheet Cross Section Sheets (11) Vanderbilt Dr. Cross Section Sheets (3) School Access Cross Section Sheet Drainage Structure Sheets (6) Vanderbilt Drive Drainage Srtucture Sheet School Access Drainage Srtuc~re Shee~ Tabulation of Signing & Marking Sheet Signing & Pavement Marking Sheets (7) 7 Revise Quantities 8 Revise Opinion of Probable Costs Utility Coordination Issues I Obtain Utility Company Comments 2 Revise Plans pursuant to comments Costs $2,199.00 $917.00 $7,571.00 $1,617.00 $308.00 $2,712.00 $2,464.0O S924.00 $12,304,00 $3,690.00 $1,230.00 $1,362.00 $7,300.00 $2,242.00 $834.00 $4,154.00 $1,098.00 $1 $704,00 $4,618.00 $3,909.00 $616,00 $400.00 $1,230.00 Expenses $6.359.00 $132.00 Total Fee $6,359.00 $2,199.00 $917.00 $7,571.00 $1,617.00 $308.00 $2,712.00 $2,464.00 $924.00 $12,304.00 $3,690.00 $1,230.00 $1,362.00 $7,300.00 $2,242.00 $834.00 $4,154.00 $1,098.00 $1,098.00 $704.00 $4,618.00 $3,909.00 $616.00 $532.00 $1,230.00 C Permits-SFWMD & FDEP I Revise SFWMD Permit Application & Response to Comments 2 Revise FDEP Permit per Water & Sewer Changes 3 Assist Environmental Consultant 4 Process Environmental Permitting TOTALS File: 111threstart.wb3 (JAC) $3,958.00 $1,848.00 $2,192.00 $73,499.00 $462.00 $9,500.00 $16,453.00 $4,420.00 $1,848.00 $2,192.00 $9,500.00 $89,952.00 NAR 1 2000 1 I 1 th Avenue North 4-Lane Needs Study September 22, 1999 Prepared for The Collier County Public Works Engineering Department Planners Engineers Ecologists Surveyors Landscape Architects Transportah'on Consultants Prepared by WilsonMiller, Inc. NAR 1 ~ 2000 1 1 I th Avenue North 4-Lane Needs Study September 22, 1999 Prepared for The Collier County Public Works Engineering Department Prepared by WilsonMiller, Inc. HAR 1 ~ 2000 Background WilsonMiller, Inc. has been contracted by the Collier County Public Works Engineering Department to perform a peer review of the a 1998 analysis performed by the staff of the Collier County Metropolitan Planning Organization (MPO) regarding the need to 4-lane 111"' Avenue North and Vanderbilt Drive, or as an alternative, 4-1aning Wiggins Pass Road (Figure 1). The peer review will re-trace the steps, data, assumptions and performance measures used, to either verify or reject the conclusions reached by the MPO staff. WilsonMiller is also to conduct a new analysis that will examine the issue with an updated set of datum and performance measures developed since the original analysis was conducted. Lastly, WilsonMiller will update the historical traffic growth trend analyses for both 11 1tn Avenue North and Vanderbilt Drive, and re-evaluate the year the facilities are likely to become deficient. PIAR 1 200O 2 Task h Peer Review of June 1998 MPO Analysis The peer review consists of either verifying through observation or reconstruction, the methods, data, assumptions and performance measures utilized by the MPO analyst in 1998 to evaluate the need to 4-lane 111th Avenue North from US 41 to Vanderbilt Drive and Vanderbilt Drive from 111th Avenue North to Wiggins Pass Road. The methodology used by the MPO staff involved the running of two travel model simulations with different lane calls (number of lanes) for the indicated facilities, converting the peak season daily traffic (PSDT) model output to annual average daily traffic (AADT) volumes and comparing the results against the adopted LOS maximum service volumes for each roadway. The two network scenarios are as follows: 2020 Needs Assessment 111th Ave N Vanderbilt Dr Wiggins Pass Rd US 41 N Configuration from US 41 N to Vanderbilt Dr from 111th Ave N. to Wiggins Pass Rd from Vanderbilt Dr. to US 41 N from Wiggins Pass Road to 111th Ave N Alternative Configuration 111th Ave N from US 41 N to Vanderbilt Dr Vanderbilt Dr from 111th Ave N. to Wiggins Pass Rd Wiggins Pass Rd from Vanderbilt Dr. to US 41 N US 41 N from Wiggins Pass Road to 111th Ave N 4-Lanes 4-Lanes 2-Lanes 6-Lanes 2-Lanes 2-Lanes 4-Lanes 6-Lanes A. Research and compile data and analysis used in conjunction with the 19.98 AnaJysJ.s. The Collier County MPO staff was able to provide WilsonMiller with the original 2020 Needs Plan FSUTMS travel model set ups, but was not able to provide copies of the competed simulations run in 1998. This required WilsonMiller to reconstruct the two scenarios using the 2020 Needs Plan data set. WilsonMiller staff identified the appropriate data conversion factors that would have been used in the analysis, as well as the appropriate set of Level of Service Maximum Service Volume Tables that were available and in effect at the time of the previous analysis. B. Verify and cross-check results of 2020 FSUTMS model assignments. By reconstructing the earlier data sets, WilsonMiller was able to develop the two travel model simulations that produced the results similar to those obtained by the MPO analyst. Network plots for the two scenarios are attached as Exhibits 1 and 2. When comparing the 1998 MPO assignments to the recently reconstructed 2020 assignments included here, differences in the assigned volumes would generally be expected due to minor changes/adjustments that might have been made to the original model since 1998 as well as variations that would naturally occur when the two scenarios are reconstructed from the original model. Regardless of the differences noted, the 2020 model assignments performed in 1998 were correctly represented in the earlier analysis. C. Identify & verify the conversion factors used to equate model volumes to annual average daily traffic volumes. Eo Because the travel demand model produces a "peak season" (PSDT) output, it is necessary to convert the output to annual average daily traffic (AADT) in order to evaluate the forecast volumes (2020 in this case) against the maximum service volume (i.e., capacity) of the roadway segment at its adopted LOS standard. The appropriate FDOT model conversion factor of 0.90 was identified. Identify & verify the LOS Maximum Service Volume values used in the analysis. Collier County has adopted a minimum LOS "D" standard for the indicated roadways. The LOS "D" standard for each given roadway type, e.g., number of lanes, signal spacing, etc., is quantified in terms of annual average daily traffic (AADT), with values included in look-up tables that are adopted in Collier County's Growth Management Plan - Transportation Element. WilsonMiller identified the appropriate tables and verified their use in the 1998 analysis. Review and verify the findings and conclusions of the 1998 Analysis. WilsonMiller has verified the methodology, data, assumptions and performance measures used by the MPO staff in the 1998 analysis. By re-running the travel model and comparing the results against that obtained in 1998, WilsonMiller reached the same conclusion, that the Alternative Configuration with both 111Ih Avenue North and Vanderbilt Drive as 2-lane facilities and Wiggins Pass Road as a 4-lane facility does not provide the capacity needed to ensure an acceptable level of service on the indicated roadways. The 2020 comparison is shown Table 1, Table1 C~nf~guration in the 2020 Needs I Lane MPO (1998) WM (1999) Min. Service LOS Signal MPO WM Roadway From To Geometry A~DT AADT , Std. Volume Table Group Vol/SV Ratio ~11ltl1 Ave N US 41 N 4L 22.400 20.000 D 38.200 lA El 0 59 0,52 ~VandeCoilt Dr 111th Ave N 4L 21,900 22.600 D 38.200 lA B 057 059 ~Wiggins Pass Rd VandeCoilt Dr US 41 N 2L 2.300 1,700 D 13.400 1D L 0.17 0 13 [US 41 N Wiggins Pass Rd 111th Ave N 6L 59.200 58.100 D 61.600 lA A 0 95 0 94 Alternative Configuration Roa~ Lane MPO (1998} WM (1999) Min. Service LOS Signal MPO WM From To Geometry AADT AADT, Std. Volume Table Group VoI~SV Ratio ~111tb Ave N US 41 N Va~derbilt Dr 2L 17,400 11.300 D 13.400 lA L I 30 0.84 ]Vanderbilt Dr 111th Ave N Wiggins Pass Rd 2L 18,900 13.300 D 13,400 lA El 1 41 099 IW'~gg~ns Pass Rd Vande~ill Dr US 41 N 4L 1,600 3.900 D 29,500 1D L 0 05 0.13 IUS 41 N Wiggins Pass Rd 111th Ave N 6L 59.500 64.300 D 61,600 lA A 0.97 1 04 Van~eCbilt Of VV~ggins Pass Rd HAR 1 2000 PG.. /! 4 Task I1: Conduct Re-Analysis of '111u~ Ave. N. 4-Lane Needs Phase two of the project was to conduct a similar analysis utilizing an updated FSUTMS travel demand model, revised LOS Maximum Service Volume values for each roadway, and lastly to evaluate the model forecast results against an updated trend analysis. Obtain updated 2024 Land Use and Zonal Data files from MPO Staff. WilsonMiller obtained the latest version of the Collier County MPO's FSUTMS travel demand model which included the approved 2024 Financially Feasible Plan Update data set. WilsonMiller constructed the two roadway scenarios and identified the appropriate data conversion factors for use in the analysis. WilsonMiller also obtained the updated (1999) Level of Service Maximum Service Volume Tables recently adopted by the MPO and the Board of County Commissioners which have been incorporated into the Transportation Element of the Growth Management Plan. Prepare two Network Scenarios. The analysis involved duplicating the lane configurations previously tested, as repeated below: Needs Assessment Configuration 111th Ave N from US 41 N to Vanderbilt Dr 4-Lanes Vanderbilt Dr from 111th Ave N. to VViggins Pass Rd 4-Lanes Wiggins Pass Rd from Vanderbilt Dr. to US 41 N 2-Lanes US 41 N from Wiggins Pass Road to 111th Ave N 6-Lanes Alternative Configuration 111th Ave N from US 41 N to Vanderbilt Dr 2-Lanes Vanderbilt Dr from 111th Ave N. to Wiggins Pass Rd 2-Lanes Wiggins Pass Rd from Vanderbi~t Dr. to US 41 N 4-Lanes US 41 N from Wiggins Pass Road to 111th Ave N 6-Lanes C. Run two FSUTMS model simulations using Networks described in B. FSUTMS Model simulations were performed on the two alternative configurations. Network plots are attached as Exhibits 3 and 4. Note that assigned PSDT volumes are shown in hundreds. The appropriate FDOT model conversion factor was used to convert PSDT model output to AADT volumes, with the results rounded to the nearest hundred as reflected in Table 2. The modeling assignments, using the more recent MPO 2024 model, produced volumes on North Naples roadways significantly higher than were predicted using the MPO's earlier 2020 model data set. A number of factors are likely to contribute to such a significant difference, not the least of which may be problems identified in the model with the handling of N/S traffic coming into and leaving the study area. Previous use of the 2024 model on other projects by WilsonMiller and other consultants indicates that there appears to be a substantial overestimation of trips entering the northern part of the stq, dy area at a point that would certainly affect the assignments in the area examined in this analysis. A second reason for the higher volumes may be indicated by the differences in each model's roadway NAR 1 4 2000 5 network, the 2020 network being a "needs based" network with more facilities/capacity, while the 2024 network is essentially a "financially feasible" roadway system with less capacity. Identify updated Maximum Service Volumes for adopted standard. Using the recently approved Maximum Service Volume Tables, WilsonMiller identified the appropriate AADT service volumes for the LOS "D" capacity of individual segments in each of the 2024 configurations. (see Table 2) Compare model results to new LOS Maximum Service Volumes and evaluate for deficiencies. The results of the factored model output (peak season traffic converted to average daily traffic) were compared against the Maximum Service Volumes for each segment in both alternatives, the results of which are incorporated in Table 2 below. Table 2 Configuration in the 2024 Needs Assessment Lane FSUTMS Min. Service LOS Signal VoI/SV From To Geometry PSDT A.ADT , Std. Volume Table Group Ratio ~111th Ave N US 41 N Vanclert~llt Dr 4L 45100 40600 D 31900 1-53 L 1 27 IVandert)dt Or Illth Ave N W~gg~ns Pass Rd 4L 57500 51800 D 31900 1-53 L 1 62 ~W_~gg~n_s Pass RdVanc~edodl Dr US 41 N 2L 6'~00 5700 D 15300 1-53 L O 37 [US41 N W~gg~ns Pass Rd 111th Ave N 6L 71300 64200 El 55100 1-35 B 1 17 Alternative Configuration Lane FSUTM$ Min. Ser~¢.e LOS ~adwa¥ ~ To G~met~ ~'S~ ~ · Std. Volume 'Table Group Ra~o ~111trt Ave N US 41 N Vande~ll Dr 2L 2~ 207~ D 153~ 1-53 L 1 [Vande~lt Dr 111th Ave N W~ns Pass Rd 2L ~7~ 312~ D 15300 1-53 L 2 lW~gg~ns Pass Rd Vamde~ltl Dr US 41 N 4L 27~ 251~ D 31~ 1-53 L 0 79 US 41 N W~gg~ns Pass Rd 111th Ave N 6L 837~ 753~ D 551 ~ 1-35 As stated earlier, although differences were observed in the magnitude of traffic on the roadways under analysis, the assignments still indicate that the 4-lane 111t~ Avenue North and Vanderbilt Drive and 2-lane Wiggins Pass Road network will operate at a better level of service than the 2-lane alternative tested. F. Update the traffic count history trend analysis forecast and check against model assignments for reasonableness. The original traffic count trend analysis performed by the MPO staff in 1998 employed the best available data (through 1997). Using updated traffic count data (through 1998) collected by Collier County subsequent to the 1998 analysis, WilsonMiller has updated the traffic count history trend analysis and forecast. The updated analyses are attached as Exhibits 5 and 6. A comparison of the "long-range" 2020 and 2024 model assignments against the short- range trend analysis indicates that the traffic growth on both 1114 ~Avenue and Vanderbilt Drive is consiste;qt with a trend that will either meet or exceed the model predictions. The AC.~:NDA ,0. HAR 1 ;)000 6 model predictions should be considered reasonable given the traffic growth visible in the trend analysis. G. Identify a Year Expected Deficient based upon the new LOS Maximum Service Volumes and updated traffic count history trend analysis. Using the updated "short-range" trend analysis attached as Exhibits 5 and 6, 111*h Avenue between US 41 and Vanderbilt Drive is expected to exceed its adopted LOS standard of "D~ and become deficient in 2001. This conclusion is consistent with the MPO's recently re- released Transportation Planning Database. Vanderbilt Drive, with 44.9% of its capacity remaining is not expected to exceed its capacity within the next ten years. Conclusions Both the peer review and the updated transportation analysis confirmed the conclusions of the 1998 MPO analysis of the need to 4-lane 111~h Avenue North between US 41 and Vanderbilt Drive and ultimately to 4-lane Vanderbilt Drive between 111~ Avenue North and Wiggins Pass Road. The "short-range" forecast indicates that 111~ Avenue North between US 41 and Vanderbilt Drive will be deficient by 2001, and that the 4-1aning countermeasure currently programmed for construction in FY 2002 is appropriately indicated in order to maintain an acceptable level of service on the roadway. Vanderbilt Drive south of Wiggins Pass Road, while not indicated in the near term, is likely to continue to experience significant impact by the buildout of area land uses, and as predicted by the model, will likely T~eed Co be 4-1ar~ed in the after 2010. NAR 1 2000 PG. EXHIBITS NAR 1 ~ 2000 ~,c.. /,5' MAR 1 ~ 2000 PG. /~,, oo$ o~ 0~£ O&~ LgL HAR ! 4 2000 MAR 1 ~ 2000 . T 900Z ~00~ CO0~ LO0~ O0~Z 666L ~66[ g66~ ~66t 000~ 666~ Z66t '~'66 L · n O 1 6 2OOO ,~. ,~/ 800Z ZO0~ ~OOC 800~ 900~ §00~ COO~ ~00~ ~00~ 000~ 666L g66L Z66!, 966~ S66~ ~6~ £66~ ~66~ J. QVV 1 ~ 2000 EXECUTIVE SUMMARY APPROVE RESOLUTION TO ENABLE ADVANCED RIGHT-OF-WAY ACQUISTIONS OBJECTIVE: That the Board of County Commissioners approve the attached Resolution adopting typical roadway cross-sections and Right-of-Way corridor widths and authorizing the acquisition of real property by gift or purchase for the construction of new roadways or roadway improvements for County Transportation projects which are a part of the County's approved Capital Improvement Element. CONSIDERATIONS: On November 9, 1999, the Board of County Commissioners directed Staff to develop standardized cross-sectional elements and associated right-of-way requirements for the County's future roadway needs. (Ref: Item 8.E. 1, Adoption of Policies and Organizational Changes to Enhance the Efficiency of Future Road Projects). These were to include all associated features (sidewalks, pathways, median requirements, landscaping, utilities, water quality treatment and street lighting) for the types of roadways we foresee. To accomplish this task, we formed a 19 member Task Force with representatives from the Collier Business and Industry Association, Chamber of Commerce, outside engineering firms, outside landscape architecture firms, utilities, a citizen-at-large and County Staff (from Development Services, the Metropolitan Planning Organization, Transportation Services and Public Works Engineering). The group developed a standardized design for an urban, 6 lane divided roadway as depicted on Exhibit "A" of the attached Resolution. Adoption of these typical roadway cross-sections and associated Right-of-Way corridor widths will allow Staffto acquire needed property by gift or purchase earlier in the roadway project life cycle. For specific projects, this will shorten the overall length of time required to plan, design, acquire Right-of-Way for and construct new roadways and roadway improvements. ,,,'JFISCAL__IMPACT.: There is no direct fiscal impact; however, utilization of this Resolution will require an earlier expenditure of funds for specific projects. The overall project costs may decrease assuming property costs continue to rise each year. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, approve the attached Resolution. 2000 SUBMITTED BY: "~ V / /Jpeff Bibby, P.E., Director~ ublic Works Engi ' DATE: REVIEWED BY: REVIEWED BY: /~e~ent DATE: Edward J/K~t, P.E., Director Tr~spo~n ~mices Dep~ent ,.~~. 'N,~ :- DATE: Sandy Taylor, Directori 'N Real Prope~ Dep~t ~ APPROVED BY.~~~,~,/~'' (_....~F_~:-~inne'ffi'teri~~Admfnistrator Public Works Division RESOLUTION NO. A RESOLUTION ADOPTING TYPICAL ROADWAY CROSS-SECTIONS AND RIGHT-OF-WAY CORRIDOR WIDTHS AND AUT,HORIZING THE ACQUISITION OF REAL PROPERTY BY GIFT OR PURCHASE FOR THE CONSTRUCTION OF NEW ROADWAYS OR ROADWAY IMPROVEMENTS FOR COUNTY TRANSPORTATION PROJECTS WHICH ARE A PART OF THE COUNTY'S APPROVED CAPITAL IMPROVEMENT ELEMENT. WI-IEREAS, the Board of County Commissioners has recognized the length of time required to plan, design, acquire Right-of-Way for and construct new roadways and roadway improvements as being excessive; and WHEREAS, the Board of County Commissioners has recognized that the public need for new roadways and roadway improvements, both current and projected, is not being adequately met by the current process; and WHEREAS, adopting a typical roadway section for future new roadways and roadway improvements can be accomplished to allow Right-of Way acquisitions to commence prior to development of the design for the specific new roadway and roadway improvement project; and WHEREAS, that it has been determined by the Board of County Commissioners that the construction of new roads and roadway improvements is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County as established in the Capital Improvement Element of the Growth Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Right-of-Way requirements defined by Exhibit "A", "Typical Section", attached hereto and incorporated herein, are necessary for any six lane, divided urban roadway new road or roadway improvement project. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to acquire real property by gift or purchase, which is required in order to establish right-of-way corridors as described by Exhibit "A" for the construction of any new roadway or roadway improvement project def'med by the Capital Improvement Element of the Growth Management Plan. AND IT IS FURTHER RESOLVED that nothing in this Resolution shall prevent the County from adopting a Resolution for Condemnation that varies from the typical roadway cross-sections and Right-of-Way corridor widths after considering safety factors, long range planning, costs, alternative sites and environmental factors. This Resolution adopted on this, . day of ,2000 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS By: Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Heidi F. Asliton Assistant County Attorney Resolution No. Exhibit "A" EXECUTIVE SUMMARY STATUS REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON PHASE I OF THE COUNTYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEM AND A REQUEST FOR STAFF TO PURSUE A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ADVANCE FUNDING FOR PHASE II OF THE PROJECT. OBJECTIVE: To provide a status report on the progress of the Countywide Computerized Traffic Signal System (the "Project") and to provide a means of accelerating the final phase of the Project. CONSIDERATIONS: This Project, when completed, will provide the following benefits: a significant increase in the Collier County's ability to monitor traffic flow throughout the county; · adjust traffic signal timing to respond to traffic demands; · monitor key intersections to minimize congestion due to crashes or other types of flow- retarding incidents; and, · increase the degree of safety for the traveling public. In 1997, the Board approved funding under a JPA with DOT for the Project. That Agreement, in the amount of $275,000 was the foundation upon which the design and subsequent construction of the system is based. The Final Report was presented to the Board in May, 1998, and the FDOT has since funded and managed the design process for Phase I of the Project. That design is complete and DOT will be advertising for bids for construction in the upcoming fiscal year (commencing July, 2000). The Phase I portion of the Project will consist of placement of a "backbone" fiber optic cable trunk line and improvements to 66 intersections in both unincorporated Collier County and in the City of Naples. Further, Collier County and the City of Naples will each have a Control Center for their respective portions of the system. The Centers will have "look, but don't touch" capability so that personnel from the two jurisdictions can communicate; however, each jurisdiction remains responsible for its own portion of the joint system. In addition, this portion of the Project will provide for test locations and test implementation of traffic monitoring equipment. Phase II of the Project will consist of additional backbone fiber optic extensions to serve outlying areas, upgrading the remainder of the intersections (about 70 additional intersections, all lying within Collier County and several within the City of Marco Island), and implementation of traffic monitoring equipment. MAR 1 4 200D Executive Summary Status Report To The Board On The Countywide Computerized Traffic Signal System Page 2 of 2 The initial JPA enabled Collier County to advance the Project to the present point about one year ahead of the original schedule in the FDOT Work Program. Phase II is currently scheduled for design in FDOT Fiscal Year 2003 and for construction in FDOT Fiscal Year 2004. Thus, the total system, under the present schedule, will not be available to the citizens of Collier County until sometime well into 2005 or 2006. In the 10-year Transportation Capital Work Program presented to the Board in today's Workshop, staff demonstrates that the design could be initiated in the FDOT's upcoming fiscal year (FDOT FY 2001) and construction in FDOT FY 2002 by executing another JPA for Collier County to advance funds for the project with payback in the years already programmed by FDOT. Doing so will provide the entire Project for Collier County at least two years before the FDOT schedule would permit. FISCAL IMPACT: The estimated cost for the design and construction of Phase II of the Project is $7,450,000 ($800,000 for design and $6,650,000 for construction). Advance funding of the Project could be made available from within the overall Work Program. GROWTH MANAGEMENT IMPACT: It is vital to the public health, safety and welfare that the Countywide Traffic signal System be built and maintained to a standard that satisfies both legal requirements and the needs and desires of Collier County's citizens. This Project will accomplish that goal. RECOMMENDATION: That the Board authorize staff to work with FDOT to bring back a JPA for advance funding of Phase II of t~Countywjde Compu, terized Signal System Project. SUBMITTED BYEdward.J. Kant, ~~ion Services Director REVIEWED B ~~Y"'?"~ DATE ~'~//& 1 N. Finn, Interim Public Works Administrator MAR ~G. --~ .. ~ BACKUPINFORMATION FOR THIS ITEM WILL BE AVAILABLE BY TUESDA Y, MARCH 14TM. EXECUTIVE SUMMARY APPROVAL OF FUNDING FOR DEPUTY ASSISTED TRAFFIC CONTROL. OBJECTIVE: That the Board of County Commissioners authorize a budget amendment to fund the utilization of six (6) community policing officers at traffic intersections where safety and congestion are a concern. CONSIDERATION: During the Transportation Workshop on March 7, 1999, the Board requested that staff identify the cost to provide six (6) community police officers at various congested intersections throughout the County. Staff met with the Sheriff's Office and determined that this program will cost an estimated $98,400 to have officers work five (5) days a week during heavy traffic periods in the morning and evening (approximately five hours per day) for the remainder of the fiscal year, April through September 2000. With respect to logistics, the program will begin in approximately two-three weeks, when officers are available to be trained by County traffic technicians. While staff has determined that the intersections listed below will most effectively utilize the community policing officers without disrupting the traffic systems, this list is subject to change as the program is evaluated over a 30-60-90 day period. Additionally, it is important to note that the addition of an alternative intersection may be available should it be determined that only one officer is needed per intersection. 2. 3. 4. 5. Immokalee Road / Livingston Immokalee Road/Randall Boulevard Golden Gate Boulevard/Wilson Boulevard Golden Gate Boulevard/CR 951 White Boulevard/CR 951 GROWTH MANAGEMENT: None FISCAL IMPACT: Funds in the amount of $98,4000 are available in General Fund Reserves. RECOMMENDATION: That the Board of County Commissioners approve said budget amendment to fund the deputy assistance program. Prepared By: Reviewed And ~I¢ ~~ Approved By: Mike McNees, Interim County Administrator Office of the County Administrator ~.~ZL~(/...-2/~' ' _ ~ Date: J~lqn Du~uck, Assistant to the County Administrator Office of the County Administrator Date EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT NOT TO EXCEED $1,500.00 TO PAY FOR THE NOISE EXPERTS TO PRESENT THEIR FINDINGS AND RECOMMENDATIONS TO THE BOARD REGARDING THE PROPOSED NOISE ORDINANCE AMENDMENTS. OBJECTIVE: For the Board to approve a budget amendment to pay for the noise experts to attend the Board of County Commissioners March 28, 2000 meeting to present the results of the noise study and to make recommendations to the Board regarding the proposed Noise Ordinance amendments. CONSIDERATIONS: The Board previously authorized staff and the County Attorney's Office to hire an expert to evaluate and review the proposed standards as well as to conduct site specific testing in an effort to insure the technical efficacy and defensibility of any amendments to the Ordinance. The noise experts retained by the County, Midwest Environmental Assistants Center, ("MEAC"), have concluded their testing and are preparing a final report on their findings. The initial proposal submitted by the experts did not include the cost for a presentation by the experts to the Board. The County Attorney's Office believes the presence of the experts at the public hearing is essential in order for the Board to make a well informed decision regarding the proposed amendments to the Noise Ordinance. The Board previously authorized a budget amendment not to exceed $12,000.00 in order to hire the experts to conduct the necessary testing and analysis. FISCAL IMPACT: Fiscal impact is estimated not to exceed $1,500.00 Funds are available in general funds reserves. The consultants' bill may be less if the item is heard early in the meeting. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment not to exceed $1,500.00 to compensate MEAC for the presentation of its findings to the Board. Respectfully submitted by: David C. Weigel, Couli~ Attorney H:dda/executive summaries/2000/noise expert AGEND,~, ITEM NO. NAR I q 2000 PPO TMENT TO COUNTY aOW T P O VCTIV TY COMMITTEE OBJECTIVE: To appoint 4 members to serve 2 year terms, expiring on February 4, 2002 on the County Government Productivity Committee. CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice chair &the Board of County Commissioners. The remaining twelve members are appointed by resolution of the Board of County Commissioners for a two year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost- effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. The terms for Karl J. Otto, Janet Vasey, Bill Neal, and Wolfgang B.P. Schulz expired on February 4, 2000. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Karl J. Otto - Re-appt. Const Eng & Mgmt 1 yes Kathleen Curatolo Education Administration 2 yes Janet Vasey - Re-appt. Budget & Financial Analysis 5 yes Peter Lehmann Const Mgmt & Contract Admin 5 yes Productivity Committee None Productivity Committee Code Enforcement COMMITTEE RECOMMENDATION: Karl Otto - Re,appointment Janet Vasey - Re-appointment NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (3) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Karl J. Otto has served 2 plus terms. Should the Board wish to re-appoint Mr. Otto, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint members to the County Government Productivity Committee and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners MARCH 14, 2000 AC,-~N DA ITE.I~ NO. 4AR 1 2000 P'g. / Memorandum To: From: Sue Filson, Administrative Assistant Board of County Commissioners Gary Vincent, Senior Budget & Management Analyst, StaffLiaison to the Productivity Committee Date: February 18, 2000 Subject: Recommendation for filling four vacant positions on the Productivity Committee Karl Otto 901 Collier Court, N. #201 Marco Island, Florida 34145 The Collier County Government Productivity Committee has reviewed four applications for the four vacant positions on the committee. The applicants were evaluated based on their potential contribution to the committee. The committee has recommended the following two applicants for reappointment to the committee. Name Area of Expertise Construction Engineering and Management, Purchasing, Contract Management and Safety Budget and Financial Analysis and Program Analysis Janet Vasey 4398 Longshore Wa), North Naples, Florida 34119 The committee does not recommend the following two applicants for appointment to the Productivity Committee. Kathleen Curatolo 2251 Island Cove Circle Naples, Florida 34109 Education Administration Construction Management and Contract Administration Peter Lehmann 67 Johnny Cake Drive Naples, Florida 34110 Please call 774-8810 if you need any additional information. MEMORANDUM F ECEIVED JAM 12 2000 DATE: January 10, 2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assist~t///, 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. COUNTY GOV'T PRODUCTIVITY COMMITTEE COMMISSION DISTRICT Karl J. Otto 901 Collier Court, N. #201 Marco Island, FL 34145 Kathleen Curatolo 2251 Island Cove Circle Naples, FL 34109 Janet Vasey 4398 Longshore Way North Naples, FL 34119 Peter Lehmarm 67 Johnny Cake Drive Naples, FL 34110 Thank you for your help. County Government Productivity Committee ,Name Charles E. Getler 6855 San Marino Drive Naples, FL 34108 District: 2 Category: Business Management Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 07/16/96 02/04/97 1 Year 598-186o 03/23/99 02/04/01 2 Years James D. Carter 774-8097 3301 E. Tamiami Trail Naples, FL 34112 District: 4 Category: BCC Vice Chairman Designee 01/12/99 01/11/00 1 Year William E. Ebben 12254 Colliers Reserve Drive Naples, FL 34110 District: 2 Category: Corporate Executive 592-1158 12/09/97 02/04/99 1 Year 03-23-99 02/04/01 2 Years Donald Campbell 6849 Crenadier Boulevard, #1101 Naples, FL 34108 District: 2 Category: Corporate Management 598-3426 03/23/99 02/04/01 2 Years Karl J. Otto .~ 901 Collier Court, 1~I~.~J~201 Marco Island, FL 34145 District: 2 Category: Retired Engineer 642-3798 11/07/95 02/04/96 02/17/98 02/04/00 3 Mo. 2 Years Edward T. Ferguson 215 Sitverado Drive Naples, FL 34119 District: 3 Category: Business Mgmt/Education 02/28/95 02/04/97 2 Years 03/23/99 02/04/01 2 Years Tuesday, December 07, 1999 Page I of 3 ~ NO. ~ 1 2000 County Government Productivity Committee Name, Janet Vasey 4398 Longshore Way North Naples, FL 34119 District: 5 Category: Financial Work Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 01/12/99 02/04/00 1Year 598-4378 Beverly Edwards P.O. Box 1820 389-9140 Marco Island, FL 34146 District: I Category: Contract Mgrnt & Stragetic Planning 11/09/99 02/04/00 3 Months 11/09/99 02/04/02 2 Years Judith E. McCaffrey 225 5th Street, S. Naples, FL 34102 District: 4 Category: Attorney 514-2800 01/12/99 02/04/99 01 / 12/99 02/04/01 James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 D/rtr/c~. ! Catego~.: Budget & Financial Mgmt 732-8830 mo. Yrs. Bill L. NeaI 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Retired Businessman 774-6325 11/09/99 02/04/00 3 Months 11/09/99 02/04/02 2 Years Wolfgang B.P. Schulz 260 Lambton Lane Naples, FL 34104 District: 3 Category: Exec Mgmt & Financial 455-7909 11/07/95 02/04/96 02/17/98 02/04/00 07/28/98 02/04/00 3 Mo. 2 Years 1.5 Years Tuesday, December 07, 1999 Page 2 of 3 ~ County Name Sharon. M. Hanlon 4555 Shearwater Lane Naples, FL 34119 District: 5 Category: Attorney Government Productivity Work Phone Appt'd Home Phone DateRe-appt 774-3333 03/23/99 Com'mittee Exp. Date 2ndExpDate 02/04/01 TcrHz 2nd Term 2 Ye~s This 13 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of the BCC. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or parts of county government and make recommendations for increased efficiency and cost- effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STAT: Staff,' Gary Vincent, Budget Analyst I1:774-8810 Tuesday, Decernl~er 07, 1999 Page 3 of 3 A_o~__ D^ ,ITEM,., - no MEMORANDUM DATE: TO: FROM: January 10, 2000 Gary Vincent, Budget Analyst II //~//'~ SBUoearFdi loS~n~ ?und ~yi~JoStratrnmii~:i oAnSeSir ;t County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Karl J. Otto 901 Collier Court, N. #201 Marco Island, FL 34145 Kathleen Curatolo 2251 Island Cove Circle Naples, FL 34109 Janet Vasey 4398 Longshore Way North Naples, FL 34119 Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 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 AC~NDA ITEM NO. /~/-/' MAR 1 ~ 2000 RESUME Summary Karl J. Otto (Retired) 901 Collier Ct., ~201 Marco Island, Fl. 34145 Current Status: Retired since i993 Positions and Employers: V.P. of Engineering and Construction--Rhone Poulenc Inc. (300 million / yr.) --Hoechst Celenese (150/200 million / yr.) Project Manager/Engineer/Contractor--Mobay Chemical, Union Carbide, Monsanto, Olin Mathesion, Amerace, Hoechst Roussel, Anheuser- Busch, Azoplate Corp. Board Director--RKO Inc., Orox Corp., MSI Inc., R&L Industries and Otto's Rose Valley Farm Education: BS in Engineering (duel major-Chemical/Mechanical) Ohio University, Athens, Ohio MS in High Energy Physics (Fazil-I-Uhmar Research Fetloxv) Ohio University, Athens, ~Ohio (lack thesis for PHD) Studies at: Ohio State University, WVU, Marietta College, Wheeling College, Marshall University, Rutgers, Princeton University and SW Wyoming. Accomplishments: P.E. License-New Jersey, W. Va., California, Texas, Ohio, and Louisiana. 13 Patents: Gas Bubbler Film Analyzer--Brookhaver~O.U. Rocket Expulsion Device--Melpar NASA Energy Absorption Bumper--self PET Molecular HF Disintegrator--self and others Court Expert: Trona Deep Shaft Mining High Voltage, 28KV to 138KV Toxic Waste Remediation (Superfund) BOCA Code and NEMA Code ASME High Pressure Reactor Hazardous Waste Societies and Organizations: ACHmE-Director, ASME-Director, ASC, ASPE, ASMI, ASTM, PMA, PMAC and APE. Other: OSHA, MSHA, Hazmat certified instructor Consultant on Trona Mining for the state of Wyoming, appointed by Dick Chaney A~A LT'EI~ NO. MAR 1 2000 KATHLEEN CURATOLO 2251 Island Cove Circle Naples, Florida 34109 Home: (941) 514-2172 Office: (941) 594-8847 Fax: (941) 514-2152 E-mail: kacuratolo@prodigy.net PROFESSIONAL EXPERIENCE EXECUTIVE O/RECTOR 1998-present American Specialty Contractors of Florida Naples, Florida Responsibilities: Foster and promote professionalism and ethical business practices among members. Develop educational and social activities. Monitor legislative issues. Includes resource development, Personnel management, proposal writing, volunteer coordination, membership solicitation. EXECUTIVE D/RECTOR 1987-1997 Niagara Frontier Industry Education Council Buffalo, New York Responsibilities: To foster, promote, research and initiate partnership activities between business, industry, government, and education throughout the WNY region. Includes resource development, personnel management, proposal writing, volunteer coordination, membership solicitation. Directing programs/services such as community forum meetings, a regional career fair, maintaining a resource bank of research material for use by members, and consulting services assisting members develop partnership initiatives. EDUCATION Leadership Initiative for Tomorrow's School.~ Certification in School District Administration SUNY at Buffalo 1996 M.A. in English, SUNY College at Buffalo, New York B.A. in English, Daemen College, Buffalo, New York 1984 1974 Additional Training: Leadership Buffalo: Professional Development: Class of 1993 I.D.E.A. Facilitator Training Ciaburri Training for Shared Decision Making Creating Quality Cultures Facilitating Change Collaboratively Learning Styles Shared Decision Making in an Organizational Context Total Quality Management/Total Quality Education K. Curatolo Resume p. 2 TEACHING EXPERIENCE, Adjunct Professor, Edison Community College Department of English Adjunct Professor, Canisius College School of Education and Human Services Instructor, Niagara Community College Department of English Adjunct Professor, Daemen College Department of Cooperative Education Instructor, Bryant & Stratton Business Institute Women in Business, Veterans' Outreach Program 1998 1990-1995 1986 1984-1986 1979-1983 COMMUNITY SERVICE BOARD OF DIRECTORS AAUW, Naples Chapter, Scholarship Committee Amherst Chamber of Commerce Community Advisory Council, SUNY Buffalo EPIC (Effective Parenting Information for Children) Greater Buffalo Community Quality Council 1998-present 1992-1994 1989-1997 1992-1994 1994-1997 CHAIRPERSON Amherst Chamber, Quality of Life Committee EPIC, Personnel Committee Leadership Buffalo, Education Committee (Co-chair)1993 Resource Allocation Committee, Amherst School District Western New York Women in Administration: 1992-1994 1993-1994 1992 "GIRLS MAKING CHOICES," Conference Chair 1994 Membership Committee 1992 Newsletter Committee 1993 Public Relations Committee 1991 PROFESSIONAL AFFILIATIONS American Association of University Women 1998-present Tempo, Naples Chapter 1999-present Mentor: Big Brothers/Big Sisters of Collier County REFERENCES PROVIDED UPON REQUEST Janet Vasey '.._.. 4398 Longshore Way North · Naples, Florida 34119 .~',~.,~.~ ,~r ' ~,~'-. ~:.:!~'~:~' , Phone: 598-4378 · Fax: 598-4326 December 22, 1999 Ms. Sue Filson 3301 East Tamiami Trail Naples, Florida 34112-3602 RE: County Government Productivity Committee Dear Sue, Thanks so much for the reminder on my expiring term with the Productivity Committee. It's been a lot of fun this last year and the projects for next year look particularly challenging. ! would like to be considered for reappointment to another term and I've enclosed an undated resume. We're finally getting some women on the committee, and I certainly want to be there as we take control! Thanks for your help. I hope you have a merry Christmas and an outstanding Y2K. Sincerely, Janet Vasey Janet H. Vasey 4398 Longshore Way North · Naples, Florida 34119 Phone: 598-4378 · Fax: 598-4326 Community Involvement Collier County Productivity Committee Greater Naples Civic Association (GNCA) -- Director Second District Association -- Director Republican Executive Committee -- Precinctwoman, Secretary Women's Republican Club Precinct Clerk for Collier County elections Longshore Lake Foundation -- Budget Committee Work Experience Department of the Army -- 20 year career as a civilian Held a variety of financial management positions performing · budget preparation and resource allocation · funding policy and mobilization planning Concluded career as Director of Program Analysis, working for Assistant Secretary of the Army for Financial Management · identified major Army goats and objectives · monitored performance in attaining objectives · presented quarterly review to senior Army officials Was awarded Decoration for Meritorious Civilian Service Education B. A. in Economics from Rice University · Graduated phi beta kappa, cum laude M. A. in Public Financial Management from American University Graduated from the Industrial College of the Armed Forces (Military senior service school) Certified Financial Planner (CFP) Personal Married to Dennis "Duke" Vasey Eight year resident of Collier County TUE 11:05 AM LEHMAHH&ASSOC. · IHC. 941 6591304 P.01 LEHMANN & ASSOCIATES, INC. Construction Consultants Corn merclal / Res~denaal / Indus~,.~. ~ ~, ~._ ~ ~ ~ ~ ~ 41 ~ Cotporate Square. Sttttel 27 Project Management / Cons~cgon ~ ~/~tract ~ dmtnt.¢~oOon Naples. ~ ~ da 34104 Pr~acl Development / Inxpecaon Se~mces ,' Cons~uct~on L~ngavon 7e1.(941) 639-1503 ~b~'. 659.1304 FACSIMILE TRANSMISSION To: Re: Me Sue Filson, Administrative Assistant From: BOARD OF COUNTY COMMISSIONERS Fax No.: 3301 Tamiami Trail East, Naples, FL 34112 Date: Fax: (941)774-3602 No. Pg. Application for Committee Member Position COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Peter Lehm ann CGPC-001 y~ Pursuant to Press Release dated December 20, 1999, I forward herewiU~ copy of my current resume as application for the advertised committee member position on the County Government Productivity Committee. If further information or action is required, please notify me immediately. I thank you and the Board of County Commissioners for your consideration. AGENDA ITEM - ' ~ TUE 11 :~6 AM LEHMAHH~A~$OC. , I~C. 941 6591~04 P. 82 LEHMANN & ASSOCIATES, INC. Construction Consultants Commercial / Resident~tl / Industrial 4100 Corporate Square, Suile 127 ProJect Management /Construction Supervision /Contract Adml'nislratton Naples, b lorida 34110 Product Development/Inspection Services/Permitting/Construct~ol~ lattgation Tel.: (941) ~6 59-I J 03 Key Personnel Peter Lehmann, President Mr. Lehmann is licensed in Engineering, General Contracting, and Building Code Administration. He has extensive knowledge of engineering principles, coasn-uction management, governing codes and standards, inspection procedures, building condition assessments, and defect claim analysis. He is proficient in Contract Administration and handles Construction litigation, Project Management, Construction Supervision and Construction Inspeclions. Peter has been a supervisor of engineering, i~.spection, construction and QC activities for $300+ million commercial, industrial, and residentia! construction in domestic and international markets. He is President of Lehmann & Associates, inc., a consulting firm specializing in residential, commercial, and industrial construction related issues of construction litigation, defect claim analysis, expert uitness testimony, inspection services, project management, construction supervision, project design & development, value engineering analysis, and construction training. As production manager for a national homebuilder, he was responsible for management of corporate operations inclusive of land development, product design & development, sales & marketing, and construction activities. Peter was VP Construction ! QC for U.S. Home Corp. and Managing Director for commercial and residential c, onsmwlion and quality assaraace activities. Working for an engineering consulting firm, he had project management responsibility for a broad range of engineering projects including residential, commercial, and industrial planning; forensic engineering and inspection services; construction litigation; contract administration; procurement; and government liaison. Peter is a Registered Professional Engineer Intern, in the State of Florida, a Certified Building Official with the Council of American Building Officials, and a State Certified General Contractor for the State oF F!orida. He has been a member of the Council of American Building Officials, Collier Building Industry Association, Lee Building Industry Association, Southern Building Code Congress Int'l, National Society of Professional Engineers, American Society of Cix41 Engineers, and the Florida Engineering Society. AGENDA ITEIvI,, Memorandum To: From: Date: Subject: Sue Fiison, Administrative Assistant ioners ger III Public Works Engineering Department February 29, 2000 Beach Renourishment/Maintenance Committee I am in receipt of the resumes from applicants for the current vacancies on the subject advisory committee. Such were forwarded to the committee for their review and recommendation. At their regularly scheduled meeting on February 10, 2000, the Beach Renourishment/Maimenance Committee made the following recommendation for appointment to the current vacancies: (see attached minutes) lfyou should have any questions or require additional information, please give me a call. HH.I~ Sue Fihoa attachment Beach RenourishmentdMaintenance Committee Jon C. Staiger, Ph.D., Natural Resources Manager, City of Naples Pub/ic Works Engineering A~NDA ITEM - NO. e._ Beach Renourishment/Maintenance Committee Meeting- February 10, 2000- 9:05 a.m. Recess: 10:30 to 10:40 a.m. It is noted for the record that the same Committee Members were present when the meeting reconvened. Collier County Environmental Specialist Maura Kraus provided an overview of the Sea Turtle Protection Plan report dated January 2000 (a Copy of which is contained in the file for this meeting in the City Clerk's Office). The data collected for all monitored beaches, as well as the summary of natural versus renourished beaches is appended (Attachment 1). In response to Committee Members, Ms. Kraus explained that lighting control is the top priority; some lights merely need to be redirected, not replaced. Dr. Staiger noted that in mid-March or early Apr/l, Ms. I<Zraus will notice residents of prior year violations fi-om the previous year; bri~,~ht lights cause hatchling disorientation, killing most. (See Attachment 2) Committee Member MacKenzie called security lights at the Naples Fishing Pier the worst offenders; Dr. Staiger concurred, and advised that w/th further rebuilding of the pier, lighting will be modified. Ms. Kraus also noted that she will be working closely with Florida Power & Light to angle lights upward. .............................................................................................................................................. ITEM 6 REVIEW OF RESUMES AND RECOMMENDATIONS FOR COUNTY APPOIBTTEES TO TltE COMMITTEE (11:00 a.m.) Committee Members noted three County vacancies, and three applications received from Kelly Samek, Andrew Hill, and William Ring, none of whom are from Marco Island. Committee Members suggested Marco residents be provided with more information, possibly through the Marco and Naples newspapers, since Marco residents may believe mistakenly that their beach advisory board makes all decisions regarding local beaches. Mrs. Kendall pointed out that she did not fred candidate Hill's qualifications to necessarily fit this Committee, but would not oppose his appointment absent other candidates. Collier County Public Works Project Manager Harry Huber also noted that Marco City Council Member John Soldenwagner's application had been forwarded to the BCC at the same time Committee Member Roellig was chosen. Mr. l~luber co~firmed that he would i_~orm the BCC of the Committee's request to include, if possible, a Marco resident, as well as noting that Mr. Sotdenwagner had previously expressed an interest. MOTION by MacKenzie to RECOMMEND forwarding the applications of Kelly Samek, Andrew Hill, and T4~illiam Ring to the Board of County Commissioners as being acceptable for membership on this Committee. However, this Committee would be grateful if the County Commissioners would note the fact that there is no representation on this Committee from :2~a.-ca Island' at this time; there has been significant interest in the rece. particularly from Marco Island Council Member John Soldenwagm motion was seconded by Roellig and carried 4-2 (Dunne-absent, Gundet Herrns-absent, Kendall-no, Z ydon-absent, MacKenzie-yes, Ro~ Sirnonik-yes, Brennan-yes). DISCUSSION OF MARCH 14 REFERENDUM ON THIRD CENT TOURIST DEVELOPMENT TAX (11:21 a.m.) Chairman Breanan noted that the Committee had taken little action to date in support of this referendum. Public Input: (11:22 a.m.) Jane Eichhorn, (no registration slip provided) stated that the Chamber of Commerce and Hotel Association had formed a group in order to educate the public and acquire support for the referendum. She urged the Committee to do likewise. Chairman Breanan suggested that various local TV channels, in addition to the County's cable Channel 54 City/County Beach Renourishment Maintenance Committee gForl~ Phone Appt'd Name Home Phone DateRe-appt Lee IL Weeks u~;~ '~ r~"~vsc 6737 Mill Run Circle ~"~'~'~ "- 514-3055597'3123 09/01/98 Naples, FL 34109 District: 2 Category: Collier County Exp. Date Term 2ndE. xpDate 2nd Term 02/28/00 2 Years David A. Roellig 6000 Pelican Bay Blvd., #204 Naples, FL 34108 District: 2 Category: Collier County 594-2210 06/22/99 02/28/01 2 Years Richard E. Lydon 450 Trade Winds Avenue Naples, FL 34108 District: 2 Category: Collier County 597-2746 02/23/93 02/28/95 2 Years 9/1/98 02/28/00 2 Years Catherine Kennedy-Campb 7035 Greentree Drive Naples, FL 34108 Distr,: 2 Category: Collier County 594-1953 09/01/98 02/28/00 2 Years Kenneth H. Dmme 133 Sharwood Drive Naples, FL 34110 District: 2 Category: Collier County 594-0269 01/20/98 02/28/01 3 Years James H. Brennan 4951 Gulf Shore Blvd., N. Naples, FL 34103 District: 4 Category: City of Naples 261-9180 04/22/96 03/31/98 2 Years 10/7/98 10/06/00 2 Years ~Pe. dne~day, Ju~e 23, 1999 Page I of $ City/County Beach Renoudshment Maintenance Committee Sail~e Joseph Herms 167 3rd Avenue, South Naples, FL 34102 District: 4 Category: Naples City Council Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF_.ocpDate 2nd Term 434-4601 02/18/98 02/17/00 2 Years Hubert E. Howard, Jr. 3541 Gordon Drive Naples, FL 34102 District: 4 Category: City of Naples 262-5207 10/07/98 10/06/00 2 Years Bonnie R. MacKenzie 2150 Gulf Shore Blvd., N., g407 Naples, FL 34102 District: 4 Category: Naples City Council 434-4601 03/01/96 03/01/98 2 Years 262-4957 2/18/98 02/17/00 2 Years Alexandra S. Gunderson 645 Galleon Drive Naples, FL 34102 District:. 4 Category: City of Naples 263--8511 05/07/97 05/06/99 2 Years Carol Lynn Kendall 498 Galleon Drive Naples, FL 34102 District: Category: City of Naples 434-9239 05/06/98 05/06/99 1 Year Harry Huber 3301 E. Tamiami Trail 774-8489 Naples, FL 34112 District: Category: TECHNICAL: non-voting member Ft/edn~day, Jttne 23, 1999 Page2 of 3 · City/County Beach Renourishment Maintenance Committee Fe'orl~ Phone Appt'd Exp. Date Term Name Home_Phone DateRe-appt 2ndExpDate 2nd Term Jon C. Staiger 735 Eighth Street South 434-3059 Naples, FL 34101 District: Category: TECH~CAL: non-voting member Michael Stephen 3106 Horseshoe Drive South 643-2324 Naples, FL 34104 District: Category: TECHNICAL: non-voting member This 11 member committee was created by City Reso. 91-6295, 91-6421, 93-6853, & 95-7359 & County Reso. 92-656 as a technical advisory committee to formally advise the BCC and City. BCC appoints 5 members (terms are set by the City) and the City appoints 6 members. There are 3 technical, non-voting advisors. Terms are 2 years and members must file a Form 1 Financial Statement each year with the City of Naples. City staff person: Dr. Jon Staiger 434- 4655 (fax 434-3059) and Tam Norman, Naples City Clerk 434-4701 F£ ETA T: $,~aff: Harry Huber, Technical Services Supervisor, OCPM: 774-8494 Weda~d~, jrune 23, 1999 Page 3 ors ~ AGENDA ITEM MEMORANDUM RECEIVED DATE: TO: FROM: January 12, 2000 Vinell Hills, Elections Office Sue Filson, Administrative Assis~ Board of County Commissioners JAN 1 6 2000 ~oard of Countg ¢o~.~ssioaees 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. CITY/COUNTY BCH REN ADV COMM COMMISSION DISTRICT Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Andrew D. W. Hilt 405 Germain Avenue Naples, FL 34108 William M. Ring 425 Dockside Drive #705 Naples, FL 34110 Thank you for your help. MEMORANDUM DATE: TO: FROM: January 12, 2000 Harry Huber, Project Manager, PWED /~ Sue Filson, Administrative Assist~-r-.,. Board of County Commissioners City/County Beach Renourishment 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: Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Andrew D. W. Hill 405 Germain Avenue Naples, FL 34108 William M_Ring 425 Dockside Drive #705 Naples, FL 34110 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 I~,~R t ~ 2000 FAX TRANSMITTAL SHEET Fax #: .... ; Fax#: Subi¢ct: z,.o~s (IncfudJng transmittal sheeO: .;an,nary 6, 2000 Board of Collier County Conunissioncrs 3301 East Tmniami Trail Naples, Florida 34112-4977 Re: Appointment to the City/County Beach Renourisluncnt and Maintenance Committce Dear Commissioners: Thank you and the committce for your time in considering my request to bc appoinicd to t~ City/County Beach Renourlshmcnt ~d Maintenance Committee. I have a keen interest in keeping our number one asset beau~.iful. Like my fellow Collier County Residents, I thoroughly enjoy our outst,'mding beaches and passes and want to keep them that way not only for our residents but also our visitors. In the past two years since becoming a rcsidcnl of Naples, 1 have volunteered significant ~ime and effort to protecting our environment and keeping our waterways safe for :avlgation. This effort has come m a result oa~the ECA (Estuary Conservation Association, FKA Wiggins Pass ConservancY) ofwtfich I am President. The ECA efforts '.o dale have centered in the Noah Naples area. The ECA's partnership with the Florida Gulf Coast University and its close working relationship with ~hc Collier County ?c'ver:m~cnt has and will continue to help ma.:.ntain and improve our vital estuary systetm. More s, pccifically relating to beaches and.passes, I have put in numerous hours to help with the approval of thc Wiggins Pass lnlct Management Plan hncludlng monthly meeting (as needed) with Conun.issioner Card,z, Collier County Staff, and the ECA Milestone Committee. A vital part ol'the approval process was thc boating activity survey which was completely done by myself and other ECA members. What has been nx~st valualble in this process has been the solid working relationships developed with ';~e county, the coastal engineers, and the gow.'rnmental bodies responsible for issuing ::,:rmits, i.e., the Department of Environmental Prolection and the Army Corps of Enginccrs. This background has given me an appreciation for the importance and significance of the City/County Beach Renourisl'uncnt and Maintenance Committee. I would very much appreciate an opportunity to use my skills, interest, ~nd background to preserve our great resources, the beaches and the passes. I have attached a brief resume for your review. Thank you again. Sincerely, NO. n .--~ TUE BRIEF PERSONAL AND BUSINESS RESUME FOR REVIEW BY THE COLI,IER COUNI'Y BOARD OF COMMISSIONS AND TIlE CITY/COUNTY BEACII RENOURISI [MENT AND MAINTENANCE COMMITTEE PERSONAL INFORMATION WILLIAM M. RING 425 DOCKSIDE DRIVE #705 NAPLES, FL 34110 B. BORN IN DEIRO1T, MICHIGAN ON ZJNE. 3, 1942 C. MARRIED 35 YEARS TO SUZAb,rNE ELAINE RING TWO GROWN CHILDREN: MICHELI.E AND MICHAEL Do NAPLES RESIDENCE SINCE DECEMBER, 1997. PRIOR TO MOVING TO NAPI.ES, PRINCIPLE RESIDENCE WAS rN DETROIT FOR 22 YEARS AND THEN CHICAGO AREA FOR 33 YEARS E. MEMBER OF FIRST BAPTIST CHURCH OF NAPLES II. BUSINESS EXPERIENCE A. 1965-1976: VICE PRESIDENT, MARKETING ALLSTATE INSURANCE COMPANY B. 1977-1979: VICE PRESIDENT, GROUP OPERATIONS CNA INSURANCE COMPANY C. 1980-1988: PRESIDENT RING CONSULTING GROUP (CLIENTS INCLUDED GENE. KAl. MOTORS, FORD, JOIIN HANCOCK, PIIOEN[X MUTUAL, JC PENNY, MONTGOMERY W/~KDS, CITIBANK, MOBIL OIL & IRS) NO. MA2 £SJJ -- :. ~ -- 0 0 T U E P. 04 llI. !V. VI. D. 1988--PRESENT: RETIRED WITH ACTIVITY CONCENTRA~IED ON "GIVING BACK" AND HELPING OTHERS. ACTIVITIES I-lAVE INCLUDED CHRISTIAN FINANCIAI. COUNSEIJNG, BIBLE STUDY TEACHING, ORGANIZATION OF TWO NORTH NAPLES AREA FISHING CLUBS TO HELP UNDER PRIVILEGED CHII.DREN (OVER 300 MEMBERS) AND PRESIDENT OF ECA(ESTUARY CONSERVATION ASSOCIATION) EDUCATION A. B.S. HILLSDAI.E COLLEGE, VEI,EDICTORIAN B. M.S. UNIVERSITY OF MICHIGAN, HONORS C. F.S.A. (FEI.LOW SOCIE'I'Y OF ACTUARIES, FULL AC£UARY) PAST AND CURaRENT AC'I'IVITIE~./HOBBIES A. PAS'F: FOO'IBALL, WRESTLING, AND TRACK B. CURRENT: FISIIING, CRUISINO, DIVING, AND GOLF COLLIER COUNTY ACTIVITY A. PRESENTLY NOT ON ANY COLLIER COUNTY OR NAPLES CONflx4]'FIEES Bo AS THE ECA PRESIDENT, HAVE WORKED CLOSELY V~qTH THE COUNTY ON ENVIRONMENTAL AND NAVIGATIONAL SAFETY ISSUES. PRINCIPLE INVOLYE. MENT I-lAS CONCERNED TIlE ~qGGINS PASS INLET MANAGEMENT PI.AN. THE. ECA MII.ESTONE COMMITTEE IIAS MEI' MONT2dLY AS NEEDED WITH COMMISSIONER CARTER, IIA/.v~Y HUBER, KEVIN DUGAN, DOUG SUI'I'ER, DICK LYDON (BEACH RENOURISHMENT AND MAINTENANCE COIvLM/I"I'EE), M1CHAEL POFF (COASTAL ENGINEERING CONSULTANTS) AND Al.SO OTHERS FROM THE ECA TO DISCUSS NOT ONLY ]'HE. PASS BUT OTHER ENVIRONMENTAL 8: NAVIGArlONAL SAFETY ISSUES. WE HAVE BEEN COMPLEMENTED ON OIJR BRINGING NOT ONI.Y PUBI.IC CONCERNS TO TIlE COUNTY .BUT ALSO VIABLE SOLU'I'IONS. PAST AND CURRENT WORKING RELATIONSHIPS WI'I'H THE COUNTY ON PROJECTS HAS E EEN EXCELLENT. REFERENCES A. FEEI. FREE TO CONTACT ANY' OF TI IE INDIVIDUALS MENTIONED IN PARAGKAPH V-B ABOVE B. DR. JEFFREY KAPLAN (941) 592-5534 / {elly Samek 4950 Sycamore Drive Naples. FL 34119 Phone (941) 455.0677 F_mait myrsine~,aol.com Sue ¥ilson Board of County Commissioners 53~)! Tam/mi Trail East Naples, FL 34112 Januan.' 0~ 20C)0 I am sending you an updated version of my resume for application to the City:'County Beach Renourishment Maintenance Committee. (.As you may recall, I sent you a resume last year for earlier advisory board applications.) beth a resident and a registered voter of Collier County and, with my educational and professional experience in er,.xironrnental arena. I believe thru I am a good choice for this particular advisow board. F2ease do not hesitate to contact me via email or phone for more information if it is needed Sincerely. Kelly Samek 994-1998 Kelly Samek 4950 Sycamore Drive Naples, FL 34119 Home Phone 941 455-0677 Email myrsine(~)aolcom EDUCATIOH B.A, Environmental Studies, New College of the University of South Florida Thesis: Voice of the Dtrtle: Marine Turtle Consen'ation in Florida (full text available at http://members.aol.com/ ht a/saveturtle,'weblinks.htm) 199 r-cra'ten t M.S.E S., Bard College Thesis topic: stewardship methods at publicly-managed versus privately'-managed Florida spnngs 999 PROFESSIOHAL WORK HISTORY Research stql~, Florida Deparmlent oJ'Em'ironnlelitat Protection. Fish and ll'~'Idl!'£e Consen'at~on Commission 7alIaha.vsee. Fl. Assessed,coastal armoring on Florida beaches for the Mar/ne Turtle Protection Pro,am 5"& i 995-May1995 b~tem, Keep Sarasota Beau~fid Sarasota, Fl_ Implemented marine debris awareness and prevention program VOLUHTEER POSITIOHS & UHP,O, ID IHTERHSHIPS i995-1999 I'ohmtee~; Corkscrew S*~'amp Sanctua~n' Naples. FL Wrote for voltmteers' newsletter Autumn 1996 Vohmteet; Mote Marine Laboratoq,, ~'ea Turtle Research and Conservation Program Palmer Sea Turtle Rehabilitation FaciliO, Sarasota, FL Recorded hatchling disorientation data; assisted with care of captive sea tut Summer 1996 Spn'ng 1996 · !:' .;-: Summer 1995 Volunteer; Turtle Time, Inc. Bonita Beach, FL Conducted morning nesting sun,eys I'3hmtee~; Ann Marbut Em'ironmenta,' Library Sarasota, FL Assisted with shelving and updating of magazine, book, and audiovisual collections: · performed with Readers' Theater (for thildren) at local Earth Day celebration Intern, Mote Marine Laboratory, Sea Turtle Research and Conse~wal~'on Program Sarasota, FL )dded with morning nesting sun, eys, responding to stranding reports, turtle rehabilitation. public education, and nightly ta~&ging; trained volunteers and other interns to tag. sea turtles 995 Eot?hwawh volunteer; Mote .~lanne L~boratot3., Sarasoto Bm.' Dollghm Study Sarasota, FL .Assisted with field observations of bottlenose dolphins Autumn 1994 i994 dune 1994 &mm~er 1993 1998 ['oluntee~; .~ lore ~ larine Laboratory, ~ lartne ,~ lamina/Rehabilitation Sarasota. FL A/ded with the rehabilitation attempt cf two stranded py~m'ny sperm whales l'ohmleer, Turtle Tm;e, Inc. Bonita Beach, FL Conducted morning nesting surveys l'ohmlee;; Sa~'annah Science .~ luseum Carella Research Project Sa,~'annah, Conducted nig.htty tagging and nest suweys l'ohmtee~; Tttrtle Time, b~c. Bonila Beach, FL Conducted morning nesting surveys Volunteer, Sm'annah Science ,~lttseum Caretta Research Pro.]'ect Sarannah, G.4 Conducted nightly tagging and nest suweys MEETIHGS & SYMPOSIA Flo~da Academy of Sciences AnmmI Lteetmg Wmter Pa& FL Presented under~aduate thesis AC, END :E 1997 Slmmler 1999 Fali1999 7-.J/ i I-' September 1999 17th Annual Symposium on Sea Turtle BioIog3, and Conse~,'afion Orlando, FL Attendant 16th Annual Symposium on Sea Tm'tic Biolog3, and Conservation Hilton Head Island, SC BIBLIOGRAPHY "State of the Unions" The Pragmatist Tallahassee, FL "Species Spotlight: Chelonia mydas" Wild Earth Richmond, IT "Mendhi" The Pragmatist Tallahassee, FL "Mission San Luis" The Pragmatist Tallahassee. FL -Americorps: Uncle Sam Wants You!' break Tallahassee, FL ~ - ~'::-2 .Vov 1999 IT-23Nov1999 I994-1998 "\Vhen You Care Enou~ to Send the \'eW Best" break Tallahassee, FL "A Guide to Tallahassee Sushi!" break TalIahassee, FL AWARDSAHD HORORS New College Foundation Scholarship Four-year, merit-based, full-tuition scholarship l st Place, Dr. Martin Luther King. Jr. Commemoration Day Essay Co]'npetitton Florida Gulf Coast University, Estero, Florida llingt9n Hill Finan¢ al Inc. Registered Investment Advisor January 5, 2000 Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 1250 TAMIAMI lP. AJL NORTH JAN i n 2000 surrE " NAPLES, FLORIDA 34102 $;: '~f3g;'q,'- ,. -' PHONE: 94'/263 8778 '- ~3~,~,-e ~F. pLX/..:...O41 263 1876 800-529-2380 ernai: VMVT83A~Proclgyccm Dear Ms. Filson: RE: Beach'Renourishment and Maintenance Committee The purpose of this letter is to submit my application for the Beach Renourishment Committee. My interest in serving on this committee is based on my recreational and business interest in the local community. I believe I am qualified for serving on this committee for several reasons: 1- I am an active fisherman and on the water betxveen 75 to 100 days a year, thus I am an active user of the beaches and waterways 2- As a boat owner with an interest in the environment, I am conscious of the importance of maintaining open passes for both navigational and environmental purposes 3- As an active member of the local business community, I am aware of the importance of the beaches to the tourism industry Thank you for your consideration of my nomination. · Hill Andrew D.W. Hill, C.F.A. Education Master of Business Administration in Investments and Securities, Syracuse University, 1990 Bachelor of Science in Accounting, Canisius College, 1986 Professional Experience President & Chief Investment Officer, Wellington Hill Financial, Inc., 1991 to present Vice President & Portfolio Manager, Wasmer & Schroeder, 1990 to 1991 Auditor, William D. Frankenstein & Associates, CPAs, 1987 to 1989 Auditor, Seidman & Seidman, BDO, 1986 to 1987 Professional Certifications and Memberships Registered Investment Advisor with the Securities and Exchange Commission and the State of Florida Department of Professional Regulation Certification as a Chartered Financial Analyst (CFA) by the Association for Investment Management & Research, 1994 Admitted to practice as a Certified Public Accountant (C.P.A.) by the New York Department of Education, 1988 Appointed to the Institutional Advisory Committee of the NASDAQ Stock Market, 1994 Florida Institute of Certified Public Accountants Southwest Chapter American Institute of Certified Public Accountants Professional and Civic Responsibilities Naples Chapter of the Financial Analyst Society' (CFA's) - President International College - School of Business Advisory Board Estuary Conservation Association, Vice President Vanderbilt Property Owners Association, Director Naples Council on Planned Giving, Treasurer & Director Naples Area Chamber of Commerce, President's Club Chair Naples Fishing Club, Outings Director Professionals Organized for Leadership Opportunities (POLO), Past President 1995 NO. ~ OBJECTIVE: To confirm the appointment of City Councilmember Fred Tarrant, representing the City of Naples, to a 4 year term, expiring on April 21, 2004, on the Tourist Development Council. CONSIDERATIONS: This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. On February 16, 2000, the Naples City Council adopted Resolution No. 00-8789 appointing Fred Tarrant to represent the city on the Tourist Development Council. FISCAL IMPACT: NONE GROWTH MANAGEMENT 1MPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the appointment of Fred Tarrant representing the Naples City Council and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 14, 2000 03/02/2000 11:14 9414344704 NAPLESCIT¥CLERK PAGE 02 Book 114 .l~ Age~_da I~em m~SOL~TION 00-$~89 w~= =he conclusion of the te~ of ~yo= B~ll Ba~ett has created a De~lopmen= Council; and S~n 1. Tha= Co,oil M~er Fred Tartan% is hereby appoin%ed a~ =he City ~=~ 2. T~s re~olution ~hali cake effec= i~e~a=ely uDon P~S~ ~ O~ ~ ~~ ~ssI~ OF ~ CI~ CO~CIL OF ~ CI~ OF ~A~ ~S 1~ ~ O~ ~, 2~0. Attest: Tara -A. Norman, C£ty Clerk M: \REF\ COUNC/L\ R~$ \ 00-87 89 . B~nnie R. MacKenzie, Mayor~O Approved as to form and legality Tourist Development Council Sttme Timothy J. Constantine 3301 E. Tamiami Trail Naples, FL 34112 District: 4 Category: BCC Chairman Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 774-8392 01/11/00 01/09/01 1 Year Bill Barnett 735 Eighth Street South Naples, FL 34102 District: 4 Category: Municipal Officer 434-4601 02/21/96 04/21/00 Karen Louwsma P.O. Box 110 Everglades City, FL 34139 District: 5 Category: Municipal Official 695-3781 02/24/98 04/21/00 John J. Dougherty 560 South Collier Blvd. Marco Island, FL 34145 District: 1 Category: Owner/Operator :394-5000 03/12/96 642-7091 04/21/00 Jerry Thirion 7524 San Miguel Way Naples, FL 34109 District: 2 Category: Owner/Operator 04/18/95 594-1524 02/08/00 04/21/99 04/21/03 Gene Vaccaro 700 7th Street, S.W. Naples, FL 34117 District: 5 Category: non-Owner/Operator 11/03/98 774-0000 03/23/99 04/21/99 04/21/03 4 Years 3 Years 4 Years 4 Years 4 Years 6 months 4 Years Wednesday, Febntary 09, 2000 Page I oi2 AGENDA ITEM Tourist Development Council Rhona E. Sauaders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Non-Owner/Operator l~ori~ Phone Appt'd Exp. Date Term Home Phone DateReqtppt 2ndF_.xpDate 2nd Term 434-9230 11/24/98 04/21/00 2 Yearn Kevin M. Durkin 101 Debron Drive Naples, FL 34112 District: 1 Category: Owner/Operator 455-1010 02/08/00 04/21/02 2 Years Liana M. Buysse 989 Aqua Circle Naples, FL 34102 District: 4 Category: Non-Ox~er/Operator 261-6522 04/21/92 02/24/98 04/21/94 2 Years 04/21/02 4 Years H. Kent Stanner 515 Wildwood Lane Naples, FL 34104 D/str/~e. 4 Category: Ad Hoc Advisor 649-5098 02/23/99 04/21/03 4 Years This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years. FI. STilT: 125.0104 Staff: Greg Mihalic, HUI Directo~ 403-2330 gFedne~day, February 09, 2000 Page 2 of 2 AGENDA ITEM NO. Received Mar-02-00 03:49pm '03/02/2000 15:52 94~3537127 from 9413537127 CCE$ -, Scanner page P~C..-E 02 UN R$ITY OF FLORIDA EXTENSION Ir~titul~ of Food and Agricultural Sciences March 2, 200O Collier County 14700 Immok~lee P,d Naples, FL ~t120 T.1. (941) 3~4244 SUN 974-~)98 FAX (941) 353-~127 Itonorable Bsrbara B~ry 3301 Tamiami Trail East Naples, I~L 34112 Dear Barbara.' With Tom Olliff's pea'mission, I am writing to request that you consider put, rig the U~ve~i~ ofFlo~'s Wat~ ~so~ce Wor~hop ~ ~e agen~ for ~ch 14. The Wor~ ~ bs at ~ ~okal~= R~h ~ ~duca~0n ~nt~ ~y, ~1 13. We wo~d 1~ th~ o~ suborned to ~m feEow ~ission~ md ~ ~ ~s~ ~m ~ five c~ ~. The workshop is design~ to do two things: provide a $ood, research-breed echtcational i'ounclation on wstm' resources so th. at commissiotmrs can'bctt~ address constltu~ats' ~th and lflao demonstrate what IFA$ at tim Univm'sity oi'Florida is md how th~ serve cctmty govemm~t. Bob Fernandez ~t~atad this project lint fall through a special request to the Univ~sity. My tel~phone number is $$3-4244 Sincerely, DLB/sI C: Tom Olliff 1Vlitch Flinchum AND I:30[~ ~C~C~ ~ OIl. ANT AND 4.H ~ ~I'A'r,E OF ~ [~A..~. A~'ruw.~,, AND IIOARI~ Received Mar-02-00 03:49pm from 9413537127 - Scanner page 3 0310272800 15:52 9413537127 ¢CE$ P~"E 03 SOUTHWEST FLORIDA WATEIt KESOURCE WORKSHOP THURSDAY, ApI~l 13, 2000, 10 A.M. - 3 P.M. UNIVEP~ITY OF FLORIDA Sou'rHWBST FLOP, IDA I~SI~AKCI-I CENTI~R IMMOKALEE, FLORIDA I. Fomlin~ the Water Issue General overview [2 hours] I. Orouuding in Florida Administrative Water Law 2. Public and Private s~tor role in water resource management 3, Storewide source, use and disposition of water 4. Where it oomes fi'om, what's in it and where it goes. b Framing Wa~ Kesoume Issues. [75 minutes] 1. General ~md ~pec[fic uses of water in South Florida and Collier County 2. Allocation, distribution and competition issue: increasin8 dem~od, aul~tnenting supply, water use efficiency, water quality improvement Ii. Alternatives rela~ed to local water uses (not all encompassing) [2 hours] a. Water use on mrflFass b. Water muse and irrigation 2. A~riculture lind Irrigation c. Desalination d. Florida Y~rda and Neighborhood Implications for the future and wrap-up 2000 EXECUTIVE SUMMARY PETITION PUD-85-01(2) R. BRUCE ANDERSON, ESQ. OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING HARLEY DAVIDSON OF NAPLES, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT HAVING THE EFFECT OF ADDING NEW AND USED MOTORCYCLE SALES AND SERVICE AND SALES OF RELATED MERCHANDISE AS A PERMITTED USE FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, EAST OF LIVINGSTON ROAD AND WEST OF 1-75, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 13.45 +/- ACRES. OBJECTIVE: The petitioner seeks to repeal the current Naples Gateway PUD and adopt a new PUD to essentially change the text of Section 5.3 of the PUD Document to add as a permitted use, "New and Used Motorcycle Sales and Service and Sales of related Merchandise (SIC Code Groups 5571, 7699 motorcycle repair service), and to update the PUD to current formatting standards without essentially changing the land use strategy. CONSIDERATIONS: The proposed amendment is a text change to Section 5.3 of the PUD Document to add as a permitted use, ~"New and Used Motorcycle Sales and Service and Sales of related Merchandise (Groups 5571, 7699 ,~otorcycle repair service). The approved Naples Gateway PUD presently allows a range of commercial uses to meet neighborhood shopping needs, as well as the shopping needs of the motoring public traveling to and fi.om 1-75. The approved PUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, landscape buffer areas, and external access points. 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, nor will there be any change in the buffering and architectural requirements currently approved under the Naples Gateway PUD. The proposed uses are similar in intensity to that which is presently permitted in the approved PUD, specifically, the PUD permits Motor Vehicle Dealers (new and used) which maintain repair departments and accessory sales as accessory uses to automobile sales. This PUD to PUD rezone is necessary because Harley Davidson of Naples, Inc., a contract purchaser of a portion of the PUD, seeks approval to construct a retail sales and service center for new and used Harley Davidson motorcycles and related insignia merchandise and accessory items. FISCAL IMPACT: The additional of a new use to the list of permitted uses for an approved PUD will not have any fiscal impact on the County. The fiscal impact analysis was presented at the original rezoning to PUD. 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 ~'-"q maintain adopted levels of service, the County must provide supplemental funds from other revenue sources , order to build needed facilities. Other fees will include building permit review fees and utility fees ;ociated with connecting to the County's sewer and water system. Building permit fees and utility fees have ..aditionally 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. 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. Other applicable element (s) - By virtue of development commitments and the master plan development strategy, staff is of the opinion that the Naples Gateway 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 /'-~chaeological probability as referenced on the official Collier County Probability Map. Therefore, no storical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-85-01 (2), Naples Gateway PUD. EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and staff addressed those matters jurisdictionally within their purview and to the extent necessary provisions were made part of the PUD amendment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to forward a recommendation for approval to the Board of County Commissioners. This petition is not scheduled to appear on the summary agenda because staff received one letter and two telephone calls in opposition to the petition. Specifically, the citizen's were concerned about the potential for noise emanating from the facility. PREPARED BY: /,~USAN MURRAY, AICP CHIEF PLANNER DATE RE~D BY: CURRENT PLANNING SECTION DATE ~ERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-85-01 (2) Naples Gateway PUD This petition has been tentatively scheduled for the March 14, 2000 Board of County Commissioners Public Hearing. AGENDA ITEM 7-C MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 25, 2000 RE: PETITION NO: OWNER/AGENT: PUD-85-01 (2) NAPLES GATEWAY Agent: R. Brace Anderson, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: James R. Colosimo, Trustee 4099 N. Tamiami Trail Naples, FL 34103 Applicant: Harley Davidson of Naples, Inc. c/o A. John Hughes P.O. Box 1910 Fort Myers, FL 33902 REQUESTED ACTION: The petitioner seeks to repeal the current Naples Gateway PUD and adopt a new PUD to essentially change the text of Section 5.3 of the PUD Document to add as a permitted use, "New and Used Motorcycle Sales and Service and Sales of related Merchandise (SIC Code Groups 5571, 7699 motorcycle repair service), and to update the PUD to current formatting standards without essentially changing the land use strategy. GEOGRAPHIC LOCATION: The Naples Gateway PUD is located on the north side of Pine Ridge Road (CR-896), approximately 1/2 mile west of 1-75 in Section 7, Township 49 South, Range 26 East between the Cambridge Square PUD to the west and the Angeleri PUD to the east (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed amendment is a text change to Section 5.3 of the PUD Document to add as a permitted use, "New and Used Motorcycle Sales and Service and Sales of related Merchandise (Groups 5571, 7699 motorcycle repair service). The approved Naples Gateway PUD presently allows a range of commercial uses to meet neighborhood shopping needs, as well as the shopping needs of the motoring public traveling to and from 1-75. The approved PUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, landscape buffer areas, and external access points. The replacement PUD seeks to add New and Used Motorcycle Sales and Service and Sales of related Merchandise (Groups 5571, 7699 motorcycle repair service) to the list of permitted uses without essentially changing the land use strategy. 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, nor will there be any change in the buffering and architectural requirements currently approved under the · Naples Gateway PUD. The proposed uses are similar in intensity to that which is presently permitted in the approved PUD, specifically, the PUD permits Motor Vehicle Dealers (new and used) which maintain repair departments and accessory sales as ancillary or secondary uses to vehicle sales. This PUD to PUD rezone is necessary because Harley Davidson of Naples, Inc., a contract purchaser of a portion of the PUD, seeks approval to construct a retail sales and service center for new and used Harley Davidson motorcycles and related insignia merchandise and accessory items. SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property is under development for a hotel, the remaining portions are vacant. The site presently has a Planned Unit Development (PUD) zoning designation. The original PUD was approved in 1985, and subsequently amended in 1997. Zoning Land Use Surrounding: North - Livingston Woods Lane; Estates Zoning Single Family South - Pine Ridge Road; Pine Ridge Center PUD and Pine Ridge Center West PUD; Commercial land uses East - Estates vacant West- Cambridge Square PUD square approved for 35,000 feet of commercial land uses 2 GROX~'YH MANAGEMENT PLAIN CONSISTENCY: The Naples Gateway PUD is located on the north side of Pine Ridge Road (C.R. 896) approximately 1/2 mile west of the intersection of Pine Ridge Road and 1-75. The subject property is located in the Mixed Use Activity Center surrounding the intersection of Pine Ridge Road and 1-75, as designated on the County's Future Land Use Map. The Activity Center Future Land Use designation is designed to accommodate commercial zoning in locations where traffic impacts can be readily accommodated, and to avoid strip and disorganized patterns of commercial development. The subject petition is for an amendment to an approved Commercial PUD to allow New and Used Motorcycles Sales and Service, which is an authorized use of land in the Activity Center designated area of the Future Land Use Map (FLUM), therefore, it is consistent with the FLUE. Lands surrounding the subject site are under development with or are currently zoned to allow similar types of commercial uses within the same Activity Center surrounding the intersection of 1-75 and Pine Ridge Road (C.R. 896). Residential properties abutting Livingston Woods Lane (north of the subject site) are developed with single family dwelling units at a density of 1 dwelling unit per 2.25 acres which is typical of land with an Estates, "E" zoning classification. The approved and proposed land uses within this PUD are consistent with the provisions of the FLUE relative to an Activity Center subdistrict. The requested uses are similar in nature and intensity to uses permitted by right in the existing Naples Gateway PUD, specifically for Automotive Dealers and Automotive Repair. 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 archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the appropriate sections of the Planning Services Department staff. 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 thoge matters juhsdictionally 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 rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. The proposed amendment to the PUD is to add New and Used Motorcycle Sales and Service and Sales of related Merchandise (Groups 5571, 7699 motorcycle repair) as permitted uses. These uses are similar to uses already permitted by right in the approved Naples Gateway PUD ordinance and are consistent with the Statement of Intent and Project Description as previously approved in the PUD document. Development of the site for the requested use(s) will not preclude the developer from complying with the Architectural controls and extensive screening and buffering that were designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. Additionally, the petitioner has agreed not to face the doors for the service bays/garages towards Livingston Woods Lane. Furthermore, the petitioner will have to meet the provisions of the Land Development Code (LDC) for required open space and any other applicable regulations. These proposed changes will not have a negative impact on the density or infrastructure internal or external to the project. For these reasons, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recogmtion of the fact that when the property was initially rezoned, the decision to approve the Naples Gateway PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. Traffic Circulation Element - The proposed amendment will not generate any new site trips versus the currently approved PUD. There is no additional land area proposed to be added, nor is there a proposed change in the number and/or Iocation of access points from the previously approved PUD. Therefore, no additional trips will be generated by the proposed use. 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 pg. OO STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-85-01(2) being a petition to repeal the current Naples Gateway PUD and adopt the revised Naples Gateway PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document), effectively amending the text change to Section 5.3 of the PUD Document to add as a permitted use, "New and Use Motorcycle Sales and Service and Sales of related Merchandise (Groups 5571, 7699 motorcycle repair services). PREPARED BY: REVIEWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE A~D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. DIVISION Petition Number: PUD-85-01(2) Naples Gateway PUD Staff Report for the February 17, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the March 14, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 6 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENI)MENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CL~LRENT PLANNING ge Name of Applicant(s) Harley Davidson of Naples, Inc. Applicant's Mailing Address c/o A. John Hu~hes, P.O. Box 1910 City Fort Myers State FL Zip 33902 Applicant's Telephone Number: Res.: Bus.: (941)3374500 Is the applicant the owner of the subject property? Yes X No . (a) If applicant is a land trust, so indicate and name beneficiaries below. x (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. See attached page. (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, ii: any. X (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. See a~ached page for li~ ofbenefici~es. (If space is inadequate, a~ch on sep~ate page.) Name of Agent R. Brace Anderson, Esq. Firm Young, van Assenderp, Varnadoe & Anderson, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State FL Telephone Number: Res.: Bus.: Zip 34108 (941)597-2814 o PUD ORDINANCE NAME AND NUMBER: Naples Gateway PUD-Ordinance No. 97-49 DETAILED LEGAL DESCRIPTION OF THE PROPERTY, COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 7 . TOWNSHIP 49 South RANGE 26 East Tracts 29, 44 and 45 of Golden Gate Estates Unit 35 according to the plat thereof recorded in Plat Book 7, Page 85 of the Public Records of Collier CounW, Florida. Address or location of subject property North side of Pine Ridge Road east of Livineston Road and west of Interstate 75. Does property, owner own contiguous propert3.' to the subject property? If so. give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes. See attached Exhibit "Contiguous Property". 10. TYPE OF AMENDMENT: X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: X Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, James R. Colosimo, Trustee and Scott Fischer as President of, Harley Davidson of Naples, Inc. being fn'st duly sworn, depose and say that we are respectively, the owner of the property and contract purchaser of a portion 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 pan of this application, are honest and tree 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 R. Bruce Anderson of Young, van Assenderp, Vamadoe & Anderson, P.A. to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. .tjai~nes R. Colosimo, Trustee Sco~Fischer,'Pr~ident[ R. Bruce Anderson, Esq. State of FIorida County of The foregoing Application was acknowledged before me this. ].t.f'/~.- day of October, 1999 by Scott Fischer as President of Harley Davidson of Naples,, Inc., a F~e.f~ corporation. He is p~ to me or who h~.j~/duced, as identification. .,~.~~ NoW Public Printed Name of Notary Public ~,.~'?o,~.,,~, -G_ FIONALD H. HALL .~ ~ ~ COMMI~N ~ CC 708617 ~ ~ ~ ~ffiRES JAN 15, 2002 ~ B~DED -e ~ ~- ATtiC ~N~NG ~., INC. State of Florida County of Collier The foregoing Application was acknowledged before me this ,J/ 2.-- day of (.')cT ,1999 by James R. Colosimo as Trustee, w~ho is personally known to me or who has produced as identification. (Si~tur-e of Notary Public) ' NOTARY PUBLIC F:~aiserskBETSY~WPS~tARLEY DAVIDSOIC, PUD-DO AMENDMENT Applicafion.wpd ATTACHMENT TO APPLICATION FOR PUBLIC'HEARING FOR PUD AMENDMENT/DO AMENDMENT Section l(a) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Harley-Davidson of Naples, Inc. Directors: Scott Fischer Mary Fischer Officers: Scott Fischer President Ronald H. Hall Secretary & Treasurer Stock Holders: Scott Fischer Mary Fischer Section l(f) If applicant is a contract purchaser, a~ach copy of contract, and indicate actual owner(s) name and address below: NAPLES GATEWAY LAND TRUST BENEFICIARIES Goodman 1993 Family Trust dated 1/13/93 Naples, FL Acme Investment Co. Cedar Rapids, IA U/A Dated 5/2/89 M/B Edward S. Blackburn, FBO Edward S. Blackburn Bonita Springs, FL Ruth M. Campbell and Cleveland L. Campbell U/A Dated 12/21/79, M/B Ruth M. Campbell Naples, FL James A. Cunningham and Jill A. Cunningham Naples, FL S. M. Gleason & Co. Bradford, PA ATTACHMENT TO APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT P~e 2 Charles Gozder Palos Park, IL John A. Groetsch, Jr. SanibeI, FL Cecily Kohler Centreville, VA Walter E. Lakoff Richmond, IN William Joseph Mobley Trust Naples, FL Angela M. Monahan Naples, FL Renee Virginia Moss Education Fund Ann Arbor, MI Elizabeth Patton Moss Education Fund Ann Arbor, MI Catherine Moss Loop Education Fund Ann Arbor, MI Eddie E. Neese Fort Myers, FL Ameta Sue Pratt Newport, AR The Patton Corp. Ann Arbor, Mi G. Robert Richards and Jean R. Richards, Jointly with Right of Survivorship ATTACHMENT TO APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT Page 3 William D. Seiffert Bonita Springs, FL Betty. E. Skormard Naples, FL Waterford Mortgage Corp. Naples, FL Burdette R. Weaver Sioux City., IA Harriett B. Wick Bradford, PA CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made by and between JAMES R. COLOSIMO, Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Flodda Statue 689.071, whose address is 4099 Tamiami Trail, N, Naples, Flodda 34103, (hereinafter referred to as "Seller"), and WEST COAST MOTORCYCLES, INC. (or HARLEY-DAVIDSON OF NAPLES INC.), or their assigns, whose address is , (hereinafter referred to as "Purchaser"). WHEREAS, Seller is the owner of a parcel of real property located in Collier County, Flodda; and WHEREAS, Purchaser desires to purchase from Seller, and Seller des[res to sell to Purchaser, such parcel of real property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Purchaser and Seller agree as follows: ARTICLE I Property 1.01 Property to be Sold and Purchased. Seller shall sell to Purchaser, and Purchaser shall purchase from Seller, all of Seller's dght, title and interest in and to the following: A. A parcel of property situated in Tracts 44 and 45 of GOLDEN GATE ESTATES, Unit 35, according to the plat thereof, recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, a rectangular parcel beginning at a point approximately 268 feet East of the Eastern most boundary of Tract 29 of GOLDEN GATE ESTATES, Unit 35, and continuing Eastward for 150 feet along the Northerly boundary of said Tract 44, thence South on a line perpendicular to the upper boundary of Tract 44, to the Southerly boundary of Tract 44 (approximately 630 feet), thence Westedy along the Southerly boundary of said parcel for a distance of 150 feet, thence North to the Northerly boundary on a line parallel to the Easterly line of the parcel, for a distance of approximately 630 feet, as depicted in Exhibit A attached hereto. Said parcel being situated as depicted on that certain sketch attached hereto as part of Exhibit "A"; together with: (1) any easements, privileges, and rights or rights-of-way over premises contiguous to, or adjoining, or nearby such real estate; (2) any and all easements, appurtenances and hereditaments, if any, belonging to, in anywise pertaining to, or inuring to the benefit of, such real estate or the fee owner thereof;, and (3) any and all strips and gores of land adjoining or abutting the real estate (the "Real Estate"); B. All improvements, structures and fixtures now or hereinafter existing upon the Real Estate, if any (the "improvements"); C. Seller's right, title and interest in and to any and all existing architectural and engineering drawings and specifications, architectural and other feasibility studies, land surveys, environmental studies and audits, tree surveys, title abstracts, traffic studies, hazardous waste surveys and audits, all other studies related to the permitting and development of the Real Estate and the like and all governmental permits, licenses, certificates and other approvals relating to the Real Estate ("Other Property"). 1.02 Title. A. At the Closing (hereinafter defined), Seller shall convey to Purchaser good and marketable title in fee simple to the Real Estate and the Improvements on the Real Estate, free and clear of all liens, encumbrances and other exceptions to title in accordance with the Standards for Real Estate, which are attached and by this reference, made a part hereto and free of any exceptions and/or encumbrances which would adversely affect the use of the property by the Purchaser for its intended purpose, and ad valorem taxes for the year of closing and thereafter which are not then due and payable. VVhere there may be conflicts in attached Standards for Real Estate, then this written Contract shall prevail. B. At the Closing, Seller shall transfer and assign to Purchaser all Other Property, if any, free of the dghts or claims of all persons other than the rights, if any, of professionals who prepared any of the Other Property. Conveyance shall be made as more particularly hereinafter provided. 1.03 Documents of Title. A. Seller Materials. Unless otherwise noted below, on or prior to'the date which is ten (10) days after the "Effective Date" (as hereinafter defined), Seller shall, at its sole cost and expense, obtain and provide to Purchaser the following: (i) Seller shall order an abstract of title, from a reputable abstract firm, purporting to be an accurate synopsis of the instruments effecting title to the property recorded in the Public Records of Collier County, Florida, in which the property is located, and certified to the Effective Date of the Contract, within three (3) business days of the Effective Date of the Contract, and shall have the abstract company deliver said abstract to the Purchaser. The abstract company shall deliver said abstract to the Purchaser within ten (10) business days from the Effective Date of the Contract. (ii) A UCC-11 Financing Statement Search and Federal Tax Lien Search (dated no earlier than the Effective Date) of the records of the Secretary of State of Florida, prepared by a company regularly engaged in statements and tax liens, indexed or filed against the Real Estate, or any part or portion thereof. Such search is herein sometimes referred to as the "UCC Search". Copies of any existing surveys on the subject property, if any, that are in Seller's possession. Purchaser's Materials. Purchaser shall, at its sole cost and expense, obtain the following: (i) On or prior to the date which is thirty (30) days after the expiration of the Inspection Period, Purchaser shall obtain, at its sole cost and expense a current ALTA boundary survey of the Real Estate, by a licensed Florida surveyor, in accordance with applicable Florida requirements, and at Purchaser's option, ALTA standards (the "Survey"). The Survey shall show all Real Estate boundary lines, Improvements, if any, encroachments, setback lines, easements, adjoining roadways and utility easements located therein, and all other matters which are revealed by the abstract. 1.04 Objections to Title. A. Purchaser shall have thirty (30) days after receipt of the last of the title documents, referred to in Section 1.04 hereof, to examine each of such documents, and make an objection to Seller as to any title defect revealed by such documents which renders title to the Real Estate, or any portion thereof, unmarketable, or which will, if not cured pdor to Closing, prevent Seller from delivering the quality of title required to be delivered, pursuant to Section 1.03 hereof. B. Seller shall have sixty (60) days after receipt of Purchaser's notice of objection, pursuant to Section 1.05(A), to cure any objectionable title defects. Seller acknowledges that Seller's right to cure objections to title shall not impact upon the rights of Purchaser to terminate this Contract at an ,4ime P~. during the inspection periods, as described in Paragraph 6.04 hereinafter. , ; C. If Seller shall not cure any such objectionable title defects to Purchaseds reasonable satisfaction, within such cure period, Purchaser shall have the option either to cancel this Agreement by giving wdtten notice of its intent to do so, within ten (10) days of the expiration of the cure pedod, or to perform hereunder in spite of such defects. In the event Purchaser cancels this Agreement, the"Deposit" (hereinafter defined) shall be returned to Purchaser. 1.05 Possession. Purchaser shall have sole and exclusive possession of the Real Estate upon record transfer of title. ARTICLE II Purchase Price 2.01 A. Amount of Purchase Price. The Purchase Price ("Purchase P~'ice") for the Real Estate shall be _ " (based upon sg.00 per square foot, calculated on the gross acreage of real property) for the Real Es[ate. Purchaser shall have the property surveyed, and the Purchase Price shall be adjusted upward or downward depending upon the actual square footage of the property, as determined by said survey, based upon the Purchase Price of $9.00 per square foot. B. Payment of Purchase Price. Purchaser shall pay to Seller, in consideration for the transfer and conveyance of the Real Estate, the Purchase Price, as follows (and as otherwise described herein): (i) VV~thin five (5)'days of the execution of this Agreement by both parties. Purchaser shall deposit with Thomas G. Eckerty, Esquire, ("Escrow Agent"), the sum of , (which funds, together with all other earnest money deposits called for herein and interest earned thereon, is herein referred to as the "Deposit"). The Deposit shall secure Purchaser's obligations hereunder. Escrow Agent shall deposit the Deposit in an interest-bearing account, with a national or other bank the deposits of which are insured by the FDIC. Provisions relating to this escrow arrangement are further set forth in Section 9.13 hereof. If Purchaser does not terminate this Agreement, ~ursuant to Section 6.04 hereof, Purchaser shall deposit an additional sum of ), with the Escrow Agent, on or before the date which is five (5) days after the expiration of the I~spection Period, as set forth in Section 6.04 hereof. Such monies shall become a part of the Deposit upon Escrow Agent's receipt thereof. If Purchaser fails to close hereunder and such failure constitutes a default by Purchaser, Seller shall, as its sole remedy and as liquidated damages, be entitled to receive the Deposit. If this Agreement is terminated prior to Closing, pursuant to any provision hereof or otherwise (and Purchaser is not in default hereunder), the Deposit shall be returned to Purchaser (unless otherwise expressly provided herein). If Seller refuses to close the transaction, Purchaser may enforce this Agreement, via specific performance, by choosing to accept a return of its deposit or may elect to seek damages or other remedies as allowed by Florida law. Upon any Closing hereunder, the Deposit shall be disbursed to Seller, and shall apply against the Purchase Price to be paid by Purchaser hereunder. (ii) At Closing, Purchaser shall pay Seller the Purchase Price via bank cashier's check or wire transfer of funds, subject to adjustments and prorations. Purchaser shall receive a credit for the Deposit, which shall be disbursed to Seller at Closing. ~ -3- ARTICLE Iil Warranties and Representations 3.01 Seller's Warranties and Representations. Seller hereby makes the following warranties and representations to Purchaser, which warranties and representations are now made and shall also be deemed to have been made again at the Closing, to-wit: A.. There are no notices of violations of law or municipal ordinances, or requirements noted in or issued by any governmental department, or to the actual and present knowledge (without duty of inquiry) of Seller, any suits threatened or pending, or any fire, zoning, building, air pollution, health, environmental or similar violations affecting the Real Estate or any portion thereof, and the Real Estate shall be free of same cn the Closing Date. To the Seller's actual and present knowledge (without duty of inquiry), there are no hazardous and/or toxic substances, wastes or materials stored on, buded on or under, or otherwise contaminating the Real Estate or any portion thereof, and the Real Estate shall be free of the same on the Closing Date. Upon Purchaser's request, Seller shall furnish Purchaser with ~ny authorization necessary to make searches or inquiries to verify the existence or absence of any of the matters described above. B. No contract has been made or entered into nor anything done, suffered or permitted in relation to the Real Estate or to the Improvements, in consequence of which any lien or claim may be made against the Real Estate cr the Improvements under Chapter 713, Florida Statutes (the Construction Lien Law). C. Seller has received no written notice of any order or proceeding relating to an increase in the tax assessment of the Real Estate, nor are there any additional assessments against the Real Estate not appearing on the 1998 tax bill for the Real Estate. Seller has been advised of the proposed widening of Pine Ridge Road to six (6) lanes (a copy of the letter from Collier County, in regard to such road widening is attached hereto as an exhibit). Under the terms of the Naples Gateway PUD, Seller is required to make such dedication to the County, when requested, and shall be compensated therefor by road impact fee credits. If this taking has been completed prior to the closing of this transaction, the Property will be reduced by such taking, but the Purchase Price shall be based on the square footage prior to the taking, and at Closing, Purchaser shall receive the road impact credits issued by the County for the taking. D. There are no claims or actions pending, or to Seller's actual and present knowledge (without duty of inquiry), threatened which can or may result in, or ripen into, liens, or which can or may otherwise affect or impair the title to the Real Estate, or which otherwise relate to the Real Estate. E. As of the Effective Date, there are no persons possessing or having rights of possession to the Real Estate or any portion thereof other than Seller. F. Seller is fully authorized to enter into this Agreement and consummate the transaction described herein. Seller is the owner of the Real Estate and has full power to sell, assign, transfer and convey same to Purchaser. The Seller represents that no other party or authority is necessary to sell, assign, transfer and convey title to the Real Estate, in accordance with, and pursuant to, this Agreement, except as otherwise expressly set forth herein. G. Seller owns good and marketable title to the Real Estate free and clear of all liens and encumbrances, except for general real estate taxes for 1999 and thereafter. :).02 Breach of Warranties and Representations. If, at or prior to the Closing Date, Purchaser shall determine that any warranty or representation contained in this Article is untrue or incorrect (without regard to Seller's knowledge), the Purchaser shall be entitled to cancel this Agreement, and pursue any available remedies for default by Seller. If Purchaser discovers any fact which would constitute an omission or mis-statement of any of the above representations and warranties, pdor to Closing and proceeds to close this transaction, the Purchaser shall be deemed to have waived any claim arising out of such omission or mis-statement. These warranties and representations shall not survive Closing of the transaction. ARTICLE IV Brokerage Commissions 4.01 Real Estate Brokers Commission. The parties warrant and represent to each other that they have no knowledge of any real estate broker or agent involved in this transaction, nor of any commission due, or to become due as a result thereof, except that by a separate commission agreement, a commission shall be due to TwinEagles Brokerage, Inc., from which fi) James R. Hiironen, licensed real estate broker, shall be paid a .', and (ii) Grubb & Ellis VIP/D'Alessandro shall be paid a - on closing, which TwinEagles Brokerage, Inc. commission is the sole obligation of, and snal~ De pa~o solely by Seller. Each party agrees to indemnify, defend and hold harmless each other from any and all laws, damage, cost or expense, including reasonable attorneys' fees, which the other party may sustain or incur by reason of any claim for a commission by, through or under the indemnifying party. ARTICLE V Conditions and Contingencies 5.01 Conditions to Purchaser's Obligations. Purchaser's obligations under this Agreement shall be, unless waived in writing by Purchaser, subject to the following conditions: A. All covenants, agreements, actions, proceedings, instruments, and documents required to be performed, complied with, undertaken or delivered, as the case may be, by Seller, have been performed, complied with, undertaken and delivered, in accordance with the terms of this Agreement. B. The warranties and representations made by Seller, in Article III hereof, are true and correct, as of the date of this Agreement, and as cf the Closing Date. C. All actions, proceedings, instruments, and documents required to be performed, complied with, undertaken or delivered, as the case may be, by Seller, have been approved by Purchaser's counsel, which approval shall not be unreasonably withheld. D. Purchaser shall have a period of one hundred twenty (120) days ("Second Period") from the end of the Inspection Period, as defined in Paragraph 6.04 hereinafter, to obtain, at Purchaser's expense, an amendment to the Planned Unit Development ("PUD") (and any other administrative and governmental activity deemed necessary by the Purchaser, in the Purchaser's sole discretion) permitting the use of the Real Property for Purchaser's purposes (new and used motorcycle sales and service and related sales and service). In the event Purchaser is unable to obtain governmental approval, to Purchaser's satisfaction, Purchaser may terminate this Contract, and all deposits shall be returned to Purchaser, with interest, immediately, upon notification with regard to such termination. E. Upon the acquisition by the Purchaser of the governmental approvals, described in Paragraph 5.01(D.), within the Second Period, Purchaser shall have an additional ninety (90) days ("Third Period") in which to acquire preliminary and final site development plan approvals and all additional approvals necessary from any entity having jurisdiction for Purchaser's intended use. In the event Purchaser is unable to obtain governmental approval, to Purchaser's satisfaction, then all deposits shall be returned to Purchaser, with interest, immediately, upon written notification with regard to such termination. F. In the event Purchaser has not obtained all amendments and any other administrative and governmental activity, and all approvals with regard to preliminary and t"caL,site development plans, at the end of the Third Period, all in Purchaser's sole 'discretion, the agreement for purchase and sale will be extended for two (2) additional thirty (30) day pedods, with the paymefit of' ; as an extension fee for each thirty (30) day extension, which extension fee(s) shall not apply to the Purchase Pdce. In the event the Purchaser is unable to obtain the necessary approvals dudng these extension pedods, then Purchaser may terminate this Contract for Sale and Purchase, and upon written notice of such termination, the deposits, together with any interest thereon, shall be returned to Purchaser. The extension fees shall not be considered deposits under this Contract. 5.02 Conditions to Seller's Obligation. Seller's obligations under this Agreement shall be, - unless waived in writing by Seller, subject to the following conditions: A. All covenants, agreements, actions, proceedings, instruments, and documents required to be performed, complied with, undertaken or delivered, as the case may be, by Purchaser, have been performed, complied with, undertaken and delivered, in accordance with the terms df this Agreement. B. Ail actions, proceedings, instruments, and documents required to be performed, complied with, undertaken or delivered, as the case may be, by Purchaser, have been approved by Seller's counsel, which approval shall not be unreasonably withheld. If any of the foregoing conditions have not been fulfilled at or prior to Closing, then Seller shall have the right to cancel this Agreement, whereupon the Deposit shall be returned to Purchaser, unless Purchaser is in default, and the provisions of Section 2.01(B) require the Deposit to be paid to Seller. ARTICLE VI Conduct Pending Closing 6.01 Cure of Violations. Pending the Closing, Seller shall comply with all notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department, and shall cure any zoning, building, air pollution, health, environmental, or similar violations. 6.02 Condition of Property. Pending the Closing and except as otherwise set forth herein, if applicable, Seller shall keep the Real Estate in substantially the same physical condition as it is in on the date hereof. On the Closing Date, Seller shall deliver possession of the Real Estate to Purchaser in substantially the same physical condition as existed on the date hereof. 6.03 Risk of Loss and Condemnation. The risk of loss or damage to the Real Estate, or any portion thereof, until record transfer of the title, shall be assumed by Seller, except as otherwise set forth in 3.01(C). If any damage to the Real Estate occurs, or if all or any portion of the Real Estate is condemned or taken by eminent domain (or if condemnation or eminent domain proceedings are commenced) prior to record transfer of title, Purchaser shall, in the case of damage, have the election of either canceling this Agreement and receiving the Deposit, or completing this purchase without a change in the Purchase Price, and in the case of eminent domain, Purchaser shall have the election of canceling this Agreement and receiving the Deposit, or completing this purchase and receiving the condemnation proceeds, payable by virtue of such condemnation or taking. 6,04 Inspection and Testing of Real Estate. Purchaser (including its agents, employees, architects, engineers and independent contractors) shall have the right to inspect and perform tests on the Real Estate at any time, and from time to time after the Effective Date. Such inspection and testing may relate to the physical condition of the Real Estate, the Real Estate's (and Purchaser's Intended Development's) compliance, with all applicable laws, ordinances, rules, regulation, s, orders and other requirements of governmental authorities, the practical use of the Real Estate, the architectural or economical feasibility of the Real Estate (and Purchaser's Intended Development) and such other matters, of whatever kind or nature, as Purchaser shall desire. Such inspection and testing may also inclu ¢_,,jEithout limitation, any soil, environmental, groundwater and other tests that Purchaser may require. To assist Purchaser with its inspection, Seller agrees to deliver to Purchaser copies of all Other Property in Seller's possession, or in the possession of Seller's engineers, brokers, surveyors, consultants, experts, architects, planners and designers, on or before the date which is five (5) days after the Effective Date. If, upon inspection or further study of the Real Estate, Purchaser, in its sole discretion, determines that: (i) the physical condition of the Real Estate is unsatisfactory; (ii) the Real Estate does not comply with all applicable laws, ordinances, rules, regulations, orders and other requirements of governmental authorities; (iii) the Purchaser's Intencled Development, or Purchaser's other intended use (present or future) of the Real Estate is impractical; (iv) the real Estate, or Purchaser's Intended Development is not architecturally or economically feasible; (v) the conditions to Purchaser's obligations are or may be impossible or impracticable to meet; or (vi) if for any other reason in Purchaser's sole discretion, Purchaser finds the Real Estate undesirable, Purchaser shall have the right to cancel this Agreement within the forty five (45) day period after the Effective Date (the "Inspection Period"), by written notice to Seller. In the event Purchaser cancels this Agreement, pursuant to Section 6.04, Purchaser's Deposit, and any interest earned thereon, shall be returned to Purchaser, and thereafter the parties shall have no further liability to each other hereunder. Purchaser shall return the property to Seller in substantially the same condition as before testing, ordinary wear and tear excepted. Purchaser shall indemnify and hold Seller harmless from any and all losses, actions, claims, demands and liabilities which might arise against Seller or the Property, by virtue of the Purchaser's inspections. This provision shall survive the termination of the Commct. 6.05 Hazardous Waste. Purchaser, at its sole cost and expense, and option, on or before forty five (45) days after the Effective Date, shall obtain an inspection report or study (the "Report") prepared by a chemical, environmental or other qualified consulting engineer or consultant ("Consultant"), in which the Consultant, after due inspection of the Real Estate, certifies as to whether there are any hazardous and/or toxic substances, wastes or materials stored on, buried on or under, or otherwise contaminating the Real Estate or any portion thereof. If the Consultant determines that any of the foregoing materials are stored on, buried under or otherwise contaminate such Property or any portion thereof, the Report shall also state the nature of such materials, the cost of removing such materials, and such other matters as Purchaser shall request. In all events, the Report shall be in a form and contain such further information as shall be required by Purchaser. In the event that the Report reveals the existence of any such hazardous and/or toxic substances, wastes or materials on or about such Properl'y, or any part thereof, Purchaser has the immediate right to cancel this Contract and receive any and all Deposit monies previously paid if such report is unsatisfactory to the Purchaser for any reason whatsoever, and in Purchaser's sole discretion, whereupon the Deposit shall be returned to Purchaser, and Purchaser shall have no further liabilities hereunder. Notwithstanding the above, if the Report reveals the existence of any such hazardous and/or toxic substances, wastes or materials if Seller elects, at Seller's sole cost and expense, to completely clean up and remediate such contamination, in accordance with all governmental requirements, and if Purchaser does not exercise its rights to terminate this Contract. as set forth hereinabove; in such case, Seller shall have a pedod of up to one hundred twenty (120) days to accomplish the foregoing, and the Closing Date shall be extended to the date which is ten (10) days after the foregoing have been accomplished. If Seller has not completely cleaned up and remediated the contamination, and caused the Report to be revised as above provided, within such one hundred twenty (120)day period as provided above, Purchaser shall again have the right to terminate this Agreement as above provided. If Seller elects to clean up and remediate the contamination, and cause the issuance of the revised Report, Seller shall continuously pursue such action, in good faith and with reasonable diligence, so that the same may be accomplished as soon as reasonably practicable. Seller acknowledges that the provisions of this Paragraph do not limit the rights of the Purchaser to terminate this Contract during the forty five (45) day Inspection Period, pursuant to Paragraph 6.04. 6.06 Common Expenses. The parties agree that there are certain common expenses to the development of the overall property owned by the Seller, which encompasses not only the Naples (~at~way ,- -7- PUD in which the Property is a part, but additionally, the acreage within the Caml~ddge Square PUD to the West of the Naples Gateway PUD. There are certain costs which are a benefit to the ProperS/ being purchased by the Purchaser, and the other property owned by the Seller, including, but not limited to, a master South Florida Water Management Distdct (SFWMD) permit, a lift station facility common to the entire property, an eight (8') foot wall along the Northerly property line of the PUD, as well as the cost of engineering ancl development of the water management area located as part of Tracts 28 and 29, which shall serve both the PUD and the Seller's other properties to the West, and shall be a depository for storm water run-off, together with entrance Foad construction, extension of utilities, and turn lanes, for all of the property. Purchaser and Seller agree that, during the investigation period, these costs will be identified, and the parties shall enter into a cost shadng agreement for the allocation of these common costs. Purchaser shall pay its- portion of such costs, in escrow, at the time of the closing of the transaction, to be disbursed pursuant to the terms cf the cost sharing agreement. ARTICLE VII Conduct Subsequent to Closing 7.01 .Pending Proceedings. Purchaser shall have the right, but not the obligation, to continue any pending proceeding for the review of any real estate tax assessment against the Real Estate or relating to any condemnation or taking of all or any portion of the Real Estate. Seller agrees to cooperate with Purchaser, without further compensation but at no cost to Seller, if Purchaser elects to continue any such proceedings. ARTICLE VIII Closing 8.01 Place of Closing; Closing Date. The transfer of title ("Closing") shall take place at the offices of Seller's attorney, in Fort Myers, Flodda, on the date which is thirty (30) days after the Third Period; unless the Closing Date is extended to allow Seller to cure title defects or to remediate contamination, or pursuant to any other provisions hereof. Closing may occur at such other time and place as the parties may agree in writing. The date on which the Closing is to occur is referred to herein as the "Closing Date". 8.02 Adjustments. There shall be prorations and adjustments between Purchaser and Seller on and as of the Closing Date, on the following items with respect to the Real Estate: A. Current real estate taxes computed on a calendar year basis, based on the latest available tax bill (excluding any delinquent items, interest and penalties); provided, however, that the parties shall, after Closing, re-prorate such taxes based on the actual tax bill for the year of Closing, if either party requests such re-proration; and B. Assessments imposed by any property owner association governing the Real Estate. Payment of the adjusted amounts shall be made at Closing, in cash or by certified check, to the party entitied thereto, or by proper adjustment of the Purchase Price. 8.03 Seller Documents. At Closing, Seller shall deliver to Purchaser the following documents with respect to the Real Estate: A. Statutory general warranty deed, duly executed by Seller, in recordable form, conveying to the Purchaser good and marketable fee simple title to the Real Estate and Improvements, subject only to exceptions permitted pursuant to the standards for Real Estate transaction, attached as an exhibit to this Contract (the "Warranty Deed"); Certificate of Non-Foreign Status (FIRPTA); -8- C. All certificates, licenses, permits, authorization~i, and approvals in Seller's possession, issued for or in respect to the Real Estate, or Purchaser's intended use thereof by governmental and quasi-governmental authorities; D. Title insurance for the purchase will be provided by Purchaser's counsel. Seller shall provide such affidavits as required by Purchaser's counsel and the title company reasonably required, in order to omit from its title insurance policy all standard exceptions and all exceptions for judgments, bankruptcies, and other returns against persons or entities, whose names are the same as or similar to Seller's name; E. Closing statement(s) reflecting the payment of the Purchase Price, and all other payments required to be made by the parties hereto, as well as Closing adjustments; Fo A UCC search, dated or re-dated as of the Closing Date; G. Such other documents and instruments as may be necessary or desirable to ctose the transactions contemplated hereby, or as may otherwise be required by any other provision of this Agreement; and H. Such documents which reflect the authority of the Seller (or any transferee or assignee of Seller) to consummate any transaction contemplated herein, and, if applicable, the identity of the transferee or assignee of any of the rights or obligations of Seller hereunder. 8.04 following: Purchaser's Documents. At Closing, Purchaser shall deliver to the Seller or provide the A. Closing Statement(s) reflecting the payment of the Purchase Price, and all other payments required to be made by the parties hereto as well as all closing adjustments; B. Such documents which reflect the authority of the Purchaser to consummate any transaction contemplated herein; and C. The funds set forth on the Closing Statement to close the transaction. 8,05 Closing Costs. At Closing, Purchaser shall pay for the cost of and/or for furnishing the following: (a) recording of the Warranty Deed; (b) the Survey, and (c) the Owner's Title Insurance Policy. At Closing, Seller shall pay for the cost of and/or for furnishing the following: (a) cost of the abstract; (b) any title corrective instrume:~ts; (c) State of Flodda documentary stamps on the Warranty Deed; (d) certified, confirmed and ratified special assessment liens as of the Closing Date (not as of the Effective Date); and (e) all other costs and expenses to be paid by Seller pursuant to the other provisions hereof. Pending liens as of the Closing Date shall be assumed by Purchaser. If the improvement has been substantially completed as of the Effective Date, any pending liens related thereto shall be considered certified, confirmed or ratified, and Seller shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. Seller and Purchaser shall each pay their own counsel fees. ARTICLE IX General Provisions 9,01 Notices. All notices shall be in wrfting, and shall be served either personally or by certified mail, return receipt requested, or by Federal Express, or other nationally recognized overnight courier -9- service, addressed to the address of Seller and Purchaser, at the address for, them set forth on the first page hereof. All notices delivered shall be deemed given when received. 9.02 Binding Effect. This Agreement shall be binding upon the parties, their heirs, executors, successors and assigns. Purchaser may assign its rights hereunder, in whole or in part, without Seller's consent; provided the Purchaser shall continue to be liable for full performance of Purchaser's obligations hereunder. 9.03 Entire Agreement. This Agreement contains the entire understanding of the parties, and supersedes all pdor agreements and negotiations respecting such matter. 9.04 Governing Law. This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Florida. 9.05 Modification. This Agreement may not be changed or modified,' except by written instrument signed by all of the parties hereto. 9.06 Further Assurances. Each party, without further consideration, shall take such action and execute and deliver such documents ss the other may reasonably request to effectuate the purposes of this Agreement. 9.07 Headings. The article, section and paragraph headings herein contained are for the purposes of identification only, and shall not be considered in construing this Agreement. 9.08 Authority. The authority of Purchaser and Seller, respectively, or their assigns, to execute and deliver the instruments and perform the obligations herein contemplated, shall be evidenced by written approvals, authorizations, resolutions, or such other documents as shall be reasonably required by counsel for the parties or by the Title Company. 9.09 Acceptance. This Agreement, when executed by Purchaser, shall constitute an offer, which shall be subject to acceptance by Seller until 5:00 PM, on the fourteenth (14"') day after Purchaser executed this Agreement, as stated below next to its signature. If a written acceptance is not made and delivered by Seller to Purchaser, at or before such time and date, the offer shall be void and of no further effect, unless extended by Purchaser by written notice to Seller. Upon timely acceptance of this offer by Seller, the Deposit shall be promptly delivered. 9.10 Date of Agreement. For all purposes herein, the date of this Agreement shall be deemed to be the Effective Date, and the Effective Date shall be the last day on which Purchaser or Seller executed this Agreement. 9.11 Termination/Condition of Agreement. If, pursuant to any provision of this Agreement, Seller or Purchaser propedy terminates or cancels this Agreement, then, unless otherwise specifically stated herein, the Deposit shall be returned to Purchaser, and neither party shall have any further dghts or obligations hereunder (except for any then existing defaults by a party, including any default giving dso to the termination or cancellation right). 9.12 Escrow Provisions. The Deposit shall be applied as provided elsewhere in this Agreement, and all interest earned on the Deposit shall run with and become a part of the Deposit. If either Purchaser or Seller believes that it is entitled to the Deposit, and desires to demand that the Deposit be paid to it, it shall, in wdting, notify Escrow Agent of such demand and simultaneously provide a copy of such demand to the other party. Upon receipt of such demand, the Escrow Agency shall likewise notify the other party hereto, and disburse the Deposit to the demanding party, unless, within ten (10) days after its receipt of the demand, the Escrow Agent shall receive written notice from the other party disputing the disbursement ? -10- of the Deposit to the demanding party. If the parties cannot, within ten a reasonable time thereafter, agree as to the proper disbursement of the Deposit, the Escrow Agent shall inter-plead the Deposit in a Court of competent jurisdiction, and the reasonable attorney's fees and expenses of Escrow Agent, in connection with such interpleader, shall be payable out of the deposit and charged to the party which objected to the appropriate application (or directed an inappropriate application) of the Deposit, as finally determined by said Court of competent jurisdiction. Seller and Purchaser agree that the Escrow Agent shall not be liable to either of the parties hereto for the method of application of the Deposit, if Escrow Agent has complied with the terms of this Agreement, unless Escrow Agent has acted with negligence, bad faith or willful misconduct. Seller and Purchaser agree that Escrow Agent, by virtue of acting as Escrow Agent hereunder, shall not be disqualified form representing either party hereto, in connection with any dispute concerning this Agreement,. including, without limitation, any dispute relating to the Deposit. 9.13 Attorneys fees, Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the party prevailing shall be entitled to recovery from the other party all reasonable costs, charges and expenses, including, without limitation, attorneys fees, expended or incurred in connection therewith at trial or on appeal, as in the collection and/or enforcement of any judgment. IN WITNESS WHEREOF, the parties have executed this Contract for the Purchase and Sale of Real Property as of the .~ ~ day of (?.z~. ~. f, ~.J-~ . , 1999. Witnesses: Seller: I:~'i'nt Nan~e: - //'7) .' __ / J ,A/,j3/I'E S R. COLOSlMO, Trustee urfrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Florida Statue 689.071 Purchaser: Print N~me: Dennis · : . ' Jr. PnntName Harold J Haerln~ ,, WEST COA~T'~ MOTOP~YCLES, INC. (or HARLEY-OAyVlD~ON OF ~q,~PLI~,S INC.), or their By: ,/ --' _'',- - \ ~ . .. Print narrie:. Scott Fis"t:h~r ~ Its: President -11- ? JOINDER The below named Escrow Agent hereby joins in this Agreement for the purposes of (i) confirming its receipt of the Deposit (subject to collection); and (ii) acknowledging its agreement to the terms and provisions of the Agreement applicable to it. Thomas G. Eckerty, Esquire -12- CO LI .I'FR COUNTY SUPPORT SERVICEM DIVISION REAL PROPER1T MANAGEMENt DEPARTblENT July 20, 1999 Twin Eagles Brokerage, Inc. c/o Jim Hiironen 4099 Tamiami Trail No., Suite 305 Naples, Florida 34103 Re: 3301 E. TAMIAMI TRAIL NAPI F_~, FLORIDA 34112 (941) 774-8991 FAX: (941) 774-8876 CERTIFIED RETURN RECEIPT #Z 339 772 906 Pine Ridge Road Six-Laning Project Project: 60111; Parcel 119 Owner: James R. Colosimo, Trustee (Naples Gateway PUD) Dear Mr. Hiironen: In the very near future, Collier County will begin construction on the Pine Ridge Road six-laning project. In order to proceed with construction as planned, Collier County must acquire the necessary land interests across a portion of your client's property (see legal description and sketch of Project Parcel No. 119). An independent estimate (real estate appraisal) of the full compensation to which you are entitled in return for the grant of said property has been obtained by the County. This full compensation estimate for the required property is as follows: Fee Simple Interests Parcel No. 119 $104,100 Improvements $ 0 Temporary Driveway Restoration Easement $ 0 Total $104,100.00 Under Section 73.0511, Florida Statutes, Collier County is required to provide you with notice of land owner's rights as set forth in Section 73.091, F.S. A copy of this Section, therefore, has been enclosed with this letter for your review. Because we would like to proceed with these much needed traffic improvements as soon as possible, we would appreciate a response within :~0 days from your receipt of this letter. Approximately 30 days after the mailing of this final offer letter, Collier County will be initiating proceedings in the Circuit Court to acquire the necessary land interests for construction. Chapter 74, Florida Statutes ('Proceedings Supplemental to Emj_Dnent Page Domain"), describes the procedure by which the County may take title and possession of the property, in advance of a final judgment, upon the CoOnty's deposit into the registry of the circuit court of the appraiser's full compensation estimate. Quite naturally, Collier County would prefer to avoid condemnation if we can purchase the necessary property in time for us to meet our construction project schedule. Please advise me of your decision; and, if you have any questions or concerns, please contact me at (941) 774-8991 between, the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Thank you. Respectfully, Ernie W. Kerskie Real Property Specialist Real Property Management Department enclosures: Exhibit "A", F.S. 73.091, F.S. 73.0511 cc: James R. Colosimo, 4099 Tamiami Trail No., Naples, FL 34103 Certified Return Receipt #Z 339 772 908 DETAILED DESCRIPTION OF PROPOSED PUD LANGUAGE CHANGE The proposed amendment is a text change to Section 5.3 of the PUD Document to add as a permitted use, "new and used motorcycle sales and service and sales of related merchandise (SIC Group Code 5571 )". This use is similar in intensity to motor vehicle dealers and auto supply stores (SIC Group Codes 5511 and 5531) which were previously approved as uses in this PUD in October, 1997. The PUD amendment is sought because Harley Davidson of Naples, Inc., a contract purchaser of a portion of the PUD, seeks approval to construct a retail sales and service center for new and used Harley Davidson motorcycles and related Harley Davidson insignia merchandise and accessory items. G:\userskBETSY~WPg~HAKLEY DAVIDSON~PUD LANG CHANGE.wpd 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 GGE01 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES GATEWAY PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD (C.R. 896), EAST OF LIVINGSTON ROAD (C.R 881), IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.45 ACRES+; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-49, THE FORMER NAPLES GATEWAY PUD; AND BY PROVIDING AN' EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp, Vamadoe & Anderson, representing Harley Davidson of Naples, 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; SECTION ONE: The Zoning Classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 97-49, known as the Naples Gateway PUD, adopted on October 14, 1997 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- 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: TIMOTHY J. CONSTANTINE, CH.aXRMAN Marj~)ri~IM. Student' Assistant County Attorney g/admin/PUD-85-01 (2)/CB/ts -2- NAPLES GATEWAY PLANNED UNIT DEVELOPMENT Prepared for: Naples Gateway Land Trust Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Young, vanAssenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Ste. 300 Naples, FL 34108 HMA File No. 96.63 Revised FebruaD, 16, 2000 Exhibit A PUD-85-01(2) Date Review by CCPC: Date Approved by BCC: Ordinance No: Amendments & Repeal 85-29 97-49 TABLE OF CONTENTS Page SECTION I - Statement of Compliance SECTION II - Property Ownership, Legal Description and Short Title SECTION III - Statement of Intent and Project Description SECTION IV - General Development Regulations SECTION V - Permitted Uses & Dimensional Standards SECTION VI - Transportation Requirements SECTION VII - Utility and Engineering Requirements SECTION VIII - Water Management Requirements SECTION IX - Environmental Requirements 3 4 5 6 11 14 15 16 17 PUD Master Plan Masonry Wall Detail EXHIBITS I' SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE 2.1 2.2 2.3 PROPERTY OWNERSHIP The property is owned by the Naples Gateway Land Trust. LEGAL DESCRIPTION Tracts 29, 44 and 45 Golden Gate Estates Unit No. 35, as recorded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida, LESS road Right-of-Way described in OR 866, Pages 1663 & 1664 and OR 901, Pages 304 & 305 of the Public Records of Collier County, Florida, containing 13.45 net acres, more or less. SHORT TITLE This ordinance shall be known and cited as the "NAPLES GATEWAY PLANNED UNIT DEVELOPMENT." SECTION I STATEMENT OF COMPLIANCE The development of 13.45 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the NAPLES GATEWAY PUD will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. 1.2 Activity Centers are the preferred locations for the concentration of commercial uses and permit the full array of such uses. 1.3 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.4 The Project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 1.5 The Project contains a mix of commercial uses combined with architectural controls and extensive screening and buffering that are designed to make the Project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. 1.6 All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 3.4 INTRODUCTION The Developer's intent is to establish a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. It is the purpose of this document to set forth guidelines for future development of the project that meet accepted planning principles and practices, and to implement the Collier Countv Growth Management Plan. PROJECT DESCRIPTION The Project is comprised of 13.45 acres, more or less, and is located on the north side of Pine Ridge Road, approximately one-half mile to the east of Livingston Road. LAND USE PLAN The Project permits a range of commercial uses to meet neighborhood shopping needs as well as the motoring public traveling to and from 1-75. The PUD Master Plan depicts a wetland preserve area, internal circulation, open spaces, landscape buffer areas, and external access points. The PUD Master Plan is designed to be flexible inasmuch as the size and configuration of commercial areas will not be finally determined until subdivision approval is obtained. PROJECT PHASING The anticipated time for build-out of the entire project is six (6) years or by December 31, 2003. SECTION IV 4.1 4.2 4.3 GENERAL DEVELOPMENT REGULATIONS 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. GENERAL mo Regulations for development of the NAPLES GATEWAY PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan in effect at the time of issuance of anv development order to which said regulations relate which authorizes the construction of improvements, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan Approval, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to pPovide 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 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 NAPLES GATEWAY PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, other provisions of the Collier County Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan Approval, or building permit issuance applicable to this Development. SITE CLEARING AND DRAINAGE Cleating, grading and earthwork shall be in accordance with Section 3.2.8.3.6 of the Collier County Land Development Code, and site drainage work shall be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. ~ .......... 4.4 4.5 4.6 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, conservation areas, utilities and other purposes as may be required by Collier County and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. AMENDMENTS TO THE MASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, the configuration of lots, the location of the internal circulation system, and water management facilities, as long as the final design complies with all the applicable portions of the PUD Ordinance, and the building heights and setbacks are the same as depicted on the PUD Master Plan for the proposed planned commercial development. The Planning Services Director shall be authorized to approve minor changes and refinements to the NAPLES GATEWAY Master Plan upon written request of the Developer based on the above and the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. To reconfigure lakes, wetland preserve areas, ponds, or other water management facilities, where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of r/ghts-of-way. Reconfiguration of the development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this Ordinance are met. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A" of the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan pursuant to the requirements of Division 3.2 of the Collier County Land Development Code. The Site Development Plan for individual tracts shall be submitted and reviewed in accordance with all provisions of Division 3.3, Site Development Plans of the Collier County Land Development Code, unless otherwise provided for within this PUD, and prior to the issuance of a building permit or other required development orders. 4.7 4.8 4.9 4.10 4.11 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherxvise develop water bodies is hereby permitted. If, after consideration of 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 Section 3.5.5.1.3, Land Development Code, whereby off- site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Planning 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 provisions of Section 3.5, Land Development Code are applicable. SUNSET AND MONITORING PROVISIONS The NAPLES GATEWAY PUD shall be subject to Section 2.7.3.4, of the Collier County Land Development Code, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. POLLING PLACES Any community recreation/public building/public room located within the NAPLES GATEWAY 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 Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS The Project shall preserve native habitat, in accordance with the provisions of Section 3.9.5, Vegetation Removal. Protection, and Preservation Standards, of the Collier County Land Development Code. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a property owners' association. 4.12 4.13 (1) (2) (3) (4) ARCHITECTURAL STANDARDS All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar mater/als and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape mater/als shall also be similar in desi~tm throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on fiat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards, including any applicable requirements of Division 2.8 of the Collier County Land Development Code pertaining to architectural and site design guidelines that may be in effect. LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance with Division 2.4 of the Collier County Land Development Code, including the Ibllowing requirements: A twen .ty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A ten (10) foot wide T,vpe "A" Buffer shall be provided along the easterrffwestem PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the norlhem side of an eight (8) foot tall architecturally finished opaque masonry, wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD, as described in Section 4.12 of this PUD Document, and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southern side of the wall, there shall be planted at least forty-five (45) Red Maple trees, or similar species, that are at least eight (8) feet tall. A five (5) foot wide buffer along both sides of the internal roadway shall be provided with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (6) 4.14 4.15 4.16 4.17 Buffering between other internal parcels shall include a five (5) foot wide buffer along each parcel to be developed, with trees spaced a minimum of'twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. Required landscaping shall be maintained and, when it dies, such landscaping shall be replaced within ninety (90) days. SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.12 of this PUD Document. LIGHTING Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted on all lots fronting on Pine Ridge Road. Lampposts not exceeding a height of twelve (12) feet shall be permitted on lots abutting Livingston Woods Road. Lighting shall meet the architectural standards further described in Section 4.12 of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. SIGNS Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code except pole signs, as described in Section 2.5 shall not be permitted. Ground signs, as described in Section 2.5, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.12 of this PUD document. ARCHAEOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County Land Development Code. SECTION V PER31ITTED USES AND DIMENSIONAL STANDARDS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted commercial uses and development standards for areas within the NAPLES GATEWAY PUD designated on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION The land use acreage tabulations for the NAPLES GATEWAY are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for developmental and open space areas will be provided at the time of approval of the Preliminary, Subdivision Plat. 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: Amusements and recreation services, indoor (groups 7911 except discotheques, 7929, 7991). ' -: Apparel and accessory stores (groups 5611-5699). Automotive dealers (groups 5511 and 5531), new and used motorcycle sales and service and sales of related merchandise (groups 5571, 7699 motorcycle repair service). Automotive repair, services, parking, car washes (groups 7514, 7515, 7542 except truck and bus washing and only in enclosed structures, 7521 except tow-in parking lots). 5. Drinking places (group 5813) only in conjunction with eating places. Drug stores and proprietary stores ( group 5912). Eating establishments (group 5812). C - Z- Food stores (groups 5411 including supermarkets but not convenience stores, 5421, 5431 except roadside sales 5499). General merchandise stores (groups 5311-5399). 10. Health services (groups 8011-8049, 8082). 5.4 5.5 5.6 11. Home furniture, furnishing, and equipment stores (groups 5712-5736). 12. Hotels and motels (group 7011 ). · 13. Depository and nondepository credit institutions. (groups 6011-6099) 14. Professional offices, medical offices, and management consulting services (groups 8011, 8741-8748) 15. Personal services (groups 7215, 7217, 7219-7261 except crematories, 7291). 16. Real estate (group 6531). 17. Any other convenience commercial use which is compatible in nature xvith the foregoing uses, including buildings for retail, service and office purposes consistent with the intent and purpose of this PUD. USES ACCESSORY TO PERMITTED COMMERCIAL USES Uses and structures that are accessory and incidental to the uses permitted as of right in the NAPLES GATEWAY PUD. DISTANCE REQUIREMENTS FOR FAST FOOD RESTAURANTS Fast food restaurants are prohibited within three hundred (300) feet of Livingston Woods Lane. Loud speakers and public address systems are also prohibited. DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the NAPLES GATEWAY PUD. 1. Minimum Lot Area: Seventeen Thousand Five Hundred (17,500) Square Feet. 2. Minimum Lot Width: One Hundred (100) feet. 3. Minimum Yard Requirements: a. Front Yard: Twenty Five (25) feet. b. Side Yard: Fifteen (15) feet. c. Rear Yard: Fifteen (15) feet, however, one (1) story structures adjacent to Livingston Woods Lane are required to be set back a minimum of fifty (50) feet. Two (2) and three (3) story structures are required to be set back ninety (90) feet from Livingston Woods Lane. Three (3) stories not to exceed 35 feet. Maximum Height: o o 10. Minimum Floor Area of Structures: One Thousand (1000) square feet of gross floor area. ' Maximum Density: Twenty-six (26) units per acre for motels and hotels. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one-half the sum of their heights, whichever is greater. Merchandise storage and display. There shall be no outside storage or display of merchandise. Repair service doors for the motorcycle sales and service use shall not be permitted to face Livingston Woods Lane. SECTION VI TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the Project Developer. 6.1 The access points shown on the PUD Master Plan should be considered to be conceptual with respect to location along the Project's frontage. The final location of any access shall be determined at the Site Development Plan stage and shall be consistent with all County Ordinances and regulations then in effect. 6.2 Any median opening or traffic signal, existing or proposed, shall be subject to the requirements of Collier County Resolution 92-422, the Access Management Policy. 6.3 The Developer shall provide arterial level street lighting at each Project entrance onto Pine Ridge Road. Said improvement shall be in place prior to the issuance of any Certificates of Occupancy. 6.4 The internal roadway design shall not permit traffic flow from the commercial area onto Livingston Woods Lane. 6.5 The petitioner shall provide a future vehicular cross-access easement to the abutting parcel to the east, prior to Final Site Development Plan approval. This roadway easement shall be maintained and operated by the Developer or his designee. 6.6 Each access point shall have a separate westbound right turn lane if it is to function as an entrance point. An exit-only will not require a turn lane. A continuous right turn lane along the property frontage will not be permitted. 6.7 When requested by the County, and subject to the approval of a Developer's Contribution Agreement for road impact fee credits for the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the Developer shall dedicate up to twenty (20) feet of right-of-way along the north side of Pine Ridge Road for future roadway, bike path and drainage improvements. Such dedication shall not be deducted from the PUD property for purposes of determining yards, lot area or lot dimensions as provided in Section 2.1.13 of the Collier County Land Development Code. This dedication shall occur at the earlier of either the Developer's convenience or within one hundred and twenty (120) days of when requested by the County. 6.8 Pedestrian access shall be provided between all parcels and uses in the Development, at the time of Final Site Development Plan approval for each individual tract. 6.9 addition, site drainage shall not be permitted to discharge directly into any roadv drainage system. Substantial competent evidence shall be provided by the Developer to the effect that the Project is designed to provide capacity and treatment for historical roadway runoff. In SECTION VII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 7.1 UTILITIES mo Potable water xvill be supplied by the County water service system through an existing 12 inch main running east and west on the north side of Pine Ridge Road. All construction plans and technical specifications for the proposed Project shall be reviewed and approved by the Planning Department and Engineering Review Services staff prior to commencement of construction. On- site water mains shall be installed by the Developer at no cost to the County and shall be master metered. All on-site water mains shall be owned and maintained by the Developer, his assigns or heirs, Bo Connection to the County sewer system shall be to the County force main located on the south side of Pine Ridge Road, at no cost to the County. Sewage shall be pumped by an on-site station to the County system. All construction plans and technical specifications shall be approved by the Planning Department and Engineering Review Services staff, prior to construction. All on-site sewer facilities including pump station and force main up to the tie-in point, shall be owned and maintained by the Developer, his assigns or heirs. 7.2 ENGINEERING mo Detailed paving, ~ading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. Bo Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). Co The Developer, and all successors in interest to the Developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. SECTION VIII ' WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the Project Developer. 8.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance xvith the submitted plans is ~anted by Planning Services Director. 8.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County. Land Development Code. 8.3 Landscaping shall not be placed within the water management areas unless specifically permitted bv the Collier County Land Development Code. 8.4 An excavation permit shall be required for the proposed lake in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 8.5 The subject property is currently under common ownership with the adjacent property to the west. Under this circumstance, a water management system may be shared with property to the west and the cypress area within this system as generally depicted on the PUD Master Plan, shall be preserved and enhanced. Alternatively, water management areas may be configured along the northern edge of the planned development. SECTION IX EN'~qRONMENTAL REQUIREMENTS The purpose of this Section is to set forth the environmental requirements of the Project Developer. 9.1 The Project shall meet all pertinent 14 environmental related requirements of the Collier County Growth Management Plan, including the Coastal Zone and Conservation Management Element, in effect at the time that requests are made for Site Development Plan approval. 9.2 A wetland preserve area is depicted on the PUD Master Plan. This wetland is under common ownership with the adjacent property to the west. The Project's plan for development is to preserve this wetland area in its entirety and to enhance it with shared water management facilities between the two properties. 9.3 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. 9.4 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. 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. 9.5 An exotic vegetation removal, monitoring, and maintenance (exotic-fi'ee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 9.6 Proof of ownership for the adjoining property to the west shall be provided to Current Planning Staffprior to Final Site Plan approval. EXHIBIT "A" PUD MASTER PLAN dated 10/97 LAKE SI~ IN THIS PARCEL TO BE DE'I'E]q~NE9 AT DE:SIGN PHASE FOR TH~ PARCE:]- WATER U, ANA(;E],~ BERt,/ MAY BE [.I:)C.A'TE~ IN OFF~TE i PINE RIDGE 71S 101h Sated ~ I~ Itl... 34.102 -- PIMmo ~ (0.41) ~";7 EXHIBIT A PUD MASTIER PI ,.,14 EXHIBIT "B" MASONRY WALL DETAIL EXECUTIVE SUMMARY 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 THE HOSPITAL AND 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. 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, 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 the hospital and the medical center as permi'cted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maximum number of residential dwellings by 168 units from 273 units to 441 units. The PUD document also allows for an Assisted Living Facility as a conditional use within the residential tract. 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 9 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. The property owner shall initiate the IMP process bv meeting with Coun .ty planning st~f£ within 60 days of adoption and a finding of compliance bv DCA of the amendment that includes Activity Center #9. AG-~. ~ iTLM MAR 14 2000 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 (after trip adjustments) will result in an additional 1,268 Weekday trips and 215 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 not exceed the significance test standard (5 percent of the LOS "C" design volume) on Collier Boulevard (CR-951). In addition, the site-generated trips resulting from this amendment will not lower the level of service below acceptable standards. The current traffic count for the se~nent of CR-951 fronting the project is 33,375 and is operating at LOS "B". It should be noted that additional traffic circulation and/or roadway improvements could be required with the adoption of the Interchange Master Plan. 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 but at a density of 5.4 units per acre. This PUD was approved with a density bonus (for a total of 7 units per acre) since it is within a density band. The proposed Golden Gate Commerce Park amendment increases the project density to 9 units per acre. which ar~ 7 units per acre less than the maximum of 16 units per acre the site is eligible to receive within an Activity Center. 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 9 units per acre, which is less intensive than if a majority of 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,$00 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 fee! 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. 1 2000 The following impact fees will be applicable to the addition of 168 dwelling units to this project: Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet under roof $827 per unit $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 217 additional units, the total amount of residential impact fees collected at build-out will total $463,344. 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. The Commercial impact fees will be offset by the elimination of medical office uses. 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. u^p t ~ 2~gO pg. 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. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning and Engineering staffs have reviewed the petitioner's Environmental Impact Statement (ELS). 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 northern 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. 4 AGF_N~A iT~J,,4 PREPARED BY: LaY (~ELLOWS, PRINCIPAL PLANNER CURENT PLANN1NG SECTION RONALD FTNINO, AICP, MANAGER CURRENT PLANNING SECTION R(D~RE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPR~E~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 7... Z3-OO DATE DATE DATE DATE PUD-92-4 (1) EX SUMMARY/RVB/rb AGENDA !%EM 7-H TO: FROM: DATE: RE: AGENT/APPLICANT: .MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DECEMBER 6, 1999 PETITION NO: PUD-92-4 (1), GOLDEN GATE HEALTH PARK PUD Agent: Mr. Rich Yovanovich Goodlette, Coleman & Johnson 4001 9'~ 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 g9 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 fi'om the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate the medical office, hospital, and medical center as peu,dtted uses. They are also proposing b commercial retail and motel uses as a permitted commercial use while increasing the max.il mum 1 Pg. PUD MASTER PLAN number of residential units from 273 units to 450 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 umts 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 ElemeIil[; The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center g9 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 Growth Management (GIMP). This new Interchange Activity Canter will permit commercial and industrial land uses that ser~ 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 g9 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 g9 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 staffhas 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-. ~,,.~.~,~,~i~ not lower the level of service below acceptable standards.~! ,.;c~.._,ffi(t~_),~ ? 2 ~ pg,_ q 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: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological amfact 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 s~bjeet petition has been reviewed by the appmphate staffa-esponsible 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. 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 mason staff is of the opinion that the required f'mdings 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. 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 Vath 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 m this PUD are consistent with the LI)C. 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 W~th 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 and 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 tnps 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, staffis of the opinion that the project's 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 Development 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: R~WED, I~Y: R{~N~A~D'~15 .~AICP, MANAGER CUR~ PLANNING SECTION PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Staff Report for the January 6, 2000, CCPC meeting. COLLIER COUNTY PLANN~G COMMISSION: RUSSELL A. BUDD, CHAIRMAN RVB/rb/STAFF RI~RT/PUD-89-28 (2) APPLICATION FOR PUBLIC HEARING FOR: pljDg , .r-, Petition No.: Commission District: PUD REZONE :' '" ' .:~i Date Petition Receive~}-!~''~ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address City. Bonita Springs Applicant's Telephone # Name of Agent Bonita Bay Properties, Inc. 3451 Bonita Bay Blvd. 495-I000 Rich Yovanovich State FL Zip 34134 Fax# 498-1193 Firm Agent's Mailing Address City. Naples Agent's Telephone # 435-3535 Goodlette, Coleman & Johnson 4001 9* SL N. State FL Fax # Zip 435-1218 34102 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 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 See attached Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage ofimerest. 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 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or mast. Name and Address go Date subject property acquired [~] leased [~] Term of lease ~ yrs./mos. o If Petitioner has option to buy, indicate date of option: and 'date option terminates: , or anticipated closing date 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. De_tailed legal description of the prop~rt3' covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (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 correm 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: ° Size of propertw,: ft. x ft. = Total Sq. Ft. Acres 74.2 Address/llenerai location of subiect property: See Exhibit B - Location Map, included in the attached PUD document Adjacent zonin~ and land use: Zoning N RSF-3 W PUD Land Use Directly north of the property lies the Golden Gate canal and north of the canal lies a residential neighborhood of Golden Gate Cit'v. vacant agriculture Directly east of the property lies CR 951 and east of CR 951 the land is both vacamt and the site of the Collier CountW Water Treatment Plant vacant multifamily residential 7_. ~ ~, Does the owner of the subject property own property, contiguous to the subject property.? If so, give complete legal description of entire contiguous property.. (If space is inadequate, attach on separate p~e). 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 district(s) to the PUD zoning district(s). PUD zoning 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. Proi~osed use (or range of uses) of the property: The hatent 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. staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted 'below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 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 eapacily ~to serve the project shall be provided. o STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant: Mailing Address: City Bonita Springs State Address of Subject Property. (if available): Bonita Bay Properties, Inc. 3451 Bonita Bay Blvd., Suite 200 FL 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 cl~sposa] ~o 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 X 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) X Total population to be served: 2000 Peak and Average Daily Demands: A. Water - Peak 1,026,000 glxl B. Sewer - Peak 1026,000 ~ Average Daily 2650~ Average Daily 256,5000 gpd AFFIDAVlT I, David H. Graham, Vice President, being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that ali 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 know/edge 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 Proi~erty oWner / - Typed or Pdnted Name of O~vner 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. (Signature of Notary Publii'~-~ State of Florida) MICHAELE A. JONES ~'/ (Print, Type, or Stamp Name) DISCLOSURE OF INTEREST FORM FOil: BONITA BAY PROPERTIES, INC STRAP NO CASE NO. PUD 92-04(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 stock owned by each· If the property is owned by a CORPORATION, list the officer and stockholders ancl the percentage of · Name and Address Madtal Trust for the Benefit of Lois Shakadan Blackburn under the Will of David B. Shakanan %Edward G..Beimfohr 99 Park Avenue New York, New York 10015 Linda S, Lucas, Daughter 13141 Ponderosa Way Fort Myers, Flodda 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 Spdngs, FL 34134 Edmund W. Rodgers, Jr., Vice President 3330 Oak Hammock Court Bonita Springs, Flodda 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 Percentage of Stock 48% 26% 26% O% 0% O% 0% Gary Sandor, Vice President Sales & Commercial Development 3381 Oak Hammock Court. Bonita Spnngs, FL 34134 John Gleeson, Vice President 27240 Ridge Lake Court Bonita Spnngs, FL 34133 Ms. Susan Watts, Vice President 3981 Lakemont Ddve Bonita Spnngs, FL 34134 Ms. Sabra Spaugh, Vice President 3451 Bonita Bay Blvd, Suite 202 Bonita Spnngs, FL 34134 Mr Jim McGowan, Vice President 3451 Bonita Bay Blvd., Suite 202 Bonita Spnngs, FL 34134 Mr. Leonard B. Jaffe, Vice President 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 0% O% O% 0% 0% 0% o If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with ,oercantage of interest. N/A 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 If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Cor13oration, Trustee, or Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A (~. 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 The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. -Al~-~cant " -- - David H, Graham~ Vice President Pdnted or typed name of applicant STATE Of FLORIDA COUNTY OF LEE The foregoing instrument was acknowledgeO before me this 5 day of January, 2000, by David H. Graham who is personally known to me ana did not tai(e an oath. ~ MY COMMISSION # CC 752209 i1~.~ EXPIRES: September ~7, 2002 ~;ignature of Notary Publi~ MICHAELE A. JONE~ 3 ~ent ~y: ,';NES & ASSOCIATES~ ;NC,; 941 262 5791; Jan-6-O0 ~O:46AM; Page Vines & Associates inc m planning, land planning 800 hart)our drive naples flonda 34103 941.262.4184 fax 941.262.5791 To: Ray Bellows From: Bill Vines Date: 1-6-2000 Re: PUD-g2-04(1) W'd[iam R V~nes, president meml3er AICP p o 13ox 933 linvitle nort~ carolina 28646 704.898.9837 fax 704.898.9847 I was just advised of the referenced petition. As agent for the Citygate Commeme Park PUD/ORI, located across SR gS'l from the subject PUD, I am authorized to offer no objection to the requested PUD amendment, so long as the apparent increase in development intensity does not in any way adversely impact development of the Cttygate Commerce Park project, which is to begin in the very near future. Item IV.G. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT .'MEETING OF JANUARY 5, 2000.. II. III. IV. 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 Flonda, LTD WilsonMill~r, Inc. WilsonMiller, Inc. LOCATION: The subject property is aa undeveloped 74 acre parcel located on the west side of County Road 951 imm~iiat~ly south of the Golden Gate Canal and approximal~ly V2 mile north of the ham'state 1-75/County Road 951 inte~ection in Section 34, Town~hip 49 Sore& Rang~ 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped excq:n for those located north of the project site within Golden Gate City. ZONING DESCRIPTION N - RSF-3 Golden Gate Canal Golden Gate City S - Agricultural Undeveloped R.O.W. PUD (Citygate) Agricultural County Road 951 Undeveloped Water Treatment Plant Agricultural PUD (Magnolia Pond) PRO/ECTDESCRIFFION: Undeveloped Undeveloped EAC Meeting ..............................................................................................~'anuary 5, 2000 ?UD-92-0~t 1 ) Page 2 of 6 Ms 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 E,M~, 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 fi.om 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 umrs from 273 units to a50 dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: 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. This new Interchange Activity Center will permit commercial and indus'u/al 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 staffs review of the Future Land Use Element [FLUE) of the Growth Management Plan~ the proposed commercial uses and the residential den_ ~ity of 12 units per acre is consistent with the EAR Growth Management Plan 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 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 F1 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 Crate Canal. Water Management Disrnct 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 corner. Most of the northwestern section of the site is dominated bv herbaceous prairies. Pine flatwoods with a ~ammoid understorv comvose the central western portion of the site. Pine flatwoods with a palmetto understory are located along the eastern property boundary, and in the southwest corner of the property.. A small Melaleuca stand occurs in the southeastern portion of the site. According to the Collier County Sods Map, three soil types 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 Sev,'ice. Wetlands: The entire 74 acre property, is uplands. No South Florida Water Management District (SFWN~D)/ColIier County. jurisdictional wetlands occur on site. The SFWNU) has not yet performed a site visit for verification. The U.S..Army Corps of Engineers (USACOE) determined in 1995 that no jurisdictional wetlands occur on the site (Jurisdictional Determination No. 199131834 ?F-SB)). Preservation Requirements: The petitioner proposes the retain 25 percent of the viable naturally fi.mctioning native vegetation on site and/or to replant areas of landscaping and open space wi~ 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: ' ~_AC Me,ring .............................................................................................. ]anu. ary 5, 2000 ?L'D-92-04t 1 ) Pa~,e 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 _m-id 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 ~ecies observations. The surveys were conducted at various times on any given day. Surveys were conducted such that observations included time periods ranging from sunrise to sunset. In excess of 85 man-hours have been spent on-site in conducting the survey. Barring 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 low 70s to the low 90s (degrees Fahrenheit), with showe~rs occurring almost on a daily basis. When performing pedestrian 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 minks relatively free of vines or high understory brush to locate signs made by RCWs. When large md/or old slash pine trees were encountered, biologists would D-pically circle the tree while visually scanning for start holes, cavities, resin, wells, and/or RCW individuals. A tape comainmg RCW vocalizations was played at various locations throughout the site. No RCWs, cavity trees or starter 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 the 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 preserved on portions of the project site to which gopher tortoises can be relocated. EAC Meeting .............................................................................................. January. 5, 2000 PU'D-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 Management: That the petitioner obtain a South Florida Water Management District Surface Water Management Permit. Thru tht confi, gu~on of the north side eas~_~_emL ~ bu~_ff~ be re..~olved vnor to this Etoje~* b_gemg ~a.t._zo-4~~-' C.mmry Environmental: Amend the language in section 6.3(A)(2) of the PUD document as follows by adding the underlined language and deleting the :~a:k Water management ~ structure.5. 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 percent (18 acres) of the viable naturally functioning native vegetation on site shall be retaine<t. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open spare to be planted with 100 percent native species, to satisfy this requirement. EAC M~tmg .............................................................................................. 2anuary. 5.2000 ?LTD-92-04(1) Page 6 of 6 PREPARED BY: SENIOR ENGINEER DATE STEP~ LEN-BERGER ENVIRONMENTAL SPECIALIST DATE REVIEWED BY: PRINCIPAL PLANNER DATE THOMAS E. KUCK, P.E. .~EKING ] ~EVIEW MANAGER SL/gdh/c:Golden Gate Commerce Park Staff Report DATE DATE ORDINANCE NO. 2000-~ ORDINANCE .-%MENDING ORDINANCE Nq3MBER 91-102, THE COLLIER COb,'Nq'Y LAND DEVELOPMENT CODE. WI-UGH INCLL'E)ES THE COMPREHENSIVE ZONING REGULATIONS FOR THE U~riNCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONENG ATLAS MAP NUMBERED 9634N BY CHANGING THE ZONING CLASSI2qCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN .~S 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 742± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE .XR3MBER 92-82: .~qD BY PROVIDING .-~ EFFECTIVE DATE. C) WHEREAS, Rich Yovanovich of Goodlette. Coleman & Johnson. representing Bomta 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 O1r COLLAR COUNTY, lq~O'RlD~ that; SECTION ONE: The Zoning Classification of the herein described real property, located in Section 34, Township a9 South. Range 26 East. Collier Counw, Florida. is changed from 'pLrD" to "PUD" Planned Unit Devetopmem in accordance W~th the PUD Document. 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 amended accordingly. SECTION Two: Ordinance Number 92-82, known as the Golden Gate Health Park PUD, adopted on October 27, 1992 by the Board of Count3,. comrmssioners of Collier County, is hereby repealed in its en~ety. -i- SECTION TffREE: This Ordinance shall become effective upon filing with the D~artment of State. PASSED .&ND DULY ADOPTED by the Board of Cou~v,' cornrmssioners of Collier Counw, Florida this :iav of . ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL.'NTY. FLORIDA Approved as to Form ~nd Legai Sufficiencw BY: Timothy ' Constantine , CHAIP, BJ3%N .%~..orte M. Stucient Assistant County. Attorney -2- Revision date: 2J18/00 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT Approximately 74 Acres Section 34 Township 49 South, Range 26 East Collier County, Flodda Prepared for: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 Prepared By: WilsonM~ler, inc. 3200 Bailey Lane, Suite 200 Naples, Florida 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 TABLE OF CONTENTS Statement of Compliance Section I - Property Ownership and Legal Description Section !1 - Project Development Section III - Commercial District Section IV- Residential District Section V - Open Space District Section VI - Preservation District Section VII - Development Commitments Exhibit A - 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 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, Florida. 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 -10 9 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 is adopted and in effect. The project uses, development standards, access provisions, and all other development activities subject to the Interchange Master Plan must comply with the Interchange Master Plan as it is subsequently adopted. This may require the developer to amend the Golden Gate Commerce Park PUD in the future to comply with the adopted Interchange Master Plan. 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. 5. 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 operate within one year at an unacceptable level of service. 7. The Project is in compliance with the goals, objectives and policies of the Conservation and Coastal Management Element. 8. 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. 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. 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 Springs, FL 34134. Legal Description The subject property is described as follows: Legal Description as furnished (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, run 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 of 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. 1.4 1.5 1-2 General Description of Property Area The general location of the subject property is as follows: 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 prairie and herbaceous praide. C. The zoning classification prior 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." 2.1 2.2 2.3 2-1 SECTION II PROJECT DEVELOPMENT Purpose The purpose of this section is to delineate and generally describe the plan of development, and its relationship to applicable Collier County ordinances. 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, and hotel. 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. Compliance with Applicable Ordinances 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 (LOC), 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 rights and development conditions contained in this document ~/Vhere this document fails to provide development standards, the provisions of the most similar distdct in the Land Development Code shall apply. Bo 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. Do 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. 2-2 2.4 2.5 2.6 2.7 Subdivision Approval The review and approval of all subdivisions within the Project shall follow the design and development standards and review procedures in Article 3 of the Land Development Code in effect at the time of development approval. The developer reserves the right 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 pdvate, depending on location, capacity, and design. The determination as to whether a road shall be public or private 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 w'ffh the appiicable provisions of County Code regulating subdivJsions~ unless otherwise approved as an exception during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the Land Development Code. Project Density The total acreage of the Golden Gate Commerce Park is approximately 74+ acres. The residential uses currently occupy approximately 49 acres and are designated as 'R' on the PUD Master Plan, Exhibit A. 'Residential uses will not exceed 40 _9 units per acre. The maximum number of units will be 441 based on the current 49 acre parcel. However, the residential acreage may increase through final design of the proiect; therefore, the maximum number of units may increase by 9 units per acre. Site Clearing 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. 2-3 2.8 2.9 2.10 Easements for Utilities All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 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 Florida Administrative Code. 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 2.12 2.13 2.14 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. 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 prior to any installations. Pollin,q Places Polling places shall be provided, in accordance with Article 3, Division 3.2, 3.2.8.3.14, of the Collier County Land Development Code. Se~:tion PUD Monitodn,q 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 2.16 2.17 2.18 Agency Jurisdiction The Applicant has conducted site inspections with the U.S. Army Corps of Engineers, and they have confirmed that the site contains no wetlands under their jurisdictions. 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. The Golden Gate Commerce Park property owner, or an appropriate homeowners' or property owners' association, will be responsible for the maintenance of all residential common area improvements, including landscaping, parking areas, and associated amenities, into perpetuity. Sionaae 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, including Section 4.7, Development Standards for the Residential District. 3.1 3.2 3.3 3-1 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 Retail commercial with a maximum of 240,000 square feet floor area, and office commercial with a maximum of 30,000 square feet floor area; or a hotel at 26 units per acre with a maximum of 150 rooms, 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: 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). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. 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). 9. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). 10. Depository Institutions (Groups 6011-6099). 11. Eating and Drinking Places (Groups 5812-5813). .-,. 3-2 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 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 marine 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 Carriers (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). Nondepository Credit Institutions (Groups 6111-6163). 3.4 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 3-3 Paint, Glass and Wallpaper Stores (Group 5231). Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). Social Services (Groups 8322, 8351 and 8351). United States Postal Service (Group 4311, except major distribution center). Veterinary Services (Groups 0742, 0752, excluding outside kenneling). Video Tape Rental (Group 7841). Warehousing and Storage (Group 4225). 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. 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. 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 ddge of gable, hip and gambrel roofs. Where 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. 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. VVhen the land uses are of equal intensity, each parcel shall be required to provide the minimum buffer. External: The minimum buffer between the commercial use and the adjacent residential use to the north shall be twenty-five (25) feet. The buffer shall be 75% opaque at planting. A wall or fence may be used in conjunction with landscaping to achieve the required opacity. 2. Internal: ao Minimum buffer between internal commercial parcels shall be five (5) feet. Minimum buffer between internal commercial parcels and internal rights-of-way shall be ten (10) feet. G. The area designated on the Master Plan as C-1 shall have the following restrictions: 1. No 24 hour uses 2. No retail buildings Lighting shall be designed so as to prevent direct glare, light spillage or other interference with adjacent residential properties. The maximum height of lights shall be thirty (30) feet. H. The area designated on the Master Plan as C-2 shall have the following restrictions: 1. No retail buildings 3-$ Lighting shall be designed so as to prevent direct glare, light spillage or other interference with adjacent residential properties. The maximum height of lights shall be thirty (30) feet. .--- 4-] 4.1 4.2 4.3 4.4 4.5 Ao 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". General Description The areas designated as ~R" on the Master Land Use Plan are designed to accommodate residential dwelling units. Maximum Dwelling Units Residential density shall not exceed 40 9 units per acre. 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. Model Homes (in accordance with Section 2.6.33, Land Development Code.) F. 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. Uses Accessory to Permitted Uses Customary accessory uses or structures. Recreational facilities, including golf course, club house, tennis facilities, and swimming pools, that serve as an integral part of the development. Child care center Non-commercial boat launch facilities; Commercial Earthmining in accordance with Section 7.2 of this document. 4.6 4.7 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. Conditional Uses Assisted Living Facilities (in accordance with LDC Section 2.6.26.). If the ^LF is approved through the conditional use process, there will be a commensurate decrease in the number of residential dwelling units. Development Standards A. Development standards for Residential units are set forth in Table I. B. Multi-family residential units shall have a tile roof and two or more roof planes. 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 1 apply only to principal structures. 4-3 TABLE 1 DEVELOPMENT STANDARDS RESIDENTIAL DISTRICT PERMITTED USES SINGLE PATIO & DUPLEX & STANDARDS FAMILY ZERO LOT TOWN- MULTIFAMILY DETACHED LINE HOUSES Minimum Lot Area 6000 SF 4500 SF 3000 SF*4 N/A Minimum Lot Width*5 60 45 30 N/A Front Yard Setback - 20 20*3 12/20'3 20 Principa~ & Accessory Side Yard Setback - Principal 7.5 0*6 0 or 7.5 .5 BH & Accessory Rear Yard Setback - Principal 5 5 5 10 Rear Yard Setback*l - 0 0 0 0 Accessory Maximum Building Height*2 35 35 35 50*7 Distance between Principal 15 10 0 or 15 15 or .5 SBH Structures BPi: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of detemnining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Serv!__ce~_ Department during An application for a building permit. For all patio orzero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exflfibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. 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. 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). '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 maintai~ 4-4 *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 adjacent to the northern property boundary shall exceed two (2) stories. 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 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. B. Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage. C. Water management facilities and lakes, as approved by the South Florida Water Management District (SFWMD), roadway crossings and utility crossings. D. Recreational shelters and restrooms, lighting and signage. E. 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. B. 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 prior to the commencement of any such activity. C. Setbacks and other development standards for structures shall be in accordance with the PUD district 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 Master 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 structures. 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 A. 7.2 SECTION VII DEVELOPMENT COMMITMENTS Water ManaRement Should the South Flodda Water Management District, or any other agency, dudng it's review process cause changes to be made to the site plan or drainage facilities, Engineering Review Services shall reserve the right to re-review the project and have it brought before the Environmental Advisory Council. A twenty (20) foot maintenance easement/landscape buffer shall be provided to Collier County and the SFWMD Big Cypress Basin along the entire length of the Project's northern property line. The maintenance easement/landscape buffer shall accommodate a ten (10)foot 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 SFWMD 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 twenty (20) foot maintenance easement shall be provided around the lakes of the projec.,t, as required by SFWMD. A thirty six (36) foot wide drainage easement shall be provided along the length of the western property boundary with an adjacent and abutting fifteen (15) foot travelway/maintenance easement in order to maintain and rehabilitate the existing drainage easement. Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is 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 material then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. All other provisions of said Division 3.5 are applicable. 7-2 7.3 7.4 Environmental In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (25%) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planed with 100 percent native species to satisfy this requirement. The approximate limits of ground water protection zone W-4 shall be delineated on the final plat. Prior 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 Ao 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 arterial 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 (12) foot minimum turn lanes shall be provided at all access points in accordance with Collier County Public R;ght-of-Way Manual and Ordinance 93- 64. Compensating right-of-way for turn 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 road impact fee credit to the applicant. Payment of road 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. As iljustrated on the PUD Master Plan, the developer shall provide for the . opportunity for a roadway connection to Access Road No. 2. 7-3 7.5 All future transportation infrastructure improvements shall be consistent with the Activity Center ~ Interchange Master Plan. This includes adopted access management standards/guidelines, transportation system management (TSM) and transportation demand management (TDM) strategies. Utilities 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 intedm water supply and on- site treatment facilities and/or intedm 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, prior 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 District servicing the project area. Do 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 rights-of-way. The force main must be extended from the western fight-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. 7-4 Off-Site Utilities Improvements: 1. Water The existing off-site water facilities of the Department must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the county's Water Master Plan to insure that the Department's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the Department's existing committed capacity. 2. 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. L PUD MASTER PI_AN Cml:E. BOULEVARD L_JIGR£EN BOULEVARD GREEN BgVD PU~ I 4[ CENTER I I [ 20~ A~NUE S.W. ~11 I UNIT 30 ~~ ~N/~ ~ ~ 27~ ,~U[ S.W. L~A~ SHERW )OD ~ ~ ~INOUSTRIAL P~K 36-4g 26 P~K ~ ~_~ ~ - ~ ~ ISLES ~ z < I / ~C~LM~ ~ P~ZA ~ ~ ~ ISLES COUNTRY- < = ~ELVE , // OLDS / TOLL J EMBASSY ~ I : / ~ J 0~-50-26 R.V. )0,I-W~b~' ~ W I ~q OD ~ WESTPORT ~KE J o5-5 -2~ ~ ES TE ~ //, COMMERCE ~PLES GOLF m-so-26 i ~ i / CENTEN ESTATES / k ~ I 'S.R. B4~ J LSHOPP~ i kT / J ~ -VICTORI~LNDG 'J I SANTA BAE BARA -- NAPLES H~ITACE 0 PR~~ ' GOLf CLUB ~ so 2~ ~2-~o-=~ 10-50-26 ~ Z WATERFORD j 4_~_~6 m ~ IIERA ~ ~ ' ESTATES TATES ~ ~ ~OYAL WOOD~ -HUntinGTON ME HOg ST .... J~ Z G~C CLUB WOuu~ ~s-so-~s CHURCH . ~ y tm g ~LEL J ~°~°"~ ~ c~ ~s PROdECT: GOLDEN GATE COMMERCE PARK LOCATION MAP-EXHIBIT CLIENT: SWF PROPERTIES OF SOUTHWEST FLORIDA, LTD. jj - ~ 1"=1000' WilsonMiller, Inc. ~ro~ect ~o { ,.g~ ~o: N0456-004 -00 A-0456-04 Na~s - F~ ~ · ~ta · ~a~t~ -T~a DRWN BY/cup no SHEET xO4360405.dwo ~ ~ ,., EXECUTIVE SUMMARY PETITION PUD.98-20, WILLIAM L. HOOVER, AICP, REPRESENTING GULF SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, ON PROPERTY LOCATED APPROXIMATELY :A MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85 + ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to "PUD" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 518 multifamily and/or single family dwelling units on 76.85 acres. CONSIDERATIONS: The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) via Whippoorwill Lane a local road. An 11.42 acre parcel (Parcel "B") extends into the Activity Center and is between 1-75 and the Seagate Baptist Church property, and borders the south side of the Best Western Hotel. The remaining 65.43 acres of the proposed PUD extend southward and are bordered on the wes! and south sides by low-density single-family developmem and some vacant properties which are zoned "RMF-6", "RSF-5", and "A" Rural Agricultural, respectively. The existing residential properties located to the west across Whippoorwill Lane and directly to the south have developed at densities of four to five dwelling units per acre. Whippoorwill Woods PUD, located less than ~A mile to the south, was approved for 5.51 dwelling units per acre in 1998. No other development has been approved or has taken place in this area. Maximum eligible residential densities in the Activity Center and the Activity Center Density Band are determined through the Density Rating System provided in the Growth Management Plan (GMP). The 11.4-acre Parcel "B" qualifies for up to 16 units per acre because it is located in the Activity Center. The remaining 65.43 acres (Parcels A,C, & D) of the PUD qualify for up to 7.0 dwelling units per acre because they lie within the Activity Center Density Band. The applicant proposes a maximum of 518 dwelling units for an overall density of 6.74 dwelling units per acre. The Parcels "A", "C", and "D" will be limited to a maximum of 6.0 dwelling units per acre to provide a transitional land use density through the project. 2000 A maximum of up to 16 dwelling units per acre will be allowed i~ Parcel "B" which is located in the Activity Center; however, the petitioner has indicated that Parcel "B" will likely be developed at a maximum of 10 dwelling units per acre. The proposed densities are within the range allowed by the Density Rating System. Rezone Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report). Although Rezone and PUD Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC, those findings only support the proposed rezoning inasmuch as it was a singular development in a slowly developing area. Since the findings by the Planning Commission, six additional PUDs were proposed which affect transportation and drainage along the Whippoorwill Lane corridor and the future Livingston Road. Staff has revisited this proposal and finds that while the proposed PUD by itself may not cause any level of service to be exceeded, the total impacts of the combined proposed seven PUDs will cause a degradation of service, increase trip lengths for residents, and will impact the surrounding road network and intersections at Pine Ridge Road. While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Lane with a proposed east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction on the arterial road system equates with lessening the burden on the arterial road system. Regardless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development even though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road. This is particularly true in light of the fact that, at the onset, all traffic will have access to Pine Ridge Road because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed until at least December 2001. Nevertheless, these conditions are specifically allowed to exist under policies in the Growth Management Plan. That is not to say that projects could not be phased to minimize these impacts; however, this intersection is expected to function at an acceptable LOS until the planned improvements to Pine Ridge Road are completed if one considers only traffic from the proposed PUD and the recently approved Whippoorwill Woods PUD. Furthermore, an overly restrictive phasing plan could be argued to be a de ...... facto moratorium that, under the regulatory structure of the GMP, is not authorized. This problem is compounded by the fact that one project (Whippoorwill Woods) is already approved with 462 dwelling units. To place the burden of minimizing the impact to the intersection on the remaining projects may be unreasonable when recognizing that this may rise to a de facto moratorium without a legal basis for one. It is, therefore, staff's recommendation to attach certain stipulations as outlined in the Executive Summary presented to the Board of County Commissioners on January 11, 2000, and which was supported by the Board (see attached Executive Summary). These stipulations are listed in the Planning Services Staff Recommendations at the end of this Executive Summary. PROS/CONS: Pros (i) The subject petition appears to be consistent with the locational criteria for residential development as it applies to the County's Growth Management Plan. (ii) The PUD development plan will provide for transitional density to make it more compatible with neighboring development. (iii) Roads and utilities will be extended along Whippoorwill Lane at the owners expense. Cons (i) The combined development of the area will cause levels of services to be exceeded and will likely degrade service on the surrounding road network (see attached Executive Summary which was presented to the BCC on January 11, 2000). (ii) Some residents may find that any increase in residential development will bring increased inconveniences such as traffic. (iii)Alternative access to the proposed Livingston Road is needed. This can be provided by constructing an east-west connector road at the southern terminus of Whippoorwill Lane, which will be constructed per a fair share contribution by all of the development receiving a direct benefit, including Whippoorwill Lakes PUD. FISCAL IMPACT: Whippoorwill Lakes PUD will likely be a multi-family residential project. Based upon authorized uses and planned intensity of development, the following revenue is estimated at build out. Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: $578.00 per unit x 518 du's = $180.52 per unit x 518 du's = $0.15 per Sq. Ft. of bldg. area @ 1,200 SF x 518 x 0.15 = $1,778.00 per unit x 518 du's = $1,825.00 per unit x 518 du's = $ 299,404.00 93,509.36 93,240.00 921,004.00 945,350.00 AGENQ, A I ~',,, No. If-/ Pg. Radon Impact Fee: EMS Impact Fee: Correction. Fac. Imp.: Bldg. Code Adm.: Micro Film Surcharge: $.005 per Sq. Ft. of bldg. area ' @ .005 x 518 x 1,200 = $14.00 per unit x 518 = 117.98 per dwelling unit = $0.005 per Sq. Ft. of bldg. area @ .005 x 3000 x 518 = $2.00 per unit x 518 = TOTAL IMPACT FEES 3,108.00 7,252.00 61,113.64 7,770.00 2,072.00 $ 2,433,822.90 The average size of most of the proposed dwelling units will be 1,100 - 1,200 square feet. This project will provide 518 dwelling units of this size or less; therefore, the estimated total amount of impact fees collected at build out will total $ 2,433,822.90+. 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 Whippoorwill Lakes PUD will not cause County LOS to be exceeded. AGENDA.ITEM,, 1 ti Pg. ~'~ _ This rezoning by and of itself will have little or no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The northernmost portion of the proposed PUD is Parcel "B", an 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The Activity Center allows a density of up to 16 dwelling units per acre based on proximity to the major intersection that it surrounds and the compatibility of the surrounding land uses. The remaining 65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dwelling units per acre. Parcels "A", "C", and "D" of the proposed PUD are located within the Residential Density Band qualifying the southern portion of the PUD for up to seven (7) total dwelling units per acre if deemed compatible with surrounding land uses. The applicant proposes a density of 6.74 dwelling units per acre with a maximum 518 total dwelling units. This is less than the possible 8.33 dwelling units per acre and 640 total dwelling units allowed by the Density Rating System and which is calculated as follows: Parcels "A", "C", and "D" Base Density Activity Center Density Band Maximum Permitted Density 4 du's/acre +3 du's/acre = 7 du's Maximum Number du's @ 65.43 acres x 7 du's per acre 458 du's maximum Parcel "B" Activity Center Maximum Number du's @ = 16 du's/acre 11.42 acres x 16 du's/acre = 182 du's maximum Total Maximum Density Allowable = Total Maximum Density Proposed = 640 du's/76.85 acres = 8.33 du's per acre 518 du's/76.85 acres = 6.74 du's per acre The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Transportation Element . The Traffic Impact Statement estimates that the 518 units (reduced to 518 du's) will generate an average of 3,239 Weekday Daily Trips. The PM peak hour trips are estimated at 299 trips. Based on this analysis, Staff estimates the site generated traffic from the proposed change will not exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the project trips for this one proposed development will not lower the level of service below the adopted LOS "E" standard. Therefore the project by itself would be considered consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE), especially with the planned increase from four lanes to six lanes for CR-896. Nevertheless, the combined impact of the recently submitted PUDs in this area would cause some impact. Therefore, it is important to develop an integrated and planned road network in order to lessen degradation of services in this area and to provide alternative access for future residents along Whippoorwill Lane. It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements are not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build-out of this project. Also, an intersection analysis of CR- 896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; therefore, the project complies with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional project on Whippoorwill Lane that in combination with this project and the five other proposed PUDs would cause the 5 percent LOS "C" significance test to be exceeded and would lower the LOS on CR-896 even more. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. WHIPPOORWILL LANE COORDINATED MASTER PLAN CONSIDERATIONS: This plan is necessary due to the number of PUD applications recently submitted for the Whippoorwill Lane and Livingston Road area, and their potential for degrading future ......A~EN DA_IT. EM. 33 levels of service. On September 14, 1999, Staff asked the Board for time, prior to considering any approval of development orders in the above mentioned area, in order to direct a coordinated effort between area property owners and County Staff. The proposed Coordinated Master Plan addresses the concerns of adequate access for all area properties, proposes an alternative road access to help minimize potential level of service impacts to both Pine Ridge Road and the future Livingston Road, and addresses concerns regarding the ability of the Kensington Lakes Drainage Canal to adequately handle drainage produced by area development projects and the County's Livingston Road project. Staff also proposes that certain stipulations be made, which would be made common to each rezoning approval in the Whippoorwill Lane Coordinated Plan area. These stipulations will require adequate right-of-way be dedicated to the County, that drainage problems are addressed and related facilities are under control of the County, an area- wide sewer and potable water system is designed and implemented, and a Whippoorwill Lane East-West Connector is constructed. Costs of such improvements will be distributed among all property owners receiving direct benefits. The stipulations were listed in the Executive Summary presented to and supported by the Board of County Commissioners on January 11, 2000 (see attached Executive Summary and the stipulations in the following Planning Services Staff Recommendation section of this report). PLANNING SERVICES STAFF RECOMMENDATION: Staff has reviewed the petition and found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code as stated in Staff's Report to the Collier County Planning Commission (attached); therefore, Staff recommends approval of PUD-98-20, The Whippoorwill Lakes PUD Document and Master Plan, with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: The petitioner shall dedicate a 40-foot-wide strip of land along the project's western property boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code or prior to constructions plan and plat approval, whichever occurs first. Pursuant to Section 2.2.20.3.7. of the Land Development Code, the value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of- way shall be borne on a proportionate basis established on a land area square footage contribution by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. No.- MAR 1 2000 Prior to application for Preliminary Subdivision Plat approval; the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County. In the DCA, it will be agreed to and determined that any short fall between impact fees and the actual cost of constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis or by other methodology determined by Collier County and agreed to by affected property owners. This requirement shall apply to all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Collier County agrees to amend the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. o Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Should it become necessary to acquire land or construct facilities that are in excess of the drainage requirements of any particular development, then the costs for those added requirements will be proportionately shared by benefiting property owners. Said costs and pro rata share shall be determined by and payable to Collier County prior to the issuance of any building permits to a benefiting property owner. Said costs with area-wide benefit incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement. A sanitary sewer collection system and potable water supply distribution system shall be designed to incorporate area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Said pro rata costs shall be determined by and made payable to Collier County prior to the issuance of any building permits for a benefiting property. Said costs with area-wide benefits incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any collector or arterial road and must be a minimum of 100 feet from a public right-of-way. Section 3.7 of the PUD document shall be revised to reflect the above stipulation. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC voted unanimously (7-0) to recommend approval of PUD-98-20 on June 9, 1999, with stipulations that were incorporated into the PUD Document. "- ' .~NQA ..I..T.EJ~,.~ No. / PLANNING COMMISSION RECOMMENDATION: At the July 15, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-98-20 to the Board of County Commissioners. AGENb-A MAR ! 4 ~000 PREPARED BY: /'IEWED BY: ~NT PLANNING MANAGER RoBeRT J. ~HERE, AICP, PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition PUD-98-20, Whippoorwill Lakes PUD. Continued to the February 22, 2000 BCC Meeting. AGENDA ITEM 7-I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JUNE 16, 1999 PETITION PUD-98-20, WHIPPOORWILL LAKES PUD OWNER/AGENT: Agent: Mr. William L. Hoover, AICP Hoover Planning 3785 Airport-Pulling Road, Suite B Naples, Florida 34105 Owner: Mark Bates, President Gulf Sun Corporation 533 Turtle Hatch Lane Naples, Florida 34103 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed-use residential development. GEOGRAPHIC LOCATION: The property is located ¼ mile south of Pine Ridge Road (CR-896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: When completed, the project master plan will provide a singular development that will encompass approximately 76.85+ acres of land to be developed with a mixed residential land use strategy in the PUD Document. If approved, the development plan will include the following: A total of 628 dwelling units with a density of 8.17 units per acre, which the applicant estimates is consistent with the maximum density permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). .---~"=--'"-~ I i I uJ i 2. Open space that includes a 14.7 acre preservation area, 16.1 acres of a lake, and landscaping and buffering equaling 72 percent open space and exceeding the minimum 60 percent required for PUDs. , 3. Common access for recreation use of the preservation area and lake. 4. Four development tracts (Parcels "A"-"D"). 5. A gate house. 6. Access from Pine Ridge Road via Whippoorwill Lane. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: North- To the north lies the Seagate Baptist Church and the Sutherland Center Commercial PUD. Both are within the Activity Center which contains a motel, fast food restaurant, a convenience store, and a service station. East - To the east lies the Interstate 75 right-of-way and drainage canal. South - Two single family homes abut the proposed PUD on the south side. Properties located farther to the south are mostly undeveloped and designated "A" Rural Agricultural. The Whippoorwill Woods PUD, approved in 1998, lies approximately 660 feet south and was approved for mixed housing with a density not to exceed 5.51 dwelling units per acre. West- A six-bed hospice is located across Whippoorwill Lane from the northwest comer of the proposed PUD. The tmderlying zoning for the property is KMF- 6 which allows no more than six units per acre. Running southward from the hospice are properties zoned "A" Rural Agricultural and "RSF-5" Residential Single Family with a maximum density of four (4) dwelling units per acre. These properties contain four (4) existing single family homes. GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Furore Land Use Map (FLUE) of the Growth Management Plan (GMP). This designation provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located partially within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center with the remainder of the PUD lying within the Residential Density Band that provides for an additional three (3) dwelling units per acre. The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Element and Densi _ty - The northernmost portion of the proposed PUD is Parcel "B". 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Cent! Activity Center allows a density of up to 16 dwelling units per acre based on proximity to the intersection that it surrounds and the compatibility of the surrounding land uses. The rerr a~rnng MAR 1 65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dwelling units per acre. Parcels "A", "C", and "D" of the proposed PUD are located within the Residential Density Band qualifying the southern portion of the PUD for up to seven (7) total dwelling units per acre if compatible with surrotmding land uses. The applicant proposes a density of 8.17 dwelling units per acre based on a possible 640 dwelling units determined as follows: Parcels "A", "C", and "D" Base Density Activity Center Density Band Maximum Permitted Density 4 du's/acre +3 du's/acre = 7 du's 65.43 acres x 7 du's per acre = 458 du's maximum Parcel "B" Activity Center = 16 du's/acre 11.42 acres x 16 du's/acre = 182 du's maximum Total Maximum Density Allowable = 640 du's/76.85 acres = 8.33 du's per acre The requested density is consistent with the proviSions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis {Attachments "A" and "B"). Traffic Circulation Element - The Traffic Impact Statement estimates that the 628 MF units will generate an average of 3,898 Weekday Daily Trips more than the currently approved Club Estates PUD. The peak hour trips are estimated at 385 trips. Based on tiffs analysis, Staff estimates the site generated traffic from the proposed change will exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the project trips will not lower the level of service below the adopted LOS "E" standard. Therefore the project will be consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements are not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build- out of this project. Also, an intersection analysis of CR-896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; therefore, the project would comply with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional project, which in combination with this project would exceed the 5 percent LOS "C" significance test and would lower the LOS on CR-896 even more. Furthermore, the Pet Ranch Road fight of way is proposed to be vacated. The applicant also p[op~5~S' .,, _ ~ . ._. vacating Nighthawk Drive, which provides access to the property abutting this PUD on its so~h side; thus reducing any future interconnections to development to the south. The loss of intercon~.~ ect~'6:n-'°['°'/'~ between the PUD and future development to the south is not consistent with Policy 9.3 of the TCE. In addition, the FLUE Density Rating System of the GMP requires subtracting one (1) dwelling unit from the project for lack of interconnection of local streets. ' Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 55.4 acres (72 percent) of the gross acreage and including land set aside for: preservation (14.7 acres); landscaping (24.6 acres); and a lake (16.1 acres). As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above prescribed course of action should make this petition consistent with this element of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, no Historical/Archaeological Survey and Assessment are required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concem. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was reviewed by the Environmental Advisory Board (EAB) and was recommended with minor stipulations that were incorporated into the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are comp,~d z.~~ separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". - In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the ,community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. Compatibility - The subject property is located within the Urban Mixed Use - Urban Residential Subdistrict as identified on the Future Land Use Map of the GMP. The site is located contiguous to the west alignment of 1-75 south of the Pine Ridge Activity Center and east of the Whippoorwill Lane southern terminus. The applicant proposes a multifamily development on four parcels of the proposed PUD. Those parcels are designated as Parcels "A" through "D". Parcel "B", is 11.42-acres in size and is located just south of the Best Western Hotel located in the Sutherland Center PUD. Both the hotel and Parcel "B" are located within the Pine Ridge Activity Center, which allows for higher density residential development up to 16 dwelling units per acre. Parcel "B" also abuts a church property located on its western boundary, and the northern boundary of Parcel "A". The church property is mostly undeveloped with the church being located in the northwestern one-quarter of the property and, in effect, creates a buffer or transition between the commercial properties located to its north and Parcels "A" and "B" of the proposed PUD. Parcels "A" and "D" are located near lower density residential uses located on the west side of Whippoorwill Lane. Those properties contain four single family homes with the exception of a hospice located near the northwest comer of Parcel "A". The single family homes are considered lower density residential with lot sizes ranging from one-quarter acre to one-half acre in size. The smaller lots are zoned RSF-5 with a maximum density of four (4) dwelling units per acre. The remaining parcels located to the west and south of Parcel "A" are zoned Rural Agricultural and are mostly undeveloped at this time, except for two large lots with existing single family homes located on the south side of the PUD. Also, located approximately 660 feet south of the proposed PUD is Whippoorwill Woods PUD, which was approved for mixed residential uses with 5.51 dwelling units per acre in 1998. In addition, the owner of the Whippoorwill Lakes property has recently submitted another application for a multifamily PUD that will lie between the Whippoorwill Lakes and Whippoorwill Woods PUDs. The owner is requesting to develop that PUD with a maximum allowable 210 dwelling units. Given the contiguous relationship of the subject property to a commercial use (i.e., hotel) and a church, and considering the impact of Interstate 75, a higher density residential development is · justified. This is moreover supported by the density strategy inherent in the density rating syste~!a~_.~ acknowledges higher densities as related to location within an activity center (i.e., 16 du's/acr~ density band (i.e., 7 du's/acre). The question we need to answer is, what is the desirable tran ;ition~°'~ density? The PUD to the south (Whippoorwill Woods) is approved for 5.51 dwelling units per acre. Most likely, the land area to the west of Whippoorwill Lane will be limited to three (3) dwelling units per acre because, for the most part, only the base density from the density Rating System applies to this land area. Amendments to the GMP, although not officially adopted, are nevertheless for all practical purposes now in effect and would limit the density of this project to five (5) dwelling units per acre assuming the proposed reduction of the base density to two (2) dwelling units per acre can be increased to three (3) dwelling units per acre based on design and highway relationships. Because the density of the Whippoorwill Woods PUD is now approved for 5.51 dwelling units per acre, it would not be equitable to require a lesser density in an area that is supposed to be a transition between higher density and intensity to an area of. lower density and intensity; therefore, Staff recommends a density of six (6) dwelling units per acre and asserts that this would be more compatible with the type of surrounding development and the density/intensity characteristics. Traffic - The primary vehicular access point will be from the southward extension of Whippoorwill Lane. Whippoorwill Lane intersects with Pine Ridge Road (CR-896) within the Pine Ridges Highway Interchange Activity Center. The access road should operate with an acceptable level of safety and is subject to the Access Management Plan. The increased traffic impact from this and other proposed PUD development along Whippoorwill Lane may substantially reduce the level of service (LOS) on CR-896 but the LOS should remain at acceptable standard at the build out of this project, especially with the six lane widening proposed for CR-896 in the year 2000; therefore, the proposed PUD meets the policies of the Traffic Circulation Element. Although road capacity may be at an acceptable LOS, the proposed PUD does not provide for intercormectivity as required by the FLUE Density Rating System of the GMP. The FLUE Density Rating System subtracts one (1) dwelling unit per acre from a project for failure to interconnect with all existing and furore projects when possible. This projdet also proposes to vacate existi~ road rights-of-ways and fails to provide interconnections as portrayed on the concept plan. If Whippoorwill Lane is ever extended to the proposed Livingston Road, it might help reduce some of the traffic load onto CR-896 and help to compensate for a lack of interconnection between the PUDs and future development in this area. It is highly unlikely that would happen before build out of these PUDs, if it ever happens. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and Airport-Pulling Road, which contain shopping centers and business and medical offices all within a short driving distance. Police, fire and other emergency services can be readily provided fi'om the appropriate facilities located nearby. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development stand~d commitments. The PUD Document contains all of Staff's recommendations and will make I~ows~i~.n~~_ of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paving of Whippoorwill Lane for access to this PUD and future development located to the south. It will also include a common area, trails, and access to the lakes and preservation areas for recreational use by residents. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-98- 20, the Whippoorwill Lakes PUD Document and Master Plan, to the Board of County Commissioners subject to the following condition: I. Density shall be limited Io six (6.0) dwelling units per acre for a total of 461 dwelling units. PREPARED BY: bONAL~ J~V, ,2d'C'~ PRINCIPAL PLANNER CURREN'FPLANNING SECTION DATE 2~N~~ [)EWED BY: MANAGER CURRENT PLANNING SECTION DATE' R~HERE, AI-CP, DIRECTOR PL/~A~??gER~CES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR CO~ DEV. AND ENVIRO~~ SWCS. DATE DATE StaffReport for July 15, 1999 CCPC meeting. Note: This petition has been scheduled for the August 3, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUET, CHAIRMAN PUD-98-20 WHIPPOORWILL LAKES PUD/STAFF REPORT/DJM FINDINGS FOR PUD PUD-98-20 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (ii) The subject property is served by a network of arterial roads, all within the urbanized area facilitating access to a variety of community services and facilities. Co.n: (i) Proposed density and intensity is not compatible with existing and fulure residential densities of the surrounding environs. (ii) Loss of travel time for users of the same arterial road network. (iii) Existing residents ot~en 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. Findine: Jurisdictional reviews by County staff support the manner and pattern of the proposed development, except for the proposed density for the subject property unless modified. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infi'astmcture will be developed and be consistent with County regulations. Exhibit "A" Based on the criteria of the FLUE of the GMP and Staff's review of compatibility of the proposed PUD with surrounding land use, Staff is of the opinion that the proposed density needs to be adjusted to make the proposed PUD more consistent with Policies 5.1 through 5.4 of the FLUE of the GMP. A more acceptable density would be based on an overall maximum total of 461 dwelling units with an overall maximum density of 6.0 units per gross acre. This should allow for compatibility with surrounding properties and a transition from higher density to lower density land use. This is more consistent with the intent of the Density Rating System and the policies of the FLUE. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: None Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element and Density - The subject site is located within the Urban Mixed Use -Urban Residential Subdistrict on the Future Land Use Map of the GMP. Parcel "B" of the proposed project is also within the Pine Ridge Road (CR-896) - Interstate 75 Activity Center. This area is limited to a base density of four dwelling units per acre and three dwelling units per acre for the area located within the Residential Density Band up to a total of seven dwellings per acre if the development is compatible with the surrounding land use. Since Parcel "B" is within the Activity Center it qualifies for up to 16 dwelling units per acre based on the criteria of the Density Rating System and land use compatibility. The failure to provide an interconnection of local stre~ adjacent properties results in a reduction of one dwelling unit per acre by the BCC. 2 If the applicant adjusts the density to be more consistent with'the Density Rating System and makes provision for compatibility and transitional densities, Staff would be able to support the request. Based on Staff's analysis, this project is only eligible for 461 dwelling units at a density of 6.0 dwelling units per acre based on density bonus provisions of the Density Rating System and compatibility (see Analysis in Staff's Report). The recommended density also takes into account staff's analysis of neighborhood compatibility, transitional densities, and buffering. Appropriate density will ensure that the development of the property will be compatible with nearby properties. Land Use - The Urban Residential Subdistrict allows all residential structure types and other uses normally found in a residential environment, such as recreational use. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE. Recreation and Open Space - The proposed PUD provide approximately 72 percent of the project as open space, which will include a lake, landscaping, and preservation area. Staff's review indicates that the petition has been designed to be consistent with the GMP with the exception of the proposed density. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening recimiremenls. Pro: The PUD has been designed to minimize internal land use conflicts through open space separation thereby protecting sensitive areas and buffeting residences internally. Con: The proposed higher density is not deemed compatible externally. Densities in Parcels "A" and "D" should be held to compatible densities of no greater than 5- 6 dwelling units per acre in order to provide for buffering between adjacent off- site land uses and to provide transition from lower density to higher density residential development. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. While this holds true for most of the proposed PUD, the proposed density still needs to be reduced to acceptable levels to help enhance the external relationships; therefore, Staff recommends that the proposed density be reduced and transition from the lower density areas to the higher density northern area (Parcel "B"). The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project meets or exceeds 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. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem (see StaWs Report). The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summa~ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewatez disposal system, potable water supphes, 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. FINDINGS FOR PUD-98-20/DJM Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards 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). REZONE FINDINGS PETITION PUD-98-20 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: Development orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. Con: None Summary Findin_~s: The PUD as proposed is in compliance the Future Land Use Element of the Growth Management Plan with the exception of the proposed density of development. The uses permitted within this PUD are consistent with the currently approved uses. The existing land use pattern; Pro: A more detailed study is contained in the staff report. Con: None Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the Urban Residential Subdistrict on the Future Land Use Element and location within the density band. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to other approved PUDs in this area. Approval of this PUD will not create an unrelated zoning district. Con: Evaluation not applicable. Exhibit "B" Summary Findines: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findin_es: Nearby Lands are zoned PUD that will contain similar residential development. In addition, the boundaries are logically drawn by virtue of the site's location within two existing zoned PUD projects. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summa~ Findings: With the exception of the proposed density of 8.17 dwelling units per acre, the proposed zoning change is consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Adjacent properties north of Parcel "B" are higher density and located within an activity center. The properties further south and southwest are zoned for lower density (0.4 to 5.0 du's per acre); therefore, the proposed density of development does not adequately buffer or transition from higher densities to lower densities. (ii) The proposed apartment use will be appropriate near the activity center and 1-75. 2 Con: (i) Although the PUD will contain a preservation area, proposed densities may be too high for this area. Summary Findings: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments. A lower density should be adopted to ensure that the FLUE policies and objectives to limit densities are being met. e Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (i) The property will access private and public roads providing access to the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Con: (i) As urban intensification increases~ there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements. (ii) In the short nm construction traffic is necessary for development may be irritating to local residents. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, and, when developed, will not excessively increase traffic congestion. Additionally certain traffic management system improvements may be required as a condition of approval (i.e., 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) None Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed mixed use development conforms to the approved zoning on the adjacent properties. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Finding, s: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are followed. Con: Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values, especially if it is developed with transition of density and intensity of development. 4 11. Whether the proposed change will be a deterrent ¢o the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findines: The proposed PUD complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used 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 project would comply with the GMP if the proposed density is lowered. Con: The project as proposed on the Master Plan (concept plan) makes it difficult to determine whether it is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Summary Findings: The subject PUD does not comply with the Growth Management Plan as a whole because the intensity of land uses is not deemed acceptable for this Site proposed. Although the PUl) Document appears to address the scale of development, the concept plan makes it difficult to determine the scale and intensity of development because it does not define where units may be located in relation to internal and external development. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary_ Findin£s: There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Swmmary Finding: The extent of site alteration will b~ determined as a fanetion of obtaining a Site Development Plan approval that will further define the PUD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findinlls: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GIMP established relationships. REZONE FINDINGS R-98-20/DJM 6 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO~.~ 73 '~ '~ "' .0 .n COORDINATING PLANNER: D ox,/ ~ 6(/L~ ~r DATE RECEIVI~ I Applicant Name (Agem): William L. Hoover, AICP, of Hoover Planning Address: 3785 Airport Road North, Suite B, Naples, FL 3410.5 Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: Mark Bates, President, Corporation, 533 Turtle Hatch Lane, Naples, Forida 34103 Phone: 261-6434 6434 Gulf Sun Fax: 26 I- Detailed Legal Description of Subject Property: Section 18 Township 49S Range 26E See attached Exhibit "A" Property Idemification #: Parcels "A" and "B" = 00287000001 (Spaide Land), Parcel 'C" = 00286320009 and 0028636001 (Cook Land), and Parcel "D" = 00286400000 (Rayburn Land). Size of Property: 2270+ Feet x 1,320+ Feet (L-shaped) = 76.85+ Acres General Location of Subject Property: Located 1/4 mile somh of Pine Ridge Road, and encompasses the area north of Night Hawk Drive, between Whippoorwill Lane and 1-75.. Adjacent Zoning and Land Use: ZONING N - Agricultural/PUD LAND USE Seagate Baptist Church north of our western 1/2 and Best Western Motel north of our eastern 1/2. S - Agricultural Vacant with 2 scattered single-family homes. E - Right-of-Way 325' wide Interstate 75 ROW/Drainage W - Right-of-Way and then RMF-6/Agric./RSF-5 Whippoorwill Lane/Hospice of Naples and Single-Family homes o~a Lake. Existing Zoning: Agricultural Proposed Land Use or Range of Uses: PUD with Permitted Uses of coach homes, attached villas/patio homes, townhouses/condominiums, garden apartments and single- family homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal descripiion of the entire contiguous property: No. Has a public hearing for a rezone been held on this property within the past 12 momhs? If yes. please write the rezone application number. No. Is this property curremly vacant? Yes. land use and all existing structures. Signature of Petitioner (~) If the answer is no please describe the current S-/5-- Date * If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. Parcels "A" and "B" are owned bv L.E. and Leona Spaide. 1480 NE 103rd Street, Miami Shores, FL 33138 and are under sales contract by the petitioner. Parcel "C" comprises 2 parcels, is owned by Dell E. Cook, Trustee, 27671 Bay Point Lane, Bonita Springs, FL 34134 and is under sales comract by the petitioner. A trust breakdown is attached as Exhibit "B". Parcel "D" is owned by JKR Investmems, Inc., a Florida Corporation, Suite 6, Camm'go House, 1207 Third Street South, Naples, FL 34102. The attached authori?mion letters demonstrate the petitioner has permission to have all of the subject land within the PUD rezoned. The petitioner is a private corporation whose officers are shown on Exhibit "C". EXHIBIT "A" LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PL~ Parcels "A" and "B", the Spaide land. described as: A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easemem for public road fight-of-way over and across the East 30 feet thereof; and B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road fight-of-way over and across the West 30 feet thereof and the South 30 feet thereof. Co as follows: LESS A parcel of land in Sec. 18. Twp. 49S, Rng. 26E, more particularly described COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North 00039'46" West 2639.68 feet to a point; thence North 00°40'16'' West 1319.90 feet to the POINT OF BEGINNING; thence South 89036'42'' West 461.39 feet to a point; thence North 14°36~28" West 680.88 feet to a point; thence North 89o37'08'' East 625.38 feet to a point; thence South 00°40'16'. East 659.95 feet to the POINT OF BEGINNING. Parcel "C", the Cook land, described as: The N 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E. Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 fight-of-way. Parcel "D", the Rayburn land, descr.ibed as: The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E. Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 fight-of-way. EXHIBIT "B" 1-75 & PIE[E RIDGE RD. LAND TRUST SEC. 18-49-26 DELL E. COOK,(TRUSTEE) 27670-B4 BAYPOINT LANE BONITA SPRINGS FL. 34134 PHONE 941-992-5300 JAMES G. COLEMAN 4060 TAMIAMI TR. N. NAPLES FL. 34103 PHONE 941-261-7776 % of Ownership 25% 25% WILLIAM SCHROEDER 4482 3rd AVE N.W. GOLDEN GATE, NAPLES FL. 34116 PHONE 941-455-5554 25% ,/-%CfNN DAFFRON 54 HARBOR LN. APLES FL. 34109 PHONE 941-774-3737 12.5% JUDITH FRYE 1988 45th ST. ~ ........................................... NAPLES FL. ~/~ ~ PHONE 941-353-6450 12.5% TOTAL 100% EXHIBIT "C" Mark Bates is President of Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida 34103 and Buford Bates is Secretary-Treasurer of Guff Sun Corporation. Mark Bates has 100% interest in Gulf Sun Corporation. NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Flodda To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104, Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by the contracted purchaser, who is also the applicant, to act as authorized agents and to request necessary applications during the ElS Preparation and Review/PUD Rezoning petition process for the subject project. The applicant also acknowledges to have unified control over all of the acreage within the proposed PUD. Sincerely, Printed Name/Title Signature STATE Of FLORIDA COUNTY Of Cot The foregoing instrument was acknowledged before ~<~.~ ,199_':'l by ~L,,~ -~,~-(--~ who is/are ~personally known to me or have produced ~s identification and who did (did not) take an oath. ~--l~o~,ary Pu ' ~ Printed Name My Commission Expires: /~v.<'~' Kev~n lacVi~er S~L "'"' me this I~ day of RECE YE NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104, Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by contracted purchaser Gulf Sun Corporation, who is also the applicant for the PUD Rezoning, to act as Gulf Sun Corporation's authorized agents and to request necessary applications during the Environmental Impact Study preparation and review/PUD Rezoning petition process for the subject project. The property owner(s) of the land shown on the attached deed, to the best of their knowledge, also acknowledge that Gulf Sun Corporation has unified control over all of the acreage within the proposed PUD. Sincerely~_: Signature of Property Owner ? ?---"---~ ,>-7~. ~ Signature of Property Owner Signature of Property Owner STATE OF -'~~.,.--~..~.} COUNTY OF' f~--~~~..~_., The foregoing instrument was acknowledged befo_re me this ~ day ~77.-~'z v_,'.-~_.~.,-~J ,199_~ by ,~ ~_~ /~, ~6-~i .w~ i~/~re pem~lly ~no~ to me or ~ve prodded - as identifi~tion and ~o did (did not) ~ke an oath. NOtary PublicY' /~/' Printed Nar~ - My Commission Expires: SEAL of -22-1999 5=: I t~:~M Ft:MDM P. 2 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida To Whom it May Concern: Please be advised that Passarella and Associates, inc., 4575 Via Royale, Suite 104, Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North. Suite B, Naples. Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by contracted purchaser Gulf Sun Corporation, who is also the applicant for the PUD Rezoning, to act as Gulf Sun Corporation's authorized agents and to request necessary applications during the Environmental Impact Study preparation and review/PUD Rezoning petition process for the subject project. The property owner(s) of the land shown on the attached deed, to the best of their knowledge, also acknowledge that Gulf Sun Corporation has unified control over all of the acreage within the proposed PUD. Sincerely, Signature of Property Owner Signature of Pr~3erty Ova~r S/. g natu r~- of P'roi~erty'--O~'ner The foregoing instrument was acknowledged " 199~ by who is/are personally known to me or have produced as idenT~~,d 7o did (did not) take an oath. Pdnted Name - \ My Commission Expires: SEAL JAN ~2 '$9 18:2~ before me ~is day of February /~ ,1999 TO WHOM IT MAY CONCERN: This is to advise that GULF SUN CORPORATION has the authority to act for L. E. Spaide and Leona Spaide with regard to the rezoning of the property shown in the attached Indenture lying in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida. Chade~. Spaide, as~tto' ey-'- ': ./(.," for .~ Spaide Charlos/~/Spaide, as ~(ttOmey-in-fact/./~ for Le~'~ Spaide STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this/~ day of February, 1999, by Charles L Spaide as attorney in fact for L. E. Spaide and Leona Spaide, who personally appeared before me at the time of notarization and who are personally known to me or who produced ./% "~ J¥ '~ ~ /,:': X ¥ ~; as identification, ~,k~t,~?%ojd~ LIZABETH A. PROCIDA ~ # C~$1 ~f ........,~ EXPIRF..SWOi,,iDED~I~M~R 19. 2001 A, ilANflC BOI~ CO~ INC. NOTARY PUBLIC My commission expires: ENVIRON.'M~NTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JUNE 2~ 1999 NAME OF PETITIOI~RfPROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: planned Unit Development No, PUD-98-20 Whippoorwill Lakes PUD Gui/' Sun Corporation Keene Engineering Pa.ssarella and A,~oclat~s, Inc. LOCATION: WhippoorW~ll Lakes PUD is an undeveloped 76.85 acre parcel located in the southwest quad-at of Pine Ridge Road and Interstate 1-75 m Secnon 18, Township 49 South. Range 26 EasL Collier County, Florida. The site is located approximately 'A mile south of Pine Ridge Road and comprises the area north of Night Hawk Drive, between Whippoorwill Lane and 1-75. DESCRIFIION OF SURROUNDING PROPERTIES: Surrounding properties are taama!!y dev~ a,nlh dae following zoning chssifica~/~. ZONING DESCRIPTION N - Agricultural (Seagate Baptist Church of ChrisO pamaity Developed PUD (Sutherland Centez~ Parnany Developed S - R.O.W. Nighl Hawk Lane A gncultm-al Pamally Developed E - R.O.W. Inte~sta~ 1-75 Wo R.O.W. RMF-6 (Hospice) ^gncultural RSF-5(0.4) ~rwill Lane Developed par~any Developed U - e oped PROJECT DESCREIrHON: Whippoorwill Lakes PUD L~ a proposed resid~alJal project with a maxnma~ of 628 residmm~ umts, recreational facditie~ water ma~gemeat lake and pre,rye area. The projecl~i to be developed ~ 8arde~ ap~tmeats. Acce~ m the site would be onto Whippoorwill Lane from Pine ridge Road. The water management system for the project proposes the cOnS'a'U~on of a perimetm' berm wi{ crest elevation set at or above the 25-year, 3-day peak flood stage. Water quafity pretreatment proposed ill the on-slt~ lake sys~-m Imor to discharge to the wefl~i preserve. EAC Meeting ......................................................................... : ........................ .tune 2, 1999 PUD-g8-20 "W'mppoor~ll Lakes PUD" Page 2 Plan of Record: Environmental: Whippoorwill Lakes PUD document prepared by Hoover Planning and Keene Engineering, received by Planning Services on March 24, 1999. Whippoorwill Lakes PUD CoLlier County Environmental Impact Statement prepared by Passarella and Associates, Inc., dated Matc~ 1999, reVVed May, 1999. Whippoorwill Lakes PUD Red-Cockaded Woodpecker Nesting Season Survey prepared by Passarella and Associates, Inc.. dated May, 1999. V. STAFF COMME,N'rs: Water Management: The surface water management for this project will be reviewed by the South Honda Water Management District and therefore is exempt from review by the EnVtronmental Advisory Council (5.13.6 CCLDC). Environmental: Approximately 16. I acres of South Honda Water Management District (SFWlVlD)/Collier County jurisdictional wetlands have been identified on the subject property. The jurisdictional wettan~ ar~ compo~d enurely of pin~cyprem/~ Imim mix. Appmxinmtety 0.6 acr~ ufimlm~ ~ ju~isdictimml ~tlands are proposed, and are shown on Figure 4 on page 11 of the EIS. Project related wetland impacts will be compensated for by ~nhnncing nnd preserving 96.3 percent of the wetlands on site. Preserved wetlands ~ be enhanced by hand removal of exotic plato species. Present seasonal high water levels are believed to be at or just below the level of the gxoumt surface within the mzerior pomons of the wetlamt preserve. Hism~c high w~r levels appear to have been at least s~x roches above the g~und surface wathin the wetland preserve. Elevatiom of both present and historic high water levels will be surveyed ~d submitted as pan of the South Flonda Water Management Dismct perrmt application. Natural ground elevation on sim averages around 10.7 feet NGVD. The property has a total of 46.2 acres of uplands. Uplands on site consist of pine flatwoods, pine, pine/cypress, cypress (drained) ~nd disnmbed land. The majority of the uplands on-sit~ will be impacted for development of the project. A mmiwnwn 15 foot and average 25 foot upland buffer will be maintained around the wetland preserve except for the area adjacent to Whippooxwill Lalle. According to the Collier County Soils Map, the following thr~ soil types are found on the p~ Malabar fine sand (Unit 3), Oldsmar fine sand (umt 16), and B<xat, Riviera, ~ sul~mmm and Copeland fine sand, ~ (Unit 25). The types of soil found wiea~ th~ ~ oftbe property a~e ~tly Unit #3, Malabtr fin~ sand. Unit #16, Oldsmar fin~ sand, is found in the northwest portion of the sim ~d Unit #25, Boc~ Rivier~ limestone s~mrannn and -~--~-~... C°pel~ad fmc sand' depres~i°ml is f°und in the n°rtheast P°m°n °f the site' AIl s°il typ~i' encountered on site are listed as hydric with tim exceplion of #16, Oldsm~r fine sand. EAC Meeting ..................................................................................................June 2, 1999 PUD-98-20 "Whippoorvall Lakes PUD" Page 3 A red-cockaded woodpecker t RCW) nesting season survey was conducted on the subject property. Mormng and evemng RCW foraging surveys were conducted over a period of seven con.~-cuUve days beginning May 10, 1999 and ending May 16. 1999. Surveys were conduct~ by ecologists u-averting statable habitat by foot. Mormng observations began approximately 15 minutes to 30 minutes prior to sunrise and ended by 10:30 a.m.. Evemng observations were conducted from approximately 4:30 p.m. to sunset. Visual observations were aided by 8x power binocula~ and 46x power spotting scope. Previous listed species surveys conducted on the property included a seven man-hour survey in January, 1999. Additional listed specaes observations were conducted incidental to over 20 man-hours of on-site acnvities in November and December, 1998 a&~ociated W~th vegetation mapping and wetland flagging. No RCWs we~ ~ or heard during the nesting season seven-day survey, No RCW cavities were identified on site. Listed wildlife spec/es observed on the subject property include Big Cypress fox squirrel (Scim'us niger 9vicenma), which is listed as threatened by the Florida Game and Fresh Water Fish CommisstOn (FGFWFC). Big Cypress fox sqmrrels were observed in the pine and pine/cyprus habitats. The preservation and e~hnncement of 15.5 acres of pine.cypress wetland and adjacent upland pine buffer wffl provide continuing habitat for fox ~lmres on the project site. A review of the official Historical/Archaeological Probability Maps for Collier County indicate no archaeological or historical sites to be located on the subject property. Correspondence from the Florida Deparunent of State, Division of Historical Resources, indicates no significant archaeological or histoncal sites recorded for or likely to be present within the project area. The letter further states that because of the project location and/or nature it is unlikely that any such sites will be affected. Stnff recommends approval of Planned umt Development No. PUD-98-20 "Whippoorwill Lakes PUD" with the following stipulations: Environmental: Amend seenon 5.2(A)(3) of the PUD document by adding the underlined languate and deleting the ~ Water management structures 2. Amend section 6.10(D) of the PUD document by adding the tmderljned lansmate. An exotic vegetation removal, momtoring, and maintenance (exotic free) plan for the sit~, with emphasis on the conservation/pmservatinn ar~s, shall be submitted to Curtain Planning Environmemtl Review Staff for review and approval prior to final sim plan/construction plan approvaL ~ plan ~h,l! incb_~d~ nn~.~__t~4_~ and time schedule for removal of exotic vete~-~m~ wJ~ ~tion/m~ser~tion areas. Add the following stipulation to soction 6.10 of the PUD document Petitioner slmll comply with the guidelines and reoo,,-,-,endations of the U.S. Fish Wildlife service (USFWS) and Florida Game and Fresh Water Fish Comum (FGFW'FC) regarding pomntial i ,ml~cts to protected wiidli,fe species. Where prot~ species are observed on site., a I-Iabit~t Management Plan fo~ tho~ protected specm~ si~ EAC MeeUng ........................................................................ , .......................... June 2, 1999 PLrD-98-20 "Whippoorwill Lakes PUD" Page 4 be subtmtted to Current Planning Environmental Staff for reVaew and approval prior to f'mal site plawcoastrucuon plan approval. PREPARED BY: STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II DATE RE ;V~WED BY: / R~I~LD F NIFO, .~ICP CURRENT PLANNING MANAGER SL,th:/F. ACStaffRepom DATE ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLL'DES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ,MAP .NUMBER 9618N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A' AGRICULTLrRE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WHIPPOORWILL LAKES PUD FOR A MIXED USE RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, LOCATED ONE- QUARTER MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) AND NORTH OF NIGHT HAWK DRIVE BETWEEN WHIPPOORWILL LANE AND INTERSTATE 75 IN SECTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85*_ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. William L. Hoover, AICP. of Hoover planning, representing Mark Bates, pe~tioned the Board of County comrmssioners to change the zoning classification of the herein described real property.; NOW, THEREFORE BE IT ORDAINED by the Board of County commissioners of Collier County, Florida: SECTION ONE: The zonm$ classification oft. he hereto described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "PUD" Planned Unit Development in accordance VOth the Whippoorwill Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Deparunent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, FlOrida, th~ day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLOR/DA ATTEST: DWIGHT E. BROCK, Clerk BY: Timothy J. Constantine CHAIRMAN Approved as to Form and Legal Sufficiency MaOo~- M. Student ' Assistant County Attorney g/PUD-98-20 ORDINANCE/m -1- WHIPPOORWILL LAKES PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GULF SUN CORPORATION MARK BATES, PRESIDENT 533 TURTLE HATCH LANE NAPLES, FLORIDA 34103 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and BEAU KEENE, P.E. KEENE ENGINEERING $38NINTH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" Mamh 19, 1999 July 141 1999 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL AREAS PLAN PRESERVE AREAS PLAN DEVELOPMENT COMMITMENTS PAGE i ii 1 3 5 8 14 15 IqAR 1~ 2C~ LIST OF EXHIBITS EXHIBIT 'A' EXHIBIT 'B' EXHIBIT 'C' EXHIBIT 'D' EXHIBIT 'E' EXHIBIT 'F' EXHIBIT 'G' PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION II1 STATEMENT OF COMPLIANCE ' The development of approximately 76.85+ acres of property in Collier County, as a Planned Unit Development to be known as Whippoonvill Lakes PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Whippoorwill Lakes PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. o The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located partially (11.42 acres) within the Mixed Use Interstate Activity Center and the remaining land (65.43 acres) is within the Residential Density Band of the Urban Residential Mixed Use District around the Pine Ridge Road - Interstate 75 Activity Center, on the Future Land Use Map. The projected density of 6.74 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Land Within Residential Density Band Base Density 4 dwelling units/acre Activity Center Density Band +3 dwellin,q units/acre Maximum Permitted Density 7 dwelling units/acre 65.43 acres x 7 dwelling units/acre = maximum of 458 units HAR 1~ Land Within the Mixed Use Activity Center Activity Center 16 dweilin,q units/acre Maximum Permitted Density 16 dwelling units/acre 11.42 acres x 16 dwelling units/acre = maximum of 182 units Entire Proiect Area Maximum number of units on entire project = 458 + 182 = 640 units. Maximum permitted density = 640 units/76.85 acres = 8.33 dwelling units/acre. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION 1.1 1.2 1.3 1.4 1.5 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to descdbe the existing conditions of the property proposed to be developed under the project name of Whippoorwill Lakes PUD. LEGAL DESCRIPTION The subject property being 76.85_+ acres, and located in Section 18, Township 49 South, Range 26 East, and as described on Exhibit "G': PROPERTY OWNERSHIP All of the property is under sales contract held by: Mark Bates, Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida 34103. GENERAL DESCRIPTION OF PROPERTY AREA The subject propert7 is Jocated 1/4 mile south of Pine Ridge Road, and encompasses the area north of Night Hawk Drive, between Whippoorwill Lane and the western boundary of the Interstate 75 right-of way (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning, with part of the land having a Special Treatment Overlay, and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is located within the 1-75 Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing borrow pit located on the eastern portion of the subject property. This existing water body discharges into the D-2 Canal, located along the eastern side of 1-75, via existing canal cross drains. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. 1.6 1.7 Natural ground elevation averages 10.7 NGVD. The er~tire site is located within FEMA Flood Zone 'X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1999, the types of soil found within the limits of the property are predominantly #3 - Malabar Fine Sand. Number 16 Oldsmar Fine Sand is found along the northern property line and a small pocket of #25 - Boca, Riviera, Limestone Substratum and Copeland Fine Sands, Depressional can be found within the northeast portion of the site. All soil types encountered on the site are listed as hydric with the exception of #16 - Oldsmar Fine Sand located along the northern portion of the site. The site vegetation consists primarily of FLUCCS #624 - pine cypress cabbage palm areas, primarily drained with about 113 of this area JJkely to be considered wetland jurisdictional, and FLUCCS #411 - pine flatwoods, primarily disturbed, The project as proposed will incorporate restored upland and wetland preserve areas maintained in a contiguous arrangement. PROJECT DESCRIPTION The Whippoorwill Lakes PUD is a project comprised of a maximum of 518 residential units. The residential units are projected to be developed as garden apartments. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Whippoorwill Lakes Planned Unit Development Ordinance". SECTION II , 2.1 2.2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for development of the Whippoorwill Lakes PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar distdct in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and graphic matedal presented depicting restrictions for the development of the Whippoorwill Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do All applicable regulations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 5 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 A maximum of 518 dwelling units shall be constructed in the residential areas of the project. The gross project area is 76.85_+ acres. The gross project density shall be a maximum of 6.74 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Co Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Bo Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of 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: Bo Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 518 units. If the petitioner has not acquired title to the Dog Ranch Road right-of-way, north of Nighthawk Drive and internal to the project, prior to Site Development Plan approval the project shall be reduced to a maximum of 506 dwelling units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes). Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: Customary accessory uses and structures associated with the permitted principal uses including garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitching and putting golfing facilities, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3.4 Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. 4 Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Whippoorwill Lakes PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permilled within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space; however, garages shall use a parking apron of at least fiften (15) feet separating the garage from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. TABLE RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area {per unit) Minimum Lot Width Front Yard Setback Side Yard Setback I Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback (3) Principal Structure Accessory Structure Lake Setback (5) Preserve Area Setback Distance Between Structures SINGLE-FAMILY 6,OOO Sq. Ft. 60' Interior Lots (1) 70' Comer Lots 25' 0' & 10' or both 5' 0' & 15' or both 7.5' NA 20' 10' TWO-FAMILY 7,200 Sq. Ft. 1 Acre 80' Intedor Lots (1) 150' (40')(2) 100' Comer Lots (5O')(2) 25' 20' 0' & 15' or both 7.5' 0' & 20' or both 10' NA 20' 10' MULTI-FAMILY Greater of 7.5' or 1/2 BH Greater of 10' or 1/2 BH Greater of 12.5' or 1/2 BH 25' 10' 20' 20' 20' (4) 10' 10' 10' 20' 20' 20' 25' 25' 25' Main/Principal 1-Story 15' 20' 2-Story 20' 20' 3-Story NA NA Accessory Structures 10' 10' Maximum Hei,qht: Principal Building 35' and 2 stories 35' and 2 stodes Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft, Greater of 15' or 1/2 SBH Greater of 20' or 1/2 SBH Greater of 25' or 1/2 SBH 10' 40' and 3 stories 20'lClubhouse 35' 1 bedroom = 650 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. (1) May be reduced on cul-de-sac lots upon approval by the Director of Planning. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) PUD Boundary setback shall be a minimum of seventy-five feet adjacent to the cellular tower, that is located at the southeast comer of the Seagate Baptist Church. (4) Three-story buildings shall be set back a minimum of seventy-five feet from Whippoorwill Lane ROW. (5) Lake setbacks are measured from the control elevation established for the lake. SBH refers to "Sum of Building Heights". ]o B. Off-Street.Parkin,q and Loadin,q Requirements: , Co As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Landscapin.q and Bufferin,q Requirements: A berm, wall, fence, or combination thereof, may be provided by the developer adjacent to the eastern PUD boundary along Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, walls or fences may comprise up to eight (8) ~,.ct in height of any berm/wall or berm/fence combination. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. A twenty-five (25) foot buffer shall be provided where a multi-family project is adjacent to any single-family or two-family project within the PUD. All other landscaping shall be in accordance with Division 2.4 of the Land Development Code. Architectural Standards 1. All buildings, lighting, signage, and architecturally and aesthetically unified. I! landscaping shall be Said unified architectural Fo theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single- family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). o All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits ~C' or 'D'. Si,qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrances to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 7~35_+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or ~F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the entire 76.85_+-acre PUD project and shall be compatible architecturally with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty- four (24) square feet. 12 Density The densities on Parcels A, C, and D shall be 6 dwelling units per acre unless the owner(s) of such parcel(s) provide(s) written notice to Collier County Development Services that it will accept a lower density on such parcel(s), ]3 SECTION IV 4.1 4.2 PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "^", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Presewe Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. ]4 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 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 Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the re. zoning of the property. Jn addJ.fion, any successor' in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPO'RT 5.5 5.6 5.7 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. Ao The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING Ao This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, 5.8 5.9 5.10 constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. No on-site central sewage collection, treatment and disposal systems shall be permitted. TRAFFIC The applicant shall be responsible for the installation of arterial level street lighting at all project entrances. Installation shall be in place prior to the issuance of any certificates of occupancy. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Co Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Whippoorwill Lane shall be extended by the developer, unless previously extended by other area developers, and such extension shall be to minimum Collier County construction standards. The portion of Whippoorwill Lane on the subject site shall be dedicated to Collier County, upon completion of construction. 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. A lake access, with associated recreational facilities, shall be constructed by the developer and made available to all residents of the subject project. ENVIRONMENTAL 17 Eo 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 exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetaticm removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on- site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. i=, ....... ~ , . EXHmlT "C" , DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING EXH~IT "D" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN Pg. 7~9 ExI-m:IIT "F" DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "G" LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD Parcels "A" and "B", the Spaide hnd, described as: A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road fight-of-way over and across the East 30 feet thereof; and B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public road fight-of-way over and across the West 30 feet thereof and the South 30 feet thereof. LESS C. A parcel of land in Sec. 18, Twp. 49S, Rng. 26E, more particularly described as follows: COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North 00°39'46'' West 2639.68 feet to a point; thence North 00°40'16" West 1319.90 feet to the POINT OF BEGINNING; thence South 89o36'42" West 461.39 feet to a point; thence North 14o36'28" West 680.88 feet to a point; thence North 89°37'08'' East 625.38 feet to a point; thence South 00°40'16M East 659.95 feet to the POINT OF BEGINNING. Parcel "C". the Cook land. described as: The N 1/2 ofthe SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 fight-of-way. Parcel "D", the Rayburn land, described as: The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 fight-of-way. EXECUTIVE SUMMARY PETITION NO. PUD-99-15 MICHAEL FERNANDEZ, AICP, OF PLANNING DEVELOPMENT, INC., REPRESENTING DEAN HUFF, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ALEXANDRIA PUD FOR A MAXIMUM OF 72 DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD EXTENSION, SOUTH OF PINE RIDGE ROAD (C.R. 896) AND NORTH OF GOLDEN GATE PARKWAY (C.R. 886) IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.58 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Rural Agricultural, "A" to Planned Unit Development, "Alexandria PUD" for the purposes of building 72 dwelling units for residential land uses on 19.58 +/- acres, providing for development tracts consisting of single family and multi-family development areas, preserve and lake areas and street right-of-way. CONSIDERATIONS: The site is located approximately 3,800 feet south of Pine Ridge Road and 9,100 feet north of Golden Gate Parkway, fronting on the future extension of Livingston Road. The applicant proposeg to develop the property for a maximum of 72 single family and multi-family dwelling units at a density of 3.67 dwelling units per acre. The project will include a central amenity area which will provide for active recreational facilities for the residents. There is a 2.74 acre lake and approximately 4.9 acres of upland and wetland preservation areas. Access to Alexandria PUD will be provided from the future extension of Livingston Road. Access will be shared with the proposed project to the south. At a meeting held on January 11, 2000, the Board of County Commissioners approved staffs recommendation to require the property owners in the Whippoorwill Lane/Livingston Road development area to initiate a collaborative effort to address and resolve the matter of proportionately sharing the cost of infrastructural improvements. Taking into account the requirement for a local collector public street from which all development approvals will interface, and to insure that adequate provision is made for other supporting infrastructure based on the cumulative impact and needs of all properties in the defined area. Furthermore, the Board approved that stipulations be made common to each rezoning approval which would insure the establishment of Whippoorwill Lane as a public road and an east/west connector between Whippoorwill Lane and Livingston Road, and provide for a proportionate cost sharing for infrastructural improvements related to stormwater management and sewer and water service. 2000 The staffs recommendation contained in this executive summary has stipulations which have been specifically crafted to address the aspect of cost sharing for infrastructural improvements and other requirements as directed by the Board of County Commissioners. Development Standards - The proposed development standards for the project are similar to the residential district zoning standards which most closely characterizes the uses authorized by this district. Building heights for multi-family structures are limited to 40 feet and all other residential structures are limited to 35 feet in height. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · 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 $117.97 per unit 'For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.00 per unit. Since this project proposes 72 units, the total amount of residential impact fees collected at build- out will total $198,504.00. 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 of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional ~~I:>A rr~~"'~~'. !i,'.2 lq 2000 is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Traffic Circulation: While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Land and an east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development event though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road, because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Regardless, these conditions are specifically allowed to exist under policies in the Growth Management Plan. That is not to say lhat project could not be phased to minimize these impacts; however, at this point in time, staffis unable to develop a phasing plan that would equitable serve all of the proposed projects in this area, and further recognizing that one project is already approved with 462 dwelling units. 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. MAR 1 4 2000 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation to the Board of County Commissioners for approval of Petition PUD-99-15, Alexandria PUD with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: Pursuant to Section 2.2.20.3.7. of the Land Development Code, the value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne on a proportionate basis established on a land area square footage contribution by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Prior to application for Preliminary Subdivision Plat approval, the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County. In the DCA, it will be agreed to and determined that any short fall between impact fees and the actual cost of constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis or by other methodology determined by Collier County and agreed to by affected property owners. This requirement shall apply to all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Should it become necessary to acquire land or construct facilities that are in excess of the drainage requirements of any particular development, then the costs for those added requirements will be proportionately shared by benefiting property owners. Said costs and prorata share shall be determined by and payable to Collier County prior to the issuance of any building permits to a benefiting property owner. Said costs with area-wide benefit incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Said prorata costs shal ~ determined by and made payable to Collier County prior to the issuance of an MAP, 1 2000 10. building permits for a benefiting property. Said costs with area-wide benefits incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector or Arterial Road and must be a minimum of 100 feet from a public right-of-way. Section 3.6 of the PUD document shall be revised to reflect the above stipulation. The PUD Master Plan or appropriate section of the PUD document shall be revised to show 15 feet of compensating right-of-way for a northbound mm lane along the western property boundary. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant 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 shall be considered site related, and there shall be no road impact fee credit to the applicant. Section 4.3.C. on page 20 of 26 of the PUD document shall be revised to read as follows: Maximum Height: Three (3) stories for a maximum height of 35 feet. Unconstrained roadway access from the Alexandria PUD to the project to the south (Balmoral PUD) shall be provided by the property owner of the Alexandria PUD. The petitioner shall clarify either on the PUD Master Plan or within the PUD document that the shared access between the proposed Balmoral and Alexandria PUD's shall be limited to right-in and right-out access from the proposed Livingston Road unless otherwise approved by the Transportation Services Director at the time of Preliminary Subdivision Plat approval. EAC RECOMMENDATION: The EAC voted unanimously to recommend approval of the project subject to staffs stipulations. PLANNING COMMISSION RECOMMENDATION: At a public hearing held on January 20, 2000 the CCPC voted 8-1 to forward PUD-99-15 to the Board of County Commissioners with a recommendation for approval subject to all of staffs stipulations. It is staff's interpretation that the dissenting Commissioner voted against the project because in her opinion the project is premature. While she supported the concept that all projects in this area should be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities, she felt that the details of the cost sharing should be we out prior to the project's approval. - AGEt, iDA ITF=M 2, 00 PREPARED BY: CHIEF PLANNER a. a 3.2000 DATE REVIEWED BY: CURRENT PLANNING SECTION DATE ~~MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPRg,~ED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-99-15, Alexandria PUD This petition has been tentatively scheduled for the March 14, 2000 Board of County Commissioners meeting. AGFJ'CD A ITEM ~:~2 Iq 2000 Memorap, dum To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 1, 1999 PETITION: PUD-99-15 ALEXANDRIA PUD OWNER/AGENT: Agent: Owner: Mr. Michael R. Femandez, AICP Planning Development Inc. 5133 Castello Drive, Suite 2 Naples, FL 34104 Dean Huff, Trustee 3411 N. Tamiami Trial Naples, FL 34103 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural to "PUD" Planned Unit Development for the purposes of developing 72 dwelling units for residential development on 19.58+/- acres, providing for development tracts consisting of single family and multi-family development areas, preserve and lake areas and street right-of way. AGENDA ITFJ~ !1 AGENDA ITEM AR I4 2000 g._ ~ I .... ~,-~'~t~! ~ _ :~'~' ', ~ '~ - ~ '- - '~ j '= - ~ ~ ~~ ~ --__.:~ ,._., .:~~::::,'.'::"_h.~ .~~: Dill" : ' .. ~-~ ~' ~ ~_ - -~11~ ' ~ ~ ~ - ~ - --,11~ ~ - -' I ~'-- ~.~ , i',i ~ .~ ~- "'~ ~'~ ...... _,.~= 1__ ~ . ~, ~. ' -- MA~ 1 ~ GEOGRAPHIC LOCATION: The subject site is located within Section 18, Township 49 South, Range 26 East, approximately 3,800 feet south of Pine Ridge Road and 9,100 feet north of Golden Gate Parkway, fronting on the future extension of Livingston Road. PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 72 single family and multi- family dwelling units at a density of 3.67 dwelling units per acre. The project will include a central amenity area which will provide for active recreational facilities for the residents. In addition to the central recreation center, there is a 2.74 acre lake and approximately 4.9 acres of upland and wetland preservation areas. Access to Alexandria PUD will be provided from the future extension of Livingston Road, between Pine Ridge Road and Golden Gate Parkway for which the property owner will be required to dedicate 30 feet of land for the future right-of-way for Livingston Road. Access will be shared with the proposed project to the south. SURROUNDING LAND USE AND ZONING: Existing: The subject site is vacant and heavily vegetated. The site presently has a Rural Agricultural (A) zoning designation. Zoning Land Use Surrounding: North - Rural Agricultural (A) Single Family residential South - Rural Agricultural (A) Vacant; under rezoning consideration for residential PUD ~ 3.88 du/acre East - Rural Agricultural (A) Lake; Vacant, vegetated West - Future Livingston Road ROW ROW; FPL Easement; Kensington Park PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, which are authorized uses of land in the urban residentially designated area as described in the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. IqAR 1~ Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 3.67 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre Lands surrounding the subject site are developed with densities which range from 1 unit per 5 acres (Rural Agricultural), 1.34 dwelling units per acre for Wyndemere PUD; 3.62 dwelling units per acres for the proposed Livingston Village PUD; 3.88 dwelling units per acre for proposed Balmoral PUD; and 5.51 dwelling units per acre for Whippoorwill Lakes PUD. Traffic Circulation Element - The subject site's generated traffic does not exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road within the project's radius of development influence (RDI). Technically, approval of this petition is consistent with the Traffic Circulation Element (TCE) policies which speak to the Level of Service relationships and the degree of impact allowed by development before we can justify a denial or a phasing plan attributable to consistency with the TCE conclusion. Basically, the benchmark for determining consistency is one which allows a degradation of the LOS below a certain standard (i.e. LOS "D") when committed improvements will correct the deficiency within a three year time frame. The three key arterial roads which are affected are, Airport-Pulling Road, Pine Ridge Road, and Livingston Road, all of which will be improved to create and increase capacity within the next three years. In view of these conditions, we have to conclude that this petition is consistent with the Traffic Circulation Element. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth Management Plan. The site is bounded by the future Balmoral PUD to the south. The subject site's PUD Master Plan indicates that there is a planned shared access between both projects from Livingston Road. It is staff's recommendation that the Balmoral PUD allow residents of the Alexandria PUD unconstrained access through the Balmoral PUD in order to allow the residents direct access to Whippoorwill Lane and its east/west connector which will allow the project to be consistent with the TCE relative to Policy 7.2. An interconnection between the subject site and the property to the north is possible when that property is developed. However, the objective of requiring an interconnection between properties is to facilitate the convenient movement of traffic throughout the local road network.. The site to the north is currently zoned Rural Agricultural and it is developed with a single family residence. It is not included as part of the Whippoorwill Lane area projects, has direct access to Livingston Road and no access to Whippoorwill Lane. The proposed Balmoral PUD will have direct access, ~ Livingston Road, Whippoorwill Lane and the future east/west connector. The purpose of~ taff~_e~,,e~ 3 MAP, recommendation for an interconnection between the subject site and the site to the south is that it will facilitate traffic movements fi.om the subject site, through a local road network, allowing traffic northbound traffic to access Whippoorwill Lane, subsequently reducing impacts on Livingston Road. The projected average daily trips (ADT) fi.om this project are approximately 730. Assuming a normal 50/50 split, the impact to the Balmoral PUD will equate to approximately 183 ADT (assuming 50 percent of traffic plans to go north, then assuming 50 percent of the northbound traffic plans to go east). Interconnection between the subject site and the property to the east does not appear feasible due to physical constraints (abutting lake and planned preserve area on the subject site). It is staffs opinion that requiring an interconnection to the property north of the site, when and ifrezoned, does not further the intent of Policy 7.2 of the TCE. This site's access will likely be taken fi.om Livingston Road; it does not have direct access to Whippoorwill Lane. This TCE consistency evaluation is based on the individual project. However, there are seven proposed projects located in the area west ofi-75, south of Pine Ridge Road, north of Wyndemere PUD and east of the future Livingston Road extension. Cumulatively, these petitions affect approximately 500 acres of land. If current zoning requests are approved, 2,448 dwelling units will be authorized for development. Historically, smaller rezoning petitions submitted in a piecemeal fashion have failed to address the cumulative impacts of development on land and County facilities. Typically, small scale rezonings have unfairly burdened the first developer in an area with having to provide road access and utilities to their site to the benefit of future developments without compensation. Additionally, piecemeal development has resulted in inefficient movement of traffic, lack of neighborhood integration, lack of roadway network interconnection, and in some cases, failure to provide for adequate stormwater management and utility expansion needs on a regional basis. Preliminary staff analysis indicates that an additional 2,448 dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at its future signalized intersection with Pine Ridge Road. In response to this premise, proposed project petitioners retained professional assistance to conduct a traffic impact analysis with particular emphasis on the effect development will have on the intersection of Whippoorwill Lane and Pine Ridge Road. The conclusion of that study advised that improvements to this intersection in the way of turn lane capacity improvements can ameliorate the need to limit the anticipated growth rate that will impact this intersection. This report was reviewed by our Transportation engineering staff and they find fault with the study. Irrespective of this fact, however, staff remains convinced that Whippoorwill Lane and an east/west extension thereof to Livingston Road provides a valid public benefit and should be made a public street. Staff believes that the development of a public road providing an east-west link between Livingston Road and Whippoorwill Lane will result in significant benefit to all property owners in the area. Based on land development patterns and the location of commercial facilities, it is staff's opinion that a significant number of drivers living in that area will travel to the south and west. An alternative east-west route for motorists who desire to travel south fi.om Whippoorwill Lane, will not force motorists to the intersection of Whippoorwill Lane and Pine Ridge Road, then back to the intersection of Livingston Road to Pine Ridge Road, in order to access Livingston Road to south. An east-west link coupled with the extension of Whippoorwill Lane to the boundar 4 2O00 the proposed Livingston Woods PUD will provide property owners fronting Livingston Road, direct access to Livingston Road to access commercial facilities located at the intersection of Pine Ridge Road and Whippoorwill Lane, without having to travel on Pine Ridge Road. The proposed east-west link will also serve to integrate neighborhoods within the area, while providing for efficient traffic circulation and alternative routes to access nearby commercial facilities. The PUD document should establish a commitment to a proportionate sharing of costs of infrastructure improvements. This includes the establishment of a public, local collector road consisting of the improvement of Whippoorwill Lane to the project's northern boundary and the establishment of a public local collector road south and near parallel the Section line between Sections 18 and 19 and the Kensington Canal, or alternative locations as described in staff's stipulations. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Preliminary staff analysis indicates that there could be sufficient storage of stormwater discharge through various existing canals and nearby lakes provided stormwater management is properly planned to address the cumulative impacts proposed by development of land in the area, including the water runoff resulting from the Future Livingston Road. The existing Kensington Canal which runs east-west between the proposed Livingston Village PUD and Balmoral PUD is a private drainage easement for which the County is currently in the process of obtaining rights pursuant to the need for drainage for Livingston Road. Should the County fail to obtain usage rights and/or additional land area to expand its capacity, stormwater runoff from Livingston Road will have to be accommodated otherwise. An area-wide master plan will allow developers and the County to properly plan for and obtain necessary easements and land in order to properly accommodate stormwater flow from property in this area. It is the desire of the County and the South Florida Water Management District that planning and permitting for stormwater management and utility expansion occur in a comprehensive manner, incorporating all planned and approved developments in an area-wide stormwater management plan and utility expansion plan. 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. Staff's recommendation incorporates stipulations which would require the development to perform certain actions as a condition of approval which would address stormwater concerns on an area-wide basis. 2000 Pi~. ~ HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed by the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reViewing the determinants for adequate findings to support a rezoning action advise as follows: A~A iTEM 6 14 2000 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 subject property is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The majority of the site is vacant and vegetated. The PUD document indicates the proposed development plan for the 19.58-acre site is for single family and multi-family development with customary accessory uses such as common facilities for recreational uses and open space. Residential development on the site is planned to occur within approximately four (4) development tracts throughout the site surrounding a lake and abutting a vegetated preserve area. The residential development areas are primarily located along the boundaries of the site, extending internal to the site surrounding a 2.74 acre lake. The preserve area is located adjacent to northeastern property boundary. The total preserve area is planned for approximately 4.9 acres. The maximum building height is limited to 35 feet for single family dwellings and 40 feet for multiple family dwellings. The maximum height for structures in the Recreation area is 35 feet. Access to the site is proposed from the future extension of Livingston Road and is proposed to be shared with the proposed Balmoral PUD, abutting the site to the south. On-site circulation functions primarily in a looped or circular pattern throughout the development. The entrance from Livingston Road leads along a shared access drive then tums north into the subject site. The project will dedicate approximately 30 feet in width of land along its western boundary for the future extension of Livingston Road. The applicant proposes to architecturally unify the structures, signage and landscaping throughout the project. With respect to compatibility issues, staff' is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. Traffic: While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Land and an east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that suppor s ~ decision to deny or phase development event though we realize that the aggregate projec :s 7 proposed in this area will have a significant impact on an already deficient Pine Ridge Road, because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Regardless, these conditions are specifically allowed to exist under policies in the Growth management Plan. That is not to say that project could not be phased to minimize these impacts; however, at this point in time, staff is unable to develop a phasing plan that would equitable serve all of the proposed projects in this area, and further recognizing that one project is already approved with 462 dwelling units. Utility Infrastructure: The project site will be served by a full range of services and utilities provided by Collier County. All development must comply with surface water management requirements invoked at the time of site development plan approval. Staffs recommendations as a condition of approval advocate an area-wide master plan for the extension of utilities and a comprehensive stormwater management plan and permitting for the subject site and surrounding proposed development. Community Infrastructure and Services: The project site is located approximately 2 miles from Activity Centers located at Pine Ridge Road and 1-75 and Pine Ridge Road and Airport Pulling Road. The site is less than 1/2 mile from commercial development fronting Pine Ridge Road from the future extension of Livingston Road. The subject property has access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. Summary_: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multifamily residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of staff's recommendations, the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with urban densities of development at a density of 3.67 dwelling unit,, acre. 8 STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation to the Board of County Commissioners for approval of Petition PUD-99-15, Alexandria PUD with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: 1. Pursuant to Section 2.2.20.3.7. of the Land Development Code, the value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne on a proportionate basis established on a land area square footage contribution by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Prior to application for Preliminary Subdivision Plat approval, the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County. In the DCA, it will be agreed to and determined that any short fall between impact fees and the actual cost of constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis or by other methodology determined by Collier County and agreed to by affected property owners. This requirement shall apply to all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. o Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Should it become necessary to acquire land or construct facilities that are in excess of the drainage requirements of any particular development, then the costs for those added requirements will be proportionately shared by benefiting property owners. Said costs and prorata share shall be determined by and payable to Collier County prior to the issuance of any building permits to a benefiting property owner. Said costs with area-wide benefit incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement o A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Said prorata costs shall be determined by and made payable to Collier~ County prior to the issuance of any bmld~ng permits for a benefiting property. ~md Ol~,ts~ 9 ,, ~ ~ 10. with area-wide benefits incurred by a_particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement. A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Both of these actions shall take place prior to the approval of any subdivision plat or site development plan. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector or Arterial Road and must be a minimum of 100 feet from a public right-of-way. Section 3.6 of the PUD document shall be revised to reflect the above stipulation. The PUD Master Plan or appropriate section of the PUD document shall be revised to show 15 feet of compensating right-of-way for a northbound turn lane along the western property boundary. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant 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 shall be considered site related, and there shall be no road impact fee credit to the applicant. Section 4.3.C. on page 20 of 26 of the PUD document shall be revised to read as follows: Maximum Height: Three (3) stories for a maximum height of 35 feet. Unconstrained roadway access from the Alexandria PUD to the project to the south (Balmoral PUD) shall be provided by the property owner of the Alexandria PUD. The petitioner shall clarify either on the PUD Master Plan or within the PUD document that the shared access between the proposed Balmoral and Alexandria PUD's shall be limited to right-in and right-out access from the proposed Livingston Road unless otherwise approved by the Transportation Services Director at the time of Preliminary Subdivision Plat approval. 10 PREPARED BY: CHIEF PLANNER L F. CURRENT PLANNING MANAGER DATE DATE R6BEi~T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPRO/VED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. DATE Petition Number: PUD-99-15 Staff Report for January 20, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the February 8, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 11 REZONE FINDINGS FOR PETITION PUD # 99-15 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Summary~ Findin£s: Existing: The site has a Rural Agricultural (A) zoning designation. The site is heavily vegetated. Zoning Land Use Surrounding: North - Rural Agricultural (A) Single Family residential South - Rural Agricultural (A) Vacant; under rezoning Consideration for residential PUD ~ 3.88 du/acre East - Rural Agricultural (A) Lake; Vacant, vegetated West - Future Livingston Road ROW ROW; FPL Easement; Kensington Park PUD 12 2000 The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Nearby the subject site to the south and west are existing single family and multiple family residential development/golf course communities generally developed at densities between 1.34 and 1.54 dwelling units per acre. Abutting properties to the south and east are proposed for rezoning to residential PUD's at densities ranging from 3.62 to 5.51 dwelling units per acre. The proposed density of 3.67 dwelling units per acre will be compatible to those projects upon their approval, and is compatible to similar urban densities associated with non-golfing communities throughout the County. 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is adjacent to future residential development to the south and east, and existing residential development to the north and west. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. They allow for the dedication of right-of-way for the future Livingston Road extension and preservation of an existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 13 A~-Eh~A ITL~91 MAR lq 2000 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south and east. Con: None. Summary_ Findines: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. (ii) Access to the subject property is will be shared by the subject site and the property to the south, eliminating the need for an additional entrance onto Livingston Road. Con: The subject site is part of a pattern of development which is occurring simultaneously within the same area. There is a need to address area wide transportation, stormwater and utility extension requirements on a cumulative basis. Conditions of approval as recommended by staff in this report are intended to facilitate cooperation between property owners in order to address level of service concerns as a cumulative impact with regard to transportation, and an area-wide stormwater management and utility extension plan. Summary~ Findines: Level of service issues which occur from development within this area on a cumulative basis, as well as planned utility expansion and stormwater management issues, should be able to be addressed provided proper utility easements, stormwater management facilities and road right-of-way is secured prior to any substantial development occurring within the general area. 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. In the final analysis all projects are subject to the Concurrency Management system. 14 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Development within this area happens to be occurring simultaneously. It is the desire of the County and the South Florida Water Management District that planning and permitting for stormwater management occur in a comprehensive manner, incorporating all planned development in an area-wide stormwater management plan. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Staff's recommendation incorporates stipulations which would require the development to perform certain actions as a condition of approval which would address stormwater concerns on an area-wide basis. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findines: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. 15 A~A IT~ MAR 1 Summary_ Findings: This is a subjective determination based upon anticipated results which may be intemal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findin_es: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin£s: The subject properly is not undevelopable under its current zoning designation. Surrounding properties south and west of the site are already developed with land uses of a similar nature. 16 2000 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary_ Findines: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findine_s: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary Findines: Sanitary sewers and municipal water utilities are available to serve the development, upon their extension. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 17 FINDINGS FOR PUD PUD-99-15 Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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) The subject site is located within the same neighborhood as existing residential development to the east, west and south. (ii) (iii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Several similar projects are under review at this time for zoning approval to PUD which would allow similar types of development at comparable densities. Con: (i) Traffic and access, drainage, sewer, water and other utilities should be addressed on an area-wide, cumulative basis. Several projects in this area are under consideration for a rezoning action to allow residential development. Cumulative impacts of development of all of these projects will have considerable impact on traffic and access, drainage, sewer, water and other utilities. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions recommended by staff in the staff report should provide assurance that all infrastructure will be developed and be consistent with County regulations for the region as a whole. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 18 ge 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. FindinR: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Finding: The subject petition has been found consistent with the goals, obi ectives and policies of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Findine: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 19 A~A i°~ 0 ge The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements automatically triggers thc mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. Additionally, staff's recommendations concerning transportation, stormwater management and utility extension should help assure the adequacy of available improvements, both public and private, on an area-wide basis. 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. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Recommendations by staff have been made as conditions of approval which should insure the ability of the surrounding area to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Findine: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for similar residential structures. 20 APPLICATION FOR PUBLIC HEARING FOR: PUDLRE2'ONE Co~ssion Disthct: Pl~er ~signed: ~q~ / ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Dean Huff. Trustee Applicant's Mailing Address: 3411 N. Tamiami Trail City: Nap_les State: Florida Applicant's Telephone #: 941-659-$323 Fax: Name of Agent: Michael 1~ Fernandez. AICP Firm: Agent's Mailing Address: City: Naples Agent' s Telephone #: 5133 Castello Drive. Suite 2 State: Florida 941-263-6954 Fax: Zip: $4103 p41-659-$324 Planning Development. Ina Zip: 34104 941-263-6981 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES / CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FLORIDA 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 M .2 Page Name of Homeowner Association: Mailin8 Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address City State ~ Zip City State ~ Zip City State __ Zip. Name of Ma~ter Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State __ Zip Disclosure of Interest Information; ac 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 Page 2 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address 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 James J. Dovolis, Trustee Percentage of Interest $0% Wales Trust $0% Carol Knutson. Co-Trustee .29% Jean Youn~er. Co-Trustee 20~ Marcia Mecheoq 2~ Marilvn Whitehurst 20% Connie Scott 20% 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZON~ - 5/98 If there is a CONTRACT FOR PURCHASE, with aa 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 Percemage of Ownership J. D. Nicewonder 100 % Date of Contract: December 3. 1998 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 (X) leased ( ):/0/25/9/ Term of lease Yrs/mos If, Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and date 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 heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplememal disclosure of imerest form. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 e Detailed le_eal description of the .uro_oertv covered bv the a_o_nlication: (Lf 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: 18 Township: 49S Range: . 26E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Please see attached Exhii/Jt "4" Size of property_: 1.2Dg± ft. X 660 ± f~. =Total Sq. Ft. ~ Acres 19. 58 ± Address/general location of sub_iect property_: &800 ±feet south of Pine Rid~_e Road and 9.100 +feet north o£ Golden Gate Parkway_: with 660 ±feet of_frontage on the east side of the future Livingston Road Adjacent zoning and land use: Zoning Land use N A Equestrian Center S A , Vacant- Undeveloped E ~t Borrow Pit Future Livineston Road APPLICATION FOR PUBLIC HEARING FOR PUll .~ZONE - 5/98 Page 5 Does the owner of the subject property own property eomiguous tO the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO 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 A - A~c#lture zoning district(s) to the PUp zoning district(s). Present Use of the Property: Vacant- Undeveloped Proposed Use (or range of uses) of the property: Res/dent/a/ Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations ~t~.DC Section 2. 7,2,~) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth managemem plan. 2. The existing land use pattern. 3. The possible creation of an isolated distr~ct unrelated to adjacent and nearby districts. APPLICATION FOR PUBLIC l:l~ARING FOR PUD I~ZONE - 5/98 STATEMENT OF UTIIJTY PROVISIONS FOR pUD REZONE REQUEST Name of Applicant(s): Dean Hu_ff. Trustee Applicant's Mailing Address: 3411 N. Tamiami Trail City: Nap_le~ State: Florida Zip: ADDRESS OF SUBJECT PROPERTY (W AVAH.ABLE): 34/02 Section: 18 Township: 49S Range: 26E Lot: Block: Subdivision: Plat Book Page Property I.D.#: Metes & Bounds Description: Please see attached Exhibit ",4" TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Apphcable System): a. COUNTY UTILITY SYSTEM X 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 X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME: d. PRIVATE SYSTEM (WELL) [] APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 TOTAL POPULATION TO BE SERVED: 2.2x 7# = ~72 2.2 x (# units) PEAK AND AVERAGE DAILY DEMANDS: A. WATER - PEAK: lOd64_evd AVEKAGEDAILY: 78 x Z2 x154 = 26.426 eallons B. SEWER - PEAK: 6,607 gpd AVERAGE DAILY: 78 x 2.2 x 100 = 17.160 ua, lions IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: October, 2000 10. 11. 12. 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 DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the Collier County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The Written Notari~d Statement ~H be Provided Prior to Aooroval 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5198 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NoT COPIES REQUIP~D REQUIRED 1. Completed At~lication 15 X 2. Co[~' of Deed(s) and list identifying Owner(s) and all 1 X Partners ff a Corporation 3. Completed O~aer/Agent Affidavit, Notarized 1 X 4. Pre-Application Notes/Minutes 15 X 5. Conceptual Site Plan N/A X 6. Environmental Impact Statement - (ELS) 4 X To be provided under separate cover. 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 and Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Feimits N/A X 12. Architectural Rendering of Proposed Structure(s) N/A X 13. Application Fee, Check shall be payable to Collier 1 X County Board of Commissioners 14. Other Requirements - 4 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 nece~ary ~bmittal information may result in the delay of processing this petition. APPLICATION FOR PUBLIC H~ARING FOR PUl) ~NE - 5/98 Page 16 .__~.,~_~ &PPi.~f~&TIODI Ir~ Pt;gt_lf~ Mlr~Lltihif~_JrOll fl~o pr-2~21~ll~ Apr-05-99 02: 50P OEAN C HUFF 374. N~tmv o.I Notary P. bfic ) Pa.~e I 7 At3r-Os-gg 02: 33P DEAN C HUFF P.O6 . .~;en~. ~¥: ~'~ann3. rgLleVelOpmemt gz$2636981 04/02,/~9 16:$~ J01:374 Page C H',, /, Jean .younQ-er hein%.fir.w Huh..~worn. d~po.~e ,md .sqV th,~y ,.e 1 an,.~e /tm (~,ners ~ /hc l,rOl*ern, described i~,'~t~'st trod true to t~' best of o,tr i,~,.'ledge u, ut ~h~f ~e I ~tt~lerx/~M 1~/ the t't)~/leJ~r of rhiq'fi,rm, whether computer generated ~ Com~(v l~'mted tt~dl m~/ he altered · '~3' ]Jrt¢~r(v o~'t~r S~e I,fitrt/tc'r ,tttlJRJtJ~' ~m~ i)~elt~m~n~ lacerated Micha¢l R:.Feman~z. AICP . /u ~tttt a~ oar re~ardi,A, Ihty ?ellttott. Jo~fn Youn~r Jean Youn~e,r J)?~*'d ,*r I 'rimed ,¥ctme o.f ('h*'m; r .5'rate o. 1' Minnesota ( 'ou.~v of Renvi 1 le 7'he f,,'ego,,,g msmume,,, ~.a.; acb,~,lcdgcd bqh,re me tm.~' J ~ dqv ,~f . .Apri 1 1999. 3y . ...... ].ean .Younger ..... .,hr, lnl~r&o~d~¥~tow, FlorMa) NESOTA ~ (Prl~t. I ~ ~ ~U~ t Name qfNotan' ~ ~ ~/31/2000 I .... Page: 1 7 MAR £2 -3 1 2 4 5 6 ? 8 9 0 1 2 3 4 5 7 8 9 0 1 3 4 5 6 ? 9 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 NI_J]V[BER 9618 N.; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ALEXANDRIA PUD FOR A MAXIMUM OF 72 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTLFRE LIVINGSTON ROAD EXTENSION, (C.R.-881) SOUTH OF PINE RIDGE ROAD (C.R.-896) AND NORTH OF GOLDEN GATE PARKWAY (C.R.-$86), LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.58+ ACRES; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, Michael R. Femendez, AICP. of Planning Development, Inc., representing Dean Huff, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County., Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from A to "PUD" Planned Unit Development in accordance with the Alexandria PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9618 N., as described in Ordinance Number 91-102, the Collier County Land Development Code. is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- I i PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flor/da, this day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency MarJot~le M. Student Assistant County. Attorney g~'admiw?UD-99-15, ORDINANCE/SM/ts -2- ALEXANDRIA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MAS~ PLAN GOVEKNINO A PLANNI~D UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF 'THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepartni For:. Dean Fluff, Trustee 3411 Tammm~ Trail North Naples. Florida 34103 Prepared By: .Michael IL FemanBez, AICP of Pumi~ Oe~ekpme~ hcm-po~ 5133 Ca~teAloDnv~ Suite2, Naplm. Flm'tda 34103 941 / 263-6934 941/263-6981 fax DATE APPROVED BY BCC ORDINANCE NIIb~ER AMENDES AND REPEAL DOCUMENT DATE PUD99- 15"~ EXHIBIT "A" TABLE OF CONTENTS SECTION PAGE # of 26 TABLE OF CONTENTS & LIST OF E~ITS STATEMENT OF COMPLIANCE I II III' IV V 2 3 5 7 PKOPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS 14 AMENITY TRACT: DEVELOPMENT REGULATIONS 19 PRESERVE TKACTS 21 DEVELOPMENT COMMITMENTS 22 LIST OF ExI-m~ITS / ATTACHMENTS EXHIBIT B EXHIBIT C PI. rD Master Plan Location Map Page 2 of 26 STATEMENT OF COMPLIANCE The development of approximately 19.58 acres of property in Collier County, as a Planned umt Developmem to be known as Alexandria will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehenaive Plan. The residenual facilities of Alexandria will be consistent with applicable comprehensive planning objectives of each of the elemema of the Comprehensive Plan for the following reasons: The project development is compatible and complementary to existing and furore surrounding land uses as required in Policy. 5.4 of the Future Land Use Element. Alexandria PUD implements Policy. 5.6 of the Future Land Use Element in that a mimmum of sixty (60) pereem of the project will be open space. The su~je~ property's location in relation to existing or proposed commumty facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development will result in an efficient and economical extension of eormmmity facilities and services as required in Policie~ 3.1.H and L of the Future Land Un Element. The project will be served by a complete range of services and utilities as approved by the County.. ~ az~ planned w be in compliance with applicable se~ions of the Collier County. Land Devetopmem Code as set forth in Objective 3 oft. he Future Land Use Elemem. All final local developmem orde:'s for this project are subject to Division 3.15, Adequge Public Facilities, of the Collier County Land Development Code. The project ia eompaxible with adjaeem land usea through the internal axrangemem of strueturea, the placement of land use buffers, and the proposed developmem The subje~-'t pwperty ia within the Urban Reaid~ Land Uae Designation aa identified on the Future Land Use Map as required in Obj~niVe 1, Policy 5.1 and Poli~-y 5.3 ofth$ Fum~ l.,amt U~e EI~UI~) ami ther~or~ ia eligible for th~ propoaed demity, for the proj~xx ~ 3.67 mm per acre which ia lesa than the maximum dens~ provided by the FLUE Density I~ Syr,,em contained in the FLUE and therefore is consistent with the Future Lami Use Elemem Policy 5.1. Page 3 of 26 ha summary., be subieet property. ~ an ~ea of 19.58 acres; therefore, the maximum number of units this developmem is eligible for is 75 units and the propo~d development is for a maximum of 72 units. The project si~e will haYe a fler~ity of 3.67 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. ACREAGE UNITS PROPOSED (PER ACRE) 19.58 Acres 3.67 Page 4 of 26 1.1 1.2 1..3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this SecUon is ~o s~ forth ~e location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the projec~ name of Alexandria PUD. LEGAL DESCRIPTION The subject property, being: 'NORTH 1/: OF THE SOLq"HWEST 1/4 OF THE SOUTHWEST I/,~ OF SECTION 18, TOWNSHIP ~9 SOLrI'FL R,~NGE 26 EAST. SUBJECT PARCEL CONTAINS 19.58 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subjec~ property, is currently under the ownership and unified conu'ol of Dee.n Hu~ Trustee, hereiz~er joimly called "appticaz~ or developer". OENERAL DESCRIPTION OF PROPERTY AREA The total site area is 19.58+/- a~'ez and is loc, amd approximaz¢ly 3,800 feet south of Pine Ridge Road ~ 9,100 fee~ north of Golden G-~e Parkway with 660 = fee~ of fi'onta8¢ on ~he furore e:xten.sion of Livin~on Road. Th, is parcel is located w~thin Sec~on 18, Township 49S, Range 2O'E, Collier County, Florida. B. The zoning classiB~6on of the subjec~ prope~ prior to the date of t_his approved PUD Documeat was "A" - Rural Agriculture. PHYSICAL DESCRIPTION The subjec~ property is reta~ely level w/th elev~io~ between 10.00 fee~ and 11.00 feet above mean se~ level. The parcel is veg~. Pa~e 5 of 26 1.6 1.7 Nanual drainage is to the south. Water management plans for the prO~ect shall utilize lake detention areas. The subject property, has the following designation relative to flood - FEMA Flood ,~ea Zone X, Finn Maps 120067 0385D & 120067 0425 D; Dated June 3, 1986. PROJECT DESCRIPTION The proposed development has an area of 19.58 acres and is proposed to be developed concurrently with the extension of Livingston Road. Alexandria shall consist of a maximum of 72 residential units developed as a mixture of single and multi-family homes in a cx~mmumw of individual residential tracts linked by common primary vehicular and pedestrian circulation and shared open space and common recreational amenities. Each residential unit will be served with centrally provided potable water, sanitary sewer and electric power. Additional services will be provided as appropriate. A minimum of 4.85 acres of existing vegetated area will be retained on site. The project will be accessed from the future Livingston Road. The aec, ess shall be shared with the parcel w the south and the location of the access shall be the common property line of the two parcels. This Ordinance shall be known and cited as the "Alexandria Planned Unit Developmem Ordinance." Page 6 of 26 SECTION Il PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 The Ixtrpose of this Section is to delineate and 8enerally describe the project's plan of developme~ reiati~s to applicable County ordinances, the respective land uses of the tra~s included in the project, as well as other project relationships. ~ons for development of Alexandria PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County. Land Develo!~nent Code (to the extent it is not inconsistent with the PUD Ordinance) in eSect at the time of issuance of any development order to which said reffulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definkions of all terms shall be the.same as the definiu~ set forth in Collier Coumy Land Development Code in effect at the time 0fbuilding permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Alexandria shall become pan of the regulations which govern the manner in which the PUD site may be deveio!~i. Unle~ modifi~ waived or excepu~ by tim PUD document or azsochued ~ the spplic~ble piomion~ of other section.~ of the L~nti Development Code remain in full force and effect with respect to the development of the Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provin'ons of Division 3,15 Adequate Public Facilities of the Land Developmeaxt Code at the earliest or next to occur of either SDP approval final pint approval or buikling permit issuance applicable to this development. Page 7 of 26 2.3 The devetopmem o£ anv trot or p~cel approved for residential development contemplazing fee simple ownership of l~nd for each dwelling unit shall be required to submit anti receive approval of a Preliminary Subdivision Plat in com~ms~:e with the req~-eme~s of Division 3.2 of the Collier Counw Land Development Code prior to the submittal of corusm~cUon plans and a final plat for any pomon of the ~ract or parcel. DESCRIPTION OF PRO/ECT PLAN AND PROPOSED LAND USES The project Master Plan, including and use of land for the acreage noted, is iljustrated graphically by Exhibit "B", PUD Master Plan. 'I'~LE I: ALEXANDRIA ESTIMATED LAND USE SUMMARY TKACT LAND USE APPROXIMATE ACREAGE R1 (includes lalm) R2 R4 AMENITY PRESERVE A PRESERVE B RESIDENTIAL RESIDENTIAL RESIDENTIAL KESIDENTIAL RECREATIONAL WETLANDS & UPLANDS UPLAND VEGETATION 4.2 3.0 2.0 4.6 0.9 3.4 1.5 19.6 Note A. The Maxamum Number of Res~ Uruts Within the PUD: 72 Uni~, Approximately 3.67+/- umu Per Acre. The Number of Un~ And lm~msity of Umm per Acre Within Specific Residmna[ Tmcu May Be Vaned Provided The Number Within The ~:ntire PUD Doe~ Not Exceed 72 Un~. Residenlial u'act acre~e includes buffers, preserved are~ other open space or recre~onal areas, roads and ~ management sy~ems. The total ~ acute was utilb,~l in the det~'nfin~on o£residemial density. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangemem of these land areas is shown on tl~~Plm ~ ~B"). TI~~~~~ m ill~ prethnin~ devdopme~ ~ Desisn crit~4.a and layou~ th~ is illu~u-sted on th~ Master Devetopmem Plan and other extdbks suppomnff this project slmll be underwood to be flexible so that final design may sstisfij development objectives and be consistent with the project development, as set forth in this document. Page 8 of 26 2.4 Modificauon to all boundaries may be permitted at the time of Preliminary. Subdivision Plat or Site Development Plan ~proval. subject to the provisions of the Collier County. Land Developmem Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit 'B", such easemsm~ as necessary (utility,, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. DESCRIPTION OF PROJECT DENSITY No more than 72 residenou3 dwelling umts shall be constructed in the 19.58 +/- acre project area. If all dweiling umts are constructed, gross density will be 3.67 units per acre. DEVELOPMENT SCHEDCLE The applicant estimates completion of improvements to the prope~x'y should occur within five (5) years. Year "one" (1) is the year Livingston Road construction adjacent to the me is completed. Current County Public Works Department estimates that this Livinsston Road segment should be completed by October of 2001. Ye. ar Umts Cumulative Total 2.6 2.7 1 10 10 ~ 15 25 3 20 45 4 20 65 5 7 72 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Lahd Development Code, Section 2.7.3.5. gELATED PROJECT PLAN APPROVAL REOLffREMENTS Prior to the recording of a g~,ord Plat, ~d/or Condominl-m Plat for ail or pm of the PUD, final plans of ali required improveme~r,s ~ receive approval of the appwpnate Collier Cotmty govemtmmml ~g~xmy to ensur~ ~ with the PUD Ma~ter Plan, and ~ applicable, the Collier County Subdivision Code and the planing laws of the State of Florida. Page 9 of 26 2.8 Exhibit "B", PUD Maszer Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval a Preliminary Subdivision Plat, if applicable, shall be submitted for 'the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County. Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier Coun~ 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 ora building permit or other development order. Appropriate insu'umems will be provided at the time of infrasuucture Lmprovernents regarding any dedications and method for providing perpetual- maintenance of common facilities. Desi_m~ and construcuon of all improvemems stroll be subject to compliance with the appropriate provisions of the Collier County Land Developmem Code Division 3.2. MODEL HOMES AND SALES CENTEP~ Model hom~ sale centers and other uses and structures related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking ar~as, terns, and si~, shall be permitted principal uses throughout Alexand~ mbject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land Development Code. Model homes/model centers including sales center shall be permitted in conjunction with the promotion of the development subject to the foilowin&: Single Family Models may be constructed alter administrative approval of a plat and conm'uc~ion plans, prior to r~cordin8 of a plat. Bo Models may be permitted as "dry models" and must obtain a conditional certifi~e of occupancy for modal purposes only. Mode/s may not be an oooupied unit until a permanent certificate of occupax~ is issued. Models may not be ,_~u-,m_ as "sales offacee' without approval by and through the Site Development Plan proce~..The SDP proce~ ~ not be required for single family dry models [mrp. ia~ to ~ Seczion. Temporary access and utility easenems may be provided in lieu of dedicated fights-of-way for temporary service to model homes. . - Page 10 of 26 2.9 Ia addison to ~e use of model homes as sales ofrices or centers, a sales office or center may be maintained on-site /'or the sales, marketing and administration of recreation club memberships. LANDSCAPE BUFFE~. BERMs. FENCES. WAI ,I.$ AND GATEHOUSES Landscape buffers, berms, fences, walls and gaIehouses are generally p~mined as a principal use throughotn the Alexandria PUD. Along the PUD boundaries, the landscape buffers, berms, fences and walls thai may be installed shall have equal trealmem and maintenance of the inierior and exlerior of said landscape buffers, berms, fences and walls. The following standards shall apply: A. Berms shall have the following mammum side slopes: Grassed berms over two feet in height - 4:1 Landscaped berms - 3:1 Rip-Rap berms - I: 1 Stmcnu'al walled be~ a~s may be vertical Required buffer planting area - 4:1 B. Height of Landscaped Berms and Depth of Swales: A 4:1 slope shall be required for bertns and swales, except under the following drcum.stances: The maximum height of the berm is four feet, as measured from existing grade, if a 3:1 slope is utilized and the berm is landscaped. The maximum depth of a swale may be four feet, as measured from existing grade, if a 3:1 landscaped slol~ is utiib,ed. A 3:1 slope is also permitted if the height of the slope is two feet in height or less or if the open channel is two feet in height or less. C. Fene~ or wall mammum height: The maxim~_~m height for all w,,li~ ~ f~ne~s around the perimeter of thc development shall be elgh~ (8) fee~ ~ve the ~ grade level of the nearest street. Wails and fences within the development shall conform with Collier Coumy Land Developmem Code requ/remetms. D. Fence or wall setbacks: Fences, walls and gmilar structures shall lmve a minimum of a 5 foot setback from devdopmem bound~es where adjacem to public right-of-way and a 2 foot setback from all other land uses. Paffe 11 of 26 2.11 LAKE Pedestrian sidewalks, bike paths, water mananjement facilities and structures may. be incorporaIed into the required landscape buffer areas, consistent with Section 2.4.'7.3.4 of the Land Development Code. Gate~ouses and access control mu~res shall have no required setback from edfe of pavement or back of curb. SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. Lakes may be excavated to a maximum depth of twenty (20) feet. Removal of fill fi'om Alexandria shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation p~u,it is received. All setbacks shall be measured from the location of the contour of the control elevation of the lake. The required setback to any fight-of-way, roadway or access easement may be twenty-five (25) fe~-t if supported by design calculations mbni'ned at the _time of development plan review. The required setback to any extended property lines may be tw~nt'y-fiVe (25) feet if the property tine is properly fenced. The requh~ seiback ~o any property tine or tract line imernal to the Alexandria development shall be zero feet, except that a 20' lake maintenance ea.~ment must be created and maintained. ~I]~L STORAGE F'tl stora~ is generally, permitted as a principal use throughout the Alexandria PUD. Fill material generazed may be stockpiled within areas designated for residential development upon ismance ora Clearing and ~ Permit. The following standards A. Stockpile maxinmm side slopes: 3'1 B. Stodcpile maxinmm height: Thirty-~e (35) feet Fill storage areas shall be scr~ned with a seomty fence at least six (6) feet in height above ground level, except as may otherwise be approved by Collier County Engineering Review Services pursuant to a submitted grading and filling plan. Soil and erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. Page 12 of 26 2.13 2.14 2.15 2.16 2.17 The Alexandria pLrD is proposed to be served bv a singular access point from the fi. nure Livingston Road. The location of the access is to be approximately centered on its southern property, line and shared with the development parcel located rrnmediaIely south of the Alexandria pLrD. ASSOCIATION OF PROPERTY QWNI~RS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common imerest to all of the subsequent purchasers of property within said development in which the common imeresz is located, that developer entity shall provide appropriate legal instmmems for the establishment of a Property. Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the proXasions of the Collier County Land Development Code, Section 2.2.20.3.8. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, street trees and water management facilities shall be the responsibility, of the Developer, its successor~ or assi~,. The Developer, its successors or assigns, shall retain copies of the project's master plans for common facilities and thek associated maintenance programs / requirements. EASEMENTS FOR LrTILIT[ES .MI necessary, easements, dedicaUons, or other instrumema shall be granted to ensure the continued operation and maintenance of ail service utilities m compliance with applicable regulations in effect at the time of devetopmem approvals. OPEN SPACE REQUIREMENTS A combinalion of the lakes, landscape buff'er~ and oth~' open space shall m~'~ the six~ (60) percent open space requiremem for developmem as s~ forth in Section 2.6.32.2 of the Collier County Land Development Code. Open space shall include all pervious green space within development parcels and lots. Page 13 of 26 3.1 3.2 3.3 SECTION 1TI TRACT R RESIDENTIAL DEVELOPMENT REGULATIONS The purpose of this Section is to identify specific development sumd~ds for the areas designated as Tracts "RI", "K2", "R3" and "R4" on the PUD Master Plato Exhibit DWELLING UNIT~ The maximum number of dwelling units that may be constructed within this 19.58 acre project is 72. USES PERMITTED Residential areas designated on the M~ter Plan are to accommodate a full range of residemial dwelling units, recreational facilities, essential services, customary, accessory uses, md compatible land uses. No building or structure, or pan thereofi shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Residential dwellings, including single family, attached and detached, duplex ~nd two family dwellings, townhous~, zero lot line and multi- family dwellings, including l~rden apartments. Guardhou~ and entrance Any other use which is comparable in nature with the £oreBoin~ uses and which the Developm~ Services Director delermi~es to-be compatible. B. A~ry U~: (1) Uses and structures that are accessory and inadental to uses permitted as of fight, including private g~rs~es. Page 14 of 26 (2) Recreational uses and facilities ~uch as SWimming pools, tennis 6ourts, children's playground areas and similar facilities that serve as an im _c~ part ofa residenual development. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. (3) Essential services, including imerim and permanem utility, and maintenance facilities. (4) .4~nv other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compat/ble. C. Conditional Uses: ( 1 ) Churches and other places of worship. (2) Schools, public and pnvate. (3) Social and fi-aternal organizations. (4) Child care centers. (5) Adult Living Facilities. 3.4 DEVELOPMENT STANDARDS Alexandria PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into all residential structures. Buildin~ will featu~ ~ and cormpl~tary desi~ etem,mts such as roof treatments, building materials and building colors. To reduce mass, arciiiecv, z~ design ~ such as articulaI~ roof lines, balconies, building offsets, and unified landscaping will be p~ovided. The individual buildinSs may vary in size *~_ configuration. Table il sets forth the development standards for land us~ within the "R' Residemiai District within the Alexandria PUD. From yard setbacks in Table ri shall be measured as follows: If the parcel is served by a public or private fight-of-way, the setbac~ is meamred from the adjacent right-of-way line. Sidewalks shall be located, within the fight-of-way or an easement approved by the Devetopmem Servic.~ Director. Page 15 of 26 If :he parcel is served bv a non-planed private drive, the setback is me~ured fi.om the back of curb or edge of pavement. Ii'the parcel is ser~'ed by a platted private drive, the setback is measured fi.om the ro~i easement or property~ line. Carports are permitted within parking areas. (b) Garages are permitted at the edge of the vehicular pavement which provides access to a desi~ated parking space. (c) Generally, principal buildin~ shall be set back a distance su~cier~ to provide mo (2) back to back parkin~ spaces, one of which may be in an enclosed space. Parkin~ spaces and privaIe driveways shall be of sufficient length so thai vehicles are not parked across an abutting or intersecting sidewalk. Pa~e 16 of 26 T.M3LE II Deveiovment Standards for Residentiai .areas desimaated as "R" Tracts on the PUD Master Plan.. single 72m Lot Two Famalv & Single Farmly Mulu-fan~ly Famaiv Line ~cn~ To~o~ ~ ~t ~ (Sq.Ft.) 5.~ 3,5~ 3,5~ (~ ~t) 1,8~ (~ 43.560 Mimm~ Fret Y~ ~ 20 20 20 20 20 F~t Y~ f~ Si~ ~ ~se 20 15 15 15 15 R~ Y~ ~ 20 20 20 20 20 R~ Y~ Set~ I0 10 10 10 10 5-~ ~,. 0~5 5- i ~, 0or5 I0 Side Y~ S~ A~s~ ~m Hm~ (~ ~d 35 35 35 35 40 A~) 2~-~.R. 3~-t1~.~ ~ ~~~ I0~ 10~ 10~ 10~ 10~ S~ V, SB~ ~ SB~ ~ ~ ~ SB~ ~ SB~ BI-I: SB~ NOTES: Bm]dm~ HCXght Sum ofBmldi~ l-t~i~h~ - Ccmfl~aed l~-*ight of two ~dj~.~m ~ f~r the pm'po~ of dctemamm$ ~-,tl~r.~ ~ ~ m be al~liefl by. the Cu.m~er Serviee~ Dep~maem duri~ a~ a~heanma for a builai~S tm'nnt 2. All dist~ee~ m'e m fee~ ml~ otl~-~ note~ Zero feet(O')ora mmim, nn office feet (5') on either side exeef~ that where the zero foot (0') yn~d opuon is utilized, the opp~te ,~-&" or' the stmatn~ ,~,n ha~ a ten ft~ (10') yard. Zero foot (0') ymab may be used on e~ther std~ of a strucm~ i:~:mda:leut thCO~lxm~ t~ ~t:~(109 ym.d ~s lx'~a:L Patios, poobmd sc~enendosures may eaa"~---- mMth~ I0' B~~~~~~~~ ~pM~~~~lOf~~ Sim wadlla may. be reduced on chi-de-sac lots prmad~ a m ~ ten~a of 24 feet ts prtr~fled and the average w~dth Ofth~ lo~ is ~ to or ~ ~ ~ minimffii~ ~ Page 17 of 26 3.5 OFF-STREET P.~G AND LOADING PdEOU]2KEMENTS 3.6 3.8 As required bv Division 2.3 of the Land Development Code in effect at the time of building permit application. LANDSCAPING AND BUFFERING REOUIREMENTS West PUD Boundary.: 20 foot minimum width Type D buffer. The buffer shall be constructed on a berm having a minimum height of 2 feet above the water managemem control elevation. Required shade trees shall have a minimum height at installation of 16 feet. East, South and North PUD Boundaries: 10 foot minimum width Type A buffer enhanced by a 5 foot high black or green vinyl coated chain link fence where a security fence has not been provided by the adjacent development. The fence shall be woven between shrubs to screen the fence fi.om view at hedge maturity. The buffer shall be constructed on a berm having a minimum height of 2 fee~ above water managemetn control elevation. Required shade trees shall have a minimum height at ~on of 14 feet. Street trees shall be provided on both sides of ail internal roads or access ways. A street tree master plan shall be included with the application for a Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP) as may be appropriate. ~ of individual ~ ~ be prior to or concurrent with the development of the adjacent dwelling umt or structure in proximity to the roadway or access way. Shade tree~ in proximity to sidewalks or other paved area~ shall be ~ed with a deep root barrier system. Street trees shall be placed at the more re~rictive of one per lot or one per 60 linear feet. A minirmrrn of 50 percent of the tree~ shall be canovy trees with a 14 foot height at installation. Pahns shall have a mimnmm hei~at of18 fee~ at inp..ilation. Trees must be located no more than 10 feet from the edge of pavement to be classified as street trees and shall be installed between the edge of pavema~ and sidewalk when viable. Once installed, should a street tree be displaced or die, they shall be replaced within 12 months. Replacement trees shall minimally meet the original specification requirements, including eo~ with the master ~ee~ tree plan. This tree requiremem is in addition to any other Collier Coumy Land Development Code landscape requirements and shall not be required to meet native species requirements of the Collier County. Land Development Code. ARCHITECTURAL STANDARDS All buildings, fighting, signage, and landscaping shall be architecturally and ~ utifi~ Flat roofs as a primary roof element for buildings and accessory swactmes are Iaxflnt/ied and roof slopes shall have a minimum pitch of 4:1. All pole lighting, internal to the project, shall be architecturally designed and li~ed to a height of 20 feet. Pa~e I g of 26 4.2 4.3 SECTION IV .-~IE~ .aREA TRACT DEVELOPMENT REGULATIONS The purpose of tkis Section is to idenafy specific development standards for the area desigmxed "AMENITY" on the PUD Master Plan, Exahibit "B". USES PERMI~D No building or structure, or part thereof, shall be erected, altered or used, or land used,- whole or m part, for other than the following: A. Principal Uses: Comnmmxv and recreaxional usea and ~i~tiea such as swinmang pools, tennis courts, cMldren's playground areas, clubhouse and similar fac/lities that serve as an integral pan of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences whose residents will have the use of such f~'ilifies. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compat/ble. B. ~ry Uses: (~) Uses and structures that are accessory, and incidental to uses permitted as of right. ~ 2) Essential services, including interim and permanent utility, and maintenance faalifiea. (3) Any other use which is comparable in nature with the foregoing uses and which the Developm~ Services Dir~or detem~ea to be compatible. DEVELOPMENT STANDARDS A. Front yard setbacks shall be measured as follows: If the parcel is served by a public or private fight, of-way, the setba~ is measured ~rom the adjaeem rig,-of-way line. If the parcet is scrod by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted pdvate drive, the setback is measured from the road easement or property line. //,~ff~///7/ Page 19 of 26 D. E, F. G. SetbacKs Front Yara: 2. Side Yard: 3. Rear Yarct: .Maximum Height: Miinimum Lot Width: Mbaimura Lot Depth: .Minimum Lot Area: .Minimum Distance Between Structures: 25 £ec-t 25 feet 25 feet 35 feet or three (3) stones, whichever is least. 75 f~-t 75 feet 6,000 feet 10 feet Page 20 of 26 SECTION V PRESERVE TRACTS 5.1 5.2 The purpose of this Section is to identi/y specific development standards for the areas designated "PRESERVE AREA A" and "PRESERVE AREA B" on the PUD Master Plan, Exhibit "B" USES PERMITTED No building or structure, or part thereo£ shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Prmcir~al Uses: 1. Passive recreational areas. 2. Biking, hiking, nature tralh and boardwalks. 3. Water nmmgemem struean-e~. 4. Native preserves and wildlife ~.nemanes. Supplemental landscape planting, screening and buffering after appropriate environmen~ review. 6. Any other use deemed compm'~ble in nature by the Development serWces Director. Page 2I of 26 SECTION VI DEVELOPMENT COMMITMENTS 6. t 6.2 6.3 6.4 The purpose of this Section is to set forth the development commitments for the development of ~e project. All facilities shall be constructed in accordance with Site Development Plans, Final Subdi~on Plans anti all applicable State and local laws, codes and regulations applicable to this PUD. Except where specitic~y noted or stated otherwise, the standards and specifi~on~ of the Land Developmem Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this document. The developer, ~ suer or assi~ee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or mo&6¢_-,~ions as may be agreed to in the rezoning of the property, in addition any suceessor or assignee in title is bound by the PUD MASTER PLAN Exhibit "B", PUD Master Plan, iljustrates the proposed development and is eone.~tual in nature. Proposed tra~ or spedal land use boundarie~ shall not be final plamng or site development plan application, subject to the provisions of the Land Development Code and ammdments as may be made fi-om time to time. Bo All~~ dedicauom, or other ~ sl~il be Smsed to ensure the continued opermon and maintenance of all service utilities and all common areas in the proje~r MONITORING REPORT AND SUNSET PROVISIONS mo The Alexandria PUD shall be mbject to the Time Limits of Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual momtormg report shall be mbmitted pursuant to Section 2.7.3.6 of the Collier Cotmty I. amd Development Code. Paffe 2.2 of 26 F'ROM ~TANDARD SUBDFV'I~ION 6.6 6.7 DEX, TLOPM]E.NT EXEMPTION PtLAC?ICE,'REGULATIONS The Site Development Plan Division of' the Collier County. Land Development Code shall apply to A~exandria PUD, except for exemptions set forth herein or otherwise granted pursuam to Collier County Land Development Code Section 3.3.3. SUBSTITUTIONS .M/D EXCEPTIONS TO SUBDIVISION REGULATIONS The following design substituuons shall apply: LDC Section 32.8.3.19: Street name signs shall be approved by the Development Services Director but need not meet the U.S.D.O.T.F.H.W.A_ M_sn,,,} on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements are waived. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard ~ht-of-way width shall be ~ (50) feet, LDC Section 3.2.8.4.16.6: The 1~000 foot length for zui-de-sac streets shall be waived. The maximum length shall be 1,800 feet unless extended upon review and approval of the Fire District. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the us~ ora surfisce course of paver brick or decorative concrete pav~m~x. LDC Section 3.2.8.,*.16.12.e: The requirements that grass be required for all non- paved areas oftbe right-of-way shall be waived to allow th~ installmion of de~xa'ative planters and alternative ground cover. LDC Secgon 3.2.8.4.22.9.c: The requirement that drainage facilities in lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of dev¢topmem plan submittal. TRANSPORTATION The deveiopmem oft. he PUD Master Plan shall be subject to and governed by the following conditions: mo Arterial level lighting shall be provided st all project entrances. Installation stroll be in place prior to issu~nc~ of any cenifi~ of occupancy. Board of County Commissioners. The improvements des~'ibed within this Se~ion, unless otherwise noted, are deemed site related and .therefore are not eligibl~ for impact f~e ~'~. - Page 23 of 26 6.8 6.9 Substa~tini comDctem cvmencc shnii be provided by thc developer to the e~ect that the projec~ ~s designed to provide pass-through transmission of historical roadway runoff'. In addition, site drainage shall not be permitted to discharge directly imo any roadway drainage system not speaficaily designed for such discharge. Ga~ehouse facilities, if any, shall be designed and located so as not to cause vehicles to be backed up omo any, public roadway. Safety access to emergency vehicles shall be provided. SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or o~er interference. ,MI signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effea at the time of Site Development Plan approval ~ the following exceptions: Project Identification Signs - Two ground, wall or gate project signs may be located at each project entrance to the development, subject to.the following requirements: Such sism shall contmn only the name of the development, the insigni~ or mo~to of the devd~ and shall not contni~ pwmofio~ or sales mmial. Projea identification sisns shall not exceed sixly (60) square feet, excludin~ m~ surfisces or structures. Where s/gnage is a/~ed or is in an integral pan ora wall or &race, t~ face of'the sign may ~ above the upp~ ~ise of'the wall or fence, but remains subject to height resuic~ions. No project identification signs shall exceed the hdgh~ often (10) feel above the finished grade level of the nem'est slree~. Projec~ ident/fica~on sign~ may be lig~ed, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. ARCHAEOLOGICAL RESOURCES Pursmm to Se~aion 2.2.25.8.1 of the Land Develo~ Code, if, dmin~ the cour~ of site clearing excavation or other construction activity an historic or ~r~hs~ologieal & is found, all development within the minimum area necessary to protect the discovery shall be immedialely stopped and the Collier County Code Enf'o~ Department contax:t~. Page 24 of 26 Eo r V __N ' IRONMENTAL 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 Staff. Removal of exotic vegetation within on site wetlands shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plan.q and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In 'the event that the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County. with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any retained 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 the 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 Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation Approximately 19.4 acres of the subject property remain vegetated. The developer shall preserve a mimmum of twenty-five (25) percent of the total vegetated area yielding a minimum preserve area of 4.85 acres. Permitted uses within the preserve area include: 1. Passive recreational areas. 2. Biking, hiking, nature trails and boardwalks. 3. Water management structures. Native preserves and wildlife sanctuaries. Page 25 of 26 Supplemental landscape plantin~ screening and buffering after appropriate enVtronmental review, ,-~nv other use deemed comparable in nature by the Development Services Director. 6.12 6.13 6.14 WATER MANAGEMENrI' A copy of the approved South Honda Water Management District (SFWMD) Surface Water Permit shall be submitted prior to any Site Development Plan approval. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier Count3,. Ordinance No. 88-76, as amended, and other a~plicable County. rules and regulaxions. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6 of the Florida Administrative Code, and may use potable or m-ig~tion wells. Thc on-site distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries. Said system shall be consistent with the main sizing and any other requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible. POI.I 3NG PLACES This PUD is subject to the provisions in Section 2.6.30 of the Land Development Code. Pase 26 of 26 NOTES: A MINIMUM OF 25 PERCENT OF THE SITE'S 19.4 +/- ACRES OF EXISTING VEGETATION SHALL BE RETAINED. THE LOCATION OF THE PRESERVE AREAS SHOWN .MAY B E MODIFIED TO MEET PERMITTING REQUIREMENTS AND DEVELOPMENT PROGRAMS PROVIDED THAT THE MINIMUM AREA PROVIDED IS 4.85 +/-ACRES. FINALIZED LOCATION OF PRESERVES SHALL BE GRAPHICALLY LOCATED IN THE EARLIEST OF THE SUBMITTAL FOR PRELIMINARY SUBDMSION PLAT (PSP) OR SITE DEVELOPMENT PLAN (SDP) APPLICATION. SEE ALEXANDRIA PUD DOCUMENT FOR RESIDENTIAL DEVELOPMENT STANDARDS. LISTED LANDSCAPE BUFFERS SHALL BE ENHANCED AS PROVIDED FOR WITI:HN ALEXANDRIA PUD DOCUME~. LAND USE TABLE TRACT LAND USE APPROXIMATE ACREAGE RI (includes lake) RESIDENTIAL 4.2 R2 RESIDENTIAL 3.0 R3 RESIDENTIAL 2.0 R4 RESIDENTIAL 4.6 AMENITY RECREATIONAL 0.9 PRESERVE A WETLANDS & UPLANDS 3.4 PRESERVE B UPLAND VEGETATION 1.5 19.6 Note The Maximum Number of Residential Units Within the PUD: 72 Units, Approximately 3.67+/- Uifits Per Acre. Note B. The Number of Units And Intensity of Units per Acre Within Specific Residential Tracts May Be Varied Provided The Number Within The Entire PUD Does Not Exceed 72 Units. ALEXANDRIA PUD EXHIBIT "B" NOTES AND LAND USE TABLE FUTURE LIVINGSTON ROAD II PUD £XHIBIT "B" R 2§ E [ R 20 E PUD DOCUMENT EXHIBIT "C" LOCATION MAP ZO ~: ACRES ALEXANDRIA PUD ENVIRONMEN'TAL ADVISORY COUNCIL STAFF REPORT .MEETING OF OCTOBER 13~ 1999 Item V.B. NAME OF PETITIONERfPROJECT: Petition No.: Petition Nme: App~.~nt/Developer: Engineering Comult~nt: Fa~vironmenUd Comultant: Planned Unit Development No. PLrD-99-15 Alexlmlm ~ Dean Huff, Trustee Swanson & Associates Consulting E%vineen, Inc. LOCATION: ~ subjec~ prol~'rty iz an umievelo~ 19.6 acre parcel loca~ on the eaz~ side of ~ Livingston Road apl~roxm~tely 3,800 feet somh of Pine Ridge Road and 2,300 feet wes~ of 1-75 in Section 18, Township 49 South, Range 26 East, Collier County, Honda. DESCRIPTION OF SURROUNDING PROPERTIES: Suxrounding properties are primarily undeveloped with the following zoning classifications. ZONING DESCRIPTION N - Agricultural Single Family Residemc, e S - Agricultural Undeveloped g - Agncultu~ Undeveloped w- A~ncuitu~ ~um~ ~ Ro~ P,,O.W. / FP&L Tranmmsioa PROJECT DESCRIFI'ION: The app~icam requeam a r~o~m.., m Plam~t Uni~ Deve~ (PUD) m ord~ m comm~ a marmann of 72 single family zad n~i-f~ dwelling un~ a~ a dem~ty of 3.67 un~a 1~ ~ on 19.58 ac~s of land. Accem m tbe s~ will be l~ov~l~d f~an the funn~ ~ Ra~d ~ just north of the W~ PIJ'D. · EAC Meeting ............................................................................................ October 13, 1999 PUD 99-15 Page 2 use classification allows a rmx~e of land uses. specifically single family and multi-family development, recreaUonal uses. and limated commercial land uses. The project is eligable for a base density of 4 dwelling umts per acre as proVMed by the FLUE Dens~ Ranng System. 'I'ne proposed densny for the project is 3.67 umts per acre which is less than the maximum daamly provided by the FLUE, therefore it is consistent with the FLUE Policy 5.1. The development is compatible and complimentary to existing and future surrounding land tm~ as required in Policy 5.4 of the FLUE. The Alexas~l~ PUD mxplements Policy 5.6 of the FLUE in that a minimum of sixty (60) percent of the project will be open space. The project will be served by a complete range of sba-vices and unlities as a~roved by Collier County. VI. MAJOR ISSUES: Water Manatement: This project is located Vathin an area which has been identified as a study area for possa~le conzohdation and control of stormwater ~gement The 'Kemmgton Ditch" is the mare outfall for the Whippoorwill area which ts north of Wymtemere, east of Livingston Road, west of 1-75 and south of Pine Ridge Road. Internal drainage on this project will consmt of a lake for water quality retenuon and peak flow attt~tlUatiorl. Since there are 2.9 acres of SFWMD jUnSdicUonal on site, the project w~ll be reviewed for water management by the SFWMD who have rece:ved a copy of thie staffrepon. gnviromnent~: Site Description: VegetaUve mapping of the property was conducted using 1"=200' scale aerial photographs and by ground truthing m April 1999. Habitats on the subject property include pine flatwoods (3.9 acre~), ~Melaleuca (14.9 acres), and distm'bed land (0.8 acre). Appendix B in tim ElS c. onmm$ an aerial of the s~te w~th FLUCFCS overlay. According to the Collier County. Soils Map, the maly soft type found on the property is Holo~w fine ~ limestone substratum (Soil Map Umt 2). The description of this sod type is found in Appendix D in the ElS. Holopaw frae sand, limestone substratum is listed as a hydric soil by the Natm~l Resource ConservaUon Service office. Ther~ were no clear biological indicators nord within the wetland area to determm~ pres{~ seasonal high water levels. Historical high ~ levels, based on the observed cypress buli~sses ~ the wetland, are at or very near the ground elevation, which is approXmmtely 10.8 feet NGVD. Cun'ently an on-site well momtormg program bas been established to help dafme thc level. Planning Development, Inc. has also rmearched the conn-ol elevation for the surrmmding devest See Appendix E in the ElS for a copy of the i~elimmary water management repnax. A total of 2.9 acr~ of South Honda Water M~aagement Di~ct (SFWMD)/Collier Gmm~ j~aa&ictional w~ have been id~'ntified o~ t~ property. The single wetland is loc~l~i in tl~ EAC Meeung ............................................................................................ October 13. 1999 PL'D 99-I5 Page 3 northeast comer of the s~te and is vegetated vnth a aUXture of pine, cypress and Melaleuca. The acreage of the wetland may be modified as a result of the current well momtormg program~ ApproXamately 24 percent or 0.7 acres of the defined wetland will be maPacted by the propo~d project. The wetland impacts are ~ m Table 3 and iljustrated in Figure 5 of the ElS. Compensauon for wetland tmpacts will include the preservation and enhancement of the remaining 2.2 acres of wetlands on-site. In addit~o~ 2.6 acres of uplands will be preserved. The uphnd and wetland preservation areas will be enhanced through the removal of exotic~ such as Melaleuca and Brazilian pepper. ks pan of the SFWMD penmt for the project, the following wetland rmtigaon momtormg is proposed. Momtormg of the preserved wetland will consist of baseline, nme-zero, and annual mommrmg of vegetatiom VOldlife, ra,nCalL and wetland water levels. The baseline report will document conditions on the project site as they currently exist. The nme-zero report will document the conditaons immediately foUoVang exotic removal. Sampling stations and methodology of data collection will r,mmin the same for the time-zero and annual motfi'todng events. Preservation Requirements: In accordance W~th section 3.9.5.5.3 of the Collier County Land Development Code, the project will retain 25 percent (4.85 acres) of the ex~stmg mauve vegetation on-site. Listed Species: A survey of the property, was conducted on April 2 I, 1999 to identify .species listed by the FlOrida Fish & Wildlife Conservauon Comrmssion (FFWCC), Florida Department of Agncultural (FDA), and U.S. Fish and Wildlife Service (USFWS) as threatened, endangereck species of specml concern, or commercially exploited. The survey included walking meandering transects acrou the property for a coverage of approxtmately 50 percent of the site. The results of the survey found no l~ted Waldlife species on-sxte: however, Big Cypress fox squirrels are known to occur in the general project area. Two listed plant species noted during the survey included inflated Wald pine (T~ b~bli-sialla) and common wild pine (Tillandsia fasculata). The wild pines were scanered about the different vegetation couuTuamnes on-site. VII. RECOMM]gNDATIONS: Stiff re(:Omrr~..'lldS approval of Phumed umt Development No. PUD-99-15 "Alexandrm PUD" W~th the following stipulations: Water M4nqement: That Alexandria PUD obtain a Surface Water Management Pertmt pnor to submittgl of construCUon plato for any sitework. Tht Alexandrm PUD coi~u~its to ~ to l~rticilmte m any consolidation of the ax~de w~ter management system to an equitable ext~nt to be det~',~,ned by the County Waler M~tmgement Dn'eCtor. EAC Me~uag ............................................................................................ October 13. 1999 PL'D 99-15 Page 4 Environmental: Amend section 2.2 (A) of the PUD document as follows by adding the underlined lantm~e. Regulations for development of Alexandria PUD shall be m accordance with the contents of this document, PUD-Planned umt Development Distnct and other applicable sections and parts of the Collier County Land Development Code (to the extent they ar~ not inconsistent W~th the PUD Ordinance) and Growth Management Plan m effect at the time of issuance of any development order to which said regulations relate which authorizes the consla, uction of i .mpmvements. Where the regulations of this PUD Document fail to provide development standards then the provisions of the most similar dismc~ m the County Land Development Code shall apply. Amend the first paragraph m section 2.12 of the PUD document as follows by deleting the Fill storage ~s generally permitted as a principal use throughout Alexandria. Fill materisl generated may be stockpiled W~thin areas designated for residenUal development upon issuance of a Clearing and Filling perrmt...~=r .= ~-.~_ ~ff!~- ~--- '---"~-~ '_ ~.'_-r ~. following standards shall apply: Amend section a. lO (D) of the PLqD document as follows by adding the underlined lanm~age. An exonc vegetation removal, monitoring, and maintenance (exotic free) plan for the site, w~th emphas~S on the conservanoWpreservation areas, shall be submitted to Current Planning Environmental Staff for review and approval Prior to Site Development Plan~Construcnon Plan approval. ~ plan shall include methods and tune schedule for removal of exouc vegetaUon w~thin conservation/preserv~lion a~as. Amend section 4.10 (E) of the PUD document as follows by adding the underlined lant, uate and deleting the:_'=:::_ Approximately 19 acres of the subject property remain vegetated. The developer stroll preserve a minimum of twenty-five (25) percent of the total vegetated area yielding a minimum preserve area of 4.75 acres, penmned uses W~thin the preserve area include: 2. 3. 4. 5. Passive recreational areas F.:~L~ '- ~ .... Biking, hiking, nature trails and bo~-dwalks. Water management structures Native pr~erves and wildlife sancluaries. Supplemental landscape plantm~, ~g and buffering ~ appropria~ Any other use deemed comparable in nature by the Development Services Di~-cto~. 7? EAC Meeting ............................................................................................ Oc'lx)b~ 13. 1999 PU'D 99-15 Page 5 PREPARED BY: STAN CffRZANOWgKI, SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST P~~ BY: SUSAN MURRAY, AICP CHIEF PLANrNER 'I~h~S E. KUCK. P.E. ENG~G REVIEW MANAGER P.O~At.D r. ~vn~o, CURRENT PLANNING MANAGER SL./gdh/c'.Alexandria PUD SlaflRe~rt D^ ~'E cl. Z9 .~ DATE EXECUTIVESUMMARY PETITION PUD-99-16, KEVIN MCVICKER, P.E., PHOENIX PLANNING AND ENGINEERING, INC., REPRESENTING GULF SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL PINES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 180 DWELLING UNITS, LOCATED APPROXIMATELY 1/2 MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.54 + ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to "PUD" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 180 multi family and/or single family dwelling units on 29.54_+ acres. CONSIDERATIONS: The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) and the future Livingston Road via Whippoorwill Lane a partially paved private road. The subject property qualifies for a maximum residential density of up to 7.0 dwelling units per acre because it lies within the Activity Center Residential Density Band. This project proposes a maximum density of 6.0 dwelling units per acre. The subject PUD is surrounded by undeveloped Rural Agricultural properties and a single family home to the east. Abutting the subject PUD to the north lies the proposed Whippoorwill Lakes PUD with a density of 6.7 units per acre. To the south lies Whippoorwill Woods PUD approved in 1998 with a density of up to 5.51 dwelling units per acre. The proposed PUD is also part of the Whippoorwill Lane Coordinated Planning Area, which proposes certain road and drainage improvements for development in the Whippoorwill Lane area. Those proposed improvements are necessary to provide alternative access and to help reduce trip lengths made by future residents who will use Whippoorwill Lane, and to minimize impacts of the Pine RidgeJLivingston Road intersection. A fair share contribution to the construction of a Whippoorwill Lane local collector and an east-west connector road will be required by approval of certain stipulations as listed in the Planning Services Staff Recommendation Section of this report. MAR 1 4 2000 When completed, the project master plan will provide a singular development that will encompass approximately 29.54+_ acres of land to be developed with a mixed residential land use strategy. If approved, the development plan will include the following: 1. A total of 180 dwelling units with a density of 6.0 units per acre, which is consistent with the maximum density of 7.0 units per acre permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This is also consistent with the densities of the surrounding proposed PUDs. 2. Open space that includes a preservation area, lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. 3. Common access for recreational use of the preservation area and lake. 4. A gate house. 5. Access from Pine Ridge Road and the future Livingston Road via Whippoorwill Lane. Rezone Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report). Summary of Pros and Cons: (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 provide for transitional density to make it more compatible with neighboring development. (iii) Whippoorwill Lane will be extended to provide access to Pine ridge Road and the future Livingston Road. Cons (i) Some residents may find that any increase in residential development will bring increased inconveniences such as traffic. FISCAL IMPACT: Whippoorwill Pines PUD will likely be a single family and/or 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: School Impact Fee: Road Impact Fee: $578.00 per unit x 180 du's = $180.52 per unit x 180 du's = $0.15 per Sq. Ft. of bldg. area @ 1,200 SF x 180 x 0.15 = $1,778.00 per unit x 180 du's = $1,379.00 per unit x 180 du's = $104,040.00 32,494.00 32,400.0( 320,040.0( 248,220.0( MAP, 1 4.2000 Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $.005 per Sq. Ft. of bldg. area @ .005 x 180 x 1,200 = $14.00 per unit x 180 = $0.005 per Sq. Ft. of bldg. area (3.005 x 3000 x 180 = $2.00 per unit x 180 = TOTAL IMPACT FEES $ 1,080.00 2,520.00 2,700.00 360.00 743,854.00 The largest size of the proposed dwelling units will be 1,200 square feet. This project will provide 180 dwelling units; therefore, the estimated total amount of impact fees collected at build out will total $ 743,854.00+. This is a raw estimate based on current impact fees and proposed dwelling units. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. At this time, staff has not developed a method by which to comprehensively 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 future value. Additionally, there is the possibility 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 (or be phased) 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 Whippoorwill Lakes PUD will not cause County LOS to be exceeded. The action of rezoning the land, by and of itself, will have little or no fiscal impact on the County; however, if this rezoning is approved, the land will be further developed. New development will result in a future fiscal impact on County public facilities. Th, collects impact fees prior to the issuance of building permits to help off-set the npact MAR 1 4 2000 each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The requested zoning action is consistent with the GMP Future Land Use Element (FLUE) policies, including Policy 5.1, which requires that all rezonings be consistent with the GMP. It is also consistent with the Future Land Use Density Rating System, which allows up to 7.0 dwelling units per acre (4.0 dwelling units per acre base density and an additional 3.0 dwelling units per acre for being within the Activity Center Residential Density Band). 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: Staff reviewed this petition and found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code as stated in Staff's Report to the Collier County Planning Commission on February 3, 2000; therefore, Staff recommends approval of PUD-99-16, the Whippoorwill Pines PUD Document and Master Plan, with the following stipulations: The petitioner shall dedicate a 40-foot-wide strip of land along the project's western property boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code or prior to constructions plan and plat approval, whichever occurs first. Pursuant to Section 2.2.20.3.7. of the Land Development Code, the value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road fight-of- way shall be borne on a proportionate basis established on a land area square footage contribution by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Prior to application for Preliminary Subdivision Plat approval, the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County. In the DCA, it will be agreed to and determined that any short fall between impact fees and the actual cost of constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis or by other methodology determined by Collier County and agreed to by affected property owners. This - ^aE~/S$~ t' requirement shall apply to all of the property owners of each Planned Unit ldAR 1 4 2000 o Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Collier County agrees to amend the Traffic Circulation Element of the Growth Management Plan in order to ame'~d the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Should it become necessary to acquire land or construct facilities that are in excess of the drainage requirements of any particular development, then the costs for those added requirements will be proportionately shared by benefiting property owners. Said costs and prorata share shall be determined by and payable to Collier County prior to the issuance of any building permits to a benefiting property owner. Said costs with area-wide benefit incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement. A sanitary sewer collection system and potable water supply distribution system shall be designed to incorporate area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Said prorata costs shall be determined by and made payable to Collier County prior to the issuance of any building permits for a benefiting property. Said costs with area-wide benefits incurred by a particular development shall be rebated pursuant to the terms of a Developer Contribution Agreement. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any collector and arterial roads and must be a minimum of 100 feet from a public right-of-way. Section 3.7 of the PUD document shall be revised to reflect the above stipulation. Approval is further conditioned upon the following stipulations set forth by the Environmental Advisory Committee (EAC): Amend Subsections 4.2(A)1 and 3 of the PUD Document as follows by deleting the ..... [. t~, ..... ~- ~ ........ and adding the underlined language: 1._:. Passive recreational areas including recreational shelters. Clearing for recreational areas is allowed provided that a minimum of 7.23 acres of native vegetation is retained within the PUD. 3. Water management ro~:~:,;,,,~. ,,,,,~,, .... ,~,,,~ ,~ ..... ~ ,,,~,,,*:n],. ,,,~. .... , ~,wo structures. MAR 1 2000 pg. ~ ,,, ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC met on January 5, 2000, to review this petition. The EAC recommended unanimous approval of the Whippoorwill Pines PUD with stipulations requiring minor changes to the PUD Document as stated in the report to the EAC attached to this executive summary, and included in Planning Staff's stipulations, above. PLANNING COMMISSION RECOMMENDATION: At the February 3, 2000 meeting of the Collier County Planning Commission, the Commission voted 8-1 to recommend approval of Petition PUD-99-16 to the Board of County Commissioners. The reason for the negative vote was not given. There were no objections from the public. MAR l ,~ 2000 PREPARED BY: PRINCIPA&/PLANNER k.// reVIEWED BY: R )NA~LD I1 'AICP CURRENT PLANNING MANAGER 0_-/7- o20o0 DATE DATE ROBER~ J. MULHERE, AICP, PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition PUD-99-16, Whippoorwill Pines PUD. Tentatively Scheduled for the March 14, 2000 BCC meeting. AGENDA ITF..I~ MAR 14 2000 .MEMORANDUM AGENDA ITEM 7-B TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES JANUARY 25, 2000 PETITION PUD-99-16, WHIPPOORWILL PINES PUD Agent: Mr. Kevin McVicker Phoenix Planning and Engineering 1786 Trade Center Way, #2 Naples, Florida 34109 Owner: Mark Bates, President Gulf Sun Corporation 533 Turtle Hatch Lane Naples, Florida 34105 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Pines PUD for a residential development. GEOGRAPHIC LOCATION: The property is located 1/2 mile south of Pine Ridge Road (CR-896), south of Night Hawk Drive and east of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: When completed, the project master plan will provide a singular development that will encompass approximately 29.54+ acres of land to be developed with a mixed residential land use strategy. If approved, the development plan will include the following: 1. A total of 180 dwelling units with a density of 6.0 units per acre, which is consistent with the maximum density of 7.0 units per acre permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. Open space that includes a preservation area, lake, landscaping and buffering totaling the minimum required 60 percent open space for residential PUDs. 3. Common access for recreational use of the preservation area and lake. 4. A gate house. 5. Access from Pine Ridge Road and the future Livingston Road via Whippoorwill Lane. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: North- To the north lies the undeveloped "A" Rural Agricultural properties (Whippoorwill Lakes PUD petition currently under review). East - To the east lies undeveloped "A" Rural Agricultural with a single family home. The Interstate 75 right-of-way and drainage canal lie to the east of that property. South - The Whippoorwill Woods PUD, approved in 1998, lies approximately 660 feet south and was approved for mixed housing with a density not to exceed 5.51 dwelling units per acre. West- Undeveloped "A" Rural Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by the Future Land Use Map (FLUM) of the Growth Management Plan (GIMP). This designation provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located within the Residential Density Band of the Pine Ridge Road (C.R.. 896) - Interstate 75 Activity Center. The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Element and Density - The PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional 3.0 dwelling units per acre that may be added to the Urban Designated Area base density of 4.0 dwelling units per acre for up to 7.0 total dwelling units per acre if compatible with surrounding land uses. The applicant is only requesting 6.0 units per acre. The proposed density of 6.0 dwelling units per acre is based on a possible 180 residential dwelling units determined as follows: AC_.~..I~DA ITEM · \ MAR l 2000 Base Density. Activity Center Density. Band Maximum Permitted Density 4.0 du's/acre --3.0 du's/acre = 7.0 du's 30 acres x 6.0 du's per acre 180 du's maximum The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis. The proposed PUD is also part of the Whippoorwill Lane coordinated planning area, which proposes certain road and drainage improvements for development in the Whippoorwill Lane area. Those proposed improvements are necessary to provide alternative access and to help reduce trip lengths of residents along Whippoorwill Lane. A fair share contribution to the construction of a Whippoorwill Lane local collector and an east-west connector road should be required (see attached Executive Summary regarding Whippoorwill Lane Local Area Plan). In summary, the proposed PUD is consistent with most objectives and policies but it should also promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. In order to do this. the proposed PUD should be considered as part of the Whippoorwill Lane Coordinated Master Plan (see the Executive Summary report attached), which reasons that this PUD and others in the study area have a combined impact on levels of services, access, and drainage. The applicant should be required to participate in area-wide planmng by dedicating an easement for a local collector road and drainage, and by providing a fair share contribution to that road's construction (also see Traffic Circulation Element Analysis below). Traffic Circulation Element - Staff estimates the site generated traffic from the proposed change will not exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896). Technically, approval of this petition is consistent with the Traffic Circulation Element (TCE) policies which speak to the Level of Service relationships and the degree of impact allowed by development before we can justify a denial or a phasing plan attributable to consistency with the TCE conclusion. Basically, the benchmark for determining consistency is one which allows a degradation of the LOS below a certain standard (i.e., LOS "E") when committed improvements will correct the deficiency within a three year time frame. The three key arterial roads, which are affected are Airport-Pulling Road, Pine Ridge Road, and Livingston Road all of which will be improved to create and increase capacity within the next three years. In view of these conditions we have to conclude that this petition is consistent with the Traffic Circulation Element. Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 60 percent of the gross acreage and including landscaping and a lake. As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. This should be accomplished by participating in an overall utility extension plan as part of the AG ~-~.'.~A ITE.~, 2000 proposed Whippoorwill Lane Local Area Plan as proposed by County Staff. Once utility lines are completed in accordance with an area-wide plan and County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. Furthermore, it is imperative that adequate drainage easements be dedicated to the County along Whippoorwill Lane to the Kensington Canal. This facility is needed to help handle drainage from the future Whippoorwill Lane. By following the above prescribed course of action, this petition would be consistent with all elements of the GMP. HISTORICAL/ARCHAEOLOGiCAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, no Historical/Archaeological Survey and Assessment are required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was reviewed by the Environmental Advisory Committee (EAC) and was recommended with minor stipulations to be incorporated into the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they Pg. relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. Compatibility - The subject property is located within the Urban Mixed Use - Urban Residential Subdistrict as identified on the Future Land Use Map of the GMP. The applicant proposes a multi family development. The parcels located to the west are zoned Rural Agricultural and are mostly undeveloped at this time. Located on the south side of the subject PUD is Whippoorwill Woods PUD, which was approved for mixed residential uses with 5.51 dwelling units per acre in 1998. The Whippoorwill Lakes PUD located to the north has proposed 6.0 units per acre in the south portion of that PUD. Because the density of the Whippoorwill Woods PUD is now approved for 5.51 dwelling units per acre and staff is recommending a transitional density of 6.0 units per acre in the southernmost development tract in Whippoorwill Lakes, it would not be equitable to require a lesser density in an area that is supposed to be a transition between higher density and intensity to an area of lower density and intensity; therefore, Staff recommends a density of 6.0 dwelling units per acre and asserts that this would be more compatible with the type of surrounding development and their density/intensity characteristics. The similarity of housing types proposed by the applicant would also be considered compatible with the similar type housing proposed by the Whippoorwill Woods and Whippoorwill Lakes PUDs. Traffic - While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Lane and an east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that s/Jpports a decision to deny or phase development even though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road, particularly in light of the fact that at the onset all traffic will have access to Pine Ridge Road because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Regardless, these conditions are specifically allowed to exist under policies in the Growth Management Plan. That is not to say that projects could not be phased to minimize these impacts; however, transportation staff has i'ndicated that as few as 500 dwelling units may cause operational deficiencies at the Whippoorwill Lane/Pine Ridge Road intersection. Phasing may minimize this impact; however, this intersection is expected to function at an acceptable LOS until the planned improvements to Pine Ridge Road are completed. Furthermore, an overly restrictive phasing plan could be argued to be a de facto moratorium that, under the regulatory structure of the GMP, is not authorized. This >roblem is AG~.N~A ITeM compounded by the fact that one project (Whippoorwill Woods) is already approved with 462 dwelling units. To place the burden of minimizing the impact to the intersection on the remaining projects may be unreasonable when recognizing that this may rise to a de facto moratorium without a legal basis for one. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. Also, all development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and Airport-Pulling Road, which contain shopping centers and business and medical offices all within a short driving distance. Additional shopping and employment opportunities are located south of this project. Police, fire and other emergency services can be readily provided from the appropriate facilities located nearby. Alternative access provided via an east-west connector road will minimize trips and trip distances for residents of this PUD and stipulations should be made to ensure that the applicant provides a fair share contribution to that facility's development. Fair share contribution should be based on a proportionate share of the benefits received directly by the applicant from such a facility. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development standards and commitments. The PUD Document contains all of Staff's recommendations and will make provision of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paving of Whippoorwill Lane for access to this PUD and future development located to the south. It will also include a common area, trails, and access to the lakes and preservation areas for recreational use by residents. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-99-16, the Whippoorwill Pines PUD Document and Master Plan, to the Board of County Commissioners subject to the following conditions to be added to the PUD Document: The petitioner shall dedicate a 40-foot-wide strip of land along the project's western property' boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code or prior to constructions plan and plat approval, whichever occurs first. The value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne in equal proportions on a per unit basis by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorv jJl..lw~or ~ ~h~, A iTF.~ o o o o its east/west extension, which bv design enables traffic to utilize Whippoorwill Lane. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code. If the Traffic Circulation Element (TCE) to the GMP is successfully amended to recognize Whippoorwill Lane and its east/west connector as an urban collector, then the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County in which it will be agreed to and determined that any short fall between impact fees and the actual cost of acquiring and constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property owners. Both of these actions shall take place prior to the issuance of building permits. A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Both of these actions shall take place prior to the approval of any subdivision plat or site development plan. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector Road and must be a minimum of 100 feet from a public right-of-way. Section 3.7 of the PUD document shall be revised to reflect the above stipulation. Amend Subsections 4.2(A)1 and 3 of the PUD Document as follows by deleting the '~-,,, v,.,,..~' .,,.~,,,,~,,~ ........ and adding the underlined language: Passive recreational areas including recreational shelters. Clearing for recreational areas is allowed provided that a minimum of 7.23 acres of native vegetation is retained within the PUD. ~;i; ;~ a:? ~:o~-';a~ ....;~ structures. 3. Water management f ..... t ..................... PREPARED BY: R~V~EWED BY: Kq[SNALD F NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLAN~NING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Staff Report for February 3, 2000 CCPC meeting. Note: This petition has been scheduled for the February 22, 2000 BCC meeting. COLLIER COUNTY p~7 COMMISSION: R0SS A. 0b-- ,.CHaiRMAS PUD-99-16, WHIPPOORWILL PINES PUD/STAFF REPORT/DJM 8 MA~, 1~ 2000 FINDINGS FOR PUD PUD-99-16 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. (iii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (ii) The subject property is served by a network of arterial roads and planned roads, all within the urbanized area facilitating access to a variety of community services and facilities. Con: (i) The combined traffic impact of the proposed PUD and surrounding and nearby proposed development will cause operational deficiencies to the local road network, unless an east-west connector road fi.om Whippoorwill Lane to Livingston Road is provided. (ii) Loss of travel time for users of the same arterial road network due to the need for an east-west connector road. (iii) (iv) A plan for extending water and sewer to this area is needed although there is available capacity. Additional easement area is needed by the County to provide adequate drainage via the Whippoorwill Lane.. Exhibit "A" o (v) 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, except that there is a need for adequate planning of road, drainage, and utilities facilities, in order to ensure that levels of services are not degraded, that operational difficulties on local roads are minimized, and trip distances are minimized. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and be consistent with County regulations. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: (i) The Density Rating System of the FLUE requires interconnections to all future adjacent projects or one dwelling umt per acre may be subtracted as deemed appropriate by the Board of County Commissioners. This PUD does not propose interconnections with adjoining properties. The applicant should also be required to provide a fair share contribution toward construction of adequate roadway and drainage facihties, more specifically, widening, dedication, and extension of Whippoorwill Lane. 2 o (ii) The proposed PUD does not promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. It is imperative that stipulations be placed on approval of this PUD which insure adequate road and drainage right of way. Finding: The DensiW Rating System of the FLUE requires interconnections to all future adjacent projects or one dwelling unit per acre may be subtracted as deemed appropriate by the Board of County Commissioners. Rather than subtracting density from the proposed development plan, it is more imperative to require provision of dedicated easements and a fair share contribution to construction of a Whippoorwill Lane local collector and an east-west connector road between Whippoorwill Lane and Livingston Road. The need for an east-west connector road is far greater than penalizing this project one unit per acre, and the needed contributions should be stated as conditions of approval of this PUD. 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. The proposed building types and designs are compatible with surrounding proposed development. Con: Chain link fences should not be allowed on major road frontages. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code or by approved PUD requirements and conditions to ensure harmonious relationships between projects. A condition to .this PUD should be made that prohibits chain link fences along Whippoorwill Lane. The adequacy of usable open space areas in existence and as proposed to serve the development Pro/Con: Evaluation not applicable. Summary_ Findint~: The mount of open space set aside by this project meets or exceeds the provisions of the Land Development Code. AGF_.I~A IT~A ge The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: (i) Timing or sequence of development in light of concurrency requirements is not a significant problem. Con: (ii) Combined impacts of all seven proposed PUDs in this area will create operational difficulties and degraded levels of services for transportation, drainage, and utilities. Total trips for the combined development will be about 16,806 ADT. This is significant. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem for this single PUD, but operational difficulties and decreased LOS will cause problems for County roadways, including Pine Ridge Road and the furore Livingston Road (see Analysis in Staff's Report). The best solution to overcoming or minimizing these deficiencies is to provide a County collector road and an east-west connector from Pine Ridge Road along Whippoorwill Lane to the furore Livingston Road. The County also needs an additional easement for the Kensington Drainage Canal in order to provide adequate drainage for the future Livingston Road and Whippoorwill Lane, and neighboring properties will also need access to the canal for drainage from their properties. The ability of the subject propert>, and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summalw Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure can be made available and any deficiency minimized by making provisions as discussed in Findings #1 through #7, above. 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. A~A II~M Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards 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-99-16/DJM AG~A ITF._~ REZONE FINDINGS PETITION PUD-99-16 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with most of the goals, objectives and policies of the Growth Management Plan. Con: (i) The Density Rating System of the FLUE requires interconnections to all future adjacent projects or one dwelling umt per acre may be subtracted as deemed appropriate by the Board of County Commissioners. Access to adjacent existing and future development is required or a reduction of 1.0 unit per acre may be applied. Access to Livingston Road and the need for adequate easement for both widening Whippoorwill Lane and constructing an east-west connector to Livingston Road should take precedence over that requirement. An adequate local or collector road will compensate for the lack of direct access to adjoining development. (ii) The proposed PUD does not promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. Finding: The Density Rating System of the FLUE requires interconnections to all furore adjacent projects or one dwelling unit per acre may be subtracted as deemed appropriate by the Board of County Commissioners. Meeting the Density Rating requirement can be accomplished by the applicant providing dedicated easements and a fair share contribution to construction of a Whippoorwill Lane local collector and an east-west connector road between Whippoorwill Lane and Livingston Road. The need for an east- west connector road is far greater than penalizing this project one trait per acre, and the needed contributions should be stated as conditions of approval of this PUD. Exhibit "B" The existing land use pattern; Pro: A more detailed study is contained in the staff report. Con: None Summary Findin£s: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the Urban Residential Subdistrict on the Future Land Use Element and location within the density band. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to other proposed and approved PUDs in this area. Approval of this PUT) will not create an unrelated zoning district. Con: Evaluation not applicable. Summary. Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the G~MP. Con: None. Summary Findin£s: Nearby Lands are zoned or are proposed to be rezoned to PUD which will contain similar residential development. In addition, the boundaries are logically drawn by virtue of the site's location between two existing PUD projects. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the previously approved PUDs in the area and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. AG£i',.2,,', i f~.¢ 2 Con: Although changing conditions contribute to the proposed use, the combined impacts from this and other proposed PUDs outweigh the benefits, especially without the necessary widening and extension of Whippoorwill Lane. Development should be limited along Whippoorwill Lane without adequate road access and drainage facilities as would be provided by dedicating additional right of way and contributing a fair share of the expenses for its widening and extension to Livingston Road. Summa~ Findings: There are problems with the anticipated combined impacts of similar neighboring development being reviewed at this time. There may be operational difficulties related to traffic, drainage, and utilities. This may be minimized, however, by providing dedicated easements and right-of-way, and providing an east-west connector road between Whippoorwill Road and the future Livingston Road. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) If integrated into a coordinated area-wide plan, there will be little adverse conditions. Con: (i) Lack of a coordinated effort to plan for necessary facilities will result in operational deficiencies (see Staff Report). Summary. Findines: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments, and roadways. If not, then a lower density should be adopted to ensure that the FLUE policies and objectives are met. 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) The property will access private and public roads providing access to the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements. 3 (i) In the short run construction traffic is necessary for development may be irritating to local residents. (iii) The combined traffic impact of the proposed PUD and surrounding and nearby proposed development will cause operational deficiencies to the local road network, unless an east-west connector road fi.om Whippoorwill Lane to Livingston Road is provided. (ii) Loss of travel time for users of the same arterial road network due to the need for an east-west connector road. Summary Findings: There will be operational deficiencies if this project is approved, unless additional facilities are provided (see Staff Report and Attachment "B"). Additionally certain traffic management system improvements may be required as a condition of approval (i.e., mm lanes, traffic signals, dedications, etc.). In the final analysis, all rezone actions are subject to the Concurrency Management System and health and welfare concerns. 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) The combined impact of this and other PUDs may contribute to increased drainage to the Kensington Drainage Canal, especially the drainage fi.om the proposed Whippoorwill Lane. This may be overcome by contributing to the provision of adequate fight of way easements for both widening of Whippoorwill Lane and roadway drainage facilities. Summar~ Findines: 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 in order to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed mixed use development conforms to the approved zoning on the adjacent properties. The overall development standards are compatible with the standards 4 10. 11. listed for the similar commercial districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are followed. Con: Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. Summar~ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values, especially if it is developed with transition of density and intensity of development. 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 the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. 12. 13. 14. 15. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: It is possible that approval of this PUD without stipulations that ensure necessary dedications and a fair-share of roadway improvements, will grant a special privilege to the applicant by excusing him fi.om participating in infrastructure improvements which will benefit him. Summary Findings: Public policy statements support zoning actions when they are consistent with said plan. In light of this fact, the proposed change may constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning;, however, to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE and by providing necessary facilities to minimize impacts to levels of services. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: This singular project is not out of scale with the neighborhood. Con: The project as proposed on the Master Plan (concept plan) makes it difficult to determine whether it is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Summar~ Findines: The subject PUD will not comply with the Growth Management Plan if not developed as part of an area-wide plan. Furthermore, although the PUD Document appears to address the scale of development, the concept plan makes it difficult to determine the scale and intensity of development because it does not define where units may be located in relation to internal and external development. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable 16. 17. Summary Findings: There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infi'astmcture and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summar3, Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: The proposed pLrD will have a minimal impact on LOS if stipulations are made on its approval which minimize road impacts (see Staff Report). Summatw Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition for consistency with the GMP. The proposed PUD is consistent with most objectives and policies but it should also promote improved coordination of land uses with public facilities as stated in Objective 4 of the FLUE. In order to do this, the proposed PUD should be considered as part of the Whippoorwill Lane Coordinated Master Plan, which reasons that this PUD and others in the study area have a combined impact on levels of services, access, and drainage. The applicant should be required to participate in area-wide planning by dedicating easements for a local collector road and drainage, and by providing a fair share contribution to that road's construction. The conditions of approval will be incorporated into the PUD document to ensure that this need is met. REZONE FINDINGS PUD-99-16/DJM EXECUTIVE SUMMARY PROPOSAL TO PREPARE REGULATIONS TO INSURE THAT PROPERTIES IN NORTH NAPLES (SECTIONS 18 AND 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST) ARE DEVELOPED IN A COORDINATED MANNER WITH REGARD TO PUBLIC ROADS, STORM DRAINAGE, WATEIL AND SEWER UTILITIES. OBJECTIVE: The objective of this request is to require the property owners to initiate a collaborative effort to address and resolve the matter of proportionately sharing the cost of infi'astructural improvements. This is required to insure that the development of these properties proceeds in a coordinated and integrated manner which takes into account the requirement for a local collector public street, from which all development approvals will interface, and to insure that adequate provision is made for other supporting infrastructure based on the cumulative impact and needs of all of the properties in the defined area. The plan should provide an area-wide, integrated transportation network having the effect of integrating neighborhoods, and providing residents of the area direct access to commercial services located at the intersection of Whippoorwill Lane and Pine Ridge Road, and nearby activity centers. The plan should address needed improvements to Whippoorwill Lane and provide for the dedication of land to create an east-west road link between Livingston Road and Whippoorwill Lane, necessary to facilitate traffic movements between Pine Ridge Road and Livingston Road and to reduce impacts at nearby major intersections. The plan should provide for an overall stormwater management system which identifies and provides for necessary stormwater management facilities. The plan should also provide for an overall utility extension plan to evaluate the feasibility of accessing nearby County facilities in order to provide utility service to the area as a whole. CONSIDERATIONS: Following the Board's approval in principal to a plan that would estabhsh Whippoorwill Lane from Pine Ridge Road to Livingston Road through an east west connector, staff was directed to return with a recommendation as to the most beneficial east west route that in its opinion will most benefit this emerging neighborhood and other populations in this general area. Three alternative routes were considered. Staff and the petitioner's representatives of the proposed Livingston Village PUD, Alexandria PUD and Balmoral PUD have met several times to discuss the proposed location(s) of the east/west route. Issues considered included cost associated with construction of the road, traffic circulation, roadway capacity and function, and aesthetes. The petitioner's preference for the location of the east-west road appears to coincide with Alternative #3 (see attached map), while staff supports Alternative #I. Their argument for this location appears to center around their supposition of a cost difference to construct Alternative #1 versus Alternative #3. Citing additional cost associated with constructing Alternative #1, specifically the need to construct an additional 1/2 mile of Whippoorwill Lane and ~laidg?g_,~:i.;2~? f Kensington Canal at its terminus, the petitioner feels the same public benefit could l~e gaj~fi~ constructing Alternative #3 for less cost, while maintaining the integrity of the Livingston Village property.. While staff agrees that there could be additional cost associated with the construction of Alternative #1, it is staffs opinion that the public benefit outweighs any increased cost, as further described in the analysis below. It is also important to consider that once a road is placed on the CounW's trafficways map, costs associated with construction of a public road, could be offset by roadway impact fees for which it becomes eligible to receive. Therefore, the construction of this road should not be an ad-valorem cost to the public. The petitioner also argues that costs associated to acquire the necessary land to construct the road would be less for Alternative #3 than Alternative gl. Staff disagrees with their speculation, given the fact that the needed land area at both locations is currently zoned Rural Agriculture, is located within the same general area, and is roughly equal in size. Staff is not aware of any outstanding environmental issues associated with either property which may increase the cost of development or acquisition. It is staffs opinion that Alternative #1 will provide east/west access to the greatest number of population, while maintaining acceptable traffic volumes and lowering the traffic impact along the northerly section of Livingston Road, approaching the intersection of Pine Ridge Road. This will reduce the traffic volume impacts at this intersection, and allow proper spacing of any signalized intersections along this segment of Livingston Road, allowing traffic to flow smoothly and roadway capacity to be maintained. The petitioners argue that adequate traffic circulation along this section of Livingston Road could be maintained through the PUD zoning process, by merely restricting mining movements into the entrances for the various projects and driveways along the Livingston Road corridor north of Wyndemere PUD, regardless of the volume of traffic along this segment and the impacts to the intersection. After due deliberation and consideration of the above, staff (Messrs, Kant and Nino) are of the opinion that the east/west leg of Whippoorwill Lane should be at or near the section line (i.e. plus one mile) between Section 18 and 19, Township 49 South, Range 26 East. This alignment is the priority one alignment iljustrated on the map included in this executive summary. This alignment encourages the most southerly extension of Whippoorwill Road to an area of land (i.e. Livingston Village) and will thus make possible access between Whippoorwill Lane and Livingston Road available to the greatest number of population which will serve to reduce automobile trips through the Pine Ridge Livingston Road intersection, and along segments of Livingston Road and Whippoor, vill Lane. It will also assist in encouraging the use of Whippoorwill Lane for shopping and personal need trips to commercial activities planned for the Pine Ridge/Whippoorwill Lane intersection. Any portion of the required right-of-way not voluntary dedicated should be acquired by eminent, domain and public necessity. The entire Whippoorwill Lane mute should be added to the GMP traffic ways map thus qualifying its acquisition and construction thru the use of impact fee credits. Should this course of action be adopted, it is our opinion that proposed developments along Whippoorwill Lane need not be encumbered by a restriction on the number of building permits that should be issued pending the construction of Livingston Road, because the GMP provides a'window within which levels of service may be degraded when construction activities are committed which-: ,ff~d'),5 would otherwise correct the level of degradation. Under this scenario it is anticipated that the east/west leg of Whippoorwill Lane will be constructed concurrently with that of Livingston Road at its interface with Whippoorwill Lane, however, both the east/west road and Livingston Road shall be deemed as independent projects. FISCAL IMPACT: A general overview of the fiscal impact would indicate that developer-funded improvements will have a minimal fiscal impact to the County. Properly accounting at this time for infrastructttral improvements based on the entire area and having these cost borne by the property owners will avoid furore costs to homeowners that may have otherwise resulted from the typical project by project development process. Any cost to the County would occur mostly in term of staff review time associated with the submission of such a plan. The cost of the review is typically recovered in required fees at the time ofrezoning application, for which such a plans will be utilized. GROWTH MANAGEMENT IMPACT: The approval of this request will not affect or change the requirements of the Growth Management Plan. The request is consistent with the applicable elements of the Growth Management Plan and will have the effect of identifying cumulative impacts of a development on a specific region which has the objective of minimizing negative impacts on adopted level of service standards for County facilities. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitionffs property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners direct appropriate staff as follows: Acquire by eminent domain and public necessity eighty (80) feet of right-of-way if necessary along the existing north/south alignment of Whippoorwill Lane and an east/west alignment that would extend Whippoorwill Lane to Livingston Road at or near Section Line between SeCtions 18 and 19, Township 49 South, Range 26 East. Direct staff to amend the Traffic Element to the GMP to recognize Whippoorwill Lane as an urban collector. All rezoning applications interfacing with Whippoorwill Lane as proposed shall provide the required fight-of-way to Collier County pursuant to the provisions of Section 2.2.20.3.7 (i.e. 90 days following approval). · Any short fall between impact fees and actual cost of establishing Whippoorwill Lane as a public road as described above shall be borne proportionately by all benefiting property owners having fi'ontage on Whippoorwill Road or its east/west extension including the most southerly parcel of land. .area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property owners. A sanitary sewer collection system and potable water supply distribution system shall be designed having areawide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having areawide benefits will be prorated against all benefiting property owners. Both of these actions will take place prior to approval of any subdivision plat or site development plan. V' fiifiO, ICP CURRENT PLANNING MANAGER DATE ROBERT J. MUL~RE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED/~Y: ~C------~~'~"O~S~TOR COI~D,.f!YNi' 'Y DEV. AND ENVIRONMENTAL SVCS. DATE DATE EX SUM ~ b PfNE RIDGE ROAD · d~ = ~18 76.83 acres AD-T' whi, '_mx~orwill pinea du/ac = 7.1 total du's = 210 29.5,$ acres Whimx~orwill Woods dutac = 5.51 total du's -- 462 83.92 acres Balmoral au/ac = 3.88 total du's = 154 39.58 acrea du/ac -- 3.67 total du's = 72 19.58 actm 3o ~,rlinelml I,.aket aU/ac = 5.0 total du's = 492 98.36 acre~ du/ac = 3.62 148.98 actea TOTAL AREA DUs FOR ALL PROPOSED PUD~ = 1,908 ENVIROb~tENTAL ADVISORY COUNCIL STAFF REPORT MEETLNG OF JANUARY 5~ 2000 Item IV.C. II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUD-99-16 Whippoorwill Pines PUD Gulfsun Development Phoenix Planning and Engineering, Inc. Passarella and Associates. Inc. LOCATION: Whippoorwill Pines PCD is located in the south west quadrant of the intersection of Pine Ridge Road and Interstate 1-75 and encompasses the area south of Night Hawk Drive between Whippoorwill Lane and Dog Ranch Road in Section 18, Township 49 South, Range 26 East, Collier County, Flonda. DESCRIPTION OF SIYRROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications. ZONING DESCRIF~ON N - Agricultural Undeveloped (Whippoorwill Lakes PUD currently under review) S - PUD (Whi~r~ll Woods) Undeveloped Single Family Home E - Agricultural Undeveloped Single Family Home W - Agricultural Undeveloped EAC .Mcenng ................................................................................... january. 5. 2000 PL'D-09-16 Page 2 of 5 IV. We PROJECT DESCRIPTION: .':-he proposed PL'D is located in an area that is part of several proposed PUDs located along Wttippoorw~ll Lane. The PUD, if approved, will contain 180 residential units, which could be either single family, multi-family, or duplexes, all in a gated commUmtv setting. The project would also provide accessory facilities and recreationai uses such as swimming pools, game courts, play areas, boat docks, walking paths and trails. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD is also located within the Residential Demity band of the Urban Residential Mixed Use District of the Future Land Use map, which extends for one rmle fi.om the center of the Pine Ridge Road - Interstate 75 Activity Center. The Residential Density Band permits a land use density of up to 3.0 dwelling units in addition to the base density, which is 4.0 dwelling units. This would allow a total density of up to 7.0 units per acre. The applicant proposes only 6.0 dwelling umts per acre. Additionally, the proposed use is consistent with the policies of the Growth Management Plan. The project itself will not cause any level of service to be exceeded. But, it should be noted that this project is part of an area wide study proposing that all development, including this project, share in the costs to construct Whippoorwill Lane to County Standards and to dedicate it to the County. This includes an east-west connector from the existing Whippoorwill Lane easement to the future Livingston Road. MAJOR ISSUES: Water Management: This project is in the "Whippoorwill" section, which is bounded on the ea~ by 1- 75, on the north by Pine Ridge Road, on the we~t by proposed Livingston Ro~i, and on the south by Wyndemere. The section has been the focus of water management and uulity concerto that have not yet been resolved. The proposed water management system is standard for projects of this type consisting of a series of interconnected retention / detention areas and lakes which provide water quality re~ention and peak flow atten~6om A South Florida Water Management Permit will be required. F_AC :d¢~vm~g ................................................................................. hmum'v 5. 2000 Page 2- of _~ Environmental: Site Description: Vegetation mapping of the property was conducted using 1' = 200' aerial photographs and groundtruthing in January. 1999. Native habitats on-site consist enm'ely of pine ftatwoods with disturbed areas along the roads and around the sm~e family residence found on the property...am aerial photograph with FLUCFCS mapping is enclosed as Exhibit B in the environmental impact statement (ELS). According to the Collier County. Soils Map, the following two soil .types are found on the proverty.: Hollowpaw fine sand. limestone substratum Iumt 2'} and Malabar 5.ne sand (Umt 5). Both Soil Map Umts are listed aa hydric soils by the Natural Resource Conservation servace office. A detailed description of each of the soils .types is provided in Exhibit E of the EIS. Wetlands: No South Florida Water Management District (SFWMD)/ColIier County jurisdictional wetlands exist on the property. Preservation Requirements: In accordance with secuon 3.9.5.5.3 of the Collier County. Land Developmeat Code (LDC). a total of 7.23 acres (25 percent) of the native habitat will be retained on the project site. Listed Species: A listed plant and wildlife species survey was conducted on January 20, 1999 to determine whether the site was being utilized by state or federally listed species. Additional listed plant and ammal species observations incidental to on-sim acuvities were conducted in November and December 1998. No listed species were identified on the project site. The details of the survey can be found ia Exhibit F in the EIS. RECOMMENDATION,~: Staff recommends approval of Planned umt Development No. "Whippoorwill Pines PUD" with the following stipulations: _--AC Meeting .................. ?L-D-99-16 Page -1 of 5 ......................................................... January. 5. 2000 Water Management: That the petitioner oi~tain a Surface Water Management from South Florida Water Management District. That the petitioner a~ee to participate in any section-wide infrastructure improvement study and implementation. Environmental: Amend section a.2{A) of the PUD document as follows by deleting the .... t, ,t, .... .~. ~_w.'~? and adding the underlined lanmm~e. A. Pertained Pnnc~pai Uses and Structures: Passive recreational areas including recreational shelters. Clearing tbr recreational areas is allowed provided that a minimum of 7.23 acres of naUve vegetation is retained within the PUD. 2. Biking, hiking, and nature trails, and boardwalks. 3 Water management ¢,,,,m-,-, ,,,a ~,-.,.~-~ ,~.a,,~ structure. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffeting within the Natural Habitat Preserve .aa-eas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by thc Development Services Director. sAC .Meeung ......................... PUD-99- t 6 PREPARED BY: cmu ow SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECL-kLIST II KEVIEWED BY: DATE DATE THOM~ E. KUC~. P.E. ENGI~I~RING REVIEW .MANAGER ~ . RON/ALD F. NINO?~ CURRENT PLANNING MANAGER SI..ffgdh/c:Whipporwill Pines StaffRel~ort DATE DATE APPLICATION FOR PUBLIC HEARING FOR:PUD. RE:ZO1EE Petition No.' Commzssion District: Date Petition Received: Planner Assigned: A.BOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City. ~ ~, P~. ~ Applicant's Telephone # Name of Agent ,., ~. ~vxa t ~.~ Agent's Mailing Address City. ~ ~ t_~--~ Agent's Telephone # ~c'1 State ~,~. cx.J ~ c.Z. at.Firm State COLLIER COUNTY COM3fuNrrY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICAT~ION FOR PUBLIC HEAR[N(~ FOR. PUl) REZONE PAGE I OF Disclosure of Interest Information: If the property is own~cl fee simple by an INDIVIDUAL, tenancy by the en~, tenancy in common, or joint tenancy, list all partie~ with an ownership interest as well as the percentage of such inte'mst. (Use additional sheets if necessary). Name and Address Percentage of Owne~h~ If the property is owned by a CORPORATION, list the officers and stockholders and k.._~/ the percentage of stock owned by each. Nm and Address, and Offic~ Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the pementage of interest. N~ and Address Percentage of ~tex~t APPLICATION FOR PUBLIC HEARING FOR PUD REZONE PAGE 2 OF 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 ~nd Addxt~ Per~'ntagc of Owucr-~,~ If there is a CONTRACT FOR PURCHASE, with an individual or individua!~, a Corporation, Trustee, or a Parmerzhip, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Namc and Adckcss Percentage of Ownership f. Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. parties, list all Name -nd Adcke~s g. Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing dale APPLICATION FOR PUBLIC HE,~diING FOR PUI) RKZONIK - 5/~$ and date option ' PAGE 3 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: /~5 Township: 47 $ Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: ~. Size of property: q'~co ft.X 13~o ft. =TotalSq. Ft. //Z ~'?6,2.. Acres Address/general location of subject property_: 6. Adjacent zoning and land use: Zoning s Ac., E ~ w Land use APPLICATION FOR PUBLIC HEARING FOR PUD RF-ZONE - 5/98 PAGE 4 OF 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). Secuon: Towrmhip: 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 /~0 zoning district(s). Present Use of the Property: Proposed Use (or range of uses) of the property: ,~0' t~~'~ t6~ 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 comsideration 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 material~ and documentation m support of the request. Standard Rezone Considerations (LDC Sec'it'on 2. 7.2.5~ I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and near APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 50 STATEMENT OF UTILITY PROVISIONS FOR PUD ILEZONE REQUEST NAME OF APPLICANT: C, MAILING ADDRESS: CITY ~ ~-'~ ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Section: Lot: Plat Book LEGAL DESCRIPTION: / ~ Township: Block: Page #: Metes & Bounds Description: ~'~ 5 Range: 9..-~,~- Subdivision: Property I.D.#: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCITISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREAT1V[ENT PLANT (GPD capacity.) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ~. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR PUD RI~.ZONE - 5/9n PAGE 13 O 1 TOTAL POPULATION TO BE SERVED: Zt~ ~,,~,'r~ :-- ?55 PEAK AND AVERAGE DAII.y DEMANDS: A. WATER-PEAK [~,c~ ,~ t~ r,~O AVERAGE DAH.Y B. SEWER-PEAK 1~ q ~ ~,OD AVERAGE DAII.Y IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE TH'E DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment vrocess to be '~ed as ',veil as a sDecilSc statement regarding ~e method of affluent and siudge disposal. If percolat/on ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinaneea in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior :o the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTIIER 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 fi'om that provider indicating that there is adequate capacity, to serve the project shall be provided. Utility Provialom Statem,~t K3M 10/I'/D'/ .~PPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5,~98 1 2 4 5 6 7 9 1 4 5 7 9 0 1 2 4 ORDINANCE NO. 200O- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR T}IE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONI]qG ATLAS MAP NUMBE~D 9615S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO #PUD" PLANNED u-NrIT DEVELOPMENT IG~OWN AS WHIPPOORWILL PINES PUD, FOR PROPERTY LOCATED ¼ MILE SOU'I~ OF PINE RIDGE ROAD (C.R. 896) AND EAST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSI-ma ~9 SOUTI-L RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.54/ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kevin McVicker of Pho~-mx Planning & Engineering, repr~en~ing Mark Bates of Guifmm Corporation, petitioned the Board of County Commissioners to change the zoning classafication of the h~-x,~in described real property. ~ NOW, THEREFORE BE IT ORDAINED by the Bo~d of County Commie~on~ of Collier County, Florida: SECTION ONE: The zomng classification of the herein det, cribed real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is clmnged from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Whippoorwill Pine~ PUD Documem, attached hereto as Exhibit "A' and incorporated by reference hereto. The Official Zonin~ Atlm Map Number 9618S, as described in Ordinance Number 91-102 as amended, the Collier County Land Development Code, is hereby amended accordingly. -l- SECTION TWO: 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Marj~lie M. Studeht Assistant County Attorney PUD-99-16 OR. DINANCErDM/ts -2- NC,. ~ MAR 1 ,,J: 2000 WHIPPOORWILL PINES PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GULF SUN CORPORATION .MARK BATES, PRESIDENT 533 TURTLE HATCH LANE NAPLES. FLORIDA 34103 PREPARED BY: KEVLN MCVICKER. PE 1786 TRADE CENTER WAY #2 NAPLES, FLORIDA 34109 EXHIBIT "A" DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDLNANCE NUMBER TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXTIIBITS STATEMENT OF COMPLL-L",'CE SECTION I PROPERTY OWNERSHIP .&ND DESCRIZPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAl_ .KR_EAS SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS ii I I2 13 LIST OF EXHIBITS E.XTtIB IT" EXT-IIBIT "B' PL'D MASTER PL,4~N LEGAL DESCRIPTION STATEMENT OF COMPLIANCE Tile de:'eiot)ment of a~opro.'~mately 50--- acres of property in Collier Count,,'. as a Planned L'nit Development to be known as Whippoorwill Pines PUT). will be in compliance with :he t~tanning goals and object:yes of Collier County as set forth in the Collier County Growth Management Plan. The residential facilites of the Whippoorwill Pines PUD will be consistent with the grow'th policies, land development regulations, and applicable comprehensive planning objectives for the tbllowing reasons: · The subject property's location in relation to existing or proposed community facilities and services perm&s the Development's residential densiw as described in Objective 2 of the Furture Land Use Element. · The project Development is compatible with, and complimentary, to, surrounding land uses as required in Policy 5 4 of the Future Land Use Element. · Improvements are planned to be in compliance with applicable section of the Collier County Land Deveiot)ment Code as set forth in Objective 3 of the Future Land Use Element. · The project Development will result in an effieient and economical allocation of community facilities and services as requires 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. · The Project is located within the Residential Density. Band o£the Urban Residential .Mixed Use District around the Pine Ridge Road - Interstate 75 Activity Center, on the Future Land Use Map. The projected density of 6 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following realtionships to required criteria: Lanci Within Residential Density Band Base Density 4 dwelling units~acre Activity Center Density Band ~3 dwelline units/acre Maximum Permitted Density 7 dwelling units/acre Proposed Density = 30 acres x 6 dwelling units/acre = max of 180 units MI final local development orders for this Project are subject to Division 3 15. Adequate Public Facitlies. of the Collier Count',' Land Development Code. Page 1 1.3 1.4 :5 SECTION I PROPERTY OV(NERSHIP .AND DESCRIPTION PURPOSE The purpose of this Sect:on is to set forth the location and ownership of the property., and to describe the existing conditions of the property, proposed to be ~.eveioped under the Proiect name of Whippoorwill Pines PUD, LEGAL DESCRIPTION The subject property., being 30+- acres, is located in Section 15, Township 49 South. Range 26 East, and as described on Exhibit "B." PROPERTY OWN~ER SH1~P 9all of the property is uno, er saies contract held by: Mark Bates, Guif Sun Corporation, 533 Turtle Hatch Lane, Naples. Florida 34103 GENERAL DESCRIPTION OF PROPERTY APdEA The subject property, is located 1/4 mile south of Pine Ridge Road, and emcompasses the area south of Night Hawk Drive. between Whippoorwill Lane and Dog Ranch Road (unincorporated Collier County), Florida. The entire project site currently has Agricutural Zoning and is proposed to be rezoned to PLT). PHYSICAL DESCRIPTION The project site :s located within the 1-75 Gate Canal Drainage Basin according to the Collier Counw Drainage Atlas. The proposed ouffall for the Project is to the Whipoorwiil Lakes pLrD, and then to the existing burrow pit west ofi-75. This exisiting water body discharges into the D-2 Canal, located along the eastern side of 1-75, via existing canal cross drains. The peak discharge rate from the design storm will be lirrured to ,7 ~ 5 cubic feet per second/acre per Collier Countv Ordinance No. 90-10 Page 2 ACiD~A iTr_lVl ~ 1.8 Natural =round elevation avera~,es 10.7 National Geodetic Vertical Datum t NG'~T)) The entire site is located within Federal Emergency Management ~._oenc,,' ~ FEMA) Flood Zone "X" with no base flood elevation spec~fiea. The water management system will be permitted bv South Florida Water Management District (S~'.'5,IDt through the Environmental Resorce Permit process..-MI rules and regulation of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs, acres: rmnimum roadway centerline, perimeter berm and finished floor elevation: water quality pre-treament: and wetland hydrolo~' mmntenance. Per Collier County Soil Legend. dated January 1999, the D'pes of soils found are mostly number 16 - Oldsmar Fine Sand. The site vegetation consists primarily of Florida Land Use Cover and Forms Classification Systems (FLUCCS) .r.-411 Pine flatwoods, primarily disturbed. The Project. as proposed, will incorporate restored upland and wetland preserve areas maintained in a conti~ous arrangement. PROJECT DESCRIPTION The Whippoorwill Pines PUD is a project comprised of a maximum of 180 residential units. The residential units are projected to be developed as multifamily umts. Recreational facilities will 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. quality, screening/buffering and native vegetation, whenever feasible. LAN-D USE Open Space 18.00 Acres Lake 1.00 Acre -Buffers 1.43 Acres Residential 11.00 Acres -Preserve 7.23 ,Acres IRoads & Buildings) -Green Space 9.34 Acres SHORT TITLE This Ordinance shall be known and cited as the "Whippoorwill Pines Planned Unit Development Ordinance.' Page 3 2¸1 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Semion is to delineate and generally describe the Project plan of development, relationships to applicable Countv ordinances, the respective land '.~ses of the tracts included in the Project. as well as other Proiect relationships. GENTRAL D Regulations for development of the Whippoorwill Pines PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development Disthct, and other applicable sections and parts of the Collier County. Land Development Code and Growth Management Plan in effect at the rime o£ issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary. Work Authorizaiton. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit applications. All conditions imposed and graphic material presented depicting restrictions for the development of the Whippoorwill lames PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable re~lations, unless specifically waived, modified, or excepted by this PUD Document, shall remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrencv review under the provisions of Division 3.15, Adequate Public Facilities of the Collier Countv Land Development Code at the earliest or next to occur of either Final Site Development Plan approval, Final Plat approval, or bulding permit issuance applicable to this Development. Page 4 2.3 2.4 2.5 2.6 DESCRIPTION OF PROIECT DENSITY OR INTENSITY OF LAND USES A maximum of 180 dwelling units shall be constructed in the residential areas of the Project. The gross Project area is 30+- acres. The gross Project density shall be a maximum of 6 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A," PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2, Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Developent Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a builiding permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dextications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACII~ITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval subject to the requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activies on those buildable portions of the Project site are such that there is a surplus of earthern material, then its off-site disposal is also hereby permitted subject to the following conditions: Page 5 Pg .~ Excavation acm'ires shall comply with the definition of a "Development Excavation" ?ursuant to Section 3 5 5 1.3 of the Land Deveio~ment Code. whereby off-site removai shall be limited to i0% of the treat volume excavated but :at to exceed 20.000 cubic yards. .&ll other pro,,-isions of DMsion 3.5. Excavation of the Land Development Code shall apply PROVISION OF .MAD,_ 'TENAN'CE The Developer will be responsible for the perpetual care and maintenance of all common facilities and oven space subject further to the provisions of Section ~.,:.,.u..~.o of LDC. Page 6 3.3 SECTION HI RESIDENTIAL AREAS PLAN PLq~OSE The purpose of this Section is to identify, specific development standards for the Residential ,~reas as shown on Exhibit ".,k." PU-D Master Plan. .M_&X1ML~I DWELL .I-N'G L.'NqTS The maximum number of residential dwelling units w/th. in the PLrD shall be 180 units. PERMITTED USES No building, structure or Dart :hereof, shall be erected, altered or used. or land asea. in whole or part. :'or other than the following: A. Permitted principal uses and structures: 1. Single-family dwellings (includes zero-lot line). Two-farmlv dwellings (includes duplexes). Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Anv other use deemed comparable in nature bv the Development Services Director. B. Perrmtted Accessory Uses and Structures: Customarx' accessory uses and structures associated with the permitted principal uses, including garages and utility buildings. Recreational uses and facilities, including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitct-hng and putting golfing facilities, walking paths, picnic areas, recreation buildings, verandahs, and baksetbal[/shuffie board COUrtS. Page 7 MA2 I q 2300 3.4 .Vlanazer's residences and offices, temoorap.' sales trailers, and model units Gatenouse and entrance features. Essential serx'ices, including interim and permanent utility and maintenance facilities. .&nv other accessory use deemed comparable in nature bv the Development SerVices Director. DEVELOPMENT STA_NT)ARD S Table I sets forth the development standard for land uses within the Whippoorwill Pines PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served bv a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measuresd from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property, line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space: however, garages shall use a parking apron of at least fifteen (I 5) feet separating the garage from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. Page 8 TABLE I P~SDENTIAL DE\'TLOPMENT STAN~DARDS 5 T/~N~D .&P,D S Mimmum Lot Area It>er Mimmum Lot Width Front Yard Setback Side Yard Setback I Stoo' 2 Stoo' 3 Story, Rear Yard Setback Principal Structure A~rv Structure 5INGLE-FA2~flLY TWO-F.,-~MILY MULTI-FA34ILY 6.000 Sq. Ft. 7.200 Sq. Ft. i Acre 60' Interior Lots { 1 ) 80' Interior Lots I 1 ) 150' (40h(2'~ -0' Comer Lots 100' Comer Lots ~50')(2) 25' 25' 20' 0' & 15' or both 7.5' 20' >of 7.5'orl/2 BH 0' & 20' or both 10' 20' >of 10' orl/2 BH NA NA >of 12.5'orl/2 BI-] 20' 20' 25' 10' 10' 10' PUD Boundary Setback Pnnc~pal Structure 20' 20' 20' (4) Accessoo' Structure 10' 10' 10' Lake Setback (5) 20' 20' 20' Preserve Area Setback 25' 25' 25' Distance Between Structures Mam/prinmpal l -Stop,' 2-Stoo' 3-Story. A~rv Structures Maximum Helaht: Pnnc~pal Braiding Accessory. Building Mimmurn Floor Area i$' 20' 20' 20' NA NA 10' 10' 35' and 2 stones 20'/Clubhouse 35' 1200 Sq, Ft. 35' and 2 stones 20'/Clubhouse35' 1100 Sq. Ft. >of 15'orl/2 SBH >of 20'orl/2 SBH >of 25'orl/2 SBH i0' 40' and 3 stones 20'/Clubhouse 35' 1 Bdrm= 650 SF 2 Bdrm= 900 SF 3 Bdrm= 1100 SF (I) Mmy be reduced on cul-de-sac lots upon approval by the Director ofplanmng. /2) Mimnum lot frontage in parenthesis applies in cases where a dwelling umt in a 2-fanuly structure is on an individually planed lot. (3) Buildings shall be set back a minimum of seven .fy-five feet from Whippoorwill Lane easement or future ROW, whichever is greater. Other PUD boundary setbacks are additional to reqmred perimeter buffers. (4) Lake setbacks are measured from the control elevauon established for the lake. SBH refer~ to "Sum of two adjacent Braiding Heights" for the purpose of determining setback reqmrements, NA refers to "structure not allowed." Page 9 B C D Off-Street Pari,::n_ and Loadin~ Requirements: .As required bv Division 2.3 of the Land Development Code in effect at the time of budding permit application. Open Space,'Naturai Habitat Presen'e Area Requirements: .4. Mimmum of sixty. (60) percent open space, as described in Section: 5 22 of the Land Development Code. shall be provided on-site. A minimum of twenty-five (25) percent of the ~iable naturally ~nctioning native vegetation on-site (natural habitat preserve area), including both the understory and the ~ound cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.95.5.3 of the Land Development Code. Landscapin~ ana Buffenng Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve Landscamng shall be in accordance with Division 2.4 of the Land Development Code. A twentv-five (25) foot landscape buffer will be required between mutti-farmlv and single-family land uses. Chain link and wood fencing are prohibited as perimeter project 5encing ZUong the site's frontage on any collector road. A]I fencing must be i00 feet from the public fight-of-way Architectural Standards .All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include similar architectural design and use of similar material and colors throughout all of the buildings, signs, and fences~walls to be erected on all of the subject parcels. Landscamng and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light su0dued colors with stucco except for decorative trim. Within any mulit-family project, all roofs, except for carports, shall Page 10 MAR be peaked and finished in tile or metal. Within any single-family or two-family project, all roofs, except for carports, shall be peaked and finished in tile, metal or architecturally designed shingles (such as Timberline). All pole lighting, internal to the project, shall be archiecturally designed, limited to a height of thirty (30) feet. Sign. s Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrances to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 30+- acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the Development. Such ground or wall sign(s) shall be architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. Page 11 AG~A i T r. LM No.~. 4.2 SECTION 1V PRESERVE AREAS PLAN PUT.POSE The purpose of this Section is to identi~ specific development standards for the Preserve ,~-eas as shown on Exhibit "A." PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Passive recreational areas, including recreational shelters. 2.Biking, hiking, and nature trails, and boardwalks. 3.Water management facilities and essential services. 4.Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6 !rev other use deemed comparable in nature bv the Development Serv/ces Director. Page 12 51 5.3 SECTION V DEVELOPMENT COMMITMENTS PLT, POSE The purpose of this Section is to set forth the commitments for the development of this PrOject. 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 Final Plat, Final Site Development Plan approval, or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply ro this ?roject even if the land uatin the PUD is not to be planed. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PD 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. pLrD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries, shall not be construed to be final and mav be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County. Land Development Code, amendments may be made from time to time. All necessary, easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilites and all common areas in the Project. Page 13 5¸4 5.5 5.6 5.7 SCHEDULE OF DEX. TLOP.V[ENT,CMONITORING REPORT A Site Development Plan shall be submitted per Count~' re~iations in effect at the time of site plan su=~rtal. The Project is projected to be completed in one t 1) or two ('2) phases. The land owners shall proceed and be governed according to the time limits set forth in Section 2.7.3.4. of the Land Development code. .Monitoring, Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. ENGINEERING This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and contruction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2, Subdivisions. WATER MANAGEMEN~T A copy of the South Florida Water Management District (SFW'MD) Surface Water Permit Application shall be sent to Collier County Development Sen'ices with the Site Development Plan (SDP) submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An excavation Permit will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks from the perimeter of the PUD may be reduced to 'twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. LFI'II~ITIES with Collier County Ordianance No.97-17, as amended, and other applicable Countv rules and r%gulafions. Page 14 Water distrubution sewage collection and transmission, and interim water and/or sewage treatment facilities to service the Project are to be desi~m~ed, constructed, conveyed, owned and maintained in accordance C 5.9 5.10 No on-site central sewage collection, treatment and disposal svstem shall be permitted. TRAFFIC The Applicant shall be responsible for the installation of arterial level street lighting at all Project entrances. Installation shall be in place prior to the issuance of any cerficicates of occupany. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity, and treatment for historical roadwav runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Any access road extensions to the project constructed by the Developer shall be to Collier County minimum construction standards. The portion of Whippoorwill Lane on the subject site shall be dedicated to Collier County upon completion of construction. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, fi.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 Counrv Code Enforcement Department contacted. A lake access, with associated recreational facilities, shall be constructed by the Developer and made available to all residents of the subject Project. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval bv the Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Page 15 .~1 conse~,'ation 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 simiiar to Section 704 06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity, or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward fi.om the edge of wetland preserves in all places and averaging twenty-five (25) feet fi.om the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. .an exotic vegetation removal, monitoring, and maintenance (exotic-flee) 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 Development Plan/Construction Plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potentional impact to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be subrmtted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Page 16 AGF. N~A I T'~Vt HAR 1~ 22~0 ,6. -1 /; l!l!iilt l til .ili~i!F,, ~ PARCEL I ...... The Northwest quarter fNW '/.) of the-Northwest quarter (NW %) of the South~st plus the Northwest quarter (NT~ ?,l of. the Northe~t quarter. (NE '/,) of.the Northw~t~lua~er '/,) of the Southeast quarter (SE ~/.) of Section l& Tow~nship 49 South, Rnnge 26 Fast. Collier County, Florida. PARCEL Il The South one-half (1/2) of the West one-half (I/2) of the East one-haft (1~ of the North one-half (1/'2} of the Nortliwest quarter ~ 1/4~ of the Southen~t quarter (1/4) of S~'tion l& Townsilip ,~9 Sout~ 1~nge ~-6 ~ Collier Count, Ylar]da. PARCEL HI The East one-half ('E ¼) of the East one-half ('E 'A) of the North one-half ('N ½) of the Northwest one- quarter (NW '/,) of the Southe~t one-quarter (SE ¼) of Section 18, Township 49 South, Range 26 E~t, Collier County, Florida. North ½ of the South ½ of the Northwes~ '/, of the Southeas~ ~ of Section 18, Tovrnship 49 South, l~nge ~6 East, Collier County, Florida. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION MAKING A FINDING OF NECESSITY FOR THE BLIGHTED AREAS OF BAYSHORE/GATEWAY TRIANGLE AND IMMOKALEE AND APPROVE A RESOLUTION TO ESTABLISH THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY. OBIECTIVE: To have the Board of Count), Commissioners receive and consider a report and presentation on the findings of conditions of blight in the Bayshore/Gateway Triangle Redevelopment Area and the Immokalee Redevelopment Area (attached) and to proceed with establishing the means to which redevelopment can be accomplished in the area including the creation of the Collier County Community Redevelopment Agency. BACKGROUND: The Planning staff has been working with the Davis Triangle and Bayshore neighborhoods for the past three years identifying issues and concerns that residents have on the existing conditions of their neighborhoods. Options were also identified to economically revitalize the commercial core and enhance the tax base of both residential and commercial property within those areas. To facilitate the development of a plan for the two neighborhoods that would include market potential and urban design criteria the BCC authorized staff to hire an outside consulting firm. A professional services contract was signed with Landers-Atkins Planners, Inc. of Jacksonville, Florida on September 1998 to prepare a redevelopment plan for the area. The Plan was presented to the Board in November 1999 and they directed staff to prepare a work plan and budget to implement the plan including the establishment of a Community Redevelopment Agency. On January 11, 2000 the Board of County Commissioners approved the work plan and budget which included establishing the Collier Count), Conzrnunity Redevelopment Agency. Chapter 163, Part III, Florida Statutes (the "Florida Community Redevelopment Act") provides a mechanism to enable a unit of local government to set up a Community Redevelopment Agency (CRA). The overall goal of the program is to encourage local initiative in community and neighborhood revitalization. To assist in the redevelopment efforts, local agencies may utilize Tax Increment Financing (TIF) to finance the implementation of the redevelopment plan. Certain actions are required under the Florida Community' Redevelopment Act in order to establish the necessary means by which redevelopment can be accomplished under the authorization and powers granted in Chapter 163, Part III, Florida Statutes. CONSIDERATIONS: With the adoption of these Resolutions, the Board of County Commissioners will declare the area of Bayshore/Gateway Triangle and Immokalee as blighted areas in the County and create the Collier County Community Redevelopment Agency. Staff is recommending that the Board of County Commissioners declare itself as the CRA Board and declare that all the rights and powers as outlined in Chapter 163, Part III, Florida Statutes be given to the CRA Board. Once established the CRA Board would establish advisory conmzittees for the Bayshore/Gateway Triangle and the Immokalee Redevelopment Areas. The next step will be the adoption of the Community Redevelopment Plan and the Tax Increment Financing ordinance. Staff anticipates that those items will be brought to the Board in June 2000. FISCAL IMPACT: Once the CRA Plan is adopted and the Tax Increment Finance ordinance is approved, revenues collected will have an impact on the General Revenue fund. A portion of the property taxes collected from the component areas will be designated for projects within the component area in which they were collected instead of going to the general revenue funds, General Fund 001, and the MSTD General Fund 111. Table One below demonstrates the impact tax increment revenues would have had on the General Fund this year if the CRA was established in 1999. Table One Projected Tax Increment Revenues Redevelopment Base Year ~'ear 2 Increment Mill Rate TIF Area 1998 1999 Bayshore/Gateway $320,261,428 $345,043,680 $24,782,252 .004026 $94,785 Immokalee $141,439,383 $148,524,409 $7,085,026 .004026 $121,883 Total $121,883 *Assumes the CRA ;vas established in 1999 with a frozen tax base of 1998. Mill rate is based on FY99/00 General Revenue Rate of 3.5058 and the MSTD General Fund Rate of .5203. TIF is 95% of the total tax increment revenues calculated based on State law that would be deposited into the Redevelopment Trust Fund. There may also be additional staffing needs to administer the CRA. These issues will be addressed during the FY00/01 budget preparation process as an expanded service. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element states that the Board of County Commissioners may consider redevelopment plans for several areas including the Bayshsore/Gateway Triangle area and Policy II.2.2 of the Immokalee Area Master Plan supports investigating alternative funding sources. The establishment of the Community Redevelopment Agency for these Pa, o component areas would meet the policies set forth in the Growth Management Plan RECOMMENDATION: The Board consider the Finding of Necessi~, Report and presentation and adopt the two Resolutions in the following order: 1. Adopt the resolution finding the existence of Pa, o blighted areas exists in the County and finding that redevelopment is necessary. 2. Adopt the resolution declaring the Board of County Commissioners to the Collier County Community Redevelopment Agency. -2- PREPARED BY: DEBRAH PRESTON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION February 29, 2000 DATE REV~_~_DBY: _~ . 5T~AN LITSIN~ER, AICI~ COMPREHENSIVE PLANNING MANAGER DATE REVIE.WED BY: ROBERT J. IvIULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: ,.. VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE C -3- 1 2 3 4 5 6 7 9 lO 11 12 13 14 15 16 18 19 20 21 23 24 25 26 2" 28 29 3O 31 32 33 34 36 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; FINDING BLIGHTED AREAS EXIST IN THE COUNTY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN THE PUBLIC INTEREST; FINDING A SPECIFIED AREA TO BE A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has received and considered a report and presentation by County staff and consultant which identified conditions within the boundaries of Collier County in the areas identified, described and depicted on Exhibit "A" attached hereto and made a part of this resolution (the "Area"); and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Area and has received and considered such other evidence of the conditions in the Area as have been presented to it, the Board of County Commissioners desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: Section 1. hereby find: Findings. The Board of County Commissioners does (a) Based 0pon the facts and evidence presented to and considered by the Board of County Commissioners, the following conditions exist in the Area: 1. Conditions are present in the Area that are detrimental to the sound growth of the county and which substantially ~mpair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare; and 4 and There is a predominance of inadequate or defective street layout: 9 lO 3. There is faulty and inadequate lot layout in relation to s~ze, adequacy, accessibility, or usefulness; and 4 There are unsanitary conditions as such relates to the conditions of the sanitary system and there are unpaved and deteriorating roadways resulting in unsafe public conditions; and There has been a deterioration of site and other improvements; and 12 6. There ~s a diversity of ownership or defective or unusual 13 conditions of title, which prevent the free alienability of land. (b', The notices required by Section 163.346, Florida Statutes (1999), have been timely published or mailed in accordance with said statute. I6 (c) Aciion must be taken immediately to prevent further blight and 1" deterioration and to protect and enhance public expenditures previously made in the 1 s Area. 19 Section 2. Finding of Necessity. The Board of County 20 Commissioners, based upon evidence presented to it and in the public record, does 21 hereby find that one or more "blighted areas" (as defined in Section 163.340(8), Florida 22 Statutes), exist within Collier County, Florida, and, further finds that the rehabilitation, % conservation or redevelopment, or a combination thereof, of such area or areas 24 described is necessary in the interest of the public health, safety, morals or welfare of 25 the residents of Collier County, Florida. 26 Section 3. Community_ Redevelopment Are,~. Based upon the facts 2? presented to it and contained in the public record, the Board'of County Commissioners 2s does hereby find tr~e Area (as hereinbefore defined) is a "bhghted area" (asthat term is _~e defined in Section 163.340(8'~. Ftorida Statutes (1999), and that such area constitutes a "community redevelopment area" as defined in Section 163.340(10), Florida Statutes (1999). Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act. Section 5. Severability. If any section or portion of a section of this resolution,' including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolultion. Section 6. Effective Date. This resolution shall become effective immediately upon its passage and adoption 15 19 2o 21 22 23 24 25 26 2~ 28 29 3O 31 32 of Section 7. This Resolution adopted after motion, second and majority vote this __ , 2000. day A'FI'EST: DWIGHT ~. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY David C. Weigel County Attorney EXHIBIT A BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION BEG SW CNR SECT 2, TWP 50, RNG 25, N 630', E 662', S 427', E 200', N 270', E TO THE E R/W LINE OF BROOKSlDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB, E TO THE SE CNR OF LOT 6, SUNSET SUB, S 92', E TO THE NW CRN OF LOT 55, BLKA, ROCK CREEK PARK, N TO THE NW CNR OF LOT 10, BLK B, ROCK CREEK PARK, E TO THE E SECT LINE SECT 2, TWP 50, RNG 25, S TO THE NW CNR OF SECT 12, TWP 50, RNG 25, E 670', S 773', W 200', S 735', W 200', S 990', E 460', S 330', E 972', S 1174', SWLY 481', NWLY 523', W 95', SWLY 730' TO THE NELY R/W LINE U.S. 41, CONT SWLY TO THE SWLY R/W LINE U.S. 41, NWLY ALG THE SWLY R/W LINE OF U.S. 41 TO ITS INTERSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761 ', N 1355', W TO THE W RAN LINE OF PINE STREET, N TO THE SE CNR OF LOT 2, BLK K, INOMAH SUB, W 100', N TO THE N R/W OF WASHINGTON AVE, CONT NWLY AND WLY ALG NLY R/W LINE WASHINGTON AVE TO THE SW CNR OF LOT 2, BLK C, INOMAH SUB, W TO THE W R/W LINE OF FREDRICK ST, N TO NE CNR LOT 9, COC-LEE-TERRACE SUB, W TO THE W SECT LINE OF SECT 11, TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2, TWP 50, RNG 25 AND THE POB AND BEG SE CNR SECT 23, TWP 50, RNG 25, N ALG THE E SECT LINES OF SECT 23 AND 14, TWP 50, RNG 25, TO E '¼ CNR SECT14, TWP 50, RNG 25, E TO THE SE CNR LOT 6, CREWS SUB, N TO THE S LINE OF HALDEMAN CREEK, E TO THE SWLY R/W LINE OF U.S. 41, NWLY ALG THE SWLY R/W LINE OF U.S. 41 TO ITS INTSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761', N 1355', W TO THE W R/W LINE OF PINE STREET, S TO THE S R/VV LINE OF MANGROVE STREET, W TO THE NW CNR LOT 14, BLK F, HALDEMAN RIVER SUB, S TO THE N LINE OF HALDEMAN CREEK, SWLY ALG THE N LINE OF HALDEMAN CREEK TO ITS INTSECT WITH THE W SECT LINE OF SECT 14, TWP 50, RNG 25, S ALG THE W SECT LINE OF SECT 14 AND 23, TWP 50, RNG 25, TO THE SW CNR OF SECT 23, TWP 50, RNG 25, E TO THE SE CNR OF SECT 23, TWP 50, RNG 25 AND THE POB. 2' BA Y$1'IORE / 8ATEWA Y TRIAIVSLE REDEVE/.OMEtlIT AREA 1lift IMMOKALEE COMMUNITY REDEVELOPMENT AREA DESCRIPTION BEG AT THE NW CNR SEC 25, TWP46, RNG28, THENCE E ALG N LINE SEC 25 TO NE CRN OF SEC 25 AND THE NW CNR OF SEC 30, TWP 46 RNG 29, THENCE E ALG THE N LINES OF SECTONS 30, 29, 28, 27, AND 26 TO THE NW CNR OF SEC 25, TWP 46, RNG 29, THENCE S ALG THE W LINE SEC 25 TO THE NW CNR OF THE SW 1/~ OF SW ¼ SEC 25, THENCE E TO THE NE CNR OF THE SW 1/~ OF SW 1/~ SEC 25, THENCE S TO THE S SEC LINE OF SEC 25 AND THE NE CNR OF THE W ½ OF NW ¼ OF SEC 36, TWP 46, RNG 29, THENCE S TO THE SE CNR OF THE W ½ OF NW 1/~ SEC 36, THENCE W TO THE W ¼ CRN SECTON 36, THENCE S TO THE SW CNR SEC 36 AND THE NW CNR OF SEC 1, TWP 47, RNG 29, THENCE E TO THE NE CNR OF SEC 1 AND THE NW CNR OF SEC 6, TWP 47, RNG 30, THENCE E TO THE NE CNR OF SEC 6, THENCE S TO THE SE CNR OF SEC 6, THENCE W TO THE SW CNR OF SEC 6 AND THE SE CNR OF SEC 1, TWP 47, RNG 29, THENCE W TO THE S 1/~ CNR SEC 1 AND THE N ¼ CNR OF SEC 12, TWP 47, RNG 29, THENCE S TO THE S 1/~ CNR SEC 12 AND THE N 1/~ CNR OF SEC 13, TWP 47, RNG 29, THENCE S TO THE CENTER OF SEC 13, THENCE W TO THE W ¼ CNR SEC 13 AND THE E ¼ CNR OF SEC 14, TWP 47, RNG 29, CONT W TO THE W 1/~ CNR OF SEC 14 AND THE E 1/~ CNR OF SEC 15, TWP 47, RNG 29, THENCE S TO SE CNR OF SEC 15, THENCE W ALG THE S LINE OF SEC 15 AND 16 TO THE SW CNR OF SEC 16, TWP 47, RNG 29, THENCE N ALG THE W LINE OF SEC 16 AND 9 TO THE NW CNR OF SEC 9, TWP 47, RNG 29 AND THE SE CNR OF SEC 5, TWP 47, RNG 29, THENCE W ALG THE S LINE OF SEC 5 AND 6 TO THE SW CNR OF SEC 6, TWP 47, RNG 29, AND THE SE CNR OF SEC 1, TWP 47, RNG 28, THENCE N TO THE E 1/~ CNR OF SEC 1, THENCE W TO THE SHORELINE OF LAKE TRAFFORD, THENCE ALG THE SHORELINE OF LAKE TRAFFORD NELY, NLY, NWLY, WLY, SWLY TO THE INTERSECTON OF THE LAKE TRAFFORD SHORELINE AND THE W SEC LINE OF SEC 35, TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 35, THENCE E TO THE NE CNR OF SEC 35 AND THE SW CNR OF SEC 25, TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 25 AND THE P.O.B. w~ r"'l ~ LU LU S 9V I S z~ I Collier County FINDINGS OF NECESSITY AND BLIGHTED CONDITIONS BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA IMMOKALEE REDEVELOPMENT AREA Table of Contents IV. INTRODUCTION STATUTORY DEFINITION BAYSHORE/GATEWAY TRIANGLE FINDINGS OF CONDITIONS IMMOKALEE FINDINGS OF CONDITIONS Page 1 Page 1 Page 2 Page 8 MAPS Bayshore/Gateway Triangle Redevelopment Area Immokalee Redevelopment Area Page 7 Page 13 I. INTRODUCTION The first step in creating a Community Redevelopment Agency (CRA) is a "Finding of Necessity" or a finding that one or more geographic areas in a municipality has conditions of "slum or blight", and that there is a need to rehabilitate, conserve and redevelop that area. Accomplished by Resolution of the governing body, this finding means that the rehabilitation, conservation or redevelopment or combination thereof is necessary. On January 11, 2000 the Board of County Commissions directed staff to prepare a Finding of Necessity for two areas with in Collier County: Bayshore/Gateway Triangle and Immokalee. This report details the Findings of Necessity" for the above referenced areas. II. STATUTORY DEFINITION OF SLUM AND BLIGHT IN CHAPTER 163.340 Chapter 163.340 of the Florida Statute defines slum and blight as the following: "Slum Area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; the existence of conditions which endanger life or property by fire or other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. "Blighted Area" means either: (a) An area in which there a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use: 1. Predominance of defective or inadequate street layout; 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 3. Unsanitary or unsafe conditions; 4. Deterioration of site or other improvements 5. Tax or special assessment delinquency exceeding the fair value of the land; and 6. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (b) An area in which there exists faulty or inadequate street layout; inadequate parking facilities; or roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. The following sections detail the findings of blighted conditions in the Bayshore/Gateway Triangle and the Immokalee areas that justify making a finding of Necessity for blighted conditions as outlined in Chapter 163, Florida Statute: III. BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA FINDINGS OF BLIGHT CONDITIONS Blighted Area [as defined in Section 163.340 (8). Florida Statutes] means either: (a) An area in which there are a substantial number of slum, deteriorated or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use: 1. Predominance of defective or inadequate street layout; The Bayshore/Gateway Redevelopment Area is characterized by a defective or inadequate street layout. These problems include: Inadequate street layout and design; Commercial parking problems; Lack of streetlights along major arterial and most local streets; Lack of sidewalks; and Lack of neighborhood connections. In the Bayshore/Gateway Redevelopment area there are three major collectors, Bayshore Road and Thomasson Drive and Shadowlawn Drive. The Collier County Land Development Code requires a minimum of 100 feet of right of way for collectors. Shadowlawn Drive bisects a residential community with an elementary school and several churches. It is located in the Gateway Triangle area and is a two- lane collector with 11 foot wide lanes. The right-of-way width of Shadowlawn Drive varies from 55 to 70 feet. Shadowlawn Drive does not have sidewalks or bike lanes and does not meet the 100' minimum right-of-way standard. Thomasson Drive is a two-lane facility. The roadway width is twenty feet which does not meet the County's standard of a twenty-two foot minimum width for collector roads. There are no sidewalks along Bayshore Road from Thomasson Road south to its terminous. The commercial areas are located on Davis Boulevard (SR 84), Airport Road, Bayshore Road and US 41. Davis Boulevard, Airport Road and US 41 are the area's major arterials. All are characterized by inadequate off-street parking and no available on-street parking. Along these early-established commercial corridors many businesses were constructed prior to the establishment of development standards for parking. The parking problem has worsened along Davis Boulevard and US 41 due to roadway widening from four to six lane facilities. On-street parking is no longer available on Davis Boulevard and some of the parking area along US 41 was acquired for the recent road widening of that facility. In some cases, parking lots are oriented in such a way that vehicles must back out into traffic. Most of the commercial areas are not linked to one another so there are no shared parking opportunities. Davis Boulevard has no streetlights creating a compromised nighttime travel condition. There is very little nighttime pedestrian activity and some businesses have taken measures to secure their properties with bars on windows and chain link fences along the perimeter of their properties. The residential neighborhoods are not linked to one another. The typical local street width is 18 feet in the area. The County standard for local roads is 20 feet. There is no street lighting or sidewalks on most local streets. 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness: The majority of land zoned for commercial development within this area is zoned General Commercial (C-4) and Heavy Commercial (C-5). Collier County Land Development Code requires a minimum lot size of 10,000 square feet with a minimum width of 100 feet. Most of the commercial lots in the area do not meet the minimum size of width required for commercial development. The lots accessed off of US41and Davis Boulevard have been reduced in size as a result of road widening projects of these two arterials. The C-4 and C-5 zoning district requires a minimum front yard setback of 25 feet, a side yard setback of 15 feet; and a 15 feet rear yard set back. The majority of buildings are located on or near the lot line, with no buffer. In addition, the entire commercial lots located between Pine Street and US41 were platted years ago when minimum standards were not applied and do not conform to most of today's standards. The majority of the land zoned for residential development in the Gateway Triangle area is zoned Residential Multiple Family - 6 district (RMF-6). The area consists of 359 acres of which 125 acres are zoned residential. There are 402 residential dwelling units within this area. The actual residential density is far below the approved density for the area, with 1 unit per 3 aces developed instead of the 6 units per acre allowed. The average age of the housing stock is 45- 55 years old. The RMF-6 zoning district has a minimum requirement of 6500 square feet with a width of 60 feet for a single family development; 12,000 square feet with a width of $0 feet for a two-family development; and 5,500 square feet per unit with a width of 100 feet for a three or more family residential development. Most of the residential properties in these zoning districts do not meet the minimum width required for residential development. Some do not meet either of the width or lot square footage requirements. Some of the buildings are non-conforming with regards to required minimum lot width, size, and setbacks. In the Bayshore neighborhood there is a mixture of residential zoning. The majority is RMF-6 and Residential Single Family-4 district (RSF-4). There are also Mobile Home (MH) and Village Residential district (VR) zoning within the area. The Collier County Land Development Code requires a minimum lot size of 7,500 square feet with a width of 70 feet for interior lots and 75 feet for corner lots for residential development in the RSF4 zoning district. The Collier County Land Development Code requires a minimum lot size of 6,000 square feet with a width of 60 feet for residential development in the VR and MH zoning districts. /,,¢(c) 1 Most of the residential lots in these zoning districts do not meet the minimum width required for residential development. On average the lots in these areas are forty to fifty feet wide. Most of the buildings are non-conforming with regards to required minimum lot width, size, and setbacks. 3. Unsanitary or unsafe conditions: According to 1990 Census Data, 0.10 percent of Bayshore/Gateway Triangle area households lack complete plumbing for exclusive use. In the entire county, this figure is 0.02 percent. In occupied housing units across the county for 1990, only 0.03 percent of the units had more than 1.51 or more persons per room. This figure for the Bayshore/Gateway area is 3.0 percent, reflecting a greater degree of overcrowding in the area (1990 Census). In the Bayshore/Gateway study area, 2 unsafe structures identified from January 1998 to February 2000. Sidewalks and streetlights are almost absent from local streets within the redevelopment area. 4. Deterioration of site or other improvements: Most of the local roads are poorly drained. Properties and roads are frequently flooded. Surface water management problems are present within the entire Bayshore/Gateway study area. These problems include localized flooding and direct discharge of stormwater run-off into Naples Bay. Significant and frequent flooding throughout the Gateway area is attributed to Iow elevations and inadequate stormwater management systems. Bayshore experiences the same problems. The entire Bayshore area, east of Bayshore Road, south of Haldemann Creek experiences the same significant and frequent flooding. South of Thomasson Drive, many of the local roads are unpaved and are poorly drained. 5. Tax or special assessment delinquency exceeding the fair value of the land: For purposes of this study, data is unavailable for this topic. 6. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. For purposes of this study, data is unavailable for this topic. (b) An area in which there exists faulty or inadequate street layout; inadequate parking facilities or roadways, bridges or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. The residential neighborhoods lack connection to one another. The current right of way along Shadowlawn Drive is inadequate to provide needed improvements and acquisition of additional right of way would negatively impact the community. 1 The commercial lots lack adequate parking facilities. There is no public transportation provided within the study area. The local streets do not meet the County standards of right -of- way width, pavement width, or placement of sidewalks. Housing Affordability [as defined in Section 163.355 (8) F.S.] means: An area in which there is a shortage of housing affordable to residents of Iow or moderate income, including the elderly. There is a great demand in the County for affordable housing. According to the Florida Association of Realtors, the Naples MSA is the least affordable community in the State. In 1996, the median sales price for a single family home in the MSA was $180,000. In addition, only 31% of all dwelling units sold in 1995 were under $99,000. While there are opportunities for obtaining affordable housing in the Bayshore/Gateway Traingle Redevelopment Area, the average 1999 sales price for a single family home was $108,267. The current trends predict that acquisition and rental prices will continue to rise. According to Kiplinger's Personal Finance it is projected that within the next ten years home values in Naples are expected to grow by 75.1 percent. CONCLUSION OF FINDINGS OF BLIGHT It is the conclusion of this study that the Bayshore/Gateway Triangle study area clearly has a predominance of defective or inadequate street layout, faulty lot layout, unsafe or unsanitary conditions, and deterioration of a site or other improvements as set forth in Chapter 163 for designation as a blighted area and that rehabilitation, conservation, or redevelopment, or a combination thereof, of the Bayshore/Gateway study area is necessary and advisable in the furtherance of the public interest of residents of Collier County. ,'7 BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA LEGAL DESCRIPTION BEG SW CNR SECT 2, TWP 50, RNG 25, N 630', E 662', S 427', E 200', N 270', E TO THE E R/W LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB, E TO THE SE CNR OF LOT 6, SUNSET SUB, S 92', E TO THE NW CRN OF LOT 55, BLKA, ROCK CREEK PARK, N TO THE NW CNR OF LOT 10, BLK B, ROCK CREEK PARK, E TO THE E SECT LINE SECT 2, TWP 50, RNG 25, S TO THE NW CNR OF SECT 12, TWP 50, RNG 25, E 670', S 773', W 200', S 735', W 200', S 990', E 460', S 330', E 972', S 1174', SWLY 481', NWLY 523', W 95', SWLY 730' TO THE NELY R/W LINE U.S. 41, CONT SWLY TO THE SWLY R/W LINE U.S. 41, NWLY ALG THE SWLY R/W LINE OF U.S. 41 TO ITS INTERSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761', N 1355', W TO THE W R/W LINE OF PINE STREET, N TO THE SE CNR OF LOT 2, BLK K, INOMAH SUB, W 100', N TO THE N R/W OF WASHINGTON AVE, CONT NWLY AND WLY ALG NLY PJW LINE WASHINGTON AVE TO THE SW CNR OF LOT 2, BLK C, INOMAH SUB, WTO THE W R/W LINE OF FREDRICK ST, N TO NE CNR LOT 9, COC-LEE-TERRACE SUB, W TO THE W SECT LINE OF SECT 11, TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2, TWP 50, RNG 25 AND THE POB. AND 50, BEG SE CNR SECT 23, TWP RNG 25, N ALG THE E SECT LINES OF SECT 23,~ND 14, TWP 50, RNG 251 TO E ¼ CNR SECT14, TWP 50, RNG 25, E TO THE SE CNR LOT 6, CREWS SUB, N TO THE S LINE OF HALDEMAN CREEK, E TO THE SWLY Pu'W LINE OF U.S. 41, NWLY ALG THE SWLY R/VV LINE OF U.S. 41 TO ITS INTSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761', N 1355', W TO THE W R/W LINE OF PINE STREET, S TO THE S R/W LINE OF MANGROVE STREET1W TO THE NW CNR LOT 14, BLK F, HALDEMAN RIVER SUB, S TO THE N LINE OF HALDEMAN CREEK, SWLY ALG THE N LINE OF HALDEMAN CREEK TO ITS INTSECT WITH THE W SECT LINE OF SECT 14, TWP 50, RNG 25, S ALG THE W SECT LINE OF SECT 14 AND 23, TWP 50, RNG 25, TO THE SW CNR OF SECT 23, TWP 50, RNG 25, E TO THE SE CNR OF SECT 23, TWP 50, BAY$1YORE / SA TEWA Y TRIAtlI$IE REDEVE/.OMEIIIT AREA IV. IMMOKALEE REDEVELOPMENT AREA FINDINGS OF BLIGHT CONDITIONS Blighted Area [as defined in Section 163.340 (8), Florida Statutes] means either: (a) An area in which there are a substantial number of slum, deteriorated or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use: 1. Predominance of defective or inadequate street layout; The Immokalee Redevelopment Area is characterized by a defective or inadequate street layout. Most Immokalee residents walk or bicycle to work, school and shopping. Few adequate bicycle and pedestrian facilities are available throughout the Immokalee study area. Problems include: Inadequate street layout and design Lack of shoulders and guardrails along streets adjacent to deep and wide drainage swales Poor access to Comme~'cial and Industrial parking and access problems Few sidewalks available for a predominately pedestrian population A general lack of neighborhood connections to each other The major arterial roadways are State Road 29, Immokalee Road and New Market Road (SR 29A). State Road 29 is a two-lane facility that widens to four lanes through the small downtown area. The four-lane segment is called Main Street and is the focus of redevelopment and economic revitalization. It is the only segment with on-street parking and sidewalks on both sides. The two lane segments of State Road 29 north and east of Main Street are two lanes with no sidewalks. New Market Road is a two lane facility with 100 feet of right-of-way and no sidewalks, paved shoulders, or turn lanes. The remaining right-of-way and truck parking is limestone. Vegetable and fruit packing houses and the State Farmers Market are located along this street. Trucks are encouraged to use this street as a bypass road to avoid the downtown area and to pick up goods for transport. The roadway is in poor condition and maintenance costs are high due to damage by trucks dragging limestone on roadway. Although many people walk or bicycle to work in this area, pathway facilities are unavailable. Immokalee Road intersects with SR 29 at the beginning of Main Street. North of Main Street it narrows to two lanes and has a sidewalk on the west side only. Major problems exist along many of the local roads. There are few sidewalks. Typical local street widths are less than twenty feet required in the Collier County Land Development Code and open stormwater systems are adjacent to roadways without paved shoulders or guardrails. For example, south of State Road 29, along 9th Street, there are deep, wide drainage ditches on both sides of the roadway. There are no sidewalks and no guardrails to safeguard pedestrians and motorists. The roadway width is eighteen feet and there is not enough right o,,f,~ way to construct pathway facilities without converting the open swales to a covered stormwater system. In addition, many residential neighborhoods are not linked to one another and most of the commercial areas are not linked to one another. The Immokalee Regional Airport and Industrial Park lacks adequate water and sewer service and stormwater management facilities to sufficiently handle the projected future development. County Road 846 that leads to Airpark Blvd. is a two-lane facility with narrow lanes and no paved shoulders. This facility does not adequately address the projected increase in truck traffic due to the future development of the airport and industrial park. 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness: The majority of commercial lots are zoned General Commercial District (C-4) or Heavy Commercial District (C-5). In the C-4 and C-5 zoning district a minimum lot size of 10,000 square feet, with a width of 100 feet for commercial development is required. Many of the commercial lots in these zoning districts do not meet the minimum width required for commercial development. Some do not meet either of the lot width or lot square footage requirements. Existing buildings are frequently non-conforming with regards to required minimum lot width, size, setbacks, and buffers. The RMF6 zoning district has a minimum requirement of 6500 square feet with a width of 60 feet for a single family development; 12,000 square feet with a width of 80 feet for a two-family development; and 5,500 square feet per unit with a width of 100 feet for a three or more family residential development. The majority of lots are non-conforming and rebuilding on these lots may require the owner to seek a variance from the development standards. In the South Immokalee area over 50% of the platted lots are non-conforming. The majority of these lots are zoned C-4 or RMF-6. A majority of the mobile home parks in the Immokalee community were developed in the 1970's and do not meet the minimum standards and permitted densities. The Collier County Land Development Code requires a minimum lot size of 6,000 square feet with a width of 60 feet for residential development in the VR and MH zoning districts. It is common in the Immokalee Community to have intensive commercial uses located adjacent to residential uses without adequate buffering between the uses. 3. Unsanitary or unsafe conditions: According to 1990 Census Data, 1.2 percent of Immokalee' area households lack complete plumbing for exclusive use. In the entire county, this figure is 0.2 percent. In occupied housing' units in Immokalee according to the 1990 U.S. Census, 6.8 percent of the owner occupied units and 16 percent of the renter occupied units had more than 1.51 or more persons per room. This figure is .03 for the entire County reflecting a greater degree of overcrowding in the Immokalee area. Based on the 1994 Immokalee Housing Study, there were a total of 4,957 housing units of those 1,282 or 26% are in need of rehabilitation. (b) In the Immokalee study area, 19 unsafe buildings and 4 unsecure structures were identified from January 1998 to February 2000.. Sidewalks are almost entirely absent from the redevelopment area. There is a lack of street lighting in the most of the residential neighborhoods. Wide and deep open swales are present in the South Immokalee neighborhoods. They accumulate stagnate water and trash. The disposal of garbage in the Immokalee area is a problem. Lack of adequate dumpsters for the mobile home parks and commercial establishments results in a serious litter problem. The Immokalee Water and Sewer District covers approximately 27 square miles and most of the Urban area of Immokalee. However, the geographic area served by the district is considerably smaller. Additional treatment plants and distribution lines will be needed to serve the. entire community. The Immokalee Water and Sewer District is under a consent order from the Department of Environmental Protection due to insufficient handling of their effluent. The sprayfields are inadequate. No new sewer hook-ups can be permitted unless the District can show a reduction of flow to the system. There are a few separate collection systems that were permitted prior to the creation of the district. Those systems need to be upgraded and included within the district's authority. An example is the Baker Street area which is on a separate collection system. There have been three reported failures since 1997 where raw sewage was deposited on the ground. Deterioration of site or other improvements: Surface water management problems are present within the entire Immokalee study area. These problems include localized flooding in neighborhoods in the northeast section of the study area. Many local roads within the study area are poorly drained and experience flooding, as well. Some of the roads are unpaved and poorly drained. In South Immokalee where a high concentration of rental units and pedestrian traffic occurs the typical open drainage ditch is 4 feet deep and 15 feet wide. Tax or special assessment delinquency exceeding the fair value of the land: For purposes of this study, data is unavailable for this topic. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. For purposes of this study, data is unavailable for this topic. An area in which there exists faulty or inadequate street layout; inadequate parking facilities or roadways, bridges or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. The residential neighborhoods lack connection to one another. ]0 In a primarily pedestrian community, there is a lack of an integrated sidewalk system connecting residential areas with commercial establishments. There is no public transportation system. The commercial lots along Main Street and First Street lack adequate parking facilities. New Market Road does not adequately address the needs of the semi-trucks and trailers that transport the farm products out of the area. Heavy truck traffic on local streets intrudes residential neighborhoods and has had a negative impact on commercial redevelopment activities. SR 29 does not provide the number of lanes needed to adequately serve the Immokalee Regional Airport and Industrial Park. Housing Affordability [as defined in Section 163.355 (8) F.S.] means: An area in which there is a shortage of housing affordable to residents of Iow or moderate income, including the elderly. A housing unit is considered affordable if the monthly payments do not exceed 35 percent of the monthly income for principal, interests, taxes, and insurance. According to the 1994 Immokalee Housing Study 36 percent of the households with a mortgage and 40 percent of renter occupied households pay more than 35 percent of their income for housing. According to the study of those persons making less than $10,000,72 percent pay more than 35 percent of their income to rent. The median household income in 1990 according to the U.S. Census Bureau was $15,170. Forty- five percent of the population in Immokalee is below the poverty level. The population growth, as well as high seasonal farm labor population, has produced a critical demand for housing according to the 1999 Empowerment Alliance of Southwest Florida Strategic Plan. There is a shortage of Iow and moderate income housing in the Immokalee Community CONCLUSION OF FINDINGS OF BLIGHT It is the conclusion of this study that the Immokalee study area clearly has a predominance of defective or inadequate street layout, faulty lot layout, unsafe or unsanitary conditions, and deterioration of a site or other improvements as set forth in Chapter 163 for designation as a blighted area and that rehabilitation, conservation, or redevelopment, or a combination thereof, of the Immokalee study area is necessary and advisable in the furtherance of the public interest of residents of Collier County. 11 IMMOKALEE REDEVELOPMENT AREA LEGAL DESCRIPTION BEG AT THE NW CNR SEC 25, TWP 46, RNG 28, THENCE E ALG N LINE SEC 25 TO NE CRN OF SEC 25 AND THE NW CNR OF SEC 30, TWP 46 RNG 29, THENCE E ALG THE N LINES OF SECTONS 30, 29, 28, 27, AND 26 TO THE NW CNR OF SEC 25, TWP 46, RNG 29, THENCE S ALG THE W LINE SEC 25 TO THE NW CNR OF THE SW ¼ OF SW ¼ SEC 25, THENCE E TO THE NE CNR OF THE SW ¼ OF SW ¼ SEC 25, THENCE S TO THE S SEC LINE OF SEC 25 AND THE NE CNR OF THE W ½ OF NW ¼ OF SEC 36, TWP 46, RNG 29, THENCE S TO THE SE CNR OF THE W ½ OF NW ¼ SEC 36, THENCE W TO THE W ¼ CRN SECT©N 36, THENCE S TO THE SW CNR SEC 36 AND THE NW CNR OF SEC 1, TWP 47, RNG 29, THENCE E TO THE NE CNR OF SEC 1 AND THE NW CNR OF SEC 6, TWP 47, RNG 30, THENCE E TO THE NE CNR OF SEC 6, THENCE S TO THE SE CNR QF SEC 6, THENCE W TO THE SW CNR OF SEC 6 AND THE SE CNR (DF SEC 1, TWP 47, RNG 29, THENCE W TO THE S ¼ CNR SEC 1 AND THE N ¼ CNR OF SEC 12, TWP 47, RNG 29, THENCE S T(D THE S ¼ CNR SEC 12 AND THE N ¼ CNR OF SEC 13, TWP 47, RNG 29, THENCE S T(D THE CENTER OF SEC 13, THENCE W TO THE W ¼ CNR SEC 13 AND THE E ¼ CNR OF SEC 14, TWP 47, RNG 29, CONT W TO THE W ¼ CNR OF SEC 14 AND THE E ¼ CNR OF SEC 15, TWP 47, RNG 29, THENCE S TO SE CNR OF SEC 15, THENCE W ALG THE S LINE ©F SEC 15 AND 16 TO THE SW CNR (DF SEC 16, TWP 47, RNG 29, THENCE N ALG THE W LINE OF SEC 16 AND 9 T(D THE NW CNR OF SEC 9, TWP 47, RNG 29 AND THE SE CNR OF SEC 5, TWP 47, RNG 29, THENCE W ALG THE S LINE OF SEC 5 AND 6 TO THE SW CNR OF SEC 6, TWP 47, RNG 29, AND THE SE CNR OF SEC 1, TWP 47, RNG 28, THENCE N TO THE E ¼ CNR (DF SEC 1, THENCE W TO THE SHORELINE OF LAKE TRAFFORD, THENCE ALG THE SHORELINE OF LAKE TRAFFORD NELY, NLY, NWLY, WLY, SWLY T(D THE INTERSECTQN OF THE LAKE TRAFFORD SHORELINE AND THE W SEC LINE OF SEC 35, TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 35, THENCE E TO THE NE CNR OF SEC 35 AND THE SW CNR (DF SEC 25, TWP 46, RNG 28, THENCE N TO THE NW CNR (DF SEC 25 AND THE P.(D.B. ]2 ~ 91z I S ~z I I I EXECUTIVE SUMMARY PETITION A-99-04, RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, PA. 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. OBJECTIVE: The objective of this administrative appeal is to determine whether the Collier County Planning Commission propedy applied the provisions of Section 2.7.3.5 of the Land Development Code (LDC) in their determination that the changes to the Carillon PUD Master Plan were insubstantial, and further, based their decision on substantial competent evidence. CONSIDERATIONS: Section 2.7.3.5.2 of the Land Development Code allows the Collier County Planning Commission to approve minor changes to the PUD Master Plan. The LDC contains eleven specific criteria that would qualify a PUD amendment substantial. The Planning Commission must determine that none of the eleven criteria applies to the requested amendment in order to make an insubstantial determination. The property owner's agent filed an insubstantial change application with the County to expand the commercial area to the east of the existing buildings along Pine Ridge Road. The PUD Document allows up to 319,000 square feet of commercial building. The existing commercial buildings occupy 282,413 square feet in area. The Carillon PUD Master Plan does not cleady delineate areas zoned for different uses, such as commercial and residential uses. The PUD Document indicates that 24.01 acres must be used for commercial uses for a maximum building area of 319,000 square feet. The Document also indicates that 6.23 acres must be used for residential uses for a maximum of 180 dwelling units. In addition certain acreages are allotted to water management facilities and buffer areas. For purposes of density a portion of the water management area is assigned to the residential tract to justify the number of units originally approved. During the application submission process staff were lead to believe that the gross acreage that was legally attributable to the residential tract would not be affected by the extension of commercial development. Based on this information staff recommended to the CCPC that this petition met the criteda for an insubstantial amendment. Subsequent to the approval by the CCPC, it was brought to staffs attention that there were some discrepancies and additional facts not considered by the staff and CCPC. These facts contradict, to a degree, statements made on the record by the applicant's representative. The property owners, and thus their representative were in a position to have knowledge of these facts. The land use and area calculations provided to staff to prove that 'the request is consistent with the intent of the PUD Document were acceptable; however, the applicant failed to indicate on the application or on any other occasion that they no longer control the entire parcel. In order for the new acreage calculations to be consistent with the PUD Document some land use changes were necessary in areas that the applicant no longer owns. Furthermore, in the Planning Commission hearings the applicant's agent testified that the area proposed for commercial was never intended for residential uses. This testimony contradicts the Plat back-up plans that show multi-family buildings and is labeled as "Residential" tract. The Collier County Planning Commission reviewed petition PDI-99-05 on November 21, 1999 and by a vote of 8-0 approved the request. Attached to this report is a copy of the verbatim minutes of the CCPC meeting. FISCAL IMPACT: There is a $200 application fee for this appeal which is deposited in Revenues in Fund 113, Cost Center 138900. GROVVTH MANAGEMENT IMPACT: None. STAFF RECOMMENDATION' It is staffs recommendation that the Board of Zoning Appeals remand this petition back to the CCPC for reconsideration given the conflicting and additional facts. 2 A -~C..~.NDA ~TEM 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER RC ~IAED ~. N~I~O, AICP, MANAGER CURR~NT PLANNING DATE DATE DATE VED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE 2000 KEVIN G. COLEMAN J. DUDLEY GOODLETI'E KENNETH R. JOHNSON RICHARD D. YOVANOVICH Robert Mulhere, AICP Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34105 GOODLETTE, COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW NORTHERN TRUST BANK BUILDING 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 (941) 435-3535 (941) 435-1218 FACSIMILE E-MAIL: gcj@sprintrnail.corn !"' N°vemb.er 30, 1999 i , A 99-.04 LINDA C. BRINKMAN ScoTr M. KETCHUM KEVIN R. LOTrES HAROLD J. WEBKE, III .......... ~1,~ HAND DELIVERY RE' Notice of Appeal of Collier County Planning t;ommiss)on Decision on Petition PD1-99-05, Carillon PUD Dear Mr. Mulhere: Our firm represents both the Kensington Park Master Association and the Yorktown Neighborhood Association. Several members of these associations spoke against the Petition at the November 4, 1999 Collier County Planning Commission hearing. In addition, Richard Henderlong, an officer in the Kensington Park Master Association, spoke against the Petition. It is our clients' position that the Collier County Planning Commission improperly determined that the change to the Carillon PUD Master Plan was insubstantial. In addition, the Petitioner's representative made representations regarding the intended development on a portion of the PUD Master Plan which are unsupported by the record and the files pertaining to the Carillon PUD. These representations were clearly relied upon by the Collier County Planning Commission in determining whether the proposed change to the Carillon PUD Master Plan is insubstantial. Accordingly, please accept this letter as our clients' formal appeal of the Collier County Planning Commission's decision pursuant to Section 5.2.11 of the Collier County Land Development Code. Our clients are clearly aggrieved and adversely affected parties and have standing to appeal the Collier County Planning Commission decision. We are enclosing the fee for the appeal in the amount of $200.00. We look forward to presenting our case to the Board of County Commissioners as quickly as possible. If you have any questions regarding this matter, please feel free to contact me. rcf c Jeff Mangan Richard Henderlong F:\DATA\WPDATA\LITIGATE\KEN SlNG'~MUL Very truly yours, Richard D. Yovanovich tERE.LTR ~ROM :GOO~LETTE, C3LEM~N EXCERPT TRANSCRIPT OF THE MEETING OF COLLIER COUNTY PLAArNiNG COMMISSION Naples, Florida, November 4, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County o~ Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: ACTING CEAIRMAN: Michael Pedone Michael J. Bruet Russell A. Priddy Michael Pedone Karen Urbanik Gary Wrage Ken Abernathy Joyceanne Rautio NOT PRESENT: Russell A. Budd Ron Nino, Current Planning Manager Marjorie M. Student, Assistant County Attorney C Page 1 AGF~'C~)A ITF..h¢ MAR 2000 ACTING COM~IS$!ONER PEDOATE: And I don't have anything to report, because I'm not really the chairman. So let's go on to advertised public hearings, to number C, which would be Petition PDI-99-05, Carillon. MR. BADAMTCHIAN: Good morning, commissioners, Chahram Badamtchian from planning services staff. Mr. -- ACTING COMMISSIONER PEDONE: Chahram? Anyone who wishes to speak on this petition, would please stand and be sworn in. (Ail speakers were duly sworn.) ACTING COMMISSIONER PEDONE: Ail right, Chahram. MR. BADAMTCHIAN: Good morning. Mr. Michael Fernandez, representing wallace L. Lewis, Jr., Trustee, is requesting the approval of an insubstantial change to the Carillon PUD master plan. The Carillon PUD is located at the corner of Airport Road and Pine Ridge Road. And the old master plan -- this is the master plan that was approved with that PUD. It's upside down. MEMBER OF AUDIENCE: We can't hear what you're saying. COMMISSIONER ABERNAT.HY: I don't believe your microphone is working. MR. BADAMTCHIAN: It's not working? COMMISSIONER ABERNATHY: Well, you're not standing close enough to it, then. MR. BADAMTCHIAN: He's fixing it. The old master -- the old master plan showed commercial along Airport Road, and there is residential in the back. And the old master plan showed the footprint of a large building with five -- with five out-parcels. The petitioner is requesting to amend this master plan to show two additional buildings on the east side of the property. This PUD was approved with 319,000 square feet of commercial; however, they have built 282,000 square feet; therefore, they have 36,000 square feet more that they can build. The PUD was approved for 180 dwelling Ltnits, and the PUD document says 180 dwelling units and 6.23 acres of land.' And the request is just to add more buildings on the east side. And they're also eliminating one lake, which was shown on the original master plan. And basically that is the extent of the request. Staff reviewed this petition. It complies with their requirements of our code, even though it is a little bit on the borderline of being an amendment to the SDP -- PUD, sorry. Therefore, staff recommends approval of this petition. COMMISSIONER BRLTET: Mr. Chairman? ACTING COMMISSIONER PEDO~TE: Yes. COM}4ISSIONER BRLTET: Chahram, a question. What constitutes really the difference between stLbstantial and insubstantial as it relates to land uses? MR. BADAMTCMiAN: For one thing, they are not changing any Page 2 AGE.~A iTF.~ FEB 2000 NJ~mber 4, 1999 language in the PUD document. It's Just the map change. And they are -- this change will not increase the traffic. This one was approved for 319,000 square feet of commercial. Therefore, adding more building is not going to change the approved traffic there. The board reviewed this petition, approved it for 319,000 square feet of commercial, and they are not going to increase that. A number of residential dwellings are not increasing, it's just where the buildings are going to be built. That's the only change. COMMISSIOAIER BRIIET: So you weigh the impacts of changes more than the change in land use itself? MR. BADD34TCHI~kN: Correct. The master plan that was approved doesn't really show the boundaries between the commercial and residential tracts. Everybody assumed that the tract in the back is for residential uses and the front tract is for commercial. But that's not how the PUD document reads. COMMISSIONER BRUET: I ~uess looking at the original submitted and approved PUD and looking at what's in front of us today, and trying to understand why this is not a substantial deviation, when I see areas that indicate multi-family tract now has a commercial parcel, then I look south 8and I see a second commercial parcel, and I look at the master plan, of course I only see five, and now we're up to seven. I realize the square footage hasn't changed, but to me those are different land uses. I see a lake that's gone. I'm Just trying to sort this out, because I've been through this Process before and I have not been this fortunate. ~R. BADA~TCHIkN: As I said, this borders -- this line project, that's almost a PUD amendment. However, the PUD was approved for 180 units on 6.23 acres. And they will have 6.23 acres for residential uses. It was approved with 12. -- I have it somewhere. 12. I believe 9. MR. NINO: 12.9. MR. BADAMTCHIAN: !2.9 acres of open space, landscaping and lakes and water management. They will have that. COMM. ISSIOArE, R BRUET: Yeah, but not to the current standards for buffering and the like, right? We,re not opening -- MR. BADD~TCHIAN: Nothing is done, but -- COMMISSIONER BRUET: -- the whole PUD. MR. BADAMTCEIAN: We are not opening the PUD for review. COMMISSIONER BRUET: Ail right. Well, obviously I'm going -- I have a little problem with this, and I ~uess because I,ve been through the process before and not been this fortttnate. ACTING COMMISSIONER PEDONE: Anyone else have any questions for staff? Being none, we'll hear ~rom Mr. Fernandez. MR. FER/~ANDEZ: Good mornlng, commissioners. Michael Fernandez for the petitioner. I hope I can shed some light on the issues and satisfy Mr. Bruet's concern. To start with, I'd like to provide you with a hand-out, if I may, that I'll be referencing. Page 3 ~'F--;CIM : GOC'DLETTE, 1999 COM~ISSIONER PRIDDY: I'll just pass them down. MR. FEP_NARDEZ: The first page of the hand-out that you'll been receiving has been highlighted, and it's an excerpt from the PIID document that was approved. And it states that site design changes shall be permitted subject to Collier County staff administrative approval where such changes are consistent with the intent of the PUD document and do not cause significant impact to surrounding abutting -- properties abutting Carillon. We, when we originally approached that, suggested to them that we thought that this was actually an administrative change and not an insubstantial. The document -- or the code basically has criteria that outlines whether there's technical requirements to be an inzubstantial change. We provided staff with a item-by-item delineation of what those -- how we address those items, including there is no change to the access points to this petition. The access points remain exactly as they were in the original petition. The buffers remain the same. The square footage of approved commercial remains the same. The area, the acreage of residential, the acreage versus the commercial remain the same. The PUD document itself didn't define those areas definitively where residential and where commercial is to be located. If you'll turn to your second page of your doc -- of the hand-out, I think this will shed the light that you're looking for. The PUD document basically listed commercial for 24.01 acres, residential for 6.23. The balance of 2.97 to be utilized for open space and green space that could be located anywhere within the PUD. And the master plan shows little arrows. Well, here's a green space here, there's a green space there. The basis for that is there is a requirement of 30 percent open space for the commercial and 30 percent for the residential within this PUD. As you can see, that equates to where the commercial tract -- for the commercial tract, a total of 10.295 acres of open space for a total acreage of 34.305. The residential tract was limited to 2.23 acres, plus its 30 percent component of 2.675 for a total of 8.905 acres. And as you can see by the tabulation, these add up to the totals that are shown, both within the PUD document and within the master plan. Currently our client, who is the original developer of Carillon, still retains three tracts that total 12.56 acres. If you subtract that residential component out of 8.905, he's left with 3.655 acres of commercial, which includes its 30 percent requirement of open space. Therefore, of the remaining area it's impossible -- we're not allowed to use the entire parcel as residential. And in fact, if you'll look at the graphic over here to my left, you'll see that what we've done within that area is shown in green that area that adds up to the 6.23 acres. This area. And then the area that,s also green that is hatched provides the open space component. So between these two elements, we have a total of 8.905 acres, therefore, satisfying that acreage requirement or maximization within Pa e 4 AGEt,~A iTF.~I .... . , t,.u .JU FPCIr'l :GQO2LETTE, COLEMAN 941 42S 1219 ~046 P.06.'25 the PUD. It was never intended that this whole area be commercial -- or be residential. In fact, we would suggest to you that to place residential development on Pine Ridge Road at the entry to the shopping center is not a viable use. I mean, you've got traffic on both sides, and you're totally hemmed in. It's not desirable. The commercial is supposed to be a transitory use to the residential, which was always intended to be in the southeast quadrant of the project. ~Llways behind the commercial. And that's the key. It's always behind the commercial. So that it's impossible for -- to use that acreage anything bur for residential -- or for commerqial that fronts on Pine Ridge Road. All we're asking is that we have the ability to put the buildings there. And as I read to you in that first page, we -- the site plan was always given that flexibility so that they could have adjustments to it. Otherwise, right now what we could do with that commercial piece is simply pave i5 and put our appropriate landscaping and put the light poles that would be put in the shopping center. An~ we could have, for instance, a -- we could have an auto dealership there or something similar to that. We Just could~'~ put the buildings on there. Although we have told -- we have suggested to staff we really believe that we have that ability. Bu~ that ms commercial acreage. It has always been commercial acreage. This is a very straightforward, technical adjustment to the master plan. It is not a substantial change. One thing that we have -- we would also tell you that hopefully will give you some level of comfort is that the PUD also requires -- and i5 was one of the first to do so, and this was before the architectural design standards were established -- that all buildings within the development be architecturally integrated. And we're (sic) certainly have always understood that. A~d the new building or buildings will comply with that. It will be similar materials and design to the existing structures that are already within the shopping center. In addition to that, we have made a commitment to our neighbors, and we've had a couple meetings with some of our neighbors, that the light fixtures -- and i~ you look at the poles out on Carillon, they're very tall, and they create somewhat of a light cloud at that intersection. We've committed to them that we will maintain -- put the new ones in at no higher than 20 feet so that the light is closer to the ground 'level and won't disturb their development. Between Carillon and Kensington there is an additional tract of property. That tract is an agriculturally zoned piece of property. It currently has located on it the fruit shop out front, the little chickee building. It's 80 feet wide, where this commercial tract is supposed to be. It lessons to 60 feet width further on. And between it and Kensington, or the residential units in Page 5 N~ber 4, 1999 Kensington, you have our buffer, then you have their buffer, which is fairly mature and on a berm. You then have a 60-foot right-of-way that has a road. A~ud then you have a setback of 25 feet to the residences. We've calculated the setbacks. The closest our building would be to one of their residential structures is 195 feet. That's a considerable distance. We don't see that we are doing -- we are not having any greater impact with putting a building there than we would have with a parking lot with its associated light fixtures. We see this as a very technical modification. And as I've said, we've gone through item per item, as staff has done, and shown that it is not a substantial change. Mr. Passidomo is our legal counsel and he's here in case any additional questions arise. If you have any questions of me, I'd be more than happy to address them now. ACTING COMM. ISSIONER PEDONE: Yeah. Mr. Fernandez, what will the height of the building be? MR. FER/~'ANDEZ: We've made a commitment that it won't be any higher than the existing buildings there. So again, what we'll do is just keep the shopping center ongoing. ACTING COMMISSIONER PEDONE: Anyone else? COMMISSIONER BRUET: Yes. Now does that compare with the heights that are there today, Michael? The existing PUD heights, building heights. ~R. FERNANDEZ: The PUD actually allows for 50 feet of height, or five stories. Approximately five stories. So obviously by the existing building there's probably somewhere around 30, 35 feet. So we're look -- which is the same height that ~he residential structures are permitted to be adjacent Kensington. And again, we're looking at about 195 feet difference between the two. The concern that I've really heard from the residents so much that they're looking to maybe address is the residential aspect of our project, which really is not subject of what we're trying ~o do here. And if you look at our PUD master plan amendment, you'll see that the only area that's highlighted in yellow is that area that deals wish the commercial aspects. We're not modifying the residential portion at all. COMMISSIONE. R BRUET: May I, Mr. chairman? ACTING COMMISSIOATER PEDONE: Yes. COMMISSIONER BRUET: Michael, the buffering requirements from commercial to residential, you've kind of escaped those by going through this process. Are you willing to bring a buffer up to -- MR. FERNANDEZ: Current standards -- COMMISSIONER BRUET: -- current buffering standards? MR. FERNANDEZ: We have no problem doing tha~ whatsoever. We would commi~ to in fact go beyond that. For instance, tree requirements are eight and 10-foot trees. I have no problem committing to landscaping that includes trees to 16 feet minimum for shade trees. And any hedge along that -- along our east side, which would be ~ag~ 6 2000,01-10 14:21 NL~mber 4, 1999 next to Kensington, installing it at five feet, add installation and allowing it to grow higher along with a fence integrated into it, we don't have a problem doing that. We're looking for a quality project. And since the shopping center has already been there for awhile and their trees are somewhat mature, by ours coming in there at that same height, it will -- it will kind of bring us back up to the shopping center. We don't want to look like we're a second cousin to it. We want to integrate. We'll do so with materials, colors and design. COMMISSIONER BRUET: Thank you. ACTING COMMISSIONER PEDONE: .Anyone else? COF~ISSZONER PRIDDY: I have just a question. It's probably one no one can answer. But this agricultural tract that's in between, do we have anything in the mill that's going to be going on there? Is that -- what do we foresee taking place on that piece of property? MR. BAD~dvFICHIAN: Last hearing, Mr. Fernandez was proposing a new pLrD called Banyon, I believe. MR. FERNANDEZ: Yeah, the B~nyon Woods PUD. That tract is scheduled to become a roadway that would access the residential component south of here. So there'll be an additional roadway. And if you'll recall, there's an additional buffer there that was commi~[ed to 5hat's ve~ substantial, that was worked out with the residents, that's also on a berm and will be integrated into a much larger combination buffer between Kensington and that tract. So in addition to all these, we'll have a series of several different landscape buffers between us and the Kensington -- COMMISSIONER PRIDDY: So we're not going to see a building out front where the fruit stand is now in the future, that's probably proposed for roadway? MR. FERNAATDEZ: That's correct. Even if it was -- even if it -- right now there's a setback requirement of 50 feet from residential tract anyway, so it would be pushed back substantially. COMMISSIONER PRIDDY: Okay. COMMISSIONER BRUET: Russell, I believe that's that alternate access point -- ACTING COMMISSIONER PEDONE: Yeah. COMMISSIONER BRUET: -- fram PUD that we went through at the last meeting, so -- COMMISSIONER PAl/rIO: I would just like tO disclose that I had a meeting with Mr. Fernandez last month, and this was only talked about indirectly. We were discussing the whole Whippoorwill Road area and Livingston Road area, but we did discuss some of the minor details involved in this, so I wanted to disclose that. ACTING COMMISSIONER PEDONE: Anyone else? Anything further from the petitioner? · MR. FER/~A/%IDEZ: Well, certainly if questions arise after the public speaks, I'd like to have an opportunity to address that. ACTING COMMISSIONER PEDONE: Mr. Nino, do we have any speakers? MR. NINO: Yes, we do indeed. Dr. Charles Zinn, Alton Bale, Dr. Page A -~C,~J~DA ITL~. 14 2:33 FROM :GOOOLETTE, COLEMAN 2OO~,~1-10 14:22 N~raber 4, 1999 Frank Pinto. ACTING COMMISSIONER PEDONE: Excuse me, if you would step up in the order that you would like to speak, this way we can facilitate the time. MR. NINO: Dottle Groose, Warren White. Dr. Carl Sheusi, Richard Conover, Dextor Groose, Richard Henderlong, Joe Barry. ACTING COMMISSIONER PEDONE: I would like to announce at this time that we have a lot of speakers and we would rather you didn't be redundant and repeat the same thing, tha~ only if you have somethin~ new to add that would be -- facilitate the movement here this morning. MR. ZINN: Good morning. I'm Dr. Charles Zinn. I live at 5170 Kensington High Street, adjacent to this proposed piece of property change. we're -- we have a couple of concerns. One is in order to get 180 units into that piece of property, the original lake that was planned on the original plan supposedly is being filled in or never dredged. We're concerned about water runoff, wildlife, et cetera. In order to get 180 units into this piece of property, it would seem to me that the height would be such that it would impact us in the Kensington area, regardless of a 50-foot buffer. It would seem to me that they would have to go up to a seven-story building, six stories over parking, and this would not be neighborly to the Kensington area. If you recall, not too long ago Kensington had to reopen their PUD when they were redoing the area next to Grey Oaks, and that we had to make sLtbstantial changes in our PUD in order to get it okayed to satisfy Grey Oaks' needs or requirements. We are requesting that this is a substantial change in the PUD, and we would like to see the PUD reopened for evaluation to some way eliminate some of the 180 units that are proposed to go into this small residential area. Thank you. MS. GROOSE: I'm Dottie Groose. I live in Kensington. I lived in Miami for 30 years. And when I first lived there, it was beautiful, it was peaceful, it was a nice place to raise a family, and the quality of life was very good. Over the years there were many changes. The development, it was over-developed, over populated, the streets became very congested, crime moved in, and the quality of life completely changed. My husband and I were very impressed when we came to Naples. To us, Naples was paradise in comparison to Miami. But now we're very fearful that our quality of life may change. We were so impressed with all of the different developments, one-story buildings or two-story condos. It was just beautiful. And now if this developer is allowed to build a seven-story building right near our property, it will be overlooking our property. It will change our way of life, it will change our security. I'm concerned about our security and our privacy. People on these balconies will be able to see us every time we come in and out of our houses, they'll see us on our patios and in our swimming pools. Our privacy will be gone. And also, it could affect our security. A Page ~0~0,~1-I~ 14:22 NL~mber 4, 1999 criminal element could move into these condos. They would know every time we go in and out of our homes. I'm very concerned about that. COMMISSIOAIER PRIDDY: Mr. Chairman, can we stop and 9et a clarification? Because I don't know that I've ever heard of a seven-story building being proposed. Mr. Fernandez or staff, ca~ -- what are we talking about here? MR. BADAMTC~IAN: The PUD document allows six stories over garage in the residential area. What I believe people are proposing is to not approve this so they have to go through a PUD amendment and then they have to reduce -- they can request a reduction in the number of dwelling units, maximum height. COtfMISSIONER PRIDDY: Let me understand. If the developer was not looking to change the footprint of the commercial, they could have already built a six-story building? MR. B.ADAMTC~!AN: Today they can go ahead and build a six-story building. COMMISSIONER PRIDDY: And they still can, without coming here before us. MR. BADAMTC~IAN: Correct. COM~{ISSIONER PRIDDY: Okay, thank you. ACTING COMMiSSIOAUER PEDOAVE: Next. ~. PINTO: ~i. My name is Frank Pinto. I'm at 5114 Kensington High Street. My concern is similar in the sense that tall buildings in an area that have no tall buildings really don't make -- doesn't make sense to me. I'm not a professional, I just live there. We moved into Kensington from up north. This is our permanent residence. And quite honestly, I didn't do due diligence. I didn,t go looking throughout all the records of what's allowed, what's going to be built, what may be built. None of us has. And I guess that means we trust you people. We trust you as professionals, we t?ust you as administrators to do what's right. We're going to live there. And we ask 5hat you consider us in this project because we're the ones who are going to have to live with your decisions. And please, don't look at this in an isolated sense. There are other tracts that are going to be developed just below this. There's going to be another 350, 60 residential units. 180 units on six acres, tha='s an impact. A_nd while the PUD was approved, I understand it was approved in '91, a lot has developed since then. The area has taken on a certain character. And maybe you ought to look at that today and say to yourself, well, maybe there was a mistake in '91. Maybe we shouldn't have allowed this. And kind of look at it in today's light. And if there is one lake difference, maybe it doesn't seem significant. But with the runoff, maybe you need that other lake. That may be significant enough for you to reopen this PUD and give you an opportunity maybe to correct what obviously to me is a mistake, or was a mistake; give you an opportunity to correct that. Thank you very much. Page 9 :'~,,'DP1 : GOODLETTE, 2OOO,~1-1~ 14:22 NL~mber 4, 1999 MR. 'WHITE: My name is Warren White. I live in Kensington. And really, I don't have a whole lot to add except that I realize that this is not a residential question at the moment. But if you continue to reduce this -- the impact of the commercial area around the area ~hat's left, what happens is everythin~ goes up. And I've lived in Kensington now for three years, and in the Pelican Bay and other areas for some period of time before that. And other than the high-rises that are along the beach, I don't think there are other seven-story high residential units anywhere in that area. ! recognize it was granted in 1991, but conditions have changed. And you have permitted apartments and everything else to be built around Kensington, but they're not of that size. And so I think the s,~bstantial change that is occurring here now is going to have implications for the future when this developer comes in with his plans for the residential area. The lake that is going to be taken away is a small area. But I believe on the plans, as I've looked at them, that the other one also becomes reduced. So as I say, everything squeezes, and all of a sudden what's left is a residential for future development, and it goes up. Thank you. MR. BALE: I'm Walton Bale at 5234 Kensington High Street. I would be directly affected by any buildings that would be over the 35 feet that the Carillon representative suggested. If you were to go out and look at this particular area, you'll find that there is no other building that is probably over about 35 feet. No seven-story buildings in the vicinity within sight. I really think that this should be reopened so that the height of the buildings can be limited, as the Carillon representative said, down to 35 feet. Thank you. MR. BARRY: I'm Joe Barry, Kensington High Street. I'll be brief. I'm sorry if I'm redundant. My main concern, other than aesthetics of the tall building, is crime and privacy. I think it may sound ridiculous for me to say this, but I think that a building six -- we have a big problem with crime in our neighborhood. The so-called supper -- dinner burglars. And I think a seven-foot (sic) building would give a great advantage point for surveying otur property. And also, privacy. I think a seven-foot building -- or seven-story building would encroach on our privacy. Thank you. MR. SHEUSI: I'm Dr. Carl Sheusi. I live at 5198 Kensington. Approximately a year ago, Kensington went before the county board requesting rezoning of property facing Grey Oaks. The residents of Grey Oaks were opposed to the rezoning for three reasons: They were afraid to see our lights; the buildings would be too tall; and the residents of the condos would be able to 10ok into our homes. If Carillon planned -- had plans for 180 units on 11 acres and now they want to compress 180 units on five to six acres, this will necessitate buildings of higher than two or three stories, maybe five, six or seven. Page 10 NLember 4, 1~ And this is our objection, that the buildings would obstruct our view with an extreme amount of lights and noise; there would be no berms high enough to buffer the noise of lights from a seven-story building, if it goes that high; and that would be approximately an 80-foot building. This is our objection. MR. GROOSE: Good morning. My name is Dexter Groose. I'm a value engineering consultant, and I'm speaking as secretary of the Yorktown Villas Association of Kensington. First of all, I want to take my hat off to this Planning Commission, because you're the reason I moved here. You're the reason after a five-year search of the East Coast I realized I was looking on the wrong side. And we finally discovered Collier County, my wife and I, and this is heaven. This is the place to be. And it's because of the hard work and the tough decisions you people have made over the years that have made this place look special. The request before you today is a substantial change to the PUD, and it's also a flawed plan. .m. nd here's why. It's a substantial change because it now includes eight out-parcels instead of six that were shown in the original PUD. Eight is four more than anywhere else on that Airport Road/Pine Ridge intersection. It leaves us with one lake instead of two, which will have an imoact on wildlife. And it will eliminate a residential buffer. Now, before i bought in Kensington, I was very concerned with everything around. Conce.~-ned about the two-story units on the north side of Pine Ridge. I asked a lot of questions, I did a lot of research. This is a map of what was in the PUD. As you can see, this il-acre Tract A that was in the original PUD shows a lot of roads through there. For multi-family tract, it says right up there in the upper right-hand corner. Right north of where the fruit stand is. Calls it multi-family tract. That's an ll-acre tract. And I realized it was approved in 1991 a_nd I couldn't do anything about it. It was 180 units. But at least it was a buffer. It was a residential buffer. Now, I've prepared something here I'd like you to take a look at. COMMISSIONER PRIDDY: I'll hand all of them down. MI~. GROOSE: This is a substantial change to the PUD because it doubles the PUD density from 16 units per acre to 29 units per acre. We don't have anything near 16 units per acre in the greater Carillon community, includin9 all of the other communities that I've listed there in addition to Kensington. Those four communities average two and a half units per acre. The Carillon PUD originally allowed 26. But the way they want to change it, it will take it to 29 units per acre. That's over 10 times the existing community's density. That's why it's a ~lawed plan. That's why it's a substantial change. When you go from 16 units to 29 units, that's a substantial change. I also say this plan is flawed because it exceeds the footprint limits of the Carillon Shopping Center. Sure they had -- they were authorized 319,000 square feet. But they chose to build it all on one Page F~C~'I : GOGDLETTE, CO._E~-lr4t~ ~41 4~G ].21~ ~O46 ~. 14. '2G 2.999 MR. HENDERLONG: The exhibit you're about to receive is a copy from Collier County's tax maps. What you have is a serious flaw in what you're being represented for the truth, the facts today. And as you look at those maps up there, you see, as Chahram pointed out, five out-parcels. And in fact and indeed you'll see an area highlighted in blue shows six out-parcels existing today. I drove by the center this morning. There are six buildings sitting on those out-parcels. So you don't have the facts. You don't have the correct facts. Secondly, the area highlighted in orange is the tract map. Mr. Fernandez, by his own admission, said that the owner has sold off part of the shopping center, only holds about 12 acres. I submit for a legal question to be researched later whether that constitutes a requirement for a two-lot subdivision, whether it has to be platted. So you should be looking at a plat, you should not be looking at a concept master plan. You should be looking and viewing today a site development plan, not a concept master plan. That, folks, is a substantial change. Secondly -- or in addition to that, they're having you believe -- I'm going to pass out another map. It's basically that upper right-hand corner of bosh plans, '91, '98 plan. On the top you'll see highlighted in yellow, this is the area that everybody is debating, okay, on my exhibit that you have. ~igh!ighted in blue is the lake. As Mr. Groose pointed out, it reads at the top, pedestrian circulation for multi-family tract. The debate is this unlettered area does not have the letter R. The area to the west has the letter C. There's no question, when you do a land use plan, you identify your parcels, okay? What the applicant wants you to believe is that you've got a floating zone here, folks. A~d that's not what we're dealing with. A floating zone is a zone that says we have special uses here. They're trying to argue that these are special uses that they're entitled to. What they did submit and had was a cap for 319,000 square feet of retail. I submit and technically go on the record saying today that seven or eight out-parcels, if there are eight, is intensification. I know that for a fact. In 1989 when we stood before this -- the Planning Commission and the Board of County Commissioners with River Chase Shopping Center, we had seven out-parcels out there. We were shot down on that issue alone. We only ended up with four. This, in my opinion, violates community standards. It's not good planning, folks. In conjunction with that, if you'll look at 1999,s master use land plan, you'll see the area highlighted in orange. It moves from yellow, residential, to commercial. That area I calculated about 2.75 acres in area. The applicant could have developed his shopping center a different way. He could have put some office buildings in the front. The real -- let's call it what it is. It really is a measure here to add some additional out-parcels. You've got an agricultural strip of Page 13 ~ROhl :GOODLETTE, COLEMAN 2000,01-10 14:24 NL-ember 4, i999 land. It's a nonconforming strip. I don't know how that happened. That's interesting, I find. A§riculture, you've got to have a 150-foot front lot. it's an 80-foot lot. How do you sit there and argue that that agricultural road isn't going to have an impact? There's no warranties about interconnection between that out-parcel and that other road. So when they tell you, which Mr. Fernandez submitted earlier, that there's no additional accesses, that's not true, okay? There will be an interconnection. It's good business sense. Turning movements need to be looked at very carefully at that intersection. Residents -- and I've heard over the last two years, being on the Kensington Park Master Association, the traffic problems on Pine Ridge Road. You approve That and you allow that out-parcel, you're going to be looking at additional difficulties in making movements and slowing down traffic. That could be another Wendy's. It could be a motion picture theatre. You don't know what it's going to be. I called the planning staff and asked them, did the applicant submit any traffic impact statements to substantiate that this proposed change, as submitted here today, warrants, and you heard Mr. Fernandez testify, that there's no increased traffic? That is not a true representation, and here's why. The reason why it's not a true representation is because shopping centers, community shopping centers, have a certain traffic value. When you begin to add these out-parcels in, those captures -- recapture rates significantly jump, okay? So you're not comparing an apple with an apple here. You're looking at an orange and an apple. That in itself constitutes a substantial change. I would submit that when they talk about if you buy into their logic that this area was supposed to be commercial, it wasn't residential, and they sold the land, then I would submit that the 40 percent rule for open space for residential might be applicable here. I'm not an attorney. That's worth taking a look at. There are some serious questions about this proposal today. It is substantial, I also submit for the record that when I met with planning staff in Kensington Park -- and I'll give you my last exhibit before ! explain that to you. COMMISSIONER PRIDD¥: I'm ~oing to get overtime. ~R. F~ENDERLONG: We need to be consistent in our principles of planning and good urban design. This exhibit you're looking at shows you the south end of Kensington Park abutting Grey Oaks. Grey Oaks highlighted in yellow, Kensington Park in green. A year and a half ago, we approached staff about making a change within the PUD. Economics and market as we know drives a product and a P5~. And that's the beautiful flexibility of a PUD,. it allows you to make changes with economic marketing conditions, and then they have to be measured in the community's best interest. Is it in the community's best interest? Is this proposal in the community's best interest? That's your challenge, that's your test. We sumbit a similar issue for determination, whether it was Page 14 A~L~ A iTE.M /.7 2OOO,O1-10 14:24 ~[_ember 4, i999 substantial or insubstantial. Staff, looking at it, said well, all right, you're going to move this road and you're going to add a buffer. That road was located 150 ~eet to the north. Tha abutting land to the south were single-family residential, we had a PUD for 570 residential units, and we believed and thought it was insubstantial. Staff concluded it was not. I do not see, when we talk about that orange area commercial versus the floating zone area, whether it's residential, recreational. They could have argued it's recreational open space. They could have argued that. That's the problem with 5hat concept plan. They told us very seriously, the staff, that we were substantial, all right? So what that does is that triggers the applicants trying to avoid that process, because it triggers a reopening of the PUD. They don't want to do that. That's really what's happening here. And the community standards, in my opinion, should not be compromised here. They need to be told it's a substantial deviation. They need to be told to come back, amend your PUD, resubmit, go through the technical issues point by point, get into those analyses, and as Kensington Park was treated, we had to submit architectural drawings, we had to submit -- not come to the hearing and say hey, we're 9oin~ to drop our lights 20 feet, hey, we're going to drop this. We're going to make these changes. Nail it down, folks. Tkis is really a site development plan you're talking about. The bulk of than shopping center is developed. We're talking about what's !eft there. And it warrants good planning analysis, good planning consideration. And the applicant should be standing here with you with a conzract for something more definitive than what they're submitting here today. So based upon all those comments earlier, when we technically ~o through the comments on B where the staff says is there a proposed increase in the proposed number of dwelling units under B with intensity of land use, I already submit it, it is an intensity of land You're dealing with a shopping center out-parcel. You're not dealing with an additional box to the existing main center. Big difference in traffic ~enerations. That could be another bank with turning movements to go out there. That needs to be looked at. Maybe it might make good planning sense to have one returning movement out, which happened to River Reach Shopping Center. We had to go through that. That's warranted through -- it says you've got to do a traffic impact study evaluation. Let's take a look at D. D says is there a proposed increase in the size of areas used for nonresidential to commercial? We submit there is. Unequivocal, not debatable. That unlettered area that is white, we submit, is residential or recreation open space, not what the applicant would lead you to believe. E, is ~here a substantial increase and impac~ to the development which may include but not be limited to increase in traffic generation, changes in traffic circulations or impacts on other public Page 15 ~L~ember 4, 1999 facilities? That needs to be correctly evaluated. ACTING COMMISSIONER PEDONE: Excuse me, but I think you've overdone your !0 minutes. MR. HENDERLONG: Okay. With that, I would just urge you to continue to find that it's e substantial deviation. Thank you. COM~ISSIOATER AB~RNATHY: Mr. Chairman, I have some some questions I'd like to propound to our attorney at this point. ACTING COM~4ISSIOATER PEDONE: Yes. Go right ahead, Mr. Abernathy. MS. STUDENT: And I'll try -- Commissioner Abernathy, I'll try to help. This is -- I am not -- was not made aware by anyone of some of the concerns, but I'll be more than happy to try to help. COMMISSIONER AJBERNAT~Y: These are general questions. MS. STUDENT: Okay. COM~.ISSIONER kBER_NATEY: The first one is to whom do we look to for guidance on whether something is a substantial change? To the lawyers or to the planners? The second one, do we have the power to declare this a substanuial change? Third, what ccnse.~uences flow from that? And four, could the petitioner withdraw and moot this whole question of the residential area if we were to try to declare it a substantial change? MS. STUDENT: Okay, I'll try to -- if I forget one of them, you'll refresh my memory, right? COM~4ISSIONER ABEP, NATHY: Okay. The first one is to whom do we look for guidance? MS. STLrDEATT: The criteria are set forth in the Land Development Code. It is not the County Attorney's Office to make the commission decision or even to make a recommendation on that, because that's where the facts come in. And the Planning DeparCment assesses the facts and applies those facts to the criteria and presents it to the Planning Commission. You have opposition here today who may try to rebut some of the facts presented by staff, and it's up to the Planning Commission as the decision-maker to weigh the evidence that is presented before it and make a determination as to whether or not, you know, it meets the criteria. Okay, now -- COMMISSIONER ABER/~ATHY: Okay, once -- do we have the power to declare that it's a substantial change? And I gather from what you just said we do. And if so, what consequences flow from that? MS. STUDENT: That would -- I don't know that it really amounts to a power of declaring it that. You can deny the petition. And -- COMMISSIONER D~ERNATHY: On that basis. MS. STUDENT: That it doesn't meet some of the criteria. And those criteria that you feel it does not meet needs to be spelled out in the motion. So i suppose one could say -- we've never called i~ declaring it a substantial change, but inherent in the idea of a denial there may be that. But we don't call it that. Page 16 ~RO~I :GO0!~LETTE' COLEMAN 3000.01-10 14:2S COMMISSIONER AJ~ER/qATHY: Okay. MS. STUDENT: And the conditions that flow from that, I believe there's been some code changes. I believe that the petitioner may have the opportunity to appeal this to the board, and if not, they could 9o in~o court. And I don't want to, yOU know, set up how to sue -- you're my client. But they could take whatever -- the appropriate avenue in court. So that either avenue is open to them. I don't have my code down here, I don't know if Mr. Nino has it, but we have broadened up the appeal procedures, so it's very likely it would go to the board before it would go to court. COMMISSIONER ABER/qATHY: Then my last question was, if they didn't really want this change badly enough to open the matter of the height of the residential, could they just withdraw this? MS. STLrDENT: A petitioner is free to withdraw a petition any time, i~ they so choose. COMMISSION-ER D~ERNAT~IY: So they could weigh those two things and just walk away from this? MS. STUDENT: It would be up to the petitioner to weigh all of what's been presented today. ACTING C05C~I$SIONER PEDONE: Co~missioner Priddy? COMMISSIONER PRIDDY: I have two questions. Would you all -- the petitioner answer, what is your density per acre yesterday, and what would it be tomorrow if this change were approved? The density per acre, not -- MR. PASSIDOMO: Mr. Priddy and Mr. Chairman, with your indulgence, Jo.h~n Passidomo on behalf of the petitioner. We'd like to make a few points in rebuttal, and we'll address that point, Mr. Priddy. COM~IS$IOhTER PRIDDY: And then I have one other question. MR. PASSIDOMO: Frankly, we don't believe there's any change at all. The concerns that were expressed about impacts on the residential tract obviously are not the issue that is in front of you today. But the basic predicate for that concern is that there's some 11 acres that are dedicated to residential use, and that number of acres will be reduced from 11 to 6.23. And then based upon that predicate, we've heard that the density of that tract will increase from 16 units an acre to 29 units an acre. Frankly, we challenge that basic predicate. And we make that challenge based upon the land use summary that's attached as Exhibit A to the planned unit development document. It says, clearly says, that the residential tract is 6.23 acres in size, and only 6.23 acres in size. The residential tract isn't bein~ impacted at all. Density isn't bein9 impacted at all. It was 16 before, it is 16 now. And frankly, what we're simply trying to do is reconcile the text of the planned unit development document, all the impacts that were accommodated by the Board of County Commissioners when they addressed this project and this planned %unit development document ori~inally with the master plan. And we think that there is a technical problem with the master plan. The master plan does not designate specific tracts for A~A i'~ "M Page 17 F:., 20 0 2000,01-10 14:2~ ~l. embe~ ~, 1999 residential or commercial uses. But iX you look at this Exhibit A which says a residential tract is 6.23 acres, add on a 30 percent component for open space, and you look at the designation of commercial acres of 24.01, add on a 30 percent componen~ for open space, what you get is what you see now. You could -- you couldn't possibly have derived that result from the existing master plan if it was interpreted that this property on' Pine Ridge Road was intended for residential purposes. And I think that you can imagine and we can imagine that in 1991 no one would have anticipated that the properSy on Pine Ridge Road would have been designated for residential purposes. What we're simply suggesting is that the planned unit development document always anticipated, Exhibit A to it, that there be 24.01 acres of She commercial, 6.23 acres of residential. What you see in your planned unit development document is simply what is now iljustrated on the master plan. We're reconciling a technical deficiency in a mas[er plan that simply didn't specifically designate residential and commercial areas. Finally, what we'd like to do is what we think was proposed that you do do, and tka5 is look at the criteria for compliance with -- for an insubstantial change. We think that if you look at that, you'll agree with staff that there are no changes to intensification, no changes to land uses. Land use is exactly as they're always intended to be. No other chanuges that would make this anything more than the insubstantial change that your staff is telling you that it is. ~nd finally, to alleviate what we readily acknowledge are legitimate concerns by our neighbors, we propose three stipulations: The first is that there's a 20-foot height limitation on the lights, a benefit that is currently not enjoyed; the second is that the height of the buildings in this area will be no higher than the existing height of the buildings in the Carillon Shoppin~ Center. Right now we could otherwise have buildings that are 50 feet high. And frankly, if we listen ~0 the argument carefully and the concern about seven-story buildings, we could have seven-story buildings in this area. .~ud what we're proposing is not only to have seven-story -- not have seven-story buildings by designated commercial, but to reduce Ehat height down to whatever the existing height is at Carillon. We think it's about 35 feet. And coincidentally, 35 feet is the height at Kensington. $o we're certainly not going to go beyond what the height of our neighboring properties might be, what we propose for it to be. No higher than the commercial structures at Carillon. And finally, as a third stipulation, that the current buffering standards in your codes would be adhered to and we respectfully submit will be exceeded. Thank you, Mr. Chairman. ACTING COMMISSIO1FER PEDONE: Mr. Priddy? COMMISSIONER PRiDD¥: Follow-up on my question. In the original PUD document, how many out-parcels were proposed or shown? MR. PAESIDOMO: Michael? Page 18 ~F~CIP1 : GOOLh_ETTE, ,.:OLEf'IJ..ltq ~l/ember 4, i999 MR. FERNA/qDEZ: I think what you have before you is -- you have a copy of the original and you have a copy of the proposed. So it's readily evident that what you're seeing right now is that there are four lndepenGent structures that in this case my understandin9 is they were all sold as out-parcels. In regard to that, we're not here as a platting issue. We may be here for platting in the future, and so you'll have an opportunity to see that, if we desire to do so. But we can commit to -- if it's a significant issue, we can remove any concern about an out-parcel by removing that little box that's shown in front of the larger box and just say what basically we're going to have, you know, a shoppin9 center extension there. Iu's goin~ to be -- in their words, we don't have to sell than under separate ownership. MR. PASSIDOM0: And Mr. Priddy, we don't think shat there are any limitations in the planned unit development document on number of out-parcels. We simply think that there's a master plan which is an iljustration of where these uses might 9o, and the master plan, as originally drawn, is inaccurate because it leads you to believe, as cur neighbors do believe, Shat there's !1. somethin9 acres of residential. The planned unit development doesn't say 11. something acres of residential. There's 6.23 acres of residential. I don't believe, and i'll be -- I stand to be corrected by staff -- that there are any nunf0er -- any limitation on the number of out-parcels or that it is even addressed in the text of the planned unit development document. And we're certainly not proposing that any text in the planned unit development document be revised. MR. FER/~ANDEZ: In addition to that, the comments about traffic generation, we're still proposing the exact same square footage. We're not channing the uses at all. Therefore, there is no intensification at all on this site. There is none. We're also not proposing, as Mr. Henderlon9 said, to have any additional access points. We're not showing any on our master plan, we're not eligible for any otherwise. All those were misstatements. Everythin~ that we have said is shown on that document. The only changes are readily evidenced. And also, the text, if you look at the original PUD, the text on the top right corner, it says circulation from multi-family to that area. There's an arrow there. It says from multi-family. It's -- the implication is that's not multi-family, because circulation is coming to it. In other words, pedestrians can access it from the residential property in the front. It was never intended to be anything other than that. I think our graphic shows that very clearly, our map is very precise, there's no disagreement there with staff, and I think that your standards for evaluating this are enumerated. And staff has 9one through them one by one. We've also done the exact same thing, and it meets the criteria. And so we'd ask you to approve it with the stipulations that Mr. Passidomo said. 1999 ~0~6 P.21 2~ And just to clarify the height issue, we'd say 35 feet so it's a measurable height so there's no more discrepancies. ~,nd 35 feet, like i said, is the same height as the residents have across the way. Amd again, I'd reiterate that we have 195 feet bezwean the two -- between the buildings, is a close proximity. That would be the closest proximity between their structures and the structures that would occur on these parcels. So between that and the buffers and the limitation of height, we certainly have minimized any impacts. ACTING COMMISSIONER PEDON~: Commissioner Wrage? COMMISSIONER W-RAGE: Ron, could -- site plan development changes are done administratively, right? MR. NINO: That's correct. COMMISSIONER WRAGE: What triggered to come before this board? I mean, what caused this to come before this board? MR. NtNO: We viewed it as a change in the master plan. The master plan wasn't clear that the intent of the master plan was to use that property for commercial purposes. The insubstantial change process offers us all an opportunity to review the scope of that decision. MR. PASSIDOMO: Mr. Chairman, in conclusion, if I could make one final remark. The reason why we think it is a technical reconciliation is the only way you can implement the land use acreage stipulated in the planned unit development document and create 24.0! acres of commercial is to extend it beyond what the master plan would have otherwise suggested it could be. There's no change whatsoever to PUD document. It's simply a reconciliation to implement what everybody has always believed, that there be 24.01 acres of commercial. To get 24.01 acres of commercial, the master plan has to be drawn in a way similar to this. ACTING CO?24ISSIONER PEDONE: Co~missioner Rautio? COMMISSION-ER RAUTIO: Following up on Commissioner Abernathy's comments and the attorney's comments, you're telling us that indeed if we meet the 11 items in the Land Development Code that is the criteria for the insubstantial amendments, which are clearly identified on here, that we really don't have much choice? If you met the -- MS. STUDENT: The commission -- COMMISSIONER R3%UTI0: -- c~iteria, we'd have to identify those criteria. MS. STUDENT: The commission is the trier of facts and it is up to the commission to weigh the evidence presented by both staf~ and the petitioner and to reach a conclusion. And you're guided by that criteria. I cannot make the decision for the Planning Commission. You are the trier of fact. COMMISSIONER RA~JTIO: Right. But we would have to go through and of the 11 items here actually identify those that do not -- we'd have to specify those in our motion that their criteria are not met? MS. STUDENT: Yes, for purposes of making a record. COMMISSIONER R]%LTTIO: Well, I will say that I'm very sympathetic to what the residents of Kensington have said. Mr. ~enderlong has A~ LA Page 20 1999 some real valid points, in my opinion. But I'm sitting here as a relatively new Planning Commissioner, and these 11 points are spelled out very clearly. MS. STUDENT: What I also must advise the Plann~.n9 Commission -- and some of the me~tbers that have been on for a~hile know this -- but quasi judicial boards, as you are sitting in that capacity right now, are guided by criteria. And the case law in the State of Florida is that just residents' pure opposition is not sufficient. However, that if the residents present facts that go to the criteria that is competent, substantial evidence, you may consider that. ACTING COFL~IS$IONER PEDO~E: Commissioner Priddy? COMMISSIONER PRIDDY: Mr. Nino, following up on Mr. Wrage's question -- and I readily see that there was some confusion on what that tract of land was supposed to be used for. But what's in the PUD document that Mr. Passidomo has that was spelled out how many units of this and how many acres of this was supposed to be there, I guess we could assume that that six acres of residential was supposed to be up on Pine Ridge, and that the back part of that property then would be commercial? I mean, if you -- MR. NINOn No, let me go through those numbers with you. Firs: of all, if staff had approved -- had recommended more than !6 units per acre on the net area available for residential purposes, we would have made a mistake in 1991. The 6.3 acres is complemented by five acres of the -- in other words, of the 12 acres of open space, in '91 we made a sttbject~ve conclusion that five acres of that open space was part of the multi-family project; ergo, we really base our density on 11.3, which is 16 units per acre. The problem here is to what extent is the property nearest Pine Ridge Road a part of the open space that was allocated to achieve the 16 units per acre. Chahram says in several places in his staff report that this issue is rather cloudy. It's not all that clear. And consequently, we indicated to you that we also had a problem, but we felt that the greater weight was on the fact that they had met the criteria. COMMISSIONER PRIDDY: Well, I think it's -- you know, it's clear to me, as to others, that it was probably never intended for residential to be right up on Pine Ridge. So that leaves us then to either commercial or open space associated either with the commercial or with the residential -- MR. NINOn You're right. COMMISSIONER PRIDDY: -- that was to go there. ACTING COMMISSIONER PEDO~E: I have a q~estion, Mr. Nino. It says pedestrian circulation from a multi-family tract. Could they, according to the PUD the way it stands today, pave it and put in a car lot with 35-foot lights, or would they be in violation of the PUD? MR. NINOn I don't think we would approve a site plan that would provide that without them first obtaining this determination. COMMIS$IONE, R URBANIK: I have a question. ACTING COMMISSIONER PEDONE: Yes, Commissioner Urbanik? COMMISSIONER URBANIK: This question is for staff. Just a Page 21 2000, ~1-10 7.4:2? clarification. The original 1991 document has a lake in it. And been my experience that when lakes are present, they're usually part of a drainage system of a development. The petitioner's plan is to remove that lake. How does -- first I guess my question is basically zince it's filed in the original PUD, do they have the right now to remove it? MR. BADAMTCHIAN: This is an engineering question, and we checked with our water management engineers, and they made some calculations, and they said that lake is not necessary for the water management purposes. MR. NINO: But lakes are traditionally considered both water management and serve to meet the open space requirement. What Chahra~ is saying is back in '91 they provided more lake space than was required for their water management purposes, so we have to assume that it was more recreational in function than water management. COMMISSIONER URBANIK: And then they have the right 50 remove that? I mean, we have nothing to say about that, that's the petitioner's prerogative? MR. BADAMTCK!AN: The PUD document says they have to have 12.97 acres of open space lake and water management. And they have that without the lake. ACTING COMMISSIONER PEDONE: I have another question. At this time right now, if nothing is granted 5o them for the commercial area, they have the right, according to their PUD, to come in and build seven-story buildings or six over garage, or as many as they can into this parcel with the density? MR. BADAMT~qIAN: Yes. The PUD allows six stories over garage. And if it is determined that the front parcel is residential, yes, they can have six-story over garage. COMMISSIONER BRUET: I've got one more question. ACTING COMMISSIONER PEDONE: Go right ahead. COMMISSIONER BRUET: The building height issue again, you're talking 35 feet for the commercial building only. The residential to the south, that building height would remain six stories over parking? MR. PASSIDOMO: That's not an issue on the table today. The only issue on the table today is to amend the master plan. to be consistent with the PUD document. And we will voluntarily agree to provide that there will be no commercial building in that area in excess of 35 feet in height. COMMISSIONER RAUTIO: No commercial. MR. PASSIDOMO: And if you like, we will agree never to put a rezidential building in that parcel at all at any height. MR. FERNANDEZ: I think what's really important, too, is that we did add one other thing to that master plan. You'll see there's some texts along with it that we worked out with staff, and it basically says, you know, when we do the SDP we have to show where that open space is. In other words, we have to provide 12.97 acres of open space, whether it's lake or it's green space or it's buffers or what have you. And we have to show that. We don't have any problem doing that. It will be shown. Page 22 =,=.,Orq :GO32LETTE. C©LEr'I~N ~-[/ern~er 4, 1~99 ACTING COMMISSIONER PEDONE: Anyone else? If there's no further comment, I'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, while I am terribly sympathetic to the -- what was approved in '91 with six stories over parking, it appears, as Ms. Rautio has pointed out, that 5hat's not before us, and we don't have any control over that. I'm the last person that wants to see a seven-story buildin~ coming do~ Ail-port or Pine Ridge myself. But I quite honestly don't see that that's part of what our decision is here today. A_nd ! for one am not finding anything in staff's report to refute that. So -- ACTING CO~ISSIONE, R PEDOA~: Any other discussion? There being none, I'll call for a motion. Thank you. I fill in and I get this, huh? There being no motion, what happens? MS. STL~ENT: Well, there needs to be some action taken by the Planning Commission. COMMISSIONER PRiDDY: Okay, I'm usually the unpopular guy up here. I will do it. Mr. Chairman, I move that we forward Petition PDI-99-5 to the Board of County Commissioners for the recommendation -- MR. BADAMTCHIAN: It's approved here. It does not ~o 5o the Board of County Co~missioners. COMM. ISSIO~R PRIDDY: I move that we approve Petition PDI-99-5 w/nh a recommendation of approval, based on the fact that I cannot find anything in staff's report -- anything to refute staff's report that would constitute this as anything other than an insubstantial change. COMMISSIONER URBANIK: May we add the criteria added by the attorney? COStMISSIONER PRIDDY: And I would place in that the criteria of lights being lowered 5o 20 feet, height of the commercial building being 35 fees, with the enhanced landscape that was being offered by the petitioner. CO~MISSION-ER RJIUTI0: And what about no residential in that one parcel? COMMISSION'ER URBANIK: It mentions that -- COMMISSIONER PRIDDY: And that there will be no residential on the commercial parcel. COMMISSIOATE, R WR3%GE: I'1! second that. COMMISSIONER SAADEH: One more thing if you could add to your motion, Mr. Priddy, is 5he 195 feet minimum distance between what the petitioner is proposing to the closest strucSure in Kensington. I think they made that statement, and we want to hold them to it. MR. PA~SIDOMO: We'll do iz to the extent shat we can control that. Obviously a lot of that setback is on the Kensington property. And we can't control what happens on Kensington's property. But we will-represent to you that we will do nothing to infringe upon the 195-foot setback. COM~4ISSIOATER PRIDDY: Yeah, if Kensington wanted to build a building, yeah, that's fine. ....... !i 2300 ZO00,Ol-IO 1W:Z~ l~Lceraber 4, 1999 ACTING COMMISSIOATER PEDONE: We have a motion. Do we have a second? COMMISSIONER WP_AGE: Second. ACTING COM3~ISSIONER PEDONE: I have a second by Commissioner wrage. Any other further discussion? COMMISSIONER P~AUTI0: When I make -- when I say yes or no, can I make a ztatemen~ with it? ACTING COMD4ISSiONER PEDONE: Okay, I call for the vote. aye. Yes, you can. Everyone in favor, signify by sayin9 (Unanimous vote of ayes.) COMMISSIOh~R P~AUTIO: Aye. However, I -- ACTING COMMISSIONER PEDONE: Go ahead. COMMISSIONER RAUT!0: Okay, technically I think the criteria has been met here. _knd I apparently have to vote yes. But we have a master plan that was approved in !gP! that I have some real concerns wi~h. My subjective approach would Be that I would voZe no. But, however, Mr. Henderlon9 made some various valid points, in my opinion. But I can't see anything, as Commissioner Priddy says, to change my vote. And I feel a responsibility, if petitioner has met criteria that's outlined hare, that I have to vote yes. ACTING COP2MISSIONER PEDONE: Okay. We have a unanimous vote yes. MR. FERA'~XUDEZ: Tk~nk you, commissioners. $omethin9 else I'd ~ust like to add. We've had very 9ood discussion~ with Dex Groose and kis group. We'll work with them to address those issues of the residential here in the near term. (Conclusion of Excerpt.) COLLIER COUNTY PLANNING COMMISSIONERS C MICMAEL PEDONE, ACTING CHAIRFJ%N TRD2~SCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CF_ERIE' R. LEON-E, NOTARY PUBLIC Page 24 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 water'frontage 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. GROVVTH 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 99-21 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: RO4S~'G(2)I~_,H~E~AUR, PLANNER II CURRENT PLANNING SECTION REVIEWED BY: RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE BE/RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY .X ..z-~ / -? . VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE DATE executive summary/V-99-21 RESOLUTION NO. 2000- RELATING TO PETITION NIo'MBER V-99-21, 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 ~q-IEREAS, the Counts.' pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the Count.,,'. among which is the granting of variances; and V~q-IEREAS, 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 7.5 foot variance from the required 15 foot side setback for docking facilities to 7.5 feet as shown on the attached plot plan, Exhibit "A', in a RSF-4 Zone for the property, hereinafter described, and has found as a matter of fact that satisfactory.' provision and arrangement have been made concerning 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 ZO,~G .&PPEALS of Collier County, Florida, that: The Petition V-99-21 filed by Jerry C. Neal, P.E., representing A. Luckerbauer, with respect to the property hereinafter described as: Lot 40, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, Official Records of Collier County.. be and the same hereby is approved for a 7.5 foot variance from the required side setback for docking facilities of I5 feet to 7.5 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein said property.' is located. MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 9 SEPTEMBER 1999 RE: PETITION V-99-21 AGENT/APPLICANT: Agent: Jerry Neal Purse Associates 4450 Bonita Beach Road, Unit 9 Bonita, FL 34134 Owner: Alfred Luckerbauer 9 Pelican Street East Naples, FL 34113 REQUESTED ACTION: The petitioner requests a variance of 7.5 feet from the required 15-foot side setback for docking facilities constructed on property with waterfrontage of 60 feet or greater in order to construct a 121-foot docking facility. The proposed facility would consist of the addition of a lift and a 44-foot extension to an existing 77-foot dock. This variance request is made simultaneously with an extension request to construct the 121-foot facility, and approval of the extension would be contingent on approval of the variance. GEOGRAPHIC LOCATION: The subject property is located at 9 Pelican Street on Isles of Capri, legally described as Isles of Capri No. 1, Lot 40, Section 32, Township 51 South, Range 26 East. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a docking facility which would protrude 109 feet into the 620-foot wide waterway, and would encroach 7.5 feet into the required 15-foot side setbacks. This would involve a 44-foot addition to an existing 77-foot dock. The status of the existing dock, which appears on the Property Appraiser's card at its current length as of an unknown date, cannot be determined with certainty, but has been assumed to be legally nonconforming. The facility would accommodate one 38-foot and one 18-foot vessel. SURROUNDING LAND USE AND ZONING: Existing: ' Surrounding: North - South - East - West - Single-family residence zoned RSF-4 Snook Bay waterway Pelican Street East waterway Single-family residence, zoned RSF-4 Single-family residence, zoned RSF-4 View of existing dock looking north across waterway View from site looking northwest View looking east showing existing dock (foreground) and dock on Lot 39 HISTORIC/ARCHAEOLOGICAL IMPACT: Not applicable: docking facilities are not included in areas of historical/archaeological probability. 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 Subsection 4(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) 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? No. The shoreline is curving but not at "the end or side end of a canal or waterway" as indicated by the petitioner. The LDC allows the use of 7.5-foot 'setbacks for end-of-waterway lots, but it is the clear intent of the Code to employ these setbacks in a situation which involves a "corner" of the lot, or lots, forming an angle which, when bisected, would create a riparian line from which to measure setbacks (see attached drawing: "Typical Setback Requirements for Dock Facilities"). That situation does not apply here. The platted waterfrontage of the subject lot is 61.96 feet, and the LDC requires 15-foot setbacks for such lots. The curvature of the shoreline does restrict the riparian rights of property owners when riparian lines are drawn in accordance with any of several guidelines used to project lines from an irregular shoreline more so than when drawn from a linear shoreline; however, all property owners are equally affected. While the conditions and circumstances are peculiar to the general location, they are not unique to the petitioner's property. 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. While conditions and circumstances peculiar to the general location which do not result from the action of the applicant exist, these are not unique to the subject property. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. Although other lots with similar conditions but having slightly less waterfrontage are allowed the 7.5-foot setbacks, the circumstances vary with each dock depending on the shoreline 'and the location of the riparian lines. A reasonable facility could be constructed on the subject property using the existing setbacks. The petitioner originally applied for a 77-foot facility, accommodA~;[~_ one vessel, for which staff was prepared to recommend approval. ~':-'~"'"~": ' ~-'''~ 5 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? No. As referred to above, a dock of reasonable length, accommodating a pleasure craft of average length, could be constructed at the site. The requested facility would accommodate two vessels, with a combined length of 56 feet, for property having about 62 feet of waterfrontage. 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. The Land Development Code requires 15-foot docking facility setbacks for all private docking facilities with waterfrontage of 60 feet or more. Other docking facilities in the area have 7.5-foot setbacks either as legal nonconforming structures, or because these lots have less than 60 feet of waterfrontage. This variance, as requested, would probably allow the petitioner to inhibit use of the docking facility on neighboring Lot 39. 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 a variance to allow a dock of this length would probably restrict use of the docking facility on adjacent Lot 39. In addition to the length, although the LDC does not address the positioning of riparian lines other than on end-of- waterway lots as described above, it appears that the line as shown on the petitioner's drawings increases the area of riparian rights of Lot 40 at the expense of those of Lot 39, thereby further limiting access to the dock on Lot 39. The riparian lines are also drawn from the mean high water line and not the property line as is commonly the case. Furthermore, in order to access the proposed lift, the petitioner would have to maneuver the vessel in the narrow area between the proposed catwalk, and the vessel and mooring pilings on Lot 39. go 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. Although the waterbody is wide enough to accommodate the proposed facility under normal circumstances - that is, where the property would have more waterfrontage and a linear shoreline - this fact would not offset the negative aspects at this particular site. ho Will granting the variance be consistent with the Growth Management Plan. Approval of this plan will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION- The proposed facility, comprising dock, mooring pilings, and vessels, would inhibit use of the dock on adjacent Lot 39. The facility would be used to accommodate two vessels, one quite large, on a relatively small waterfront lot at a location where access is already restricted. A smaller facility, such as that originally proposed by the petitioner, would meet the criteria for a reasonable extension without encroaching into the 15-foot setbacks. Staff believes that this facility as currently proposed is inappropriately large and recommends denial of this petition. PREPARED BY: R~)S~3 ~;C)~IE~NAUR, PLANNER I I CURRENT PLANNING [~ATE ~ REVIEWED B1Y: -'"'. CURRENT PLANNING MANAGER R ICP, PLANNING SERVICES DIRECTOR DATE DATE APPR~D ElY: VINCENT A. OAUTERO, AIOP, ADI~INISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number: V 99-21 Staff report for the 4 November 1999 CCPC meeting. This Petition has tentatively been scheduled for the 23 November 1999 BZA Public Hearing. Collier County PlanningCommission: MICHAEL J BRUET, CHAIRMAN REQUIRED VARIANCE PETITION {VARIANCE FROM SETBACKiS} ..... - FOR A PARTICULAR ZONING DISTRICT} PETITION NO. PROJECT PLANNER DATE PETITION RECEIVED (ABOVE TO BE FILLED 'IN BY STAFF) PETITIONER'S NA24E PETITIONER'S ADDRESS /Q~p/cs, FI AGENT'S ADDRESS 3~ TELEPHONE LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) SUBDIVISION SECTION ~ TWP. ~l (If legal description is lengthy, i.e. metes & description, attach additional page) 90 BLOCK{S) mANGE Z-~ bounds CURRENT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & LA'b-usE ZONING LAND USE N 95~ ~-. s E W MINIMUM YARD REQUIREHENTS / %', ~ ~, E,.. F:~.,,.-,', t y FOR SUBJECT PROPERTY FRONT: SIDE: RE~: ~'/4 CORNER LOT'QA~L~S (CIRCLE ONE} WATERFRON LOT' Ne~(CIRCLE ONE) 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 if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6) . (Please address this criteria using additional pages if necessary.) '1. Are there which are of the land, structure, or building involved. yes.. special conditions and circumstances existing peculiar to the location, size and characteristics 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. ~&~ a ~&~e~a~ &~be~p~e~a~&o~ o~ bhe p~ov&s&o~s o~ zoning code work unnecessary and undue hardship or crea~e practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. - Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to o~her lands, buildings, or structures in the same zoning district. i ? o o 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 ~o 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 course, etc. Will granting the variance be consistent with.the growth management plan. AFFIDAVIT I, ~ . ~- ~= ~ ~~Y being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true Eo the best of my knowledge and belief. I understand thi~ application must be completed and accurate before a hearing can be advertised. I further permit ~ ~Y~ /h/~/ '~ to act as my (AGEN~f'S NAME) representative in any matters regarding this Petition. State of Florida County of Collier SIGNATURE 'OF OWNER The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: SIGNATURE OF AGENT State of Florida County of Collier The foregoin~ Agreement Shee~ was acknowledged before me this day of , 1996 by ,' who is personally known ~o me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) VARIANCE APPLICATION/md NOTARY PUBLIC Commission # My Commission Expires: O,DIX3~ _-I0 ISLES OF CAPRI Sll)fi YARD SETBA£'K I(}R FXI5TIN(~ [)()('KS 400 600 ALE 1'=200 l.uckerbauer 9 I'iasl Pelican Nlreel I.ot 40 isles of('apri SCALE pH{~TO DATE i PH070 JOB NO 1":200' NOV. 96, SECTION .I S ~ "'~ LOT 40 · ~ ISLES O? CAPRI NO. -~ *~ t~ 9 Ectst Peli, ccm Street ' ~ ~ L~c~erbauer -' it / / / '" /// / '-',~... / / / / / / / / / / I / / / / / / I / ~" / t ~ / #' / / ~ "Exhibit A" I I I I t I I I I I I /~' / / I 0 AFFIDAVIT I, ~ ~ ~Cw ~C-~Y beln~ first .duly sworn, depose and say that I am the owner of the property d~scribed herein and which is the subject matter of the proposed h~aring; 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 tru% to the best of my knowledge and belief. I understand thi~ application must be completed and accurate before a hearing can be advertised. I further permit ~ ~-w /~_~_/ ', to act as my (AGENt'S NAME) representative in any matters 'State of Florida County of Collier regarding th~Petition. - SIGNATURE , OF OWNER The foregoing Agreeme,nt Sheet was acknowledged before me this 2~ day of~.D~J~ , 199~ by A. L~~O~ __, who is personall~ known to me or who has produced . a~ icentification and who did (did not) take an oath. .~ignature of Nptary Public).. PUB . C 02qt9 Commission # My Commission Expires: State of Florida County of Collier SIGNATURE OF AGENT The foregoinq Agreement Sheet was acknowledged before me this day of , 199~ by __, who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) VARIANCE APPLICATION/md 5 NOTARY PUBLIC ,, Commission # My Commission E~ire~: ? L3 .2 .2 _4 :8 2.9 20 .21 22 23 BE IT RESOLVED that this Resolution relating to Petition Number V-99-21 be recorded m the minutes of this Board. This Resolution adopted alter motion, second and majority' vote. Done this day of .2000. ATTEST: DV<IGHT E. BROCK. Clerk BO,ad~D OF ZONING ,APPEALS COLLIER COL%'TY. FLORIDA Approved as to Fonn and Legal Sufficiency: MarJone M. Student .Assistant Count.',' Attorney g adm~n, RESOLUTION,~,'-99-21 RG im , CHAIRMAN -2- ISLES OF CAPRI NO. 1 Y E~st Petican Street Luckerbauer / / / / / / / t / / / / / / / / I "Exhibit EXECUTIVE SUMMARY PETITION V-99-27, BOYETT DESIGN GROUP REPRESENTING LARRY W. ORMSBY REQUESTING A 10 FOOT VARIANCE FROM THE REQUIRED 25 FOOT REAR YARD SETBACK TO 15 FEET FOR A STAIRWAY FOR A PROPERTY LOCATED AT 210 6TM STREET WEST AND IS FURTHER DESCRIBED AS LOT 31, BLOCK "E", LITTLE HICKORY SHORES UNIT NO. 2, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting the above-described variance in order to build a stairway with a reduced setback. CONSIDERATIONS: The petitioner wishes to build a two-story house on the subject lot. The property is zoned RSF-4, which requires a 25 foot rear setback for the principal structure and a 10 foot rear setback for accessory structures including swimming pool enclosures. Stairways are allowed to encroach up to three feet into a required rear yard. The proposed stairway, which will encroach 10 feet into the required rear yard, will be located inside the pool enclosure. Nevertheless, since the stairway is a part of the principal building this variance became necessary. Staff did not receive any objections to this request. During the Collier County Planning Commission's hearing no one spoke against this variance nor otherwise registered any objection. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 1 MAR l Z~ 2000 STAFF RECOMMENDATION TO THE CCPC: Due to the lack of land related hardship, staff was constrained from recommending approval. Therefore, staff recommended that the CCPC forward this petition to the BZA with a recommendation for denial. The one objection was based upon the absence of land related hardship. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed V-99-27 on February 17, 2000 and by a vote of 7-1 recommended that the Board of Zoning Appeals approve this petition. The Planning Commissioners decision was based on the fact that a piece of furniture or a landscape tree will have the same effect as this stairway located inside the pole enclosure. A~A ITEId MAP, 1~. 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE ED BY: I~ONA~'-~N~INO, AICP, MANAGER CURRENT PLANNING SECTION DATE R~P, DIRECTOR PLANNING SERVICES DATE A P/P~/~E'D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAR 14 2001) AGENDA ITEM 7-F TO: FROM DATE: January 18, 2000 RE: PETITION V-99-27 MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENT/APPLICANT: Owner: Larry W. Ormsby P.O. Box 301 Pelham, N.H. 03076 AGENT: Boyett Design Group 2051 Trade Center Way Naples, FL. 34109 REQUESTED ACTION: The petitioner requests a 10-foot variance from the required 25-foot rear yard setback to 15 feet for a stairway. GEOGRAPHIC LOCATION: The subject property is located at 210' Sixth Street west and is further described as Lot 31, Block "E", Little Hickory Shore Unit No. 2, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to build a two story house on the subject lot. The property is zoned RSF-4, which requires a 25 foot rear setback for the principal structure and a 10 foot rear setback for accessory structures including swimming pool enclosures. Stairways are allowed to encroach up to three feet into a required rear yard. The AGEND~ ITF.~ MAR lq 2000 (u.s. {me 'fa) ~ .r~e~3a,~^ OF MF_,xICO ITE~ 1 ~ 2000 Pg. ,, proposed stairway, which will encroach 10 feet into the required rear yard, will be inside the pool enclosure. SURROUNDING LAND USE AND ZONING: Subject property: Vacant property; zoned RSF-4 Surrounding: North - Single family residence; zoned RSF-4 East - Single family residence; zoned RSF-4 South - Waterway, Vacant; zoned RSF-4 West - Single family residence; zoned RSF-4 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. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: 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? No, this is a typical single family lot in Little Hickory Shores. This subdivision is an older subdivision with over 100 lots. Over the years, only four variances were approved for irregular lots in this subdivision. An appropriate size house for these lots should not require a variance. de ge 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 property is vacant and it is possible to redesign the house to remove the need for a variance. The house, as designed, is a two story stilt home with over 6000 square feet area. The footprint of the house almost covers the entire buildable area of the lot. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. Denial of this variance would cause financial hardship to the Petitioner for the re-design of the house. 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? No, as discussed above a variance is not necessary to make possible the reasonable use of the land. 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 rear yard than would be permitted for a similar lot in the RSF-4 zoning 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, 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.? Yes, there is a navigable canal in the rear of this property and the stairway will be within the screen enclosure for the pool, which will reduce the visual impact of the stairway on the neighboring properties. 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: Due to the lack of land related hardship, staff recommends that the CCPC forward this petition to the BZA with a recommendation for denial. !,4.'-,2 1~ 2000 PREPARED BY: Chahram Badamtchian, Ph.D., AICP Principal Planner REVIEW/~D BY: .~ CURRENT PLANNING MANAGER DATE DATE ROf~~E RE, AICP PLANNING SERVICES DIRECTOR VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DATE DATE Petition Number: V-99-27 Staff report for the February 3,2000 CCPC meeting. This Petition has been scheduled for the March 14, 2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-99-27, 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 reg~tlations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1 O-foot variance from the required rear yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", in a RSF-~ Zone for the property hereinafter describe& 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 Regulatiorts of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportumty 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-99-27 filed by Boyatt Design Group, representing Larry W. Omsby, with respect to the property hereinafter described as: Lot 31, Block "E" Little Hickory Shores Unit 2, as recorded in Plat Book 3, page 79 of the official records of Collier County, Florida. be and the same hereby is approved for a 10-foot variance from the required rear yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein said property is located, subject to the following conditions: This variance is only for the stairway as shown on the plot plan. NAP, 14 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-99-27 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of a 2000. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney G:/V-99-27 RE~OLD~FION/CB/ts BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANt, Chairman C -2- A~F_HDA ITF..M 20O0 SIXTH STREET WEST 74.97' ~ m~w,~,u. SCAL.~, I'- IO' LEGAL DESCI~IPTION LOT, 31 BLOC~, E.. tJNIT 2 ADO~ $1X'T14 5 1 ~T SI.~IVI$1ON, LIT'T'L.~ IdlCKC3~Y CONTRACTOR & SURVEYOR TO VERIFY PLACEMENT OF' HOUSE ON SITE PRIOR TO COMMENCEMENT OF CONSTRUCTION. CANAL SITi~ PLAN AGENDA iTF_M EXECUTIVE SUMMARY AUTHORIZE THE NATURAL RESOURCES DEPARTMENT DIRECTOR TO APPLY FOR ARTIFICIAL REEF GRANTS. OBJECTIVE: Authorize the Natural Resources Department Director to apply for grants to construct and map artificial reefs. CONSIDERATION: 1. The Collier County Artificial Reef Program (ARP) administered by the Natural Resources Department is submitting two applications, $25,000 for construction and $25,000 for mapping of artificial reefs from the Florida Fish and Wildlife Conservation Commission, Bureau of Marine Fisheries Management (BMFM). 2. The funds are made available by the Federal Wallop-Breaux program and offered through BMFM Sport Fish Restoration Program Grants. 3. The grant funds would be used to locate, map, and construct artificial reefs in Collier County.. 4. If awarded, staff will submit the grant agreements to the Board of County Commissioners for final approval. FISCAL IMPACT: The grant money would reimburse the Natural Resources Department fund #117-178280. If awarded, the funds ~vould be available for FY 00/01. GROWTH MANAGEMENT IMPACT: If awarded the money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: The Board of County Commissioners authorize the Natural Resources Director to sign and submit the attached applications for the artificial reef grants. SUBMITTED BY: , ~ Date: Doug. las"Ozffuitor, Sr. Envir0Fanental;Specialist REVIEWED BY: ~ '~' ~ ,,,-,-/&x~:-,x./ Date: WilJ~ D. ~,.orenz, Jr., P.~., DirectOr ~ Natural t~esources Departmen~t APPROVED BY: ' Ci Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division ,INSTRUCTIONS FOR COMPLETING 2000-2001 ARTIFICIAL REEF MONITORING GRANT APPLICATIONS Only a SINGLE COPY of an UNBOUND APPLICATION should be submitted for each proposed project. APPUCANTS ARE STRONGLY ENCOURAGED TO SUBMIT PROPOSALS TO LOCATE ACCURATE POSITIONS OF ARTIFICIAL REEF DEPLOYMENTS WITH DIFFERENTIAL GLOBAL POSITIONING SYSTEM EQUIPMENT AND REPORT ON THEIR CURRENT CONDITION FOR RE. EF SITES THAT ARE CURRENTLY LOCATED USING LORAN-C OR NON-DIFFERENTIAL LATITUDE/LONGITUDE COORDINATES. Applications should be as explicit as possible, with the funded project identifiable as a separate project and not part of a larger project. Specific and measurable project obiectives should be stated in the narrative section of the application. Proposed projects should be correlated to the amount of qrant funds request, ed. Grant funding is based upon the magnitude of the project, not an arbitrary limit such as $25,000. Proiects that are too complex for the amount of funds requested will not be evaluated. 5. IT IS' STRONGLY RECOMMENDED THAT APPLICANTS CONTACT BMFM ARTIFICIAL REEF PROGRAM STAFF IF THEY ARE UNCLEAR AS TO THE EXACT REQUIREMENTS FOR THIS YEAR'S APPLICATIONS. Applicant's Name: Mailing Address of Applicant: Street Address of Applicant: Name of Project Manager: Telephone and FAX numbers: E_mail address: Federal Employer Identification Number: Instructiuns for each line of requested information are as follows: Applicant Identification' Self explanatory Street address where all grant-related correspondence should be mailed Physical street address to which courier packages can be delivered Person who is responsible for the contractual obligations and administrative aspects of the project Self explanatory Self explanatory Self explanatory I!. Project Identification' N~,me of Project: Name of Permitted Site(s): Self explanatory, usually the Ioca': n2r~,~ -'or the specific Ioca~cm~of materials deployment ! '*~'-:~' .... -~ Permitted site as named in permit documents or on local ch ~a~t. s Name of Permit Holder(s): Grant Number(s) and Year(s): Depth and Type: As stated on permit documents. A listing of the specific grant number and year for each reef proposed to be monitored. At least one reef must have been grant-funded The depth and type of matedal for each reef proposed to be monitored II1. Project Description Total Cost: Self explanatory Matching funds: Self explanatory Grant Funds: Self explanatory Appendix 1' · A portion of the most recent nautical chart indicating the reefs proposed to be monitored Appendix 2: A detailed description of the proposed monitoring project including the following data: Objectives: Describe the specific objectives of the project and how they will be measured Schedule: Provide a detailed schedule of proposed monitoring events Qata: Monitoring techniques: Describe what data is to be collected, how it wi~i be recorded, s,qd the type of ana!yses proposed Provide more detail for each of the techniques proposea in Section IV Appendix 3: Provide a separate drawing for each reef proposed for monitoring with the following data: Scale: Provide a reference scale (in feet) for each drawing Coordinates: Provide the coordinates in latitude/longitude format Location(s): Identify the exact location on the reef where the sampling will occur Directions: If more than one sampling station is proposed for each reef, provide the distance and beadng between sampling stations IV. Monitoring Methods Mapping: If proposed, indicate the method (radial sweep, transect etc.), the number of events and their frequency Fish Census: Matedals: If proposed, describe which visual census technique will be utilized and how data will be recorded (i.e. total count, relative abundance etc.) If proposed, describe how the durability or stability of materials wil[,~be measured Photo/video: Data: Appendix 4 Appendix 5 Describe the types of equipment to be utilized and type of documentation to be recorded (i.e. fixed stations, random transects etc.) Descdbe what types of data will be recorded, what types of electronic files will be utilized, what format they will be analyzed in, what types of analyses are proposed, and how the data will transferred to the F'WCC Provide a description of each diver who will be collecting and/or analyzing data indicating their level of diving certifications and previous or expected training in underwater data collection Nonprofit corporations must submit the corporation's By-laws, AYdcles of Incorporation and documentation of current 501(c)(3) tax status from the Internal Revenue Service V. Other Supporting Information Total Budget: Self explanatory Additional Funding: Self explanatory Other Projects: Self explanatory Budget for ~'001-02: Self explanatory Monitoring Plan: Seif explanatory. NOTE: ALL APPLICANTS ARE REQUIRED TO COMPLETE THE SURVEY QUESTIONNAIRE AND ARE ENCOUP, AGED TO ATTACH ADDITIONAL SHEETS IF REQUIRED TO DESCRIBE YOUR SUGGESTIONS FOR IMPROVEMENT OF THE ARTIFICIAL REEF PROGRAM. C :\WIN DOWS\TEMPWIONINST R.001 FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM 2000-2001 FISCAL YEAR Monitoring Grant Application I. Applicant Identification: Date received by FWCC Applicant's Name: Collier County Natural R~sources ~.nart-r~nr , Mailing Address: Collier County Natural Resources Department 3301E. TamiamiTrail Health & Cormunity Services Building, 3rd Floor Naples, Florida 34112 Street Address: Board of Commissioner's Address: Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34 1 ]2 Name of Project Manager: (must be an employee of the applying entity) Douglas Suitor Telephone: ( 94_1 _D 732-2505__ FAX:( 941 ~ 774-8282 E mail address: DougSuitor@colliergov.net Federal Employer Identification Number: 59-6000558 II. Project Identification: Name of Project: Names of Permitted Site(s): Reef Site Mapping Progrmn ]) Doctors Pass 5 mile 2) Wiggins Pass 9 mile 3) Gordon Pass 5 mile 4) Gordon Pass 9 mile Collier County Natural Resources Department Name of Permit Holder(s) · G~nt Number(s) and Year(s): l) FDNR C-8297 , 93-94 3) OFMAS-033, 95-96 2) FDNR C-7808, 91-92 4) FDNR C-7272, 9]-92 Depth and TypeofMatefials: Variable III. Project Description: Total Project Cost: $ 26,400 Grant Funds Requested: $ 25,000 Matching Funds Avai|able: $ 2,500 Submit as Appendix One a single nautical chart showing the reef(s) proposed [~ be monitored. $ubmR As Appendix '~;o ade, ai~d narr~_tive descr!ption of the p,'oject (includin~ sPeCifiC obiectiv'~ and results to be obtained from proiect) and a schedule of proposed activities. Provide_detaile~ information as to the type of reef monRoring techniques proposed and the type of data to be collected and how it will be analyzed. ~ '~ Submit as Appendix Three a separate drawing of each reef proposed for monitorin9 (with a scale in feet) identifying the locations of sampling stations, the distance in feet between sampling stations, and center and comer coordinates of the site in decimal minute format (30° 25.356' N 1 84° 45.698' W). IV.Monitoring Methods: Mapping × Yes No Number of mapping events proposed _ Side scan sonar 4 sites Frequency of mapping events method see attached quote Fish Census x Yes No Number of fish census proposed ] annually method Frequency of census events yearly Materials evaluation × Yes No Number of evaluation events proposed method Frequency of evaluation evei-,;--, yearly Underwater Video Yes × No Number of video events proposed Frequency of video events method Underwater Photo X Yes No Photo stations method Number of photo events proposed 4 per site Fr~.aue,cy of pn~.-c events_ yearly___ How will the data collected be stored and transferred to F~¥CC? Provide the format o~ the data, na~r~ of software programs, and types of files. Data will be submitted in database, map, and text format. Maps will be in ARC View on WGS 84 coordinate system. Databases will be submitted in DBase III format. Text will be submitted in MS Word and text format. Submit as Appendix 4 a listing of the divers involved in the data collections and analysis including the qualifications, previous data collection/analysis experience, and required level of training for each diver. Applicants qualifying as nonprofit corporations must submit in Appendix 5 the corpe~on's By-la~', Articles of Incoprporation, and documentation of 501(c)(3) tax status from the~lntemal Revenue Se ,ice. !; V. Other Supportin_g Information: Applicant's Total Budget for 2000-2001 Reef Construction and Monitoring Excluding Funding Under This Application: List Any Additional Funding Sources and Amounts: HOw' many other reef projects are planned for 2000-20017 Anticipated Reef Budget for Fiscal Year 2001-2002: Is a Local Artificial Reef Development Plan which addresses monitoring available? $25, .0~)0. _.00 ~g~e~orf°~2~0re~ ~' c~n$~uct ig~ .... I 2001-20027 1-2 $?~;OOq to $50,000 depending on reef construc- t zon grant appl icat ion Yes X (attach copy) No ~ ,.. I certify that the above information and all appendices are true and complete to the best of my knowledge. Local Governmental or Nonprofit Corporation Signatofy Autho~rR-y: /- / Typed Name William D. Lorenz, Jr.,P.E. Signature ~f~/_~-~-~~.[~ ~' ~ Title Natural Resources Director Date 5' /'~ 2c-~-c INSTRUCTIONS FOR COMPLETING 2000-2001 ARTIFICIAL REEF o CONSTRUCTION GRANT APPLICATIONS Only a SINGLE COPY of an UNBOUND APPLICATION should be submitted for each proposed project. IF AN ARTIFICIAL REEF PERMIT VALID THROUGH JUNE 30, 2001 HAS NOT BEEN OBTAINED FROM THE U.S. DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS BY THE TIME OF GRANT SUBMI'I-I'AL, THE APPLICATION WILL NOT BE CONSIDERED FOR FUNDING THIS FISCAL YEAR. Construction grant applications must supply complete documentation (application, drawings, permit, placard and cover letter) of approved permitted site(s) which are valid through June 30, 2001. Permitted sites must be described in latitude/longitude format. The site drawing must corrtain the dimensions and orientation of the permitted site. It is the responsibility of the applicant to obtain these data prior to the submission of an application. Applications should be as explicit as possible, with the funded project identifiable as a separate project and not part of a larger project_ Specific and measurable project obiectives should be stated, in the narrative section of the application. Proposed projects should be correlated to the amount of qrant funds requested. Grant funding is based upon the magnitude of the project, not an arbitrary limit such as $25,000. Projects that are too complex for the amount of funds requested will not be evaluated. Construction projects for up to $50,000 will be entertained for applications employing designed modular units. Modifications in the types of materials and project location after the grant has been funded will only be considered in extreme circumstances beyond the applicant's control. IT IS RECOMMENDED THAT APPLICANTS CONTACT BMFM PROGRAM STAFF IF THEY ARE UNCLEAR AS TO THE EXACT REQUIREMENTS FOR THIS YEAR'S APPLICATIONS. 8. Instructions for each line of requested information is as follows: I. Applicant identification: Applicant's Name: Mailing Address of Applicant: Self explanatory Street address where all grant-related correspondence should be mailed Physical Address of Applicant: Physical street address to which courier packages can be delivered Board of Commissioner's Official physical street address of the applicant's goveming body Address: Name of Project Manager: Person who is responsible for the contractual obligations and administrative aspects of the project Telephone and FAX numbers: E_mail address: Federal EmplOyer Identification Number: Self explanatcW Self explanatory Self explanatory II. Project Site Description: Name of Specific Reef Project: Name of Permitted Site: Name of Permit Holder: Permitted Site location: U.S. Army Corps of Engineers Permit No: DEP Environmental Resources Permit Number: Appe. ndix 1: cover Appendix 2: Compass rose: Scale: Name of permitted site: Dimensions: Area of the permitted site: Center and corner coordinates: Orientation of site: Water depths: Previous deployments: Deployment table: Self explanatory, usually the local name for the specific location of materials deployment Permitted site as named in permit documents or on local chars As stated on permit documents. If applicant is not the permit holder, a letter of authorization from the permit holder to use the site is required State waters boundaries are 9 nautical miles on the Gulf Coas~ while on the Atlantic Coast the boundary is 3 nautical miles The official number as stated on the permit documents The official number as stated on the permit which authorizes artificial reef construction in State waters under Chapter 403, Flodda Statut=~s Complete copies of the applications for, and ali perm., placards, and letters issued for the proposed project site, including ail suppo,~.ng narrative information and maps or drawings A dr~.'¢;,qg on a SINGLE PAGE wff~ the following data: Directional symbol indicating the four cardinal direction,s Linear distance scale indicating increments in feet Official name as stated on permit documents Length and width (in feet) of rectangular sites, side measuremem for square sites, the length of the radius (not diameter) for circular site, and lengths of all sides for polygon-shaped sites Described in either acres to the nearest one-tenth of an acre or in square nautical (not statute) miles Listed in degrees and hundredths of minutes (not in degrees, minutes and seconds), for example 30° 25.25' not 30° 25' 25' For rectangular or polygonal sites, the diagram must be propedy odented in relation to the compass rose Both minimum and maximum (in feet), as indicated in permit application or from a NCAA nautical chad .Ail previous deployments of materials within the permitt.. A sooarate table listing previous deployments by reference- r~: ~,L'e, and describing the date, type, coordinates and the amount of materials deployed. including the proposed deployment ..Appendix 3: Chart name, number and date: The bearing and distance from a navigational marker or a topo- graphical feature: Photocopy or actual PORTION OF THE MOST RECENT ISSUE of a NO/LA nautical chart with the following data shown: Self explanatory Given in whole degrees and nautical miles from the described marker or topographical feature to the proposed deployment location !11. Project Description: Funds Requested: Total Project Cost: Type of Materials: Amount of Materials: No. of reef projects completed in 1999-00: No. of reef projects plan:led for 2000-2001: Marine Advisory Board: Long-range development' planning document: Bottom survey: Appendix 4: Appendix 5: Appendix 6: Self explanatory If greater than the amount of grant funds requested, please describe the amount and source of additional funds in Appendix 4 Specific description of the type of materials proposed Specific description of the amount of materials proposed. Char~es in the amount of materials after grant execution will only be approw~d if absolutely necessary The number of separate projects completed by the applicant,, not the number of individual deployments Self explanatory Self explanatory Self explanatory Surveys consist of an actual, physical inspection of the bottom, not simply a remote inspection with a fathometer Self explanatory Self explanatory Self explanatory NOTE: ALL APPLICANTS ARE REQUIRED TO COMPLETE THE SURVEY QUESTIONNAIRE AND ARE ENCOURAGED TO ATTACH ADDITIONAL SHEETS IF REQUIRED TO DESCRIBE YOUR SUGGESTIONS FOR IMPROVEMENT OF THE ARTIFICIAL REEF PROGRAM. Revised 12J99 ~:\~N[t~ ~W$ \TEMP~NSTRUCT.bg 1 FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES ARTIFICIAL REEF PROGRAM 2000-2001 FISCAL YEAR Construction Grant Application I. Applicant Identification: Date received by FWCC Applicant's Name: Collier County Natural Resources Department Mailing Address: 330] E. Tmniami Trail Health & Ccrmmnity Services Building, 3rd Floor Naples, Florida 34] 12 Collier County Board of County Comnissioners 3301 E. Tamiami Trail Naples, Florida 34] 12 Physical Address: (if different) Board of Commissioner's Address: Name of Pro, eot Manager: (must be an employee of the applying entity) Douglas Suitor Telephone: ( 94 ] ) 732-2505 'T it! e '_Sen ior__E ~rN_iro_rm~nt al _Spec_i~_~ FAX:( %] ) 774-8282 E_mail address: DougSuitor@col 1 iergov, net Federal Employer Identification Number: 59-6000558 I!. Project Site Description: Name of Specific Reef Project: Doctors Pass 4.5 mile reef Name of Permitted Site: Doctors Pass 4.5 mile reef Name of Permit Holder (if different than applicant): (Attach a letter of authorization to use the site if the applicant is not the permit holder) Permitted Site is located in: State waters U.S. D;'my Corps of Engineers Permit No.: DEF~ Environmental Resources Permit No.: x or Federal waters 11-0126358-003 __~ Expiry Date: 12/20/04 Expiry Date NOTE: All permit documentation (cover letter, actual permit, permit placard, application.and drawinq.s submitted with the application) for the proposed site must be included i~ Appendix 1. PermRs m'~st have an expiration date later than June 30, 2001. ... .... Appendix 2 consists of a drawing of the permitted site which contairls the f011owincj information: 2. 3. 4. 5. 6. 10. Compass rose; Scale; Name of permitted site; Dimensions (in feet) of the permitted site (length/width for polygons, radius for circular sites) Area of the permitted site in acres and/or square nautical miles; Center and comer coordinates in latitude/longitude format as described in the Army Corps of Engineers permit. LORAN-C coordinates are not acceptable. If the permit uses LORAN-C coordinates to descdbe the site, the applicant must obtain DGPS coordinates for the center of the site using a vessel equipped with both types of navigational receivers. Directional orientation of permitted site; Minimum and maximum water depths for the permitted site; All previous deployments in the permitted site and the proposed deployment shall be shown on the drawing with a reference number, and A table (on a separate page) which lists by reference number the date, type, amount of materials, and coordinates in latitude/longitude for each pdor deployment and the proposed deployment in the permitted site. Appendix 3 consists of a section of the MOST RECENT edition of the NOAA nautical cha,-t containing the proposed deployment site which contains the following information: Chart name, chart number, and date of chart; The section must show the coastline adjacent to the proposed deployment location; and The bearing and distance (in nautical m~les) from a described navigational marker or distinctive topographical feature (mouth of inlet) to the proposed deployment location. Iil. Project Description: Amount of Grant Funds Requested: $ 25,000 Total Project Cost $ 45,000 Type(s) of Materials Proposed for Deployment: ?recasE concre[e ._ .':-stirr,~ated Amount of ?,,."~terials Prnposed for Deployr,:ent: +400 Eons No. of reef projects completed in 1999-00 I No. of reef projects plan~.d for 2030-2001 Is there a Marine Advisory Board which provides input on artificial reef issues? YES × NO~ (If yes, please describe in the Appendix 4 narrative - see below) Do you have a long-range artificial reef development'planning document? YES × NO__ (If yes, provide a copy of the document in Appendix 4) Has a bottom survey for the deployment coordinates been accomplished? YES × NO__ (if yes, include a copy of the survey in the Appendix 4 narrative) (NOTE: BOTTOM SURVEYS OF PROPOSED DEPLOYMENT LOCATIONS MUST BE PROVIDED PRIOR TO CONSTRUCTION ACTIVITIES OCCURRING). Appendix 4 consists of a detailed proiect narrative which outlines: 1. The applicant's objective(s) for the proposed project and how they will be measured; 2. The applicant's artificial reef construction/monitorin.g budget (excluding funds from this grant) for 2000- 2001 ~ncluding a description and amounts of additional funding by funding source; 3. A description of the Madne Advisory Board members and affihations; 4. A copy of the applicant's long-range planning document (if available) showing the linkage of the proposed project to the planning document; 5. The bottom survey methodolog, y an(~ resu',.~: · 6. Details on any stability testing ~vhic,~ has .-;ourred for the proposed materials; 7. If scrap or re-use materials are proposed, indicate whether the reef material has already been secured or donated (including letter(s) o; vefi+'i~.atioq); 8. The specific technique to be empl~,. ~L for :':.~eteda, placement; and ¢/_ .~..~/) / 9. A project time line. Appendix 5 consists of copies of a maximum of five.(5) current (less than 6 months from application date) letters and/or petitions demonstrating public support for the specific project proposed for grant funding. Appendix 6 consists of the Articles of Incorporation, Bylaws, and tax status documents for applicants qualifying as nonprofit corporations. i certify that the above information and all appendices sre true and complete to the best of my knowledge. Name Local Governmental or Nonprofit Corporation Signatory Authority: William D. Lorenz, Jr., P.E. Signature,/ Title Natural Resources Director Date Rev. 17-/99 C:\WINDOWS!TEMP\CON ST R.201 EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE HABITAT FOR HUMANITY OF COLLIER COUNTY, PROGRAM FOR THE CONSTRUCTION OF HOUSING VERY LOW INCOME PERSONS IS CONSISTENT WITH COLLIER COUNTY GROWTH MANAGEMENT PLAN IMPLEMENTING REGULATIONS THEREOF. INC. FOR THE AND OBJECTIVE:. To have the Board of County Commissioners approve the Resolution. CONSIDERATION: Habitat for Humanity of Collier County, Inc. has asked the Board of County Commissioners to pass a resolution stating that their overall building plan for the provision of affordable housing in Collier County is consistent with local plans and regulations. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Resolution. That the Board of County Commissioners approve the SUBMITTED BY: d~..-~,. ~.-~ ~ Date: Cormac J. Giblin, Manager Department of Housing and Urban Improvement REVIEWED BY' ~..~'f-~ Date: "~re g Mih~[~,~'~rector DePafftne~t of Housing and Urban Improvement APPROVED BY: &~ d~' ff~--Date: {dincent A. Cautero,~,~P, Administrator Community Development and Environmental Services MAR 1 4 2000 RESOLUTION NO. 2000- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. PROGRAM FOR THE CONSTRUCTION OF HOUSING FOR VERY LOW INCOME PERSONS IS CONSISTENT WITH THE COLLIER COUNTY GROWTH MANAGEMENT PLAN AND IMPLEMENTING REGULATIONS THEREOF. 6 7 8 9 10 11 12 13 14 WHEREAS, the Habitat for Humanity of Collier County, Inc. ("Habitat") program for the 15 construction of housing for very low income persons is designed to offer home ownership to very 16 low income residents of Collier County in an effort to eliminate substandard housing and develop 17 a healthy, safe, and economically viable community; and 18 WHEREAS, the Habitat building program makes owner-occupied housing available to all 19 eligible persons through private-public partnerships and "sweat equity" on the part of the 20 purchasing persons; and 21 WHEREAS, the Habitat building program is consistent with the provisions of the Growth 22 Management Plan of Collier County and implementing regulations thereof; and 23 V~t~EREAS, Collier County supports both the Habitat building program and incentive 24 programs that facilitate the provision of affordable, owner-occupied housing; and 25 WHEREAS, Chapter 220, Florida Statutes, provides corporate income tax credits such as 26 the community contribution tax credit, as set out in Section 220.183, Florida Statutes, as an 27 incentive to donate materials to eligible projects for the construction of low income housing; and 28 WHEREAS, the criteria set forth in the said statutory provisions require a certification by 29 the local government that the project is consistent with local plans and regulations be included in 30 the application for community contribution tax credits. 31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNIY, FLORIDA, that: 33 1. The Habitat for Humanity of Collier County's building program which provides for the 34 construction of housing for very low income residents of Collier County is consistent with Collier 35 County's Growth Management Plan, ~pecifically Objectives 1.4, 1.5, and 2.1, and related Policies 36 of the Housing Element of said Plan, together with the implementing regulations thereof. MAR 1 ,t 2001] 1 2. The County Administrator is hereby authorized and directed to file this Resolution with 2 the State of Florida, Office of Tourism, Trade and Economic Development of the Executive 3 Office of the Governor, The Capitol, Suite 2001, Tallahassee, Florida 32339-0001, to enable 4 Habitat for Humanity of Collier County, Inc. to obtain approval for its projects. 5 3. This Resolution shall take effect immediately upon its passage by the Board of 6 Commissioners of Collier County. 7 PASSED AND ADPOTED by the Board of Commissioners of Collier County this __ 8 day of ,2000~ 10 11 12 13 14 15 16 ATTEST: DWIGHT E. BROCK, Clerk 17 18 19 20 Approved as to legal form 21 and sufficiency: 22 23 24 26 r'"r~-David W-~igel~ ~2ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, Chairman A~EN I MAR 1 4 2000 EXECUTIVE SUMMARY BUDGET AMENDMENT FOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES' PURCHASE OF AN ELECTRONIC DOCUMENT FOLDING, INSERTING AND ADDRESSING SYSTEM OBJECTIVE: To transfer funds from reserve account 113-919010 to fund and cost center 113- 138900 in order to purchase the necessary hardware, software and implementation services to install an Electronic Document Folding, Inserting and Addressing System for use by the Community Development and Environmental Services Division. CONSIDERATION: Currently, Community Development and Environmental Services folds, inserfs, addresses and seals almost 70,000 envelopes each year. All of this is being done manually, which is very time consuming it is estimated to take 16 man-hours to handle one 1000 address mail out for a PUD amendment. At 69,400 mail-outs per year, our Division uses over 1,110 man hours per year. Based on an average hourly cost of $12.80 (Planning Technician's hourly rate plus benefits), the annual cost is $14,213. Because this is such a highly labor intensive task, staff believes that purchasing a machine to perform daily, folding, inserting, addressing and envelope sealing is much more economical in the long run. After reviewing several machines which currently offer State Contract Pricing, staff believes that the Documatch System manufactured by Pitney Bowes is the best product on the market. It has the ability of, printing out the document to be mailed. (on both sides if necessary), makes as many copies as you like, combines the document with other documents, folds all the documents in order, inserts the packet into either a regular #10 envelope, or #10 window envelope, seals the envelope, addresses the envelope, while searching for afld deleting duplicate addresses, and, sorts the mail-out by Zip Code number allowing us obtain a lower mailing rate. It is also completely net-workable, so departments can use it without leaving their office. In addition it can be used as a high-speed printer when not being used as a folder/inserter. The cost is approximately $49,836 (State of Florida Contract Pricing), plus $3,101 annually for a service agreement. A five year amortization of this machine would average the cost to $13,068/year, which is less than what we a spending right now. In addition, we would be getting back approximately 1000 man-hours of labor which can be used for more important projects. FISCAL IMPACT: The project fiscal impact of this project is estimated as follows: Documatch System Hardware/Software: $ 49,836, plus $3,101 for a.service contract totaling $52.937. Funds to cover these costs are available from the Division's "Reserves for Contingencies" cost center (113-919010-991000) I GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To approve a budget amendment ~br Community Development and Environmental Services' purchase of an electronic document folding, inserting and addressing system. SUBMITTEDDonaldBY: ~, ~latock, Jr.- Principal P~dher Planning Services Date: REVIEWED BY: ~'~ ~ .,/.', ---,~.~- Date: '~, Robert J. Mulher~ - Director Planningf:~rvi/c~ s APPROVED BY: '~~ ~.4' ~ Date' V~ncent A~ Cautero, AICP - Division Administrator Community Development & Environlnental Services 2000 EXECUTIVE SUMMARY PETITION C-2000-4, LUIS MALDONADO, COORDINATOR FOR MISSION POSSIBLE MINISTRIES, REQUESTING A PERMIT TO CONDUCT A YOUTH FAIR "2000 AWAKENING" ON MARCH 23~ THROUGH MARCH 26, 2000, ON THE "EL CALVARIO" CHURCH PROPERTY LOCATED AT 14601 EAST TAMIAMI TRAIL. OBJECTIVE: Mr. Luis Maldonado, coordinator for Mission Possible Ministries, is requesting that the Board of County Commissioners approve a permit to conduct their youth fair "2000 Awakening" to promote and gather funds for their fourth option youth program on the "El Calvario" church property located at 14601 East Tamiami Trail. CONSIDERATIONS: Mission Possible Ministries has met all the requirements of the carnival permit procedures other than those provided for within their request for waiver of the Surety Bond. FISCAL IMPACT: The $250.00 permit application fee does cover the cost of processing and required inspections. Since the church has contracted employees for clean up, the County holds no liability. GROWTH MANAGEMENT IMPACT: None. · PLANNINC SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the permit application to conduct the youth fair and waive the surety bond as the church employees will be responsible for clean up to restore the site back to the original condition. Pa. / PREPARED BY //fl0NALD F. NINO, AICP ~f f CURRENT PLANNING MANAGER DATE REVIEWED BY: BERT J. MULHERE, AICP~/~/ PLANNG SERVICES DEPARTMENT DIRECTOR DATE APPROVF~ BY: ~ VIN~J~T A. ~UTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE C-2000-4 perrmt No. _ .... PERMIT FOR CAILNIVAL EXHIBITION STATE OF FLORIDA: COU~NTY OF COLLIER: WHEREAS, Mission Possible Mmismes. has made application to the Board of County Cormmssioners of Collier County, Florida, for a permat to conduct a carmval or exhibition; and WHEREAS, Mission Possible Mmismes, has presented to the Board sufficient evidence that all criteria for the issuance of a perrmt to conduct a carmval or exhibition as set forth in Chapter 10, Article H, Amusements and Emertamments of the Collier County Code have been satisfied and that such carmval or ex~fibifion will be conducted according to lawful requirements and conditions; and WHEREAS, said Mission Possible Mimstnes, has requested a waiver of the surety bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRA2,VI~D TO Mission Possible Mimsuies, to conduc't a youth fair from March 23 through March 26, 2000, in accordance with the terms and conditions set forth m the pentioner's application and all related documents, at,ached hereto and incorporated berem for the following described property: (SEE ATTACHED LEGAL DESCRIPTION). The request for waiver of the surety bond is hereby approved. WITNESS my hand as Chatrman of smd Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STLT~ENT ASSISTANT COUNTY ATTORNEY C-20004 Permit TIMOTHY J. CONSTANTINE, CHAIRMAN ,AR 2230 Pg. /q ~ a ..... '* '~. NAPLES ZTALZAN AM CL PaGE 82 _=.,,.4.'~980 _o.52 5963515 ~-- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pmt Slip # ; Status 182193 02/28/2000 7:49:51 AM 02/28/2000 MS-66923 POSTED Payor' MALDONADO Fee Information Fee Code Description GL Account Amount ~Waived 11ClRC FAIR & CIRCUS PERMITS 11313890034122000000 $250.00 [ Payments Total $250.001 Payment Code Account/Check Number Amount1 CHECK 978 , $250.00! Memo: C-2000-4 Mission Impossible Youth Fair Total Cash $0.00 Total Non-Cash $250.00 Total Paid , $250.00 Cashier/location: FROLOFF_E / 1 User: MARTIN_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed :02 A~A t t',jv¢ Iglesia" [] Calvado" i -i60 i East Tammm~ Trial Naples. Flonda 34]14 Phone v4i-455-3629 January 05, 2000 Collier Counw Permit Department North Horseshoe Drive Naples. Florida 34104 SLq3JECT: Permit for Fund-raiser Sylvestre Gonzalez pastor of"El Calvano" do hereby grant permission to Mission Possible l...,o.,..~ to use our location to hold a counff Fair as a fund-raiser for their youth program Option", tre Gonzalez Pastor Pg. b Public Record Property Information Prop ID~: 00738160005 Strap #: Property Address: 14601 T~ City/State: NAPLES, FL Carrier Route: R004 C o unty: Collier Zip Code: 34114-8495 Ownership Information Owner Name: OLGA HIRSHHORN Mailing Address: 600 ADMIRALTY PARADE City/State: NAPLES, FL Country: Carrier Route: Zip Code: 34102-7803 Legal Description Legal Description: Lot/Unit: .000 Sub/Condo Name: Subdivision Code: GGE Unit #: Block/Bldg/Tract: 019 Section: Township: Range: Assessed Value./Taxes Ag Value: Land Value: $156,960 Improved value: $148,949 Total Value: $305,909 Total Assessed Value: $305,909 Total Ad Valorem Tax: $4,560.06 Roads Assess: Water Assess: Community Assess: Garbage Assess: Total Non-Ad Valorem Assess: Total Tax Bill: Tax Year: 1999 Exemption Agriculture: Exemption Homestead: Exemption Wholly: Exemption Widow: Exemption Blind: Exemption Disabled: Exemption Widower: Exemption: Energy Land and Building Descriptions Land Use Description: 73 Privately Owned Hospitals Approx. Base Living SqFt: Approx. Total Bldg. SqFt: 1839 Frontage: Year Built: 1950 Year Remodeled: Number of Stories: Land Use Code: Approx, Other SqFt: Number of Acres: Depth: Number of Baths: Number of Bedrooms: Pool: Sale Information Date Price Deed Type OR Book-Page PurchaseflOwner Comments A~Aii~h4 MAR NOTE: Please read reverse side ~fore comDletina this Copy: Copy: Copy: Zoning Director Petitioner (2) County Manager CARNIVAL OPERATION PETITION PROPERTY OWNER'S ADDRESS: TELEPHONE: LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENERAL LOCATION: CURRENT ZONING: ~"~~ CURRENT USE: THE FOLLOWING INFORMATION IS INCLUDED IN T~IS PETITION. TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.b. 3.e.2) 3 .c. 3.e.3) 3. d. Comments: 3.e.4) 3.e.7) 3.e.5) 3.e.8) 3.~ , 3.e.9) SIGNATURE OF PETITIDN~ DATE REVIEWED by Board of County Co~issioners: Approved: Disapproved: Conditions of Approval: SI~ OF COUNTY MANAGER As the sponsor of this event you are responsible to notify all food vendors of ~he temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand ~his completely? Yes ~- No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature of sponsor's agent Date: ~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENT8 Name of booth: Person in charge of booth: Types o~ food or beverage t:o be se~r~ed: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approve~ source. All food storage, preparation and utensil cleaning for =his event shall not be done in private homes. ~//~7~rw~ ~/C~J~~ L~cation of advanced food preparation: ~~- _ A . How will .~od be ~ransported to event location? .~.~ r~, ~ ~ Me~hod of keeping food hot and/or cold at event site: Me~hod of cooking food at =he loca~ion: Food must be protected fro~ dus~, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of st~c~ure: Adequate facilities and supplies sba11 be p~ovided for employee handwash~nq. How will you pro,.ids tb, is? For Infor~Cion and Assistance Environ~eo~l 8ealth & Engineeciog. OepC- (813) ~-~ Address of event ~-0/ / Date(s) of event /~..~r~. '~d Hours of operation Sponsor of event Address of Sponsor Person in charge of food service ~G~: % ~o~ CA*c~'~& % ~_~ ~do U,~' Number of food and beverage booths /~ Estimated number of attenders expected at the event at one time?~-cgO-~WO Number of toilets to be Portable: Permanent: provide~+ Male (~) Male ( ) Method of toilet waste disposal: Female ( ~ ) Female ( ) Describe meUhod of liquid kitchen waste disposal: ODescribe~containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of hand washir~: Describe f~cilit~s and ma~hod of~utengil w~mhigg, rinsing and sanitizing. ~ Source of potable water: For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. P~. // SAM PINO AMUSEMENT CO., iNC. CONTRACT and AGREEMENT part and Sam Pine, DBA, Sam Pine Amusements, zVlalden, Massachusetts of the second part. The varrv of the first part agrees to secure the grounds, for the purpose of running a Fair/Festival/Carnival located at The parties of the first part and the second part agrees to the following terms and conditions: ~s~ .ck~t\ t4,~oe -t-~ ~O~s;'o~ e,'~+ ~o Z~ely l~-ao -%: te'fr Yac?t',q-;e5 Pleasant Street · Malden, MA 02148 SAM AMUSEMENT CO., iNC. NOTE: Any tampering w~th this contract voids contract and agreement entirely. In w,tness whereof the parties hereunto set their hands and seals this..~..~..~..day Signed and ~f~aled in the.~resence of: SIGNA,TUR .................. '!TLE .... ~¢T~. ("....~...-~). ~' ........................................... ~ Pleasa ireet · rv~i. den MA 02148 :~x/6~ '~ '~_~-0395 STATE OF FLORIDA DE.PARTME~T OF HEALTH OPERATING PERMIT OSTDS Commercial Sewage Waste permit Number: 11-QN-00027 Issued To: Naples Italian-American Club 7035 Airport Rd N Naples, FL 34102 county: Collier Issue Date: 05/11199 Permit Expires On: June 1, 2000 The facility shown above has been inspected by a duly authorized representative of the Department of Heallh, and was found in conformance with those rules promulgated by the department under the authority of Chapters 381,386, and 489 Part III, Florida Statutes, and set forth in Rule Co4E-6, Florida Administrative Code. ,,,,[ This permit grants authority to operate the above referenced facility, service, or system in conformance with department rules and the conditions of operation shown below. This permit is revokable, upon service of notice, when it is determined by the department that the operational conditions and department standards are not being maintained. 2sOO N. ~ ~ ~ FL ~104 ~41) 40:1-2499 DIRECTOR OF ENVIRONMENTAL HEALTH .... ,, ...... . ...... ,, ' ,.,,'., ,',y.,' - ,,,,.;,.. .,w * ',:,,',.;.?, ,,; .;, ~ ' '.~,, ,.;,,.,,', ' '; '..', , ,,? - ,v,,..,, ,..,,.~ - ,.,. ..... :,,, - , ...... (Non-Tran$lerabte~ DO NOT DETATCH HERE I'lh ~CtT RFDARATI: I=RI3M C3PI=I~ATIN~ PFRMIT ..,~ ....... ~-'~[ .......~',...,,. ~"~ .......,.~,.,.... ~'~ .,.,,?~',,.,~,? ~-~ .,...~.~.,...;,. p_-~ ,,,;,,,..;~,~..,T.-~_-~ .,;,i,;,,,,~,.,,.,. ~_-~,,,T,,,,,,~,,.,y.,, ~_-~ .... ~.,.,.,,,.. ~-~ ...,,.,,~u,,.,,,,. ~m~ ....... a,...... ~_-~ .......u...,..... ~_~ .... ~'~'"'!'"1 ~o ~ STATE O~'FLoRIDA ....... r~.~ r, ~' 'r-, q 1 ~ DEPARTMENT OF HEALTH AL'IH[ 'CONDITIONS OF OPE TION For: OSTDS Commerdal ~wage Waste P~mR ~umb~r: ~ ~-ON-0002~ ~ i~su~ re: Naples Italian-American Club Pemit Expima On: Juno ~, 2000 ~ ~e o~ra~n~ pemit for ~e f~li~ shem a~ve has b~n i$su~ ~ ~e ~llowin~ ~difiona of o~rafion: DISP~Y OPE~TING PERMIT AND CONDITIONS OF OPE~TION IN A CONSPICUOUS P~C ~;~, .... ~,_ a ~13 ~ (N~Tm~femb~) ~ COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS PAGE AMENDED DECLARATIONS NO. 1 EFFECTIVE 02/20/99 POLICY EFFECTIVE 02/20/99 NAMED INSURED CHRISTIAN CALVARY CHURCH ENDORSEMENT SCHEDULES POLICY NO. 1178-491 FORM CP12002/0398 SEXUAL MISCONDUCT LIABILITY COVERAGE FORM EFFECTIVE 02/20/99 S 10o,ooo S 30o,oo0 FORM PCG7513/0788 SCHEDULE EACH OCCURRENCE TOTAL DAMAGES AMENDATORY ENDORSEMENT - HIRED AND NON-OWNED BUSINESS AUTO COVERAGE EFFECTIVE 02/20/99 EXCESS LIABILITY AND MEDICAL PAYMENTS INSURANCE SCHEDULE LIABILITY: THE LIMIT OF LIABILITY FOR ANY ONE "ACCIDENT" IS THE EACH OCCURRENCE LIMIT SHOWN IN THE DECLARATIONS. MEDICAL PAYMENTS COVERAGE: THE LIMIT WE WILL PAY IN THE EVENT OF ANY ONE "ACCIDENT" IS $5,000. PER "INSURED". THIS LIMIT IS EXCESS OVER ANY OTHER COLLECTIBLE AUTO MEDICAL PAYMENTS INSURANCE. 06/26/99 ORIGINAL COPY PCG 75 O0 03 96 Issue Dale 01/03/99 This Certifies That , i_?~nSu,,~or's C.;rtifica_~? _o_,.. EX~ _m.?ti_0p_] Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 01/03/2004 2t-00-047608-55C This Certilicate is :~tl- Non-transferable. R. 1 Type of Organization EEL IGIOL)S INSTITUTIOP'-'~ MISSION POSSIBLE MINISTRIES 3580 BA¥SHORE DR NAPLES FL 34112 Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director Florida Department of Revenue DR-1 R. 12~. Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt, purchases.' · Your Consumer's Certificate of Exemption is to be used solely for your organizalion's CUStomary nonprofit activities. · Purchases by the exempt organization are only exempt when the Consumer's Certificate. of Exen'~ption is presen the vendor and the payment Is made directly by the Organization. .. · . · · Purchases made by an Individual on behall of the organlzatio0 are taxable, even if the individual is reimbursed by th( organization. Transaction{ by an exempt organization such as ssles or leases o[ tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register lot sales an, use tax certJfication, and collect and remit sales tax on those transactiohs. Nole: Churches are exempt from this requirement except wh3n they are the lessor of real property (Section 12A-1.070, Florida'Administrative Code). · Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE 'PERSONAE BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions or need assistance, please contact: Central Registration 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 850-487-4130 Pg.., Property Information Report CDPR1002 - Property Information Report ,IO NBR 00000738160005 BLOCK BLDG LOT UNIT 019 .000 USE CODE 73 PARENT PARCEL PHYSICAL STREET LOCATION 0000000000000000 14601 TAMIAMI TRL E, NAPLES AREA NORTH RANGE TWP SECT STRAP 26 51 12 512612 019.0006B1 CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 0 25 8.72 SHORT LEGAL 12 51 26 COMM AT SE CNR OF SEC 12FT, S TO N R/W OF US 41, N 54 DEG W 1672.10FT TO POB, N 54 DEG W 802.8FT, N XTRA LGL CNT OWNER N~uME HIRSHHORN, OLGA OWNER ADDRESS THOMAS G SCHESSLER 600 ADMIRALTY PARADE NAPLES, FLC004 341027803 PREVIOUS OWNER KRAMER TR, WILLIAM D FULL LEGAL DESCRIPTION 12 51 26 COMM AT SE CNR OF SEC 12FT, S TO N R/W OF US 41, N 54 DEG W i672.10FT TO POB, N 54 DEG W 802.8FT, N 2-2183 Collier County CD-Plus for Windows 95/98/NT Printed on 2/28/00 Page 1 of 1 EXECUTIVE SUM/ZARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES GATEWAY PHASE I", 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 "Naples Gateway Phase I", a subdivision of lands located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Gateway Phase I" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Gateway Phase I" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $101,947.88 (estimated' to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 37,242.00 - $~01,s47.s8 The Security amount, equal to 110% of the project cost, is $112,142.67 Executive Summary Naples Gateway Phase I 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: $2304.40 Fees are based on a construction estimate of $101,947.88 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 450.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 188.52 Drainage, Paving, Grading (.42% const, est.)- $ 275.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 565.58 Drainage, - $ 825.oo 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 "Naples Gateway Phase I" for recording with the following stipulations: Approve the amount of $112,142.67 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 Naples Gateway Phase I Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date RDbe~r e ,~AI CP Planning Services Department Director APPROVED / Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date jrh DESCRJPTION TRACTS 2g AND THE WEST 268 F'EE'T OF TRACT 4.4., UNIT NO. 35, GOLDEN GATE ESTATES, AS RECORDED IN PLAT BOOK 7, PAGE 85, I::~JBLIC RECORDS OF COLUER COUNTY. FLORIDA LESS THE R1GNT~-wAy OF' P1N[ RIOGE ,ra3M:) (150' ( Doe Rw_ h ~d EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LINKS AT THE STRAND", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Links at the Strand", a subdivision cf lands located in Section 18, Township 48 South, Range 26 East, Col-zer County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of 5he construcsion irawings, specificatmons, and final plat of "Links at the Strand". These documents are in compliance with the CounSy Land Development Code and Florida SSate Statute No. 177. Ail fees have .~een paid. Security in ~he amount of 10% cf the total cost of ~he ecuired improvements, and ~00% of the cost of any remaining k~_/imDrovements, together with a Conssruction and Mainsenance Agreement for Subdiviszcn improvements, sba!TM be provided and accepted by the Planning Servzces Director and the Ccunsy Attorneys office prior 5o 5he recording of the final plat. This would be in conformance with the Counsy Land Developmen5 Code - Division 3.2.9. Engineering Review Sec%ion recommends 5ban %he final plat of "Links an %he SSrand" be approved for recording. FISCAL IMPACT: The fiscal zmpac5 to zhe Counsy is as follows. The project cos5 is $220,764.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer Drainage, Paving, Grading - $ 98,852.00 - S121,912.00 Th6 Security amount, equal to 110% of the projecl cost, is $242,840.40 ExecuEive Summary Limks ~_ _ko S~ranl Page 2 Tko -3unnv will realize revenues as follows: Fund: Communzuy Development Fund I!3 Agency: County Manager Cost Cen~er: 138900 Development Services Revenue generated by ~his project: ToEal: $4,575.93 Fees are based on a construction estimate of S220,76%.00 and were paid in December, 1999. The breakdown is as follows: a)' Plat Review Fee ($425.00 + $4./ac - $ 477.00 b) c~ ConsSruction Drawing Review Fee WaEer & Sewer {.50% ccnst, est.) 2ralna~e, .~ramixo { 42% consE. P~ving, ~ - _ . es~. ConstrucEiox ixspecnion Fee Water & Sewer ~!.5% const, est.) Drainage, $ 494.26 $ 512.03 - S!482.78 - $1584.86 O Paving, Grading ,~1.3% consS, esS.) GROW~PH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating ~o condi%ional approval has been reviewed and approved by the County Attorney's Office for 5he projec5. RECOMMEb-DATION: Than 5he Board .of County Comm:ss:oners approve ihe Final Plat c.f "Links a~ the S~rand" for recording w~lh ~he foiiew~ng s5ipulations: Approve the amount of $242,840.40 as performance security for ~he required improvements. 2. Approve ~he standard form Construction Agreement, and and Maintenance a. ?ha5 no ,Certificates of 3. ccupancy be gran%ed until 5he recuired improvements have received preliminary acceptance. b. That Uhe plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreemen~ ~ s approved and accepued by the Planning Services Director and ~.m.e County Attorney's office. ~xecu~.~ve Summary itxks A~ ihe Strand 2~se ~ PREPARED BY: John-R. N©uid~©~h, Se~n'_©r Engineer Er. oineer~ns Review REVIEWED BY: Thomas r Kuck, P ~ =nczneerzn~ Review Manager Daue Robert 'M¥ihere, AICP P!anninc= Services DeDar~e,.~ .... Director APPROVED BY: ._.~n~ Cau~ero, AICP, AdminisEra~or 2ommuniuy Development & Environmental Services Daue Dame Ve~LJ. OUGHB'I VICINITY MAP I~T TO SC,ALE. .... .. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES WALK UNIT TWO" OBJECTIVE: TO approve for recording the final plat of Naples Walk Unit Two, a subdivision of lands located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Naples Walk Unit Two". 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 "Naples Walk Unit Two" 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. Executive Summary Naples Walk Unit Two Page 2 RECOS~MENDATION: That the Board of County Commissioners approve the Final Plat of "Naples Waik Unit Two" with the following stipulations: 1. Authorize the recording of the Final Plat of "Naples Walk Unit Two." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Robert ~ul~e~re, AICP Planning Services Department Director APPROVED'BY: Vincent ~ Cautero, AICP Admznzstrator Community Dev. and Environmental Svcs. Date Date GULF OF MEXICO L OCA T/ON MA P Z LEE ~'n'' _~.UN T :' ,TOWNSHIP WIGGINS TO~SHIP 48 49 5 I 4 _,DLLiER ;S;_,NT~ 14 1,.5 24 7 18 <z~. 19 3O 36 vANDERBI 31 TRD.C EXECUTIVE SIIMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 104" OBJECTIVE: To approve for recording the final plat of Mediterra Parcel 104, a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Mediterra Parcel 104" 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 c "Mediterra Parcel 104" be approved for recording. FISCAL IMPACT: final plat cf The County will realize revenues as follows: Fund: C~mmunity 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. Executive Summary Mediterra Parcel 104 Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 104" with the following stipulations: 1. Authorize the recording of the Final Plat of "Mediterra Parcel 104." PREPARED BY: ~ohn R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY : Thomas E. Kuck,. P.E. Engineering Review Manager Date Date RobertY Mulhei~e, AICP Planning Services Department Director APPROVEQ BY: Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Date Date MEDITERRA PARCEL PART 0 ~ 25 EAST SF-CTION Ok COLLIER TOWNS, COUNTS' EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER FACILITIES FOR CONTESSA CONDOMINIUM OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of'the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Contessa Condominiium, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 16, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects zn materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $2,575.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Executive Summary Contessa Condominium Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Contessa Condominium, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARE© BY: ? Shirley Nix, Engineering Technician II Engineering Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date Rob'er .t/Mulhere, AICP Planning Services Department Director APPROVED BY: VincentvA. Cautero, AiCP,-Xdministrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date PUD C, ULF ~ UEX)CD Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number 97752 i Date Post Date i 10/0211998 3:06:08 PM 10/02/1998 I Payment Slip Nbr I MS 43182 CONTESSA CONDOMINIUM New or Exist: N Payor' CONTESSA CONDO ASSOC INC Fee Information Fee Code i Description t GL Account I Amount i Waived 12BOND i DEPOSITS-COMM DEV (CASH BOND)67000000022011300000 $2575.00 i, Payments Total L $2575.001 !Payment Code Account/Check Number Amount !CHECK i3809 $2575.00 Memo: Check #3809 Total Cash L $0.00 Total Non-Cash ~ $2575.00 Total Paid $2575.00 Cashier/location: TERILLA_J / 1 User: KENDALL_M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:lO/12/1998 9:37:14 AM EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY AARON GODWIN AND AMANDA S. GODWIN, AT 3240 21sx STREET, S. W., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 50% Waiver/50% Deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Aaron Godwin and Amanda S. Godwin, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Aaron Godwin and Amanda S. Godwin have submitted an application for a 50% waiver/50% deferral of impact fees for one house to be built by Aaron Godwin and Amanda S. Godwin at 3240 21st Street, S. W., Golden Gate Estates, in Collier County, as a low income, first time home buyer and qualify for an impact fee waiver/deferral under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $69,400.00. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $4,290.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f') Correctional Facilities Impact Fee 117.98 Total Impact Fees to be Waived/Deferred $4,290.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. 2000 PC. I Executive Summary Godwin Impact Fee Waiver/Deferral Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver/deferral of impact fees for a home to be built at 3240 21st Street, S. W., Golden Gate Estates, Collier County, by Aaron Godwin and Amanda S. Godwin, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: ~nne Dalbey, Planner II / Housing and Urban Improvement Date Reviewed ,/~~~ .~ic,X~.Dfector '~ (.~~ Housing and Urban Improvement Date Appr,,°ve~}a//Y: v AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES j d/c/impact fee/godwin Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance 92-22, as amended; Section 3.05 of the Emergency Medical Services System ImpaC Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities Sy~ I RESOLUTION NO. 2000- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, 4 COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% 5 DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, 6 LIBRARY SYSTEM 1MPACT FEES, PARKS AND RECREATIONAL 7 FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY 8 MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL 9 FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE 10 CONSTRUCTED BY AARON GODWIN AND AMANDA S. GODWIN, 11 AT 3240 21st STREET, S. W., GOLDEN GATE ESTATES, IN COLLIER 12 COUNTY, FLORIDA. 13 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and 14 affordable housing for moderate, low, and very-low income households in the County and the need for 15 creative and innovative programs to assist in the provision of such housing by including several 16 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 17 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 18 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 19 Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 21 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 22 Administrative Code; and 23 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is~ 24 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of 25 Collier County impact fees; and 26 WHEREAS, Aaron Godwin and Amanda S. Godwin are seeking a 50% waiver/50% deferral 27 of impact fees; and 28 WItEREAS, Aaron Godwin and Amanda S. Godwin will construct a three bedroom unit (the 29 "Dwelling Unit") at 3240 21s' Street, S.W., Golden Gate Estates, Collier County, Florida; which is 30 proposed to sell for SIXTY NINE THOUSAND FOUR HUNDRED DOLLARS ($69,400.00), and 31 WHEREAS, the Dwelling Unit will be owned by a low income household, and 32 VOtEREAS, Aaron Godwin and Amanda S. Godwin submitted to the office of the Housing 33 and Urban Improvement Department an Affordable Housing Application dated February 14, 1999 for 34 a 50% waiver/50% deferral of impact fees for the construction of a house at 3240 21st Street, S. W., in 35 Golden Gate Estates, Collier County, Florida, a copy of said application is on file in the Housing and 36 Urban Improvement Department; and 37 WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee 38 Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, 39 Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee 40 41 42 AG,: hL.~A iTEM tern Impact Fee 1 2000 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 33 34 35 36 Ordinance, Ordinance No. 92-33; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and WHEREAS, Aaron Godwin and Amanda S. Godwin have qualified for an impact fee waiver/deferral based upon the following representations made by Aaron Godwin and Amanda S. Godwin: The Dwelling Unit shall be owned by a first-time home buyer. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Aaron Godwin and Amanda S. Godwin for one (1) house which shall be constructed at 3240 21st Street, S. W., Golden Gate Estates, in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Department Director of an agreement for 50% waiver/50% deferral of impact fees signed by Aaron Godwin and Amanda S. Godwin, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 3240 21st Street, S. W., Golden Gate Estates, in Collier County, Florida by Aaron Godwin and Amanda S. Godwin: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fees: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Correctional Facilities Impact Fee 117.98 Total Impact Fees $ 4,290.34 2000 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. Based on sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from Sun Coast Schools Federal Credit Union in the mount of $80,000.00 is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN j d/c/reso/godwin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 EXHIBIT "A" LEGAL DESCRIPTION AARON GODWIN AND AMANDA S. GODWIN RESIDENCE THE SOUTH 75' OF THE SOUTH 150' OF TRACT 66, UNIT 195, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2000 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS A_ND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY AARON GODWIN AND AMANDA S. GODWIN, AT 3240 21st STREET, S. W., GOLDEN GATE ESTATES, IN COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and VqHEREAS, Aaron Godwin and Amanda S. Godwin are seeking a 50% waiver/50% deferral of impact fees; and WHEREAS, Aaron Godwin and Amanda S. Godwin will construct a three bedroom unit (the "Dwelling Unit") at 3240 21st Street, S.W., Golden Gate Estates, Collier County, Florida; which is proposed to sell for SIXTY NINE THOUSAND FOUR HUNDRED DOLLARS ($69,400.00), and WI-IEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Aaron Godwin and Amanda S. Godwin submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated February 14, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house at 3240 21st Street, S. W., in Golden Gate Estates, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WIIEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinanc~e' 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Oi'~nance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities ~System ~ ~:~'" Ordinance, Ordinance No. 92-33; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and WHEREAS, Aaron Godwin and Amanda S. Godwin have qualified for an impact fee waiver/deferral based upon the following representations made by Aaron Godwin and Amanda S. Godwin: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes thc County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Aaron Godwin and Amanda S. Godwin for one (1) house which shall be constructed at 3240 21st Street, S. W., Golden Gate Estates, in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Department Director of an agreement for 50% waiver/50% deferral of impact fees signed by Aaron Godwin and Amanda S. Godwin, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 3240 21st Street, S. W., Golden Gate Estates, in Collier County, Florida by Aaron Godwin and Amanda S. Godwin: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fees: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Correctional Facilities Impact Fee 117.98 Total Impact Fees $ 4,290.34 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. Based on sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from Sun Coast Schools Federal Credit Union in the amount of $80,000.00 is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: Heidi~l~. X~sht~n ' Assistant County Attorney jd/cJreso/godwin EXHIBIT "A" LEGAL DESCRIPTION AARON GODWIN AND AMANDA S. GODWIN RESIDENCE THE SOUTH 75' OF THE SOUTH 150' OF TRACT 66, UNIT 195, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. i AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees en;ered into this ~ day of , 2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Aaron Godwin and Amanda S. Godwin, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 2000- WHEREAS, the Impact Agreement with the COUNTY. Fee __ at its regular meeting of ,2000; and Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing fi-om the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the 50% waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occu~.~..ncy, or 3 upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and . assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling 4 Unit commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: Print Name ~'~_~.~,,~: CO~TY OF O R:, ,, ) ) The foregoing instrument was acknowledged before me this ~'/7/ day of ~._/~o'~q. , 2000, by Aaron Godwin. He is personally known to me er ~reducc~ ~.~qdentificatien) ~ _ide~. 5 1;2 Witnesses: OWNER: , f~ ~ Print Name~'~.,~ .c,-~,e: ~'__~;.~2;,-~ "~'ffanhnda ~. g~wi~ ~fint Name STATE OF ~~ ) CO~TY OF ~~ ) The foregoing instrument was ac~owledged before me t~s ~ day of 2000, by ~da S. Godwin. She is personally ~own to me ~r produced ~ {~ ~ JO~NE DALBEY DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency ~idi-F. A~h~on Assistant County Attorney jd/c/agreements/godwin EXHIBIT 'A' LEGAL DISCRIPTION AARON GODWIN AND AMANDA S. GODWIN EXHIBIT 'A' LEGAL DISCRIPTION AARON GODWIN AND AMANDA S. GODWIN THE SOUTH 75' OF THE SOUTH 150' OF TRACT 66, UNIT 195, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 I EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 103", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE ~ECURITY OBJECTIVE: TO approve for recording the final plat of "Mediterra Parcel 103", a subdivision of lands located in Section 12, 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 "Mediterra Parcel 103" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 103" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $403,854.09 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $102,366.34 - $301,487.75 The Security amount, equal to 110% of the project cost, is $444,239.50 No. MAR 1 2000 Executive Summary Mediterra Parcel 103 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: $7418.50 Fees are based on a construction estimate of $403,854.09 and were paid in February, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 501.00 b) c) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 511.83 Drainage, Paving, Grading (.42% const, est.)- $1189.23 Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, - $1535.50 - $3680.95 Paving, Grading (1.3% const, est.) 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. RECOM~4ENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 103" for recording with the following stipulations: Approve the amount of $444,239.50 as performance security for the required improvements. o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. MAR 1 4= ~000 Executive Summary Mediterra Parcel 103 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Ro~ICP Planning Services Department Director APPROVED BY: ~~ro, AI CP, A~~t rator Community Development & Environmental Services Date Date j rh MAR 1 A 2000 -~IER COUNTY, JANUARY 2000 FLORIDA LEE CO. ~" COLLIER CO IMMOKALEE ROAD VICINITY MAP SCALE: 1" = 1 MILE MAR 1 4:20013 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 105", 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 "Mediterra Parcel 105", a subdivision of lands located in Section 12, 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 "Mediterra Parcel 105" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 105" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $276,109.25 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 63,758.50 - $212,350.75 The Security amount, equal to 110% of the project cost, is $303,720.18 MAR 1 2000 Executive Summary Mediterra Parcel 105 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: $5361.72 Fees are based on a construction estimate of $276,109.25 and were paid in February, 2000. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)- $ 457.00 b c Paving, Grading (1.3% const, est.) GROWTH MANAGEME~ IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 277.92 Drainage, Paving, Grading (.42% const, est.)- $ 926.21 Construction Inspection Fee Water & Sewer (1.5% const, est.) $ 833.75 Drainage, $2866.84 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 "Mediterra Parcel 105" for recording with the following stipulations: Approve the amount of $303,720.18 as performance security for the required improvements. o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted .by the Planning Services Director and the County Attorney's office. MAR 1 2000 Executive Summary Mediterra Parcel 105 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Rober~ Mulher~, AICP Planning Services Department Director APPROVED BY: Date /~/ ~ nlstrator Vince~ICP, Admi ' Community Development & Environmental Services Date j rh AGEN I .o. MAR 1 A '~000 LIER COUNTY, FLORIDA JANUARY 2000 LEE CO. COLLIER CO IMMOKALEE ROAD VICINITY MAP SCALE: 1" = 1 MILE EXECUTIVE SL~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 108", 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 "Mediterra Parcel 108", a subdivision of lands located in Section 11, 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 "Mediterra Parcel 108" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 108" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $377,316.00 (estimated} to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $116,434.00 - $260,882.00 The Security amount, equal to 110% of the project cost, is $415,047.60 MAR 1 A 2000 Executive Summary Mediterra Parcel 108 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: $7280.88 Fees are based on a construction estimate of $377,316.00 and were paid in February, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 512.36 b) c) Paving, Grading (1.3% const, est.) GROWTH F~%/~AGEM~T IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 497.65 Drainage, Paving, Grading (.42% const, est.)- $1166.70 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1492.96 Drainage, - $3611.21 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 "Mediterra Parcel 108" for recording with the following stipulations: Approve the amount of 415,047.60 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. MAR 1 A 2000 Executive Summary Mediterra Parcel 108 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date R6be~t Mulhere, AICP Planning Services Department Director APPROVED BY: Vin nt A AICP, Administrator ~ . . Cautero, Community Development & Environmental Services Date Date j rh MAR 1 4 ZOO0 LIER COUNTY, FLORIDA JANUARY 20OO IMMOKALEE ROAD ~ co. COLLIER ,,,,, z VICINITY MAP SCALE: 1" = I MILE MAR 1 A 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ESCADA AT TIBURON", 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 "Escada at Tiburon", a subdivision of lands located in Section 36, 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 "Escada at Tiburon" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Escada at Tiburon" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $472,580.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $252,340.00 - $220,240.00 The Security amount, equal to 110% of the project cost, is $519,838.00 MAR 1 .,. / Executive Summary Escada at Tiburon Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue ~enerated by this project: Total: $10,035.00 Fees are based on a construction estimate of $472,580.00 and were paid in January and February, 2000. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)-$1,200.00 b c Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1,262.00 Drainage, Paving, Grading (.42% const, est.)-$ 936.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3,790.50 Drainage, Pavin~, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: $2,846.5o The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOM/~ENDATION: That the Board of County Commissioners approve the Final Plat of "Escada at Tiburon" for recording with the following stipulations: Approve the amount of $519,838.00 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. MAR 1 d: 2000 Executive Summary Escada at Tiburon Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Ro AIcP Planning Services Department Director APPROVED BY: Vinc~'nt A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date j rh MAR 1 ~ 2,000 '!I SECTION ESCADA A SUEIDIVi~ 36, TOWNSHIP 48 SOUTH, MAR 1 4 2000 PROJECT LOCATION EXECUTIVE SUMMARY AWARD BID #99-3019 - "SEVEN (7) CHEMICAL METERING PUMPS" OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid #99-3019 - "Seven (7) Chemical Metering Pumps". CONSIDERATION: Seven (7) chemical metering pumps are required at the NCRWTF to pump bleach for odor control and sodium hydroxide for odor control and finished water. The current pumps are seven (7) years old and require replacement due to the corrosive nature of the chemicals. 2. Bid #99-3019 was pc}sted on November 29, 1999. Sixty-four (64) inquiries were sent to vendors. Six (6) packages were received. 3. Four bidders did not bid to specification. The fifth bidder supplied the pump bid for a trial and the pump will not fit in the allocated spacing. 4. The sixth bidder met all specifications. Staff therefore recommends the award of Bid #99-3019 to AMJ Equipment Corp. GROWTH MANAGEMENT IMPACT: There is no growth management impact. FISCAL IMPACT: The fiscal impact of awarding this bid is $40,426.00. Funds are budgeted and approved in the Water Operations Maintenance budget. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, award Bid #99-3019 to AMJ Equipment Corp. SUBMITTED BY: ~ ~ Date: ¢:~- ~'' 00 J~_~oster, Water Maintenance Supervisor Pal1 Mattat~sch, WatEr Director Date: St~p~er~ Y.~ C'al~eil, ~urcl~in~/GS Director ~~rd N. ~ Interim Public Works~mi~trator MAR ~ ~DDO ! Bid #99-3019 -" Seven (7) Chemical Metering Pumps" Reasons for Rejection of Bids 1. Atlantic Environmental Systems - does not supply remote operation 2. R.C. Beach & Associates - did not quote stroke control on odor control pump 3. Coastal Pump - did not quote AC motor required for stroke control on odor control pump 4. Industrial Engineering - did not provide specifications with bid or pump manufacturer on proposal 5. Hudson Pump - pump did not fit in allocated spacing I AR 1 2000 PG. ~ ~o. HAR 1 z~ 2000 PG. HAR 1 ,~ 20OO p~;... 4 -' ~:::;7::277 2;:, - :;: :2::.2:2::2~'. =================================================================== ~.~-~. HAR 1 ~ 2000 P~o "7 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PURCHASE EQUIPMENT IN THE TRANSPORTATION SERVICES DEPARTMENT. OBJECTIVE: To gain Board approval of a budget amendment for the purchase of equipment in the Transportation Services Department. CONSIDERATIONS: On May 25, 1999, the Board approved agenda item 16(B)(8) appropriating lawsuit settlement proceeds in the Road and Bridge Operating Fund. A portion of the funds were used to purchase replacement furniture and other needed equipment. The remaining funds were placed in Reserves for Contingency of the fund. On November 9, 1999, the Board approved agenda item 8(E)(1) which provided for a Transportation Engineer in the Transportation Services Department and one position to be transferred to same from the Public Works Engineering Department. This has created the need for one additional vehicle, equipment, and furniture. Further, the Road and Bridge Sectiofi needs to convert six hard-wired 2-way radios to a charger- type radio so the Area Supervisors can use hand-held radios like mobile phones. The six radios will be placed in vehicles that do not currently have radios. This will provide better field communication with all vehicles. Staff has also researched the feasibility of purchasing ice making machines vs. continuing to buy bagged ice, and found that it would be more cost- effective to purchase the machines. ITEM AMOUNT NOTES Chevrolet Blazer 24,100 As specified in Paragraph 2 above 2-Way Radio 2,000 Communications equipment for above vehicle Computers 4,000 1 graphics capable replacement; 1 new Furniture 33,500 For move to new office space which will include Traffic Operations field staff, Transportation Engineer, employee transferred from PWED, filing system for existing road plans and plans turned over by PWED, and replacement o f failing~broken furniture Telephones 4,900 Phones for new office space as current phones cannot be used at off- site location Plotter t 0,000 For printing of project plans from graphics computer listed above Ice Machines 6,100 $2,031.93 x 3; $6,700 spent on bagged ice in FY1998-99 Radio Conversion 4,000 As specified in Paragraph 3 above Chipper 16,000 Existing chipper is failing and poses a safety concern for staff FISCAL IMPACT: The total amount requested for purchase of the equipment outlined above is $104,600. Funds are available in Road and Bridge Fund (101) Reserves. .o. Jc. 2 HAR 1 2000 PG., I Executive Summary Budget Amendment Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: necessary equipment as outlined above. That the Board approve a budget amendment for the purchase of ransportation Services Director i~Administrator SUBMITTED BY: Mar~q ~taJ4hr~" REVIEWED B Y: d("~.~"~ ' '( Edwa.r.d~ J. Kant, p/ A PPROVEDBY: ,,~r~.~.~ Finl~ DATE: 2/22/2000 DATE: ~ DATE: 4~/~~'~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN INTERLOCAL RECYCLING AGREEMENT WITH THE CITY OF MARCO ISLAND AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT. OBJECTIVE: To have the Board of County Commissioners approve and sign the Interlocal Recycling Agreement with the City of Marco Island as part of the Florida Department of Environmental Protection's requirements for the acceptance of the Recycling and Education Grant Application. CONSIDERATION: FDEP Rule 62-76.400 rule #6 of the Specific Recycling and Education Grant Application and Matching Requirements states that all counties receiving Recycling and Education Grant funds must enter into an Interlocal Agreement with all municipalities in their county. These funds are available on a non-matching basis if joint applications are submitted. In order for the Solid Waste Department to be in compliance with the above-mentioned Rule, we are obligated to have an Interlocal Recycling Agreement with the City of Marco Island. Currently the County has interlocal agreements with the City of Naples and Everglades City. Rule 62-716-410 (lf) Recycling and Education Grant Eligibility Requirements state that all applications shall include copies of all Interlocal Agreements as part of the application process. FISCAL IMPACT: N/A GROWTH MANAGEMENT 1MPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve an Interlocal Recycling Agreement with the City of Marco Island and authorize the Chairman to sign the agreement SUBMITTED BY: ~;;~ B} ~ a~yer~ R~cy~li~g~rdinator Date: it~a~ Managem~n~ Department t~,dCva~d'N. Finn, Interim/Public Works Administrator ~3/ COLLIER COUNTY - CITY OF MARCO ISLAND INTERLOCAL RECYCLING PLAN AGREEMENT THIS INTERLOCAL RECYCLING PLAN AGREEMENT ("Agreement"), made and entered into this __ day of .... 2000, by and between Collier County, a political subdivision of the State of Ftorida, hereinafter referred to as "COUNTY' and the City. of Marco Island. a municipal corporation, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, Section 403.706, Florida Statutes, provides that each count- shall initiate a recyclable mater/als recycling program by July 1, 1989, and that counties and murficipalities are encouraged to form cooperative arrangements for implementing recycling programs: and WHEREAS, said Statute further provides that each county, shall ensure, to the maximum extent possible, that municipalities within its boundaries participate in the preparation and implementation of recycling and solid waste management programs through intertocal agreements pursuant to Secuon 163.01, Florida Statutes, or other mean3 provided by law; and ~,TqEREAS. Section -,03.7095. Florida Statutes, provides for '~e Florida Depm'xment of Environmental Regulation {DER) to develop a grant program to enable counties and municipalities to operate solid waste management recycling and education programs. encouraging counties and municipalities to form interlocal agreements to implement solid waste recycling and education programs, and provides the basis of funding and availability of grants to counties and municipalities therefor. NOW, THEREFORE. in consideration of the premises, covenants and mutual benefits to be derived from this Agreement, the parties hereto agree as follows: 1. The COUNTY and the CITY shall either individually or jointly prepare a program plan for education of its citizens about the desirability., importance, goals and requirements for a solid waste recycling program. 2. The COUNTY and the CITY shall either individually or jointly prepare a solid waste recycling program plan embracing the needs and interests of their respective jurisdiction(s) in an integrated, comprehensive manner, ifa common plan is adopted, or through individual plans that are complementm3' and non-conflicting in their execution. #0 MAR 1 PG. 3. Said common plan or individual plans shall be completed and approved by the respective parties thereto and ready for implementation on or before 4. The COUrNTY shall be responsible to submit the common or individual solid waste recycling program plan(s) as part of a joint grant application to DER for State of Florida Solid Waste Management Grant Funds. 5. The parties hereto acknowledge that any such award of recycling program and education program gram funds as a result of the joint application for said funds addressed herein shall require distribution of those funds as provided in Section 403.7095, Florida Statutes, ancVor other Florida laws. 6. Statmo~' and DER adminirtrative reporting requirements relative to the use of and benefits from any grant funds received pursuant to the application for same afrlressed herein shall be the responsibili~.' of the CITY to the COUNTY and of the COUN2~' to the State of Florida. 7. 'I~he parties understand and agree that time is of the essence as to their respective obligations under tiffs Agreement. and each party shall endeavor to commtmicare, inform and work ~Sth the other part5.' to achieve the results and goals described herein. 8. This Agreemem constitutes the entire Agreement between the parties hereto and supersedes any prior representations or understandings concerning any of the conditions or terms of th/s Agreement. This Agreement shall be effective as of the date of ratification of both parties hereto. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk By: BOAi~d3 OF COUN-FY CO?v~flSSiONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By:. ATTEST: LAURA LITZAN, City Clerk 0 TIMOTHY J. ,Chairman CONSTANTINE CITY COUNCIL A. WILLIAM MOSS, City Manager MAR ! 4 2009 Approved as to form and Da~-~lgel?''~ County. Attorney Approved as to form and legal sufficiency: Kenneth B. Cuyler City Attorney h:RobtYAgreements'99/Marco Recycling A~. EXECUTIVE SUMMARY AWARD BID NO. 00-3043 FOR THE PURCHASE AND DELIVERY OF ORGANIC AND INORGANIC MULCH. OBJECTIVE: To gain Board approval for the award of Bid No. 00-3043 for the purchase and delivery of organic and inorganic mulch. CONSIDERATIONS: Organic and inorganic mulch is required County-wide as a landscaping material. Landscape Operations, Parks and Recreation, Facilities Management, and Stormwater Management, among others, will utilize this contract. 2. Bid #00-3043 was posted on February 17, 2000. Sixty-eight (68) inquiries were sent to vendors. One (1) bid was received. Staff has reviewed the bid and recommends award of Bid No. 00-3043 to Forestry Resources Landscape Supply, Inc. as the lowest, qualified responsive bidder. A copy of the bid tabulation is attached. FISCAL IMPACT: Landscape materials stipulated in the bid will be used by several County departments. Each user department has budgeted funds for the purchase and delivery of these landscape materials according to their needs. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board award Bid No. 00-3043 for the purchase and delivery of organic and inorganic mulch to Forestry Resources Landscape Supply, Inc. Val Prin~, E~ineer II,~an~/a~rations Edward J. Kant, P.E;T'r)(j~port'"ation Services Director ' Stephe~~~~~General Se~lces Director APPROVED BY: Flnn~nte~m Public Works Administrator DATE: DATE:7-2~ ~ DATE: '~' t~0" C:~ ''~ PIAR I 2000 PG. ..u ;5 HAR 1 ~ 2000 PI; o~ EXECUTIVE SUMMARY AWARD BID #00-3036 FOR READY MIX CONCRETE. OBJECTIVE: To obtain Board approval to award Bid//00-3036 for Ready Mix Concrete. CONSIDERATIONS: Ready Mix Concrete is necessary for the maintenance of sidewalks and bridges in various areas of the County by the Road and Bridge Section, and for various repairs by other departments in the County. 2. Bid #00-3036 was posted on January 19, 2000. Forty-three (43) inquiries were sent to vendors. Three (3) bid packages were received. o A copy of the bid tabulation is attached. None of the vendors submitted a total cost package. Staff, therefore, recommends that the bids submitted by Schwab Ready Mix, The Home Depot, and Krehling Industries be awarded to the low bidder on an item-by-item basis. FISCAL IMPACT: Ready Mix Concrete and related items will be used by several departments. Each user department has budgeted funds for the purchase and delivery of these products according to their needs. Estimated annual purchases total $22,000. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3036 for Ready Mix Concrete to Schwab Ready Mix, The Home Depot, and Krehling Industries on an item-by-item basis. SUBMITTED BY: ,.ifa,w,/'~oetq/t,t~ Larry Henry, Road and Bridge Superintendent REVIEWED BY: ~~ St~___. Services Director REVIEWED BY: ~a~~~ s DirectorEd APPROVED BY: ~:::::'~ ~ ~ 18.~. Finn,~erifh'~ublic4~q'~orks Administrator Attachment: Bid Tabulation DATE: 2/28/00 DATE: DATE:--~... 5~'6- -- DA IdAR 1 2000 PG. i MAR '142000 Bid No. 00-3036 - "Ready Mix Concrete" DESCRIPTION Prices Net Delivered Per Cubic Yard 3000 PSI Pump R&ady Mix 3000 PSI Pump Mix (Pea Gravel) 3000 PSI Regular Ready. Mix 3500 PSI Ready Mix 4000 PSI Ready Mix 400 to 500 PSI Flowable Fill Other Related Material Super Masonary Cement #3 Rebar 3~8" x 20' #4 Rebar 1/2" x 20' #5 Rebar 5/8" x 20' Concrete Block 8 x 8 x 16 Regular Concrete ¼ Block 8 x 8 x 8 Concrete Brick 2 5/8" x 2 5/8" x 7 3/4" Red Mortar Stucco Mix 40 lb. Bag 40 lb. Bag of Concrete Mix 80 lb. Bag of Concrete Mix Mason Sand Wire Mesh 6 x 6 -- 5' x 50' Roll Silica Sand 100 lb. Bags Hydraulic Cement 94 lb. Portland Bag/Portland Type I TOTAL BASE BID UNIT PRICE Page 11 CY CY CY CY CY CY per bag each each each each each each per 40 lb. bag per 40 lb. bag per 80 lb. bag per ton per roll per 100 lb. bag per 50 lb. pail per 94 lb. bag Environmental Fee Minimum Load Charge per for CY or NAR 1 ~ 2000 EXECUTIVE SUMMARY APPROVE THIRD RENEWAL OF KISINGER, CAMPO & ASSOCIATES CORP. ON BID #95-2430. OBJECTIVE: To obtain Board approval for the third renewal of Kisinger, Campo & Associates Corp.'s Contract for Engineering Services-Bridge and Structure Repairs, Bid #95- 2430. CONSIDERATION: The Board of County Commissioners awarded the above referenced contract on May 28, 1998 (Agenda Item 16(B)5). The Contract is effective for a two (2) year period with an option to renew for an additional one (1) year period for three (3) consecutive years. The renewal option is subject to approval by the Board of County Commissioners. The vendor, Kisinger, Campo & Associates Corp. has agreed to the third one (1) year renewal option (see Attachment 1). During the past four (4) years, Kisinger, Campo & Associates Corp. has been very responsive to the County's needs. FISCAL IMPACT: Funds are budgeted in Road Construction Gas Tax Fund (313) in the amount of $300,000 for FY 00. Funds are assigned and encumbered on an as-needed basis throughout the year. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the third renewal for a one (1) year perio~ of Contra/#95-2430 with Kisinger Campo & Associates Corp. for~ng%//½~,~.~ .~ J,!~/q~~~ Services, Bri ure Repairs. SUBMITTED BY: /_-¢/?Z '~ "' *' ~c'~/' ' ~/ Date: Edward J. Kant, PJ~portation Services Director REVIEWED BY: .~~--~ ~I'{~'~'~'~ Date: Ste _~Y.~II~ ~~al Services Director~~ e~~ ~/~~'/ ^PP OV D _ _ ~.,~t~N. F~nn, I~t :rimlSublic Works AdministratOr ,,,'~ ,,,// HAR 1 ~ 2000 PG. I EXECUTIVE SUMMARY CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION FOR IMMOKALEE ROAD IMPROVEMENTS FROM 1-75 TO C.R. 951. ~I~7.IlY~: Convey a Conservation Easement to South Florida Water Management District ("District") to provide for off-site mitigation for Immokalee Road Improvements from 1-75 to C.R. 951 (Project No. 69101). CONSIDERATION: On May 21, 1991, Resolution No. 91-385 was approved by the Board of County Commissioners ("County") establishing an Environmental Road Mitigation Program. The program was instituted to minimize and offset adverse environmental impacts from Collier County's arterial and collector road system by providing the establishment of a long term environmental mitigation program designed to preserve, create and enhance Collier County's unique natural wetland resources. The construction of Immokalee Road Four Laning is subject to the regulatory jurisdiction of the District. District Permit No. 11-01737-P requires the County to preserve and/or mitigate wetlands under the District's jurisdiction. As a result, the County is the fee owner of certain lands ("Property") situated in Collier County, Florida that have been designated as a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems. The County is willing to convey to the District a Conservation Easement on said Property and the District is in agreement to accept the Conservation Easement. The Conservation Easement shall run with the Property. The County, as fee owner, shall assume the operation, upkeep and maintenance of the Properiy. The attached Resolution states the Board of County Commissioners has determined it is in the best interest of the public tc~ convey the Conservation Easement to the District. The Public Works Engineering Department and the County Attorney's Office have reviewed and approved the Conservation Easement. FISCAL IMPACT: Staff estimates that the total cost of recording the Conservation Easement, will not exceed $25.00. In addition, $12,000. will be expended on an annual basis for the operation, upkeep and maintenance of the Property. Funding will come from the Gas Tax Fund. Source of Funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. 2. 3. Authorize the Chairman to execute the Conservation Easement; Convey the attached Conservation Easement to the District; and Adopt the attached Resolution requi~ed pursuant to 125.37, Florida Statutes, and authorize its Chairman to execute the Resolution; and Authorize staff to record the Conservation Easement and other documents required to clear title, in the Public Records of Collier County, Florida. Real Property Management Department R~c-'h~'d W. Hart'well, Project Manager II Public Works Engineering Department REVIEWED BY: ~~/--"//~~~"~ DATE::~//~ $~ -~ ,/~Jeff Bibby, P.E., Director ~ Public Works Engineer~artment ~ ~-~/f -~~ APPROVED By.~~,~'/~~j DAT ~_.~p~lub~ll~cr,d.wol~.r[}nD?fsn:oenritn~ublic Works Administrator HAR ! q 2000 RESOLUTION NO. 2000 - CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION FOR IMMOKALEE ROAD IMPROVEMENTS FROM 1-75 TO C.R. 951. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", approved Resolution No. 91-385 on May 21, 1991, Item 9(B)(2) establishing long-term environmental mitigation goals designed to offset adverse environmental impacts of certain road consmaction projects; and, WHEREAS, the construction of the Irnmokalee Road four laning project is subject to the regulatory jurisdiction of the South Florida Water Management District ("District"); and, WHEREAS, Dis~ct Permit No. 11-01737-P ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and, WHEREAS, the Permit requires the Board to preserve and/or mit/gate wetlands under the District's jurisdiction; and, WHEREAS, the Board is the fee owner of certain lands situated in Collier County, Florida and more specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as "Property"); and, WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and, WHEREAS, the District is in agreement to accept the Conservation Easement over and above the Property; and, WHEREAS, thc Board, in consideration of thc above agreement, is willing to grant to thc District a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over and across the Property; and, WHEREAS, thc Board, as fcc owner, shall assume the operation, upkeep or maintenance of thc Property in accordance with thc provisions outlined in the Permit; and, WHEREAS, pursuant to thc Permit, the Conservation Easement for and in favor of the District shall run with thc land; and, WHEREAS, pursuant to Section 125.35, Florida Statutes, thc Board has determined it is in the best interest of the public to convey the Conservation Easement to the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners agrees to convey the attached Conservation Easement between Collier County and District. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Conservation Easement. This Resolution adopted this __ day of major/ty vote. ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk , 2000 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form ~iency: ~ Assistant County Attorney NO.~ MAR 1 200O PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT ~- P]~o~EcrNo.. ~q Page ( of z-:. PARCEL NO... ' FOLIO NO... LEGAL DESCRIPTION (NOT A SURVEY) COHMENCING AT THE NORTHEAST CORNER'OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF 539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF 1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278 ACRES (752,646 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11 MINUTES 20 SECONDS WEST. 4.' 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 MAR 1 ~ 2000 PG. 4 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT_ __ Page SABAL PALM ROAD 60' R/W I P.O.C. I N.E COR. SEC. 30 II TWP. $0S,RGE 27E. N 89°31'13'E E/LINE SEC. 30 P.O.B. S 88°57'34%V 1412.28' GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. -- POINT OF BEGINNING 3) SEC. = SECTION 4) T~VP. = TOWNSHIP 5) RGE~ = RANGE 6) R/W = RIGHT OF WAY 7) ALL!DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMSOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOTT. OSCALE JANUARY17,2000 MM17AC SHEET20 '2 I~ AR 1 z~ 20110 Project: Master Mitigation Folio: 00467160004 Permit No: 11-01737-P CONSERVATION EASEMENT THIS CONSERVATION EASEMENT, made and entered into this day of ,2000, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assign, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 as Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, as Grantee. As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as herein after defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, Grantor is the owner of certain lands situated in Collier County, Florida and more specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as "Property"); and WHEREAS, the Grantor desires to construct Immokalee Road Four Laning ('Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. 11-01737-P ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: 1, It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following dghts are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoy any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: NAR ! 20OO a. Construction or placing or buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or matedal as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a Distdct approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other matedal substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owners of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon wdtten approval by the District. a. The Grantor may conduct limited land cieadng for the purpose of construction such ~ervious facilities as docks, boardwalks or mulched walking rails, Grantor shall submit plans for the ;onstruction of the proposed facilities to the District for review and wdtten approval prior to :onstruction. b. The construction and use of the approved passive recreational facilities shall be ;ubject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any cetland or upland buffer areas within the Conservation Easement Area and shall avoid materially liverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing ~est Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such tcilities and improvements and pedodic inspections shall be instituted by the maintenance entity, to ean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute permit authorization for the )nstruction and operation of the passive recreational facilities. Any such work shall be subject to all )plicable federal, state, District or local permiffing requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this ~nservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent thodty on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions this Conservation Easement shall be borne by and recoverable against the nonprevalling party in :h proceedings. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its its hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be 'aiver of Grantee's dghts hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 12. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or sucessors-in-interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUN'rY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TIMOTHY J. CONSTANTINE, CHAIRMAN HAR I 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM! TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT Page LEGAL DESCRIPTION (NOT A SURVEY) P~oJ~cr No.. (0q I0 I PARCEL NO... - - ~ouo NO... OOMt,'"{ I (JorOq COMMENCING AT THE NORTHEAST CORNER'OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0 DEGREES 11 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2113.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID LINE, A DISTANCE OF 525.75 FEET; THENCE SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, A DISTANCE OF 1412.28 FEET; THENCE NORTH 0 DEGREES 01 MINUTE 40 SECONDS WEST, A DISTANCE OF 539.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 13 SECONDS EAST, A DISTANCE OF .1414.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 17.278 ACRES (752,646 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 30 BEING S 00 DEGREES 11 MINUTES 20 SECONDS WEST. 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 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT,. SABAL PALM ROAD 60' R/W P.O.C. N.E COR. SEC. 30 TWP. 50S,RGE 27E. N 89°31'I3"E 1414.09' S gS"57'34"W 1412.28' E/LINE SEC. 30 --F~AL NOTES POINT OF COMMENCEMENT POINT OF BEGINNING ;ECTION tOWNSHIP U~NGE GHT OF WAY 'ANCES ARE IN FEET AND DECIMALS THEREOF ID UNLESS SIGNED AND SEALED WITH THE i SEAL OF A PROFESSIONAL LAND SURVEYOR TO SCALE JANUARY 17, 2000 MM 17AC SHEET 2 OF 2 HAR 1 2000 ~ ~'G., /D EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR LIVINGSTON ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52. OBJECTIVE: To adopt a Resolution to acquire by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road, CIE No. 52, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #52. On November 23, 1999, the Board of County Commissioners adopted Resolution No. 99-245 author/zing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for 'the four-laning roadway improvements of Livingston Road between Golden Gate Parkway and Pine Ridge Road. Staff has reviewed alternative locations, environmental factors, cost var/ables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right-of-way for the construction of the 'Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $1,686,180, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment for those non-exclusive, perpetual easements referenced in Exhibit "A", required to complete the four-laning roadway improvements for the Project. Funds in the amount of $1,686,180 are available in the Gas Tax Road Construction Fund for the Livingston Road Project. GROWTH MANAGEMENT IMPACT; As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #52. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the fee simple title interests and/or the perpetual, non-exclusive road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the four-laning roadway improvements for Livingston Road between Golden Gate Parkway and Pine Ridge Road; (2) Authorize the Chairman to execute the attached Resolution; Toni Mott, Senior Specialist Real Property Management Department Mitch Momtaz, Project Manage~ Pu~c Works Enginee[ing Department ~VIEWED BY: · - ~ ' - ~Jeff Bibby, Director Public Works E~neering Department Edw~d Finn~ Intedm Administrator Public Works Division APPROVED BY: DATE: DATE: DATE '~ · MAR 1 4 2000 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF 'FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LAN1NG ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD, CIE NO. 52. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 15 Ordinance No. 99-14 therein establishing the 1999 (Ei, ghth Annual Update and Amendment) Capital 16 Improvement Element of the Growth Management Plan in order to establish priorities for the 17 design, acquisition and construction of the various capital improvement projects. The 18 Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 99-13; 19 and 20 WHEREAS, the four-laning construction imp;~vements for Livingston Road between 21 Golden Gate Parkway and Pine Ridge Road is one of the capital improvement projects required 22 under the Transportation Element of the County's Comprehensive Plan; and 23 WHEREAS, the Board of County Commissioners, on November 23, 1999, adopted 24 Resolution No. 99-425, authorizing the County Staffto acquire by gift or purchase certain 25 easements and/or fee simple title to the property and property interests required and necessary for 26 the four-laning roadway improvements of Livingston Road between Golden G~te parkway and Pine 27 Ridge Road; and 28 WHEREAS, the location for construction of the proposed improvements has been fixed by 29 survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached 30 hereto and incorporated herein. 31 WHEREAS, after consideration of 'he availability of alternate routes and locations, the 32 comparative costs of project alternatives, various impacts upon the environment, long range 33 planning options, and public safety considerations, the Board desires to exercise its right to 34 condemn property for l}ublic purposes. 35 NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLGRIDA, that it has been determined by the Board 37 that the construction of the four-laning roadway improvements for Livingston Road between 38 Golden Gate Parkway and Pine Ridge Road, (hereinafter referred to as "the Project") is necessary 39 and in the public's best interest in order to protect the health, safety and welfare of the citizens of 40 Collier County. 41 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's 42 long range planning effort, and is included in the Transportation Element of the County's Pa~e 1 [ : MAR lq 2000 Comprehensive Plan for Growth Management, as approved by the Florida Department of 2 Community Affairs. 3 AND II IS FURTHER RESOLVED that the County staff has revie~ved alternative 4 locations for the project, various impacts to the environmental, public safety and welfare 5 considerations associated with the design and construction of the project, and the costs associated 6 with the design, property rights acquisition, and construction of the project; and the Board finds that 7 after consideration of these issues, the most feasible location for construction of the proposed 8 improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached 9 hereto and incorporated herein. 10 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 11 necessary for the.Board to acquire the various real property interests described Exhibit "A" to wit: 12 fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility 13 drainage, maintenance and temporary construction interests by easement. 14 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 15 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to 16 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 17 Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more Oparticularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property 20 sought to be acquired and therefore it will not be necessary to remove any mobile homes from the 21 property to be acquired. 22 This Resolution adopted on this __ 23 second and majority vote. 24 25 26 27 28 ATTEST: 29 DWIGHT E. BROCK, CLERK 3O 31 32 33 34 35 Approved as to form and 36 legal sufficiency: 37 39 , [c...~ ~ ~ 40~./Hetidi F~ 41 '" Assistant County Attorney day of ,20__, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Page 2 :MAR 1 2000 '4 EXHIBIT page PROJECT: NO, PROJECT PARCEL NO: TAX PARCEL NO. SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA £;":q 5Ri~' 7t,?v' ,OF ?,'~H T- Of-- ¼,"z ~ ~,. ,x ~_ ~ ?'HE WES7 15 O0 ~-EET OF THE NORTh' ONE-~ALF (1,/2) OF T~ACT 1~, GOLDEN GATF ESTATES. LtN, T NO 29. ACCOP, DtNG TO THE PLAT THEREOF. AS RECORDED ~N PLAT BOO~": T. PAGE 57, PUBLIC RECORDS 0~ COLLIER COUNTY. CONTAi,%','NC 247~ SOdARE FEET OF LAND MOPE OR ~qUBJE,:7 7,3 EAq_EME.h'T£ AND RESTRtCT¢OHS C'f RECORD ~,i,;ET,'E~' C'F R~':~HT-OF-WAY PA,~CEL ~?NOT A GREY OAKS P.U.D. SCALE: ~"= ~0' (NOT PLATTED,) r-15' PROPOSED R O.W. I Perpetual, Non-exclusive - Road Right-of-Way, Drainage, _ f ~ Utility and Maint. Easement i:z 180+00 l a+oo · -20' EXISTING R O.W x (~ COUNTY PROJECT NO. 60061 LIVINGSTON ROAD PHASE ONE~ ~ EAST LiNE OF--t +29.~7 SECTION LINE AND-~ +94..37 SECTION 25 -0.--0~'--x.k SURVEY BASELINE X 0.--'0-~--'xX N 0C'16'00",'v-- ~ oF~ [ W~ST ~5' PARCEL 159 WEST LINE ~0' DRAINAGE SECTION ~0 / EASEMEN T (PL A T) ~ PROPOSED R O. W 40' EXISTING D.E., S.E. & U E. COUNTY PROdFCT NO 50051 LIVINGSTON ROAD PHASE DNE CLYDE R BENF!ELD H'LDA E'CNFtELD Q.R. 5~6, PG. 14 O.R. 1147, PG. ~211 T,~ACT 1! NORTH 1/2 TRACT 11 GOLDS~ GATE ESTATES UNiT NO. 29 (P.B. 7, PG. 57) AST O~8~/~ BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, E · PREPARED BY: iiiiiiEI SCALE: 1" RUND^(;E,,~ DRAWN BY:/J~N ' DATE: NOV. 9. 1999 Profession~] e~gmeers pl.nners & I.n(] surveyors CHECKED ~/~W~A PROJECT NO.: 7841 ~. ~o..,? s.,,. ~. ~ ...~.~ s~..~. ~.., ~... ~ 33~, <~,,/~.-~:~ FiLE NO: /,4'274 ACAD NO: 7~74-1 EXHIBIT PROJECT: NO. 50071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION ,50, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DE~C~IFT/ON OF A DRAINAG£ A.t?D COUNT'/ ~ r'~Ty . U, I~_, EA SE,"/ENT ~'HE EAST 3000 FEET OF THE WEST ~5.00 FEET OF THE NORFr~ ONE-HALF (!//2) OF TRAOT 1~, GOLDEN GATE ESTATES, UNIT NO 29, ACCOROINO TO THE PLAT THEREOF AS RECORDED ~N PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONT~tN¢N¢ 4950 SOO'ARE FEET OF L~,~rC' ,MORE Oe LESS. qU~JECT TO EASEMENTS AND RESTRiCTiONS OF RECORD ~KETCH ,DF .~ DRA,'HAGE AND C.OU'NT¥ UTILITY EASEMENT (NOT A ~UR',/E'~) GREY OAKS P.U.D. (NOT PLATTED) SCALE: 1" = 50' F 15' PROPOSED R.O.W. Perpetual, Non-exclusive 178+00 Drainage, Utility and 180+00 Maintenance Easement i20' EXISTING R.O.V~ COUNTY PROJECT NO. 6005~ LIVINGSTON ROADi .. PHASE ONE +29.57 WEST LINE OF~ SECTION 50 t~ 40' EXISTING D,E., -- ~ S.E. ~ U.E.-- -- ! COUNTY PROJECT I NO ~00~1 ! LIVINGSTON ROAD __ ~PHASE ONE 15.00- TRACT SECTION LINE AND-% ~]-'~ SURVEY P~SEL. IN~ '\ , \ ~'""'~PROR©SED R.O.W."'-~ +94.;715.00 50' PROPOSED D.F, PARCEL 859 AND C.U.E CLYDE R. BENFIELD HILDA BENFIELD O.R. 536, PG. 14 NORTH 1/2 TRACT 11 EAST LINE 0¢'-X SECTION 25 ~ t,, O0'~6 E'3"W ~ -- -- -- 150' DRAINAGE EASEMENT (PLAT) O,R. 1147, PG. 1211 GOLDEN GATE ESTATES UNIT N( 29 (P.e. 7, PG. 57) b SCALE: ~;'3.~'~ ......~"~" ~;:~;~ / FILE NO: ~274 'AOAD .N~" 7274-18 '!i,?.°. iq 2.000 EXHIBIT__..FL PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION &O, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D~q'-,~__/~ 7,'.'~" ~_ C.? p,.c.~ 7- OF_ .,..z,., ~' ~,~.SEL T~E ~ES~ ~00 FEE7 C,F THE ~OUT~ ;~CC FEET DF [S ~E~, UNiT NO 29 ACCS:'~Dh'~,~ TO ThE PLAT THEREOF, AS ~ECORCED ~N PL~T ~qt3K 7,, A~_ 57, PC'BL~ ~ESO,~DS Or COLLiEq COC'NT'x, C'O~Ta~"~'%rC 19~0 ~O(/~PE FEET OF LAND UO~E ~'~ SU~J~ C ~ T,C' E,~ qEM?.' 72 z*t~D .~ES TR C 7 OHS 0~ ~EC,~"fi' 60071 IGO SI'~ETC~ 'SF ~.'2/.~T-O? WAY Pz~,ZEL GREY OAKS P.U.D. (NOT PLA TTED) SCALE: 1" = 50' F15' PROPOSED R.O.W. Perpetual, Non-exclusive -- Road Right-of-Way, Drainage, ' i!;' Utility and Maint. Easement -- 180+00 182+00 'u~[~ EAST LINE OF~ +94.~7 SECTION LINE AND"'X I +44.~7 0.00 --~ ~, SECTION 25 X SUR~,CY BASELINE I 0.00 N \ "~' I '. D2'~'CC,'.', I WEST L'NE OF'-"// ' I WEST ~ZI PARCEL 160 SECTION .~0 50' DRAINAGE PROPOSED R.O.W. j/ [EASEMENT (PLA T) RUSSELL BAISLEY PATRICIA M. BAtSLEY O.R. 5,~6, PG. 14 OR. 1147, PC. 1211 O.R. 20Z5, PG. 2009 TRACT 2 SOUTH ~50' TRACT 12 GOLDEN GATE ESTATES UNIT ~0. 29 · (P.D. 7, PG. 57) // BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM EAST ZONE/I~,~//90. P~EPAP, ED B', ' //// -'-"l-"il~^~, ~ I ' WAYN~).~.A"~N~)~I, R.S.M. NO. ~-~-~-~-~ , SCALE: 1" = 50'/ / mmmmmm~_~RL NDAG g,~r. I Proressi~)n~] engineers planners & l~d surveyors :' DRAWN BY:.~/' DATE: NOV. 9. 1999 ~o,,.,~ ~,~. ~o ,,o, ~.~,.~ t,.,, .o.~ ..~.. r~ ~,,oe ~*,,)~,~-~,,, CHECKED BY: /C/DA PROJECT NO,: 7~41 ..........................I FILE NO ~.~ ACAD NO: 72742 EXHIBIT PROJECT: NO. ~0071 SECTION ,50, PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA L, LDEt~ E~ATE ES~ATE~, UNiT 29, ~CCO~/:/~ TO T~E PLAT THEREOF. PLAT BO0~ 7, PACE 57, PUeL~C RECORDS 0~ COLZiER COUNTL GREY OAKS P.U.D. (NOT PLATTED) SCALE: 1" = 50' 15' PROPOSED R.O.W Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement 180*00 ~ ~ SECT/ON LiNE AND-% *94 J7 SURVEY BASELINE ~ +44. J7 I -{'J~O- x~ I -- \ ' I ~ ~iOCi W~ST LINE OF~ '~ ~PROPOSEO R.'O.W.~ .......... ~ ~ 1~2' PROPgSED P.E. PARCEL 860 O.R. 1147, PG. 1211 SOUTH 150' TRACT 12 7,q' A ,'2 7 O.R. 536. PG. 14 182+00 EAST LINE OF~ SECTION 2.5 ,~.~ ,?C'I~ ,:::"',', JO' DRAINAGE __ _ E~ASEMENT (PLAT) O.R. 20J6, PG. 2009 GOLDEN GATE ESTATES UNIi NO. 29 (P.B., 7, PG. 57) ~i~,~.~. ~ I WAYNE ¢/AONOLIFR%.M. NO. 5335 i .llIlI~ N SCALE: 1" iiiiii~RIL 'DAG g,~ ~ DRAWN~ mAT Professmne: ¢n¢ ...... planners ~ lana surveyor~ I BY:/~N ......................... . ...................,... ......,-,,.* ...... / CHECKED ~:~ PROJECT NO 7~41 . MAR 1 4 2000 PC,. ~? PROJECT: NO 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION JO, TOWNSHIP 49 SOUTH, t~ANGE 26 EAST COLLIER COUNTY, FLORIDA E~T~t~,~ ...... C',tIT t,,Z 29, A,~/~mPr','tVO, TO TH~ ¢z~T 7~E~Or._ x[ ~r~r_u~,~rn GREY OAKS P.U.D. SCATS: ~"= (NOT PLA T~D) m 15' PROPOSED R O.W. Perpetual, Non-exclusive - Roa0 Right-of-Way, ~raina~e, _ ~ Utility and ~aint. [asement . ~ +4457 SECTION LINE AND--, +2437 EAST LINE OF~ X SURVEY BASELINE 0.00 ~X ~ST LINE 0r/ 1~sT ~' PARCEL 161 ' 50' DRAINAGE / SEC TI ON 0 PROPOSEO R.O. W. ~ EASEMENT (PLA T) SA~ V* TO~E C, O.R. 1147, PG. 1211 O.R. 20J6, PG. 2009 O.R. 665, PG. 1820 T~A C~ ~, .1 2 NORTH ~80' TRACT 12 GOLDEN GA~ ESTA~S UNIT NO. 29 (P.B. 7, PG. 57) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZO PREPARED Bt WAYNE ff A~,~:S.M. NO. 5335 DRAWN BY:~ DATE: NO~. 9, 1999 Professionoi eng ...... pi ....... & l~nd .....?La,Y°rS,o~ CHECKED ~ ~Y:~ co..~: s... ~**...~ ~ ..... , t.....~: ..p,.., ~ *~°t r.,n~,.-*,. FILE NO:~ ACADPROJECTNo: NO,:7274_37~41 HAR 1 2000 £XHtBIT ~ Page_nt2.__of ~ PROJECT: NO. ~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 50, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA THE EAST 34 O0 f'EET OF THE WEST 45.©0 FEET OF THE NORTH !8D00 FEET DF TRACT 12, GOLDEN GATE ESTATES UNIT NO 29, ACCORD,'NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7. PACE .57, ~UBL;'.- RECORDS OF COLLIER COUNTY, C©%'TAINIt,I~ 6120 SQUARE FEET QF LA,"40 ~,ORE ~L ~JECT TO E'~SE~.~EN~S AN~ ~EST~,'C T,'O~.~$ 0c F, ECCRD S;{ET,'JH OF A DP~XlNAGE AND COLoL/TY UT/L/T'~ EA'ZEt,,I£NT (NOT GREY OAKS P.U.D. (NOT PLA TTED) SCALE: I" = 50' 15' PROPOSED R.O.~ Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement 182+00 ~ 184+00 O.R. 1147, PG. 1211 T*TA C T SECTION LINE AND-~ SURVEY BASELINE +24. Z7 - 1100-%, '"J-- PROPOSED R, O. 54' PROPOSED D.E. AND C.U.E. PARCEL 861 SAL ',lA TORE C GRECH O.R. 20J~, PC.. 2009 i2 NQRTH 180' TRACT 12 GQLDEN GATE' ESTATES UNIT NQ. 29 (P.S. 7, PG. EAST LiNE OF.m, +44 37 SECTION 25 W~ST LINE OF-''~ !JO' DRA,'NAOE SECTION 50 j EASEMENT (PLAT) O.R. 663, PG. 18~0 BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN COORDINA~ SYSTEM, mmmmmm~Rg NDAGE.~¢ [ RA~' ' " D ~ B ~ DATE NOV 9 1999 EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: ~. TAX PARCEL NO, SECTION .30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DE$C/: ;,r~ ~-,, -"v, ," '~P_ ,~/C~' 7- O,~- WA '/ PA o,~ ,~ T~'E WEST 9 O0 FEET OF THE SOUTH ~8000 FEET O~ TRACT !Z, ,:~OLDEN EETATE~ UNIT NO 29 ACCORDIr~C TO THE PL~T THEEEGF &c PE,ZO~?EO .... , ~O ~S 2,C'_L~CR CO ~t~T: ~uOc,OA, ''?~TA~t,~lt~'~ ~6ZC' 2CL,'ZPE UCET OF LAND ,'/ORE ~'~ LES~ E;UBJECT TO EASE¢,'E,',,F% AND ~ESTqI'2T,'QN'S OF ~ECQRZ GREY OAKS P.U.D. sc~ce. ~"= s0' (NOT PLAT~D) ~ ~5' ~o¢osro ~.ow. Perpetual, Non-exclusive Roa¢ ~i~ht-of-Way, t , Utility and Maint. Easement ~o ~83+00 ~ ~ ~85+00 +24.37 SECTION LINE AND +4.57 ~ SURVEY BASEUNE 0,00 "~ WEST L¢NE OF I 'PARCEL 162 SECTION ~0 L ~ST 9' PROPOSED R.O W. ~ 30' DRAINAGE ~ EASEMENT (PLAT.) I JACK f; BIGELOW BARBARA L. O.R. 20~6, PO. 2009 O.R. 665, PG. 18~0 O.R. I565, PO. 2~69 T~ACT 1~ 7,~A,'~7 i2 ! SOOTH 180' TRACT 13 eOLOEN ¢~ Esr~s U~tT ~0. 2~ (P.B, 7, PG. 5D BEARINGS ARE BASED ON ~E FLORIDA STA~ PLA~' COORDINATE SYSTEM, EAST PREPA. REE, eY: iiii ~OLI BY: ..... ¢ IIIIi~ARBER & WA~ LI, R.S.M. NO. 5355 IllIlI~ SCALE: _~ DRAWN BY:~ DATE: NOV. 9. ~999 ........ , ,~,,~ ~¢ ...................... , ............ ~ ,~,,~ ........ CHECKED BY/~ PROJECT NO.: 7~4~ [..~,~.~. ~ ~.~o....,~. ,,, V ~..., ~, ~,i~ ..: {,~-~ FILE N~ 7~4 ACAD NO: 7274-4 A b~, IT'"' '" IlAR t 2OO0, ~,~. II EXHII .IT_ PROJECT: NO 6QQ71 PROJECT PARCEL NO: ~2 TAX PARCEL NO. SECTION ,30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA TRACT !~ UL~LDFL' ~z, zE ESTATES. UN;T NO 29. 4CCORDtt,'C TD T~E PLAT THEPEGF AS ~E'-:Pi)ED ~,'; PLAT ~(20~ 7, PACE 57, PU~L!C ~'ECORg.)S OF :,2LLIER FEET OF LAND MORE OR 21~ETCH OF A 'Z'F',.a/c/ACE AND CO.UUTt' UT,'L/TY GREY OAKS P.U.D. (NOT PLA TTED) SCALE: 1" = 50' F 15' PROPOSED R.O.~ t ~l~l Perpetual, Non-exclusive ~ c~ Drainage, Utility and o .~ Maintenance Easement 183+00 185+00 I°~ SECTION LINE AND--k ~ '~1~ EA SURVEY BASELIt'E X I SE N '20'i E 'OC'" W ~RO~OSED ¢ o w.---., 56' PROPOSED AND C.U.E. PARCEL 862 JACK P. BIGELOW BARBARA L. BIGELOW O.R. 665, PG. 1850 0. t TRACT SOUTH 180' TRACT 13 GOLDEN GATE ESTATEs UNIT NO. 29 (P. 8. ?, PG. 57) LINE OF--k + SECTION 25 , WEST LtNE OF !JO' DRAINAGE SECTION ,50 EASEMENT (PLAT) O.R. 2036, PG. 2009 T.~ACT i2 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN ~0ORDINATE SYSTEM, EAST RUNDA(;~ .... DRA~ BY:~N DATE:~ 9, 1999 1565, PG. 2369 A' ND I MAR 1 2000 EXHIBIT Page ~__.~__of r/df SECTION 50, PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA THE ~EST 700 FEET OF THE NORTH 15000 FEE, 0r TRACT ~. GOLDEN GATE ESTATES. UNt? NO. 29. ACCORD~,'G TO THE PLAT THEREOF AS RECORDED ¢N PLAT BOOK 7. PAGE 57. PUBLIC RECORDS OF COLLIER COL'tvTY~ ¢LO~iDA; CONTP!NINO ~050 SOUARE FEET OF LAND MORE O~ LESS; SUBJECT TO EASEMENTS AND REST~CT;O~,% OF RECO~D St'fETCH 0~- P, h2,HT-OF-WA'/ ~- ~,r--, GREY OAKS P.U.D. (NOT PLATTED) SCALE. 1" = 50' F 15' PROPOSED R.O.W. 185+00 Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement ~ EAST LINE OF~ +4. Z7 SECTION LINE AND'-k +54.57 SECTION 25 DRAINAGE SECTION 50 WEST 7'J PROPOSED R,O,W EASEMENT (PLA T) O.R. 66.~, PG. 1850 FREDERICK GARDNER JOAN GARDNER O.R. 156~, PG. 2Z69 NORTH 150' TRACT 1,3 TRAC 187+o0 O.R. 2026, PG. 2197 T,RACT 14 GOLDEN 3ATE ESTATES UNIT NO. 29 (P.B. 7, PG. 57) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ~//E"~,/90. PREPARED BY: , ' ~'/'//// ~iUA~Bg~ ~ I // ~I~ ~ SCALE: ~ - ' '~ L DRA~ BY/~-. DATE: NOV. 9. 1999 ....................................................................... [ CHECKED~/ ~A 'PROJECT NO.: 7~41 f4AR 1 2000 EXHIBIT Page ~....L~_of PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO, SECTION ,50, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA DF cFPtF' T!O;v' ,'DF ADP, A,'NAGE ArWD ,?o~,,~,,'7r b'ZlL~77 EAS~,,,,~,,, T THE EAST 5800 FEET OF THE WEST 4500 FEET OF THE NORTH 150.00 FEET OF TRACT ?.!. 2OLDEN GATE ESTATES, UNiT NO 2a~. ACCORDtNC TO THE PLAT 7HEREOF AS RECOt~DED ,'N PLAT BOOK 7. PAOE 57. PUBLfC RECORDS, OF COLLIER COUNTY, FLOR!Da, COL~TAiNuNE. 5700 SDU,~RE FEET OF L.~ND t~fORE OR LESS, SLBJEC7 ~0 E~,SEMEt,'~S At,? RE2TR~dT,'C'NS OF ,RECORD GREY OAKS P.U.D. (NOT PLATTED) SCALE: I" = 50' 15' PROPOSED R.O.W. N SO'i 6 'OQ"W WEST LINE OF-../`/ SECTION 50 O.R. 66..~, PG. 18.~0 185+00 SECTION LINE AND-- SURVEY BASELINE ~IAND C.~.E~ ~ P~RC~ 863 I FREDERICK GARDNER JOAN GARDNER O.R~ 15~Z, P& 23~9 Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement 187+00 EAST LINE OF-~ SECNON 25 30' DRAINAGE ~_ASEMENT (PLA O.R. 2026, PG. 2197 NORTH 150' TRACT 13 TP'ACT 14 GOLDEN GATE ESTATES UNIT NO. 29 (P.e. 7' PG. 57) REws~o~: N,-' //:/Y2 ' . "- i '. SCA.[. "_- pl~nn~rs & l~nd surveyors ............ . ...... ~.~,.~, ~,.....,~; ~.~.. ~ 3~,o~ <*.~,-3., CHECKED B~. PROJECT NO.:- 7841 ~ ~, ..~ ~. 3.., r.,: ~)~..-,~o= LE NO: 7~74 'A~AD N,O~ 7274--22 'MAR I 4 2000 ~s., /~ EXHIBIT.. PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. .~ECTION 50, TOWNSHI? 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA THE V,{ST 5 O0 FEET O: THE SOUTH 7,50.00 FEET AND THE ~EST 50C FEET OF NORTH I~C, 00 FEET r':F 7R,~CT 14, GOLDEN CATE ESTATES, UNiT NC' ACCO~D;tTG TO T~'E ~L~T T~E~EOF, AS RECORDED IN PLAT ~00~: 7 PAGE 57, PU~iLtC RECORD5 CF COLLIER COUt~TY, FLOriDA; CONTAftgNC ~SbO ~'UA~E FEE~ O~ LAN~' ~JO~E OR LESS; SI','ETCH OF ~,,'GHT-OF- WA Y PARCEL ('tWCT A SUF',E; ) GREY OAKS P.U.D. (NO T PLA TTED) SCALE: 1"= 60' +54.57 -0-~0~ ~x WEST LINE O~F SECTION 50 r 15' PROPOSED R.O.W. Perpetual, Non-exclusive Road Right-of-Way, Drainage, . Utility and Maint. Easement 188+00 EAST LINE OF SECTION LfNE AND-~ , SURVEY BASELINE ~ SECTION 25 I / II LWEST '~' /' 1,30' DRAINAGE JACOB NAGAR O.R. 1575, PG. .526 JACOB NAGAR NORTH 180' TRACT 14 O.R. 2026, PG. 2197 TRACT i4 SOUTH .1.50' TRACT 14A T.~G GOLDEN ESTATES UNIT NO. 2g (P.B.[ 7, PG. 57,) 190+00 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, gAST. ZON~.~/90. . PREPARED Bt Z " ' InnIl& REVISION: llJl~cNou BY: JJJJJ~ WAY~./~NOL[ R.SM.- NO. 5335 IIIIII~RUNDAGE.,c ~A~~' DATE' NOV' 9 1999 ............. - ................................................. CHECKE~ ACAD NO: 7274-6 J' MA : i 2000 EXHIBIT Page ~-.I,~_- of, P. SECTION JO, PROJECT: NO PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLORIDA THE EAST 4 ; CO FEET OF THE WEST 4500 FEET OF THE b©uS,'~ 15000 ~EET AND ~HE EAST 4c O0 FEET OF Tm'E WEST 4500 FEET OF THE NORT~ 180 O0 FEET OF TRACT 14, C;OLDE~; GATE E~TATE~, UNIT NO 29, ACCORD/t?5 70 THE PLAT THEreOF ~ RE~O2DE~ ,'t; P~T ~00~ 7, PAC, E 57, Pb'E~n~ RECORD~ 0~ COLLfER COUNTY FLORIDA; CO",~TAqStNG 15.200 q~CU~,£ FEET C',~ LAND Z,,"C.:'~E DP,, LESS, SUEJECr ?0 £z~SE~,~EI',T~ ,z,%'D tRE~TR~2T,'D,%'5 CF ~ECOF~D AND COUNT'/ UTILITY EASE,~,4EN,, ('¢'~C'7 A EU~'v"E, ,' GREY OAKS P.U.D. (NOT PLA TTED) SCALE. I" = 60' F 15' PROPOSED R.O.W. t Perpetual, Non-exclusive ~ Drainage, Utility and ~ ~ ~ Maintenance Easement ~ z ~ 188+00 190+00 ~1~ EAST LINE OFm fid ~ ~ ~ ~ ~ SECTION LINE A'VD% SECTION 25 ~ ~1~ + ~ SURLY BASELINE ~ ~ WEST LINE OF~ , ~0' DRAINAGE SEC~ON 50 ~?~p¢?F?sED O.E. IEASE~ENT (PLAT) PARCEL 864 ~ JACO~ NAGAR JACO~ NAGAR ~ O.R. 2026, PG. 2197 O.R. 1575, PG. 525 0 TRACT 14 SOUTH .150' TRACT 14 NORTH 180' TRACT 14 ~ GOLDEN GA~ ESTA~S UNIT NO. 29 ~ &.S. 7, PC. 57) PREPARED BY: ~ :' '//'//~ '1. " Ill'AESiR & ~ 1 WAYNE ~/AGNOLI, R.S.M. NO. 5335 aIII~ [ J SCA'r 1" /~' * c..u,,..,..f .~.,,...n ... ,., ..,. ,., "" "'"'"-'" I I riLL NO: F 7274 Aa~u ~ m[~' I £ 1 '.MAR 1 q 2000 EXHIBIT Pago~ _/5_of PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO, SECTION ,50, TOWNSHIP 49 ,SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA T~-~E WEST 20 O0 FEET 0~ THE SOUTH OtVE-HA~- (lt/£) C'F T,~AC7 ~5 ,~O£DE~ GATE £STATES. UNIT NO 29, ACCOr~D,'NC, TO THE PLAT THEREOF PS ,RECO~'DED PLAT BOOK ?. PAGE 5?, PUBLIC t~ECORD5 ,DF COLLIER CO~/,'~TI, r-LQR,O4 CO~,/TAfNtNG 6590 SOL, Ac;E r-E£7 OF LAND tCORE 0~ LESS SUBJECT TO EA~E,'."Et, I~ ~.~, RESTRiCTiONS O,c r~ECO~'O GREY OAKS P.U.D. SCALE: ~"= (NOT PLA TTED) F15' PROPOSED R.O.W. o+oo 1 :+oo Perpetual, Non-exclusive ~ ~ Drainage, Utility and ~F~ , a,~ ~ Maintenance Easement ~ ~ ,~o ~ +84.57 0 ©0 ~ :b .... EAST LINE 0 0.00 ---~% x ~ SECTION 25 DRAINAGE EA SEICEN T AND C.U.E PARCEL 865 , (PLAT) i Lq JAMES A. BOUL TON ~ M. ELISABETH BOULTON c~ TRACT I~ SOUTH 1/2 OF TRACT 15 i GOLDEN GATE ESTA'TES UNIT NO. 29 (P.B. 7, PG. 57) ".~ BEARINGS ARE BASED ON THE FLORIDA STATE. PLAN COORDINATE SYSTEM,. £AS...T~NE 85//90. .- ". EXHIBIT PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION JO, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 60071 DE~CRI,-T/ON OF A DRAINA,SE AND COUNTY UTIL!T"F E.ASE~EHT THE WEST ,3000 FEE7 OF THOSE LANDS AS DESCRIBED IN OF:IC~Ac RECORD BOOK 2007, PAGE 3.52, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING PART OF TRACT 15. GOL~'EN GAT~ ESTATES UN T NO 29. ACCORDING TO THE PLAT THEREOF AS ~ECORDED h"; PLAT ~OOK 7, PACE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 642~ SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRtCTtO,',,S OF REu'DRD 5KETCH OF A DRAINAGE AND COUNTY U'T,'L/TY EASEMENT (NOT A SURVEY) GREY OAKS P.U.D. (NOT PLA TTED) SCALE: I" = 50' +97.38 - 0.-0-6 --~ x W[.'ST LINE OF-/ SECTION 30 15' PROPOSED R.O.~ TWP. 49 S., RGE. 25 E. L~ ~ ~ Perpetual, Non-ex. luslve ~ - , ~ ' ' ' 194+00 ~ Drainage Ubl tj and : ~ ~:1~ Maintenance Easement L~ DRAINAGE EASEMENT 30' PROPOSED D.E. ~0~ ~9~ EAST [(PLAT) PARCEL866 AND C. U.E. /I Ill(PLAT) RONALD L. ~LL/AMSON ' ~ O.R. ~20~, T,G'A C T GOLDEN THE LODGINGS OF WYNDEMERE SECTION ONE (P.B. 15, PCS. 8-12) O.R. 2007, PG. 552 15 GATE ESTATES UNIT NO. 29 (P.B. 7, PG. 57) NORTH LINE OF SECTION TWP. 49 S.. RGE. 26 E. PG. 992 ~4 15' UTILITY AND DRAINAGE EASEMENT (PLA T) BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, PREPARED BY: jSSSS~ARBER ~ WAYNE D. ' SCALE: 1" = Professional engineers planners. & land surveyors -- -- MAR 1 2000 EXHIBIT R PROJECT: NO. ~71 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COU;~ITY, FLOR/DA S~,ETCH OF H/~'HT-OF-WAY PAPCEL (NC'T A ~URVEY) (5E~ ~HEET 2 OF 2 FOR DESCRIPTION OF R~G~T-O,C-~A? PARCEL) SEC~ON LINE ~ SEC~ON LINE ~ I ~ ~ ' · ~o5' Ex~s~o ~.o.w. ~ I Z ~ ~ LI~NGSTON ROAD ~ ] ~ __ ~ ~ . ,.~ ~ / 'a~i ~ ~ ~ ~ I ~..~ / ... 0 / ~ ~ / L2 S 00~9'38"E 554.4I . ~ / ~ ~ I / L~9'.38'.'.E 647 02 / ~ ~ I / L~ N 12'4'43"E 34.9~ ~ ~ I / L4 N ~39'~"W 612 95 [ / L5 ~'5~22~' 750 -~E-,~ I I +~'.~ ~ I // iiiiii~ so,~e:~. ' v;' RUNDAGE.~ DRA~ B~:~AN · DATE: N0 ~9 Professionel en~]neers, planners, & land surveyors PROJECT NO,~" ............. ........................................ ,,,,, ........ CHECKE~: WDA 7841 c,,.r,~,~..~ ,.~.,,....0. ~ ~.~, ... ~. ~ee~ r,,: {.,~)~-~;0. FILE N AC~ 274-7 EXHIBIT SECTION 19, PROJECT: NO PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR~DA 60071 /~LL TH,~ ;'ART DF PARCEL "C" /~CCORDWG TO THE WYNDEMERE TRACT MAP AS ¢£,' ~R~ED tN PLAT ~OOK ~, PAGES 5 T,~POUGH 7, PUBLIC RECORD~ OF CO~L~E~ ~OU&'~h FLORIDA BEIN,2 ~O~E PART,'CULA~L Y L~E~C~iBED AS FOLL OW~ ~U~HL~£~CINC AT THE ~CES? ONE-©UA~TEP CO,~NEP ,~,c SECTION ~9. TDW~VSHIP 49 SOUTh, ~N~E 26 EAST, COLLIER CC~JNTY, FLOR;DA THENDE SOUTH 5~4 41 FEET TO T~E POINT OF ~ECINN,'NG OF THE ~A~CEL HEREIN BEING DES,T~BED; 7~Et~E CONTINUE SOUTH 00'09'58" EAST ALT, NC SA!;~ WEST LINE 0F SAID 5EC7¢0~ 19, P D/STAt,,CE OF 647G~ FEET EAST 2~ 91 FEET; ~HFNCE t,JO~T~ O0'Og'ZS' WEST 612 9~ PEET: 7~E~ZE SOUTH Eg'bG'22' ~EST 750 FEET 7S 7~E PO'%'T 0~ ~EGiNN!NG OF F'~'~T:,','~C 4725 S:;'UARE FEET CF LzN£ MORE ,g¢ LES2, 3,.'B'~CT TE' E,~SEL~ENTS AND RESTR $~O,'~£ RECORDEF' Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST Z PREPARED BY: 5HFET .'~F.'~."/. ~..ll~IIII REWSION: I ~ ~ -~ -- ' ' ' ' ' II~ARBER ~ ] WA~NE/D. ~N~; R.S.M, NO. 5335 ~EEE , ' SCA N i. LE: . . ' ' . Profes en nee s i d D N B DATE NOV 9 1999 EXHIBIT Page I~of PROJECT: NO. 60071 PROJECT PARCEL NO: 7~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA TCH OF TEtCPO,~A~, v D~'~YE?,"4 ¥' P, EE 70Rz T,,O,'xl EAS£)/EN 7 /~"0 T A 5L,'~'~,: 7': 170' FP.~L. EASEMENT ._~_/~ (0 R 640. PG 232) i.,j ~ C3 . I ,o~' ~;~,s,,,,o RO.W ~ LI~NGSTON ROAD ~ ~ C ~ cou~r? RoAowAY ~S[~T ~ I ~ ...... , ' BEARINGS ARE BASED ON ~E FLORIDA STATE PLAN COORDINATE SYSTEM: EAST~8~9~.~ ~ .".. 2 ..... . :~E~S:O~I -/---- ====~om, I2/'3/00 BY: [~[[[~ ~~ ~ ~AYN[~..A~I~ R,~.M~O, 5335 ~' ::=,:.,. :"'.':=.= :::"= ='.- ~= ,.%';" ~'::: :::,,:::::,., / ~ FILE NO: 7~74 ACAD NO: 7274-30 ":'::~'MAR 1 4 2000 ,'G. EXHIBIT_ SECTION 19, PROJECT: NO PROJECT PARCEL NC: TAX PARCEL NO TOWNSHIP 49 ~OUTH, RANC~E 26 EAST COLLIER COUNTY, ?LORIDA 60071 ? BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZD ~c~ou 2/8/oo BY: ., ~ ./ ~ , . EXHIBIT Page._[~._of ~ SECTtON 19, TOWNSHIP 49 SOU TH, COLLIER COUNTY, FLORIDA Tr~' '~- ,~!CHT-OF-WAW ~- ~ ~ ~', , HA~C~L ('NOT SHEET 2 OF 2 F~R DESCRIPTION OF RtGHT-O~-V~aY c~ g 105' EXISTING R.O. W, LIVINGSTON ROAD COUNTY ROADWAY EA SEMEN T (O.R. 803, PG. 1845) PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. RANGE 26 EAST PREPARED BY: ii!!.k Profes~ione] englneer~ planners & I~nd surveyors SCALE: I" = 60' R.S.M. , NO. 5335 NOV. 9. 1999 7~41 7~74-8 L1 S 00'15'56"E .37.40 L2 S 00'13'56"~ ~,D8.89 CQQRDINA ~ ~ DRAWN~: JAN DATE:' NDV. ~ CHEC~ BY: ~A PR~ECT NO.: ~: 72~ A~D ~: ~ ;"-~ 7 i' ~ t4~ ~ 2000 _.2_.,._ C EXHIBIT SECTION 19, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA t ALL THZ~T PZ~PT OF PARCEL "BB" ACCORDIh~- 7C THE RE-PLXT OF oA~T OF 45, P~L~E Fi, O~D~ OF COLLIER C'nUNT~, FL':~/DA, BEING ~,fO~E PA~i~C'JLa~L r DESCRIBED ~S FOLLOWS; ~"[IFH 00'!_~5~' E~T ALONG THE WEST LINE OF ~z, ID PARCEL "BB" A DtqJAh'CE Or: ~7~r3 FEET TO THE PO,'NT OF ~EG'mP"lt'~O OF THE PARCEL HERE~N ~E~tJO DESCRIBED: T~EtvCE '.?ONT]L'(.,E SOUTH 00'1~'~6" EAST ALONZO SA~D WEST L~NE PA,qCEL "Eg" z D~STANCE OF ~0589 FEET; 7HEt~CE LEA'~ N',~ SAiD ~5ST L,'NE OF SAiD PARCEL "8~" NDRTN T~'ENCE NORT~ 02'15'56" WEST 27a.80 FEET THENCE SOUTH 82'46'24" WEST 7 5~ FEET TC T,~fi gO!t,.T OF ~L:,jINN/NG OF T~E PARCEL ~E2E~N ~ES',?~I~ED; Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement BEARINGS ARE BASED ON THE FLORIDA STATE P~EFARED B~': RUN BAG E PLAN COORDINATE SYSTEM. E,~ST Z, CNE,.,/85/90. .' · IRFVI%ION: I WAYNE ~/GNOLI, R.S.M, 'NO, 5,355 SC ALE: N Z___~,/_~.' -. .-'" DRAWN BY: A/~.,,~&..~ "'DA.TE:" NOV, 9. 1999 CHECKEDfl~t': WDA PROJECT NO.: 7~41 FILE N0~.//7274 ACAD NO: 7274-8 EXHIBIT__~_ PROJECT: NO. 60071 PROJECT PARCEL NO: 7~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 5Y,£TCF/ OF TEt'/'PO~?AF~Y DFClV£WA';' F'ESTO~,,AT/(3.~,j £A.5£,^,/ENT (%:07 ~ (SEE_qHEET 20F~ £ FOP, DESCP, IPTION OF TEMPOr~,ZF ~2"'v~i'~'A~,' P, ESTOq,a"/', ~,,~ ~.A~_,,~_ ,,r- ~=',/ ~05' EXISITNG R.O. ~K LIVINGSTON ROAD E~ A COUNTY ROADWAY EASEMENT ~ · ~ I ~ +92.56 LI~NGSTON ROAD I COUNTY ROADWAY EASEMENT ~ I I I 1 'CY ....... ISCALE: RA ' '" "*'~"~;:'~: ~ ~t ~)~2~ r CHEC~DD BY:Y: ~A PROJECT NO.: 7841 EXH)BI¥~ Page ..~.~_.o f ' ~?.:.~..~ SECTION 19, PROJECT NO PROdECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~QQ71 PREPARED BY: S~E~,,T./~.~F, _2 ~.ii~,,~,'""" .~ ~c~:~. -- .."" DRAWN~""oATEt'' NOV. 12. 1999 c.~,.~.~.., ..~..,.u...... ~ ~,,, .., ~. ~,, ,..: (,,~)~.-~,~ FILE NO: 727~ ' ACAD NO: 7274-31 REVI%ION: EX HI..BIT ~_t~...~ PROJECT: NO. 60071 PROJECT PARCEL NO: ?67 TAX PARCEL NO. SECTION 19, TOWNSHIP #9 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLOR/DA ~4NCSrO~ ROAD I COUt~ITy ROAD ~ ~ ~ LI~NGSTON ROAD BEARINGS ARE ~ASED ON THE FLORIDA SrA~ PL~ COORDINATE SYSTEM,.~AST · PREPARED' B~ S~EET/~ 2 Pr I n¢l .... ln' r a I nd r r DRAWN BY:/~AN DATE: NOV. 12. 1999 ( ............ ' ......... ~ ~ ...... , ............ , ......... , {,,,, ..... [ CHECKED~ PROJECT NO.: 784 f70' FP &L. EASEMENT (O.R. 640, PO 2,32) MAE' 1 ~ 2000 Page ,,~/z~. of ~,EC TION 19, PROJECT: NO (:,0071 PROJECT PARCEL NO: 7G7 TAX PARCEL NO, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A TE~,~OFxAt~Y DrYY¢'£WA¥ RESTORATION £/~SEMENT 0'~£/~ AND ACROSS THE BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, .EAST ZOI~_//~Y'~90,. .' PREPARED BY: ..'.~HEE,~' 2///OF// "_2 -"" ,_,....,, R~',,,~.oN: /'.¢--¢' Z -: ' -!i.~,...:,,~, ..,.: . u.- ,..; /L, '- · ~-~i~^RI]£R & WAYNE D.A/(~OL', R.$.M."NO.. ~'~''~o~RUND2~Or~E""¢, , & ...... DRAWN BY~/]~ DATE: NOV; 12. 1999 , I':': 'MAR 2000 EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIF 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA St(E TCH ,OF CQUN TY U TtLITY AND DRA/NA,~E EASEt~4EN T (N,9 T A SU~'FE (SEE SHEET 5 OF 5 FOR DESCRIPTION OF COUNTY UTILITY AND DRA,'NAGE £ASEk4ENT MA TCHUNE SEE SHEET 2 OF 3 8 705' EXIS77NG R.O. W. LIVINGSTON EASEMENT (..)mo.. SCALE: 1" = 100' /'r ] NORTH LINE OF WYNDEMERE TRACT MAP f ~.~ (~,.~. 13, P~s. ~-7) ARE BASED ON ~E FLORIDA STA~ PLAN COORDINA~ SfSTE~ EAST~ 85/90. - ' IRE~SION: I ~ ' / /'/ t [ SCALE: 1" ~ 100' .' I DRA~ BY/~. DATE: NQV 9. 1999 ...................................... ~ ........ ~ .... (0,,) ........~ CHECKED~: ~A PRO~ECT NO.: 7~41 C EXHIBIT~ PROJECT: NO .~ PROJECT PARCEL NO: C TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCF~ OF C~qUrYTY UTILITY AND DP, A/~,,~A,'~E EASE~V, EfYT (NOT (SEE SHEET 5 OF 5 ,cO~ DESCRIPTION OF- COUNTY C~T,rLIT''~' AND DRA~NACE EASEMENT,) ~-- ~ 'LIVINGSTON ROAO 15'x40'~-~ L~(O.R. ,-- ~.: COUNTY ROAOWA Y; EASEMENT ~ + [ SCALE: ~"= I00' ~(0 R ~735, PG. 2042) \ . , IEXHIBIT "A- 1" MA TCHLINE SEE SHEET I OF 3 _-~. -"' BEARINGS ARE BASED ON THE FLORIDA 5'TA'~ PLAN COORDINATE SYSTEM, E . PREPARED BY: 5H£~/ 2_f-,, OF ~T 1 SCALE: I"/~ 100' -' - DRA~ ~ JAN ',. DATE: .NbE 9. ~999 CHECK~/BY: ~ "PROJECT NO.: 7~ FILE ~ 7~74 ACAD NO: ' 7274-10B I E,.HIBIT ~q PROJECT: NO. 60071 PROJECT PARCEL NO: gJ~TC,, TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESC,elPT~O,"? OF COUNTY UTILITY AND DRAIN,aGE EAS£MEf',JT A COUNTY UT~LITT' AND DRAINAGE EASEMENT OVER, UNDER AND ACROSS T~E WEST 30 O0 FEET OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 49 SOUTH, RA,~'GE 26 E~ST, COLLIER COUNTY, FLORIDA, CO~TAIh¢ING © 91 ACRES OF LAND MORE OR LESS, SUB~,ECT TO EAS£1,4ENTS A,%~D RESTRICTIONS OF RECORD PREPARED BY: BEARINGS ARE BASED ON THE FLORIOA STATE PLAN COORDINATE SYSTEt~, EA$ ,J'~WA~/~y AGNOLI, R.S.M. SCALE:~ DRA~ ~Y~ . DATE: -~OV,' 9. 1999 CHECK~Y:~ '?ROJECT NO.: 7~41 FILE N~ ACAD NO:' 7274-10B EXH~B~T~ PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF' DRAINAGE EASEMENT (NOT A SUR'v'EY} (SEE SHEET 5 OF 5 FOR DESCRIPTION OF DRAINAGE EASEMENT) SCALE: !" = 250' SECTION 24, TOWNSHIP 49 SOUTH, RANGE 25 EAST 2.36+00 2.38+00 240+00 242+00 110' FP&L El SEMEN T (O.R. 165, PG. 317) -TRACT "g'~ (O.R. 538. PC. 964) ~ ?70' FP&:L EASEMENT [-15' ~DE U~LI~ EASEMENT 15' PROPOSED R.O.W.~ ~ (O.R. 640, PG. 232) I(O.R. 1572, PG. 899) .... ~~ , I~) -~ ~J 5EC~ON 24 X--~x t,n~t ( ~ I /SURLY BASELINE24 , ~r .... ~__~ __1__~_L& .... J} ~ ~__; ..... 1_ _ ?~I ~:5?f, OF~ p.O.B. / I LPROPOSED 30' C.U.E. AND O.E. P.O.C. / ~,~ .~c~'u~ ,= L~5' U~UTYEASEMENT N~T I ~,_.~ I ~ fCUE~ ~C~ 19 O.R. 588, PG. 524 PROPOSED DRAINAGE EASEMENT (POND) / MARIAN HOLLY LEWIS PROPOSED £1~INGSTQN VILLAGE P.U.D. MA TCHLINE SEE SHEET 2 OF 3 CURVE TABL.~ TRACT D CURVE DELTA . RADIUS ARC CHORD CHORD BEARING CI 26'13'35" 725.00 331.86 328.97 S 77'17'23" E..--'-."c .-,. C2 26'13'55" 475.00 217.45 215.5.3 N 77'17'23':-W" .::?':.'-~'~, '. '", PREPARED BY: SHEET//OF' ~.'' · ': ';[c~o~ou lb'r: ,~ /f,,'~: II/ -'' ,wmm-~ ~ J A~J~I~ ~/",/AGNOLr, R.S.M._..NO..'5335' ~mmmJJARBER & I - ~'/ . - - wmmm.m~ I SCALE. ~ .. ..... · ~?~S',[~"~¥,.~,~Z.'~i ...... , ~,.~ ...... I DRAW,~ gATE: J^~. 26. =000 ............................................. ,,.,, ........ / CHECXED.~¥:- ~A P.O~EOT NO.: / ! EXHIBIT._t~L PROJECT: NO. 60071 PROJECT PARCEL NO: g:~7A TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SK£TCH OF D,~a/NAG£ EAS£M£N'T (NOT A (SEE SHEET ~ OF ~ FOR DESCRIPTION OF ORAINA,DE EASEMENT) SCALE: 1" ~ 250' CUR~ TABLE CURVE DELTA RADIU~ ~ CHORD ~HOR~ ~E~R[NC C~ 26'13'35" 725.00 ~31.86 328,97 S 77'17'2~" E C2 26'1~'35" 475.00 217,43 215.53 N 77'~7'25" W MA TCHLINE SEE SHEET I OF ~ z ~ , WALLACE L. LE~S, JR. ~ ~ ~ MARIAN HOLLY LEWIS m PROPOSED LtVING5 TON ~ ~ ~ WLLAGE P,U.D. ~ ~ O.R. 588, PS. 524 NOR~-SOU~ QUAR~R SEC~ON LINE~ BEARINGS ARE BASED ON ~E ~ORIDA ETA~ PLAN COORDINA~ SYS~M, iiiiii~U~.~. ORA~ BY: JAN DATE: JAN. 26. 2000 Prole.~ional enlineem, pl[nner., a land sur~yom CHECKED BY: ~A PROJECT NO.: 7841 EXHIBIT Page ..~)~of ~ SECTION 19, PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF' DRAINAGE EASEMENT "THE POND" A DRAINAGE EASE,CENT OVER, UNDER AND ACROSS ALL THAT PART OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE SOUTH 00'1.3'56" EAST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 817.93 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'1,]'55" EAST ALONG SAID 14TEST LINE OF SAID SECTION 19, A DISTANCE OF 508.42 FEET TO THE NORTHWEST CORNER OF PARCEL "BB", ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK 1`3, PAGES .]9 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'35'49'" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB" AND THE NORTH LINE OF WYNOEMERE TRACT MAP AS RECORDED IN PLAT BOOK 13, PAGES `3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A D/STANCE OF 2309.25 FEE T; THENCE LEAVING SAID NORTH LINE OF SAID WYNDEMERE TRACT MAP NORTH 00'13'`36" WEST 174.13 FEET; T~ENCE SOUTH 89',]5'49" WEST 691.70 FEET TO T~IE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY AND HAVING A RADILtS OF 72.5,00 FEET, THENCE. WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 25'13'35" AN ARC DISTANCE OF 3,31.86 F~ET TO A PC,'NT OF TRANGENCY; THENCE NORTH 64'70'56" WE~T ,~75.24 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS DF 47500 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 26'13'55" AN ARC D/STANCE OF 217.4,.,3 FEET TO A POINT DF TANDENCY, THENCE SOUTH 89',35',49" W~ST 65946 FEET TO THE POINT O? BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAIN!NO 17.77 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE FLORIDA STAT~ PLAN COORDINATE SYSTEM, EAST.- --". PREPARED BY: SHEET//~/~F" 5/' '~ : ': RFV1RION; . ~. ///1. l/'l -- . . ,- _ WA~E~_ .AGNO~[' R,SU. N0...5335 P~*~..ion.~ ~m..~. p~.'~..~., ~ ~..~ .~.yo~. DRA~~"' ""BY: ~AN DATE: JAN. 26. 2000 ~.,... ~...~ ,..~ ~. ~,~ ~..~, ~..., ..~; ..,,.., ~ .~.. ~.u.~-~u~ CHECKED BY: ~A PROJECT NO.: 7841 c.m...~., ,.~....... a.. u .., .., .. ~. ,.., (~,.,,-~ FILE NO: 7274 ACAD NO: 7274-40B EXHIBIT_ ._ PROJECT: NO. ~'"~ B PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, 'RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A SURVEY) (SEE SHEET 3 OF Z FOR DESCRIPTION OF DRAINAGE EA'.SEMENT~ SCALE: I" = 250' 0.00 ---", SECTION 24, TOWNSHIP 49 SOUTH, RANGE 25 EAST TRACT O 236+00 238+00 24-0+00 24-2+00 ~1C' F~&L EASEIviENT (O,R. 165, PG. 517) '125' FP&L EASEMENT TRACT 'E"~ (o.R. 5,38, PG. 964) 170' FP&L EASEMENT' 15' PROPOSED R.O.~-t (O.R. 640, PG. 232) 120' PROPOSED ',O.W.-x, +192.56 EAST LINE OF-~t '~ ....... SECTION LINE AND WEST LINE P.O.C. SECTION 19 t NORTI.IWEST SECTION 19 z+ ~ ~ 0.~. 5~8, PG. 524 ~ 6000 WALLACE L. LEWIS, JR. ~ ~ MARIAN HOLLY LEWIS .~ ~ ,~ NOR~-SOU~ QUAR~R SEC~ON LINE~ ~ ~ ~ ~ ~ ~ PROPOSEDviLLAGELIV/NGSTONp. u.D. ~ 0 ~ I ~ 60' PROPOSED DRAINAGE EASEMENT MA TCHUNE SEE SHEET 2 OF 3 ..~ PRE~A~ED ~: ~HEET[/ OF ~' '. . J~ . , NE . AGNOU. R.S.U. NO. 5535 IIIIlI~ SC LE.~ . .......... ~ ~.,~, .... ~ ~ ..... ~ .............. ~ .... i,,,j ........ CHECKED~Y: ~A PROJECT NO.: ~., ~"[~;~: :::'~;;~.., ~;"~ .... ~.~, ~ FILE NO:~ 7274 ACAO NO: 7274-41 SECTION PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 5KETCH OF' DRA!NAG£ EA$£M£NT (NOT A 5UFtVE'r'~ (SEE S~EET ,.,z OF ,.,z FOR DESCRIPTION OF DRA'NAGE EASEMENT) SCALE: I" = 250' MA TCHLINE SEE SHEET I OF 3 ~ O.R. 588, PG. 524 ¢ B WALLACE L. LE~S, JR. ~ ~ MARIAN HOSLY LE~S N~ 0 ~ PROPOSED LIVINGSTON ~ 0 ~ ~ ~ VILLAGE P.U.D. ~ N 00'~2'56"~ 50.00 ~STERLY R.O.~ LINE BEARINGS ARE BASED ON THE FLORIOA STATE PLAN COORDINATE SYSTEM EAS'~~/90o " '". "'"- " ' ~F~RIQN' BY: W~NE ~GNOLI, R.S.M. NO. 5335 R~& SCALE: ~ '.. ..' ~RUND~CE.~,ur~ ~r, DRA~ BY/~ ' DATE: JAN 26:2000 . .~....~.... ~ ,., .~ = ~, ~., (~,~-.~ FILE NO: 7274 ACAD NO: 7274-41 B PROJECT: NO. 60Q71 PROJECT PARCEL NO: I TAX PARCEL NO. SECTION 19, TOWNSH!P 49 SOUTH, RANGE 26 EAST COLLIER': COUNTY, FLORIDA DESCRIPTION OF DRAINAGE EASEMENT "THE CANAL" A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FQLLOW~: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, TI-tENCE SOUTH 00'13'36" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1326.36 FEET TO THE NORTHWEST CORNER OF PARCEL ACCORDING TO THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK 13, PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH g9'.35'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB" AND THE NORTH LINE OF WYNDEMERE TRACT MAP AS RECORDED IN PLAT BOOK 1.3, PAGES .3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 2.309.25 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89'.35'49" EAST ALONG SAID NORTH LINE OF SAID WYNDEMERE T~ACT MAP A DISTANCE OF 2586.55 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75, S.R, 9.3; THENCE NORTH 00'42'56" WEST 60.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 69'.35'49" WEST 2585.04 FEET; THENCE 50UTH 00'15'`36" EAST 50.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAI~.,UN'..: .356 ACRES OF LAND MORE QR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM; EA-q~"~..~$/;O.'~' ':t-, ..... · , - '. .... 113, IIIII AGNr. OLI,'R.S.M. NO, 5.335 ImBW RBE~ & · ..n..w'wwwn~:] SCALE:___J~' ', ..' Bmmmmm__RUNDAGE,,~ DRAWN B~ JAN- 'DATE: JAN.'26:2000 ~,.,.. ~...~ ,~. ~. ?,.. .... ~'......,-~,, ...,~ ~. ~*,., (.,.,,-.u, CHECK.~ BY: WDA P~-OJECT .NO.',' u,. ¢...m ,... ,o,. ,.~ ...,~..~.~. r.,.~ ..., ~ ~., I.~,),,?-,,- FILE ~: 7274 ACAD NO: 7274-41B EXHIBIT, SECTION 18, TOWNSHIP 49 SOUTH, SK,_ T,..,H PROJECT: NO. 60071 PROJECT PARCEL NO: ~,~ TAX PARCEL NO. ~ RANGE 26 EAST COLLIER COUNTY, FLORIDA OF COUNTY UTIL/TY AND DRAINAGE EASEMENT (NOT, P SURVEw~,,, (SEE $/~EET 2 OF 2 FOR DESCRIPTION OF COUNTY UT/LITY AND DRAINAGE EASEMENT) ~ CAROL A. ~~OT$ON, AS CO-TRUSTEE ~AN E. ~rOU~GER, AS CO-~RUST'EE ~ O.R, 1681, PC.;. 242 I~ + ~ o o FqoPOSED ALEXANDRIA P.U.D. 120' PROPOSED R.O.~ SCALE: 1~ = 100' I LIVINGSTON ROAD 2057) soum UNE oP S~C,ON ~.-~ iC.U.E.) ~- r~_'J~sz ~E ~Z.. _ ~ _ .......... U~LI~ EASEMENT 40' O~AINA~E EASEMENT ~ J ~ (O.R., 1572, PG. 887) (O.R. 1735, PG. 2042) ~ - -- (c.u.g.) [XH/a/r '~-~' ' ,;! - -': -_ PREPARED BY: :-'~S~ ].;,OC.~''-' '. .... ,~S~N. , ~ ~ /.J~:..~ ~ ~.: ~=l~o, I I ~V: ~ / 'P ~': :' ~.: : '" j=lj~. ~ · I I ~YN~-~. AG~I, ~.S.M..: NO. 5335 ,ww~l DE . ' , .~ . -..: -'- .... ~ I I SC,LE' 1 /~ '-,- -'.-' ====l=~u~,~ J J DRA~ ~ JAN '""DATEr.' N~V."9. 1999 c.,... ~.~ ,.,~ ,.. ,,~ ~.~, t..u ..... ...,., ~ ~,.. ~,....-=,. ] CHECKE~BY: ~A - PROJECT NO.: 7~41 r EXHIBIT_ L Page ~, of~ PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. ~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DEq_.CR,/I~T/ON OF COUNTY U T/LITV,' ,4ND DRAINAGE £ASEMEN T A COUNTY UTtLt'TY AND DRAINAGE EASEMENT OV[¢~, UNDE~ AND ACROSS THE WEST ZO O0 FEET 0¢' THE SOUTH HALF OF THE SOUTHWEST ONE-OUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION rS, TOWNSH,'~ 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA, CONTAINING 0 45 ACRES OR LAND MORE OR LESS. SUBJECT TO E4SE~4ENTS AND RESTRICT?ON$ OF RECORD Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement BEARING5 ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYST~M,'~ RUNDAGE,~ DRAWN B/~j./JAN '"DATE:' NOV, 9. 1999 Prof.s~ional engineer, plenner$ & land surveyor~ CHECKF_~/~Y: WDA PROJECT NO.: 784t , MAR EXH IBITo PROJECT: NO, ~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 .SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF' COUNTY UTILITY AND DRAINAGE EASEMENT (NOT A SURVEy) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY UTILITY AND DRAINAGE EASEMENT) L 120' PROPOSED LIVINGSTON ROA~ C) + k o ~ ~ ~ I LI~NGSTON ROAD ]~- i ~ _,u~ ~ ~ ~ ~ ~ ~ ~ .~.~ARBE~ ~ WAY~ ~.~G~OLIj~R.S.M; N0. 5335 nnn,~ 4 SCALE: 1~=**~0" ' ~.'- . -.' -' BBmaBB~RUNDAGE.~ I DRA~~,-' hATE NO~ '9 EXHIB!T_.L Page._~L.of ~ PRCJECT: NO. 60071 PROJECT PARCEL TAX PARCEL NO~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESC,~IPTION OF COUNTY U'T;L,TY AND uFC~,~.a~- ~_~._'~.~_,,,, A COUNTY UTILITY AND DRAINAGE EASE,~ENT OVE~, UNDER AND AC,~S THE ~CST 30 O0 FEET CF THE SOUTH ONE-~AL~ OF T~E SOUTH ONE-~L¢ OF T~E NORTH~ST ONE-,~UAOTER OF T~E 52UT~EST ONE-OUA~TE~ OF SE~T,'~N 18, TOWNSHIP 49 50UT~, RANOE 26 EAST, CDLL,'ER COUNTY, FLOR,'OA. CONTA~NONC 9.900 SQUARE FEET OF LANO MO~E OR LESS; SUBJECT TO EASEMENT$ ANO RESTRICT~ON~ OF RE~RD Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN COORDINA~ SYS~M,_~S~ ~NE~O. PREPARED BY: m~w.~A~Bg~ ..... ~E~ AO~OE~. ~ ao. 5}35 Pro[e,sio..~ ,n~i ..... pi ....... ~ ].~ .... yo,. CHECKED~_~A 'PROdEC[-NO,F -7~1 ~ ....... ' ........... "'"'" ' ........ ""~ ~""' (""~"-'"' FILE NO: 727~ "'~AD~b: ' 7' 7274-12 EXHIBIT Pat:le ~'~' nf PROJECT: NO. 60071 PROJECT PARCEL NO: 7~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 .?OUTH, RANGE 26 EAST COLLIER COUNT'4 FLORIDA SP~'£TCH OF TEMPOP, ARY DF~/'./EWA Y RESTORA T,'ON EASE.'.v!E'~ ~' (NOT .,~ (SEE SHEET 2 OF 2 FOR DESCRiPTiON' OF TEMPORARY DR~VE'~V'AY RESTORATION EASEMENT) HIWASSE, INC. (O.R. t695, PG. 605) EAST-WEST--,, ONE- (~IAR ?'ER ~ SECTION LINE ~ TRACT D KENSINGTON PARK PHASE ONE (P.B. 21, PGS. 62-67.) TRACT 7 KENSINGTON PARK PHASE ONE (P.~. 21. PGS. EA SI~MEN T (PLA T) .J PREPARED BY: / ~HF__~'?~/,OF,.2" il. o~o~ . .Y: ~ /~ -.-: . ' , i~ ~ SCALE://1~ ~0'" ' '. ' ................................................... ( ............ ~ CHE~E~ BY: ~A PROJECT NO.: 7~1 c.~..~., ..~..,.u...... u s., .., ,. ,., ,..: ~,~..-,,0~ J FILE NO: 7274 ACAD NO: 72,4-35 PROJECT: NO. 60071 PROJECT PARCEL NO: ~7~ TAX PARCEL NO. __ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D£c~CP,!PT!ON OF TEMPORAF~¥ DF~IV£WA ~ RE~TORA T/ON ~A~E,~ENT A ~MPORARY DRI~WAY RESTORA~ON EASEMENT O~R AND ACROSS ALL ~T PAPT OF THE 50UTH (~1'2) OF THE SOUT~ (1/2) OF ~E NOR~ST (~/4) OF THE ~OUTH~ET (~/4) OF SECTION 18, TO'SHIP ~9 SOUTH, RANCE 26 EAST, FOLLOW; COMM~NCINC AT ~E ~ST ONE-OUAR~ CORNER OF SAIO 5~CTIO~ ~8; ~ENCE SOUTH 00'09'57" EAST ALONG ~E ~T LINE OF SAgO S~CTION :g, A DISTANCE OF 990 3~ FE~T TO THE POINT OF ~ECINN*NG OF ~E EASEMENT HERE~N BEING DESCRIBED: ~NCE CONTiNU~ SOU~ 00'09'52' EAST ALONG Tl'~g ~ET LINg OF SAiD SECTION 18, A DISTANCE OF 27.41 FEET; ~ENCE LEA~NG TNE ~5T LINE ~ $AtD SECTION ~8, NO~T~ 8~'50'02' EAST 50 O0 FEET; ~NENCE NORTH 00'09'~7' ~ST 27.62 FEET. TNENCE ~OUTH 89'ZS'J~' ~T 50.00 FEET TO ~E PC~T OF 8E~iNNIN~ O~ ~E EASEMENT HEREIN DESCRIBED; CONTAINING ~376 SOUARE FEET O~ LAN~ MORE OR LESS, SUffiJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. .._-.---:_:~~,- ..--...,, -..&:,:-. ?:',.. BY: , - Profession. I en~ne~, planners. & land ~urwyom CHECKED__B~: ~A PROJECT NO.: 7841 ~ .......... , ..... , ,~..~ ,~ ~,... ~ ~,, ~,,,)~,-a,,, FILE ~:~ ACAD .NO: 7274-35 EXHIBIT Page .._~of PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECT/ON 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ZKETCH ,'DF CO5'NTY UTILITY AND DRAIN~C,E E,4ZEM£NT (NOT A (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY L'TILITY AND, DRAINAGE EASEMENT) BEARINGS ARE BASED ON THE FLORIDA STATg PLAN COORDINAT~ SYSTEM, g.A~: ~. ", Prolesslonel engineer, planners & land murveyom i / EXHI, BIT ~_.~ PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECT/ON 18, TOWNSHIP 49 ~OUTH, RANGE 26 -EAST COLLIER COUNTY, FLORIDA DESCP,,IP T/©N OF C©UN TY U T/L/TY .AND DRA/NgGE ~,z~SE,%I£,N T A COUNTY UT[LLTY AND DRAINAGE EASEMENT O~R. UNDER AND ACROSS 'rile V~ST 30.00 FEET OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTN'WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,900 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement PREP AREDBEARINGSBY: ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM,S~t_~.~(~:;,~.:?IIE:A '~. ii"~ I~emm ARBER & .ii, · .-.~¥ ': ' . L;! ';'~ ' ; ' ;:.,,~. ,. ~ - ; ..:,, . ! ! EXHI~IT~ Page .z~ ,~,'~ PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. __ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) ', ,Eo..oo H o A I N Fg~l I ~1I (O.R. 9J7, PG. 428)I reaCT D 18~ ~ ~1 ~1 ' (P.B. 21, PGS. 62-67) ~ ~ ) i. ] ~ ............ ~--~ o I ~ I ~ I o I ~DI I 20' ~UF~R~ ~ I ~ o I I · i ~ ~ · - .' .~ ' '-'. r.~.,=. ~,=,~-0~-~ ~ , I ~ , _-~. ..,: .~//;:'. ', ~o.~. ,,,. ~. ,,~,; ~ ~i '-: .'-." .... ~/.7:.'.. . " Xi'~' 2~.-'// --'. '.. ', BEARINGS ARE BASED ~RB~R ~ SCALE:~'--" '/~' :"-'" ..... " " DRA~ BY:~."DATE: NOV:'18. 1999 CHECKED B~ ~A ' PROOE~T NO.: 7841 FILE NO: 7274. ACAD NO: 7274-36 ~.,,,,~ ....... ., ~'., ...... ~t~,~'~h,, - ~ ". , ' ,:~l:.,i?? ",,i~ u~:-~l,)~:i · ..'~ ' ~Z~'-"' ".,'~ / ..,, .,?...,~ ,.?[ · f .::.. .,, . ' 'l:?,y'?'- :% . .. .; .':j';;',. :.~ [ - : ",:-~; .:': _ - ~ .~.:,,. . ,., ~..';'::,,:. '..:? .t~ ~.~'~;,.'~ ~ · . :,.~,.. ~. ~ , l , --~:'~'.'-~'::.~: - . ~--:74: ,~[~'r: -,-.~: ~,' *~&-,~..'~% ..-.. L,, ;,i ~'~i::':;~. ': EXH B ¥ SEC~ON 18, PROJECT: NO._ PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANCE 26 EAST COLLIER COUNTY, FLORIDA 60071 '770 DESCRIP T/ON OF .TEkAPORAR Y DP,,/VEWA Y RES TORA T/ON EA SEMEN T A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF THE NORTH (I/2,) OF THE SOU1H (1/2) OF THE NORTHWEST (I/4) OF THE SOUTHWEST (I/4) OF SECTt©N 18, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNT% FLO¢tDA. BECNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT T~E WEST ONE-QUARTER CORNER OF SAID SECTION THENCE SOUTH 00'09'57" EAST ALONG 7HE WEST LINE OF $AI¢ SECTION 18. A DI21ANCE OF 967 75 FEET TO [HE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESGRIBED; THENCE CONTINUE SOUTH 00'09'57" EAS~ ALONG THE WE~T L~NE OF SAID SECT¢ON 18, A DI$TANCE OF 22.59 FEET, THENCE LEAVING T~E WEST LINE OF SAID 9ECTION ig, NORP~ EAST 50.00 FEET; THENCE NORTH 00'09'57" WEST 2258 FEET; THENCE ~OUTH 89'50'02" WES7 50.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 1124 SQUARE FEET OF L~ND MORE OR LESS: SUgJECT TO EASEMENTS AND RESTRICTIO¢~S OF RECORD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM,'EA-S'~ , ' ' ~ ....... fl:~'WSlON: .J . · ~" .' .. ~-~-=-~[~GNOLI { BY: ~..// /'/ '/['. ./I .~ ' .' ~ -';;;;Iq I / ~;djAONO~I,.R.S.M..~'. ~¢~ *O · ,~,~r~ I t SCALE: . N, fLCs. flu. ~-~-~-:-~RUNDAGB ..... / J DRAWN~ DATE: NOV.' 18. 199~- ........................................................... l,,~> ........ [ { CHECKED ~fY: W~A PROJECT NO. 7.~...~,~ C,r,,,.,. o~ *¢~o,,..Uo. ,o. ~ ~.., ..~ ~" ~", ~',, <,,n~,-~,O~{ { FILE NO. 7274 ACAD NO. ~74-B~ PG. ,./7 EXH IT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COdNT¥, FLORIDA SKETCH OF COUHTY UTILITY AND DRAINAGE EASEMEN- (NOT A SC'~VEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COU'NT¥ UTILITY AND DRA,'NA,'~E EAST-V,~STj ONE-DUAR'TER SEC~ON LINE TRACT D KENSINGTON PARK PHASE ONE (P.B. 21. PGS. 62-67 PREPARED BY: ~ ~ ELFRIEDA HOUGHTON SUTHERLAND O.R. 2127, PG. 535 0 ONE-OUAR~ 120' ¢ROPOSEDJ '~ R.O.W. ~ LIViNGSTON ~, "~ ROAD £.P.&L, EASEMENT (O.R. ~37, ~G. 428) SCALE: 1' = 100' -~- ~L - Io~lS. I I OF EL~IEDA HOUGHTON SUTH£RLAND R~VOCA~LE TRUST ., ,: ,.. ~ +1 ~ ~ ~ I (c.u.E.] HOR~ F~M ~EARINGS ARE ~ASED ON ~E FLORIDA STA~ PLAN COORDINA~ SYS~M, '.., ~E~s~n.: , j ;.:-~ ' ,,..~ '.~<-. ,- ',. ~Y: . . ~.- , WAYN~ ~ AGNOLI; RS.MY'NO. SCALE: 1" = ~00~ ~'F'T C?' DRA~ BY:~-...DATE: NOV. ~. CHECKED BY: ~A ".~O~C~ FILE NO: 727~ :' A~A~e~" '727~-14 PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D:5,'~',r~'/P T/'ON OF CC;UN' TY '37,//TY ,4,U~ D,~,A/NAGE A COU,UT~' UTCLITY AND ~RAINAG~ EASEMENT OVER, UNDER 4~¢D ACROSS THE W~ST .]0.00 FEET 0~ T':E t?ORTx ONE-HALF O¢ THE NORTHWEST ONE-QUARTeR OF iHE 50UiHW~S7 ONE-~UAHF~R 0~ SECIION 18, IOWNS,~iP 49 ~OUTH, RANGE 25 EAST, COLLIER COUNTY, CONTAINING 0 45 ACeE5 OF LAN'D MORE OR LE~5, SUBJECT TO EASE&4E,WT% AND RESTRICTIONS OF RECORD Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement // EXHIBIT~ SECTION 18, TOWNSHIP 49 SOUTH, SKETCH OF PROJECT: NO. 50071 PROJECT PARCEL NO: TAX PARCEL NO. RANGE 26 EAST COLLIER COUNTY, FLORIDA TEIWPORARY DRIVEWAY RESTORATION EASEbI£',~'T (,NOT A (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORAl',~ DRIVEWAY P, EST©RAT,'ON EASEME,N'T~ JlJ~ ..... t- WAYNE D,/~GNO~ R.S.M. NO.- mmwi~ SCALE: "= '- ' .- - ' DR ~ 8 ~ATE NOV 18 1999 c..,., c,~m s.,~ ,~, ,,~ ~..,.., t.......~; ..p,... ~ ~*l m~).~-~,H CHECK PROJECT NO.: ,~~ .o.__r zg MAR 1 ~ 200O EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA D E 5 ~'.:R iP 77 0 ['/ © F TE k4 P 01~' A f? ~" D ~; VE WA ~ ~ E 5 TO ~ .4 TI 0 N E,a. ~ E M E ,"~/T A TE~PORARY DR, VEV~b~Y RESTORA T~ON E~SEMENT OVER AND ACRO55 ALL THAT PART OF [HE NO~TH (1//2) OF THE NORTHWEST (~/4) OF THE SOUTHWEST (I/4) OF SECTION 18, TOWNSHIP 49 SOc!l~, RANGE 26 EASI COLLIER COUNTY, ~LOR~DA. BEING MORE PARTtCU~ARL Y DESCRIBED AS FOLLOgS. BEGINNING AT THE WEST ONE-OUARI[R COeNER 0~ SAID SECTION 18, THENCE SOUTH 00'09'5? WEST ALO,%G THE WEST LWE OF 5A~D SECTION 18. A DISTANCE OF 2991 FEET THENCE LEAVING THE WEST LINE OF SAID SECTION 1~. NORIH 89'35'55" EASf 5000 FEET, THENCE NORTH 00'09'57" WEST 29 91 ¢EET; THENCE SOUTH 89'~5r53'' WEST 5000 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HERE~N DESCRIBED. CONFAINING 149~ $OUARE FEET OF Z~ND MO.re~ OR 5UgJLC7 rO EASEMENTS AND RESrRIC~IO¢,'5 OF RECORD BEARING~ ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM~ EAST~~ '. PREPARED BY: 5HE= ,/~ OF 2 ii!lil~,~,,~..~ ~o,~:x "- DATE: . NOV." i'8. Pro¢ ........ 1 e~g ....... pi ....... ~ ]a.d ..... yors CHECKE~Y. ~RO3~T No.I 78_4] ............................................................ FILE N 7274 ACAD NO: 7 EXHIBIT Fi PROJECT: NO ¢0Q71 PROJECT PARCEL NO: 872 TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ ''t '~" A/"\,I~; £~'~{/~,I/~.A~E EASEW, ENT DESCf:,'/,~T/C:'~' O: bO~,,?T, UT/L/Tr' ~ ~TST ~000 FEET OF 7~E W~T 264 FEET OF T~ ~Ourf~'' ONE-H~LF OF T~g $OUT~ ONE-HALF OF ~HE $OUT~W[ST ONE+OUARTE~ OF ~E NOrThWEST ONE- COUNI~. FLOR~0A: F.,BjECT ~0 EA~L~ENTS At~'~ RESTRICTIONS OF ~ECO~D 272+00 R 1732, PG 951~ 275+60.16 DOMINIQUE C. RIHS i::: O.R. 1840, PG. 89J PROPOS£D ARLING TON PARK P.U.D. SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST HIWASSE, /NC (O.R. ~95, P~. 6o5) 274+00 [- EAST ONE-QUARTER /CORNER SECTION 13, RGE. 25 E. SCALE: 1" = 80' Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement 276+00 ELFRIEDA HOUGHTON SU THERLAND SECTION LINE AND SURVEY BASELINE +90.14 0.00 EAST LINE OF~ SECTION 13 30' C.U.E O,R 1692. PG. 1149 AND D.E. [O.R 1729, WEST 30' WEST LINE OF-./ tPQ, .]95 \ SECTION 18 ~ ~ ~ X-~,,PARCEL 872 ~"-PROPOSED C.U.E. ,~ ~ ~ ~:'.:f¢ ::,5, ;:~ ~.'f:,: 5 .~ O.R. 2127, PG. 535 N 18, TO.SHIP 49 SOU~, RANGE AST BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EA PREPARED B'¢: R & ~ SCALE:~ '~." ." BmBBmm~RUNDA ,E .... ~ DRA~/B~~~; ~W' 19~ ~Of.,,i ...... ~ ...... ~ ........ ~ ].n. ..... ~or, ~ CHECK/7 BY: ~A PROJ~T NO.: 784t ~O. 5335 NO~'~. 1999 7274-15 HAR I 2000 PROJECT: NO, 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 4~ SOUTH, RANQE 26 EAST COLLIER COUNTY, FLORIDA Z, KETCH OF TE,W~ORARY DRtVEWP: ~E~T~,~AT/O,',J EA~E,'/ENT ~,UOT A (~EE ~b'EET 20~ 2 FOR DESCRIPTION O~ T~MPO2APr' D~IVEWAY RE~TOR.:T/OZ; EA~EtdENT) + ~ -- [ ~ST 264' OF SOUTH 1/2 OF SOUm 1/2 ~ ~ ~ OF SOUTHWEST 1/4 OF NORTHWEST ~/4 ~ lillE,o, - 1/// --.:.- ' Prol ....... l en~ ....... pi ....... A I.nd ..... yors DRA~ BYe'. 'DATE: NOV."18: '~99g c..,,, c...,,: ,.,t. ~o. ,,o., ...... ;,.,,....~; ...,.,. r~ ..,o, ~.,n,,,-,,,, CHECKED ~Y: ~A '-'PROJEQT-~O.: 7841 ~.~,,..~ .r ..~.......... ~ ~,...~ ~. ~. r..: ~,.~.-~ FILE NO: 7~74 ACAD NO: 7274-38 EXHIBIT c~,ECT/ON 18, PROJECT: NO ¢,QQ71 PROJECT PARCEL NO: "7"7~. TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, ,FLORIDA ~ARBER & WAYNE~AGNOEI, ~.S.M. - NO. 553b , ~ ' SCALE: ~, - '- a~RtfNDAGE,~c DRA~ BY' A " A ' " E~D~ D TE NOV 18 1999 MAR 1 A 2000 EXl-IlBIT__i _. age.~'l __of "7' PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUN ",'FY, FL ORIDA DESCRIPTION OF COUNTY UTILITY AND DP, AiNAGE EASE~/ENT A COUNTY UTILITY AND DRAINAGE EASEMENT OVER, UNDER AND ACRO~ ~E ~ST ~0.00 FEET OF TNE NORTH ONE-HALF OF THE SOUTH ONE-~ALF OF TH~ SOU~ST ONE-QUAR~R OF THE NORTH~ST ONE-QUAR~R OF SEC~ON 18. TO.SHIP 49 SOUTH, RANGE 26 EAST, COLLt[R COUNTY, FLORIDA, CONTAINING 9,900 SOUARE FEET OF LANO MORE OR LESS, SUBJECT TO EASEMENTS AND R~STRICTIONS OF RECORD S~ETCH OF COUNTY UTILITY AND DRAINAGE EASEMENT (NOT A SURVEY) SEC~ON 13, TO.SHIP 49 SOU~. RANGE 25 EAST HIWASSE, INC. (O.R. 1695, PG. 605) 276+00 278+00 ~ 280+0C EAST UNE OF ~ . ~ ( ~ oo'~5'~o"w ~ · ~ CL'~EHT ~EED OF ;?ECO~L~ DRAINAGE, U~LI~ WEST ~0' EA~;E~'ENT FOR AND MAIN~NANC[ m ~ Z ~ NAmANEL A. POL/TO MARY a. CIABA~AR/ ~ ~ ~ O.R. 394, PG. 658 O.R. 815, PG. 16 ~orpetuah ~on-exclusivo P~oPos~D ~Y~NWoO0 P.~.O. Draina~o, Utili~ and Maintonance Easemont SEC~ON 18. TO.SHIP 49 SOU~. RANGE 26 EAST BEARINGS ARE BASED ON ~g FLORIDA STA~ PLAN COOROINA~ S~M, NOLI BY: . 5~5:~ R.S.M. JJJJJJB~u~,;~ .... SCA~:~ %).~" .... ~. .%_ .: c..m ~.,~ :~. ,.~ t.=,~, t..,~ ..~: ..,,.,. ~ :,,0, j,.::~.,_:::: CHECKE~ BY: ~A .PROJECT NO:z ~1 EXHIBIT Page~D_ of.._,.~ SEC TtON 18, EASEMENT (NO~-, A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRI.~TiON OF DRAINAGE EASEMENT) Perpetual, Non-exclusive Drainage, Utility and Maintenance Easement PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA N HIWASSE, INC. (O.R. 1695, PG. 605) 286+00 ~5~1 EAST LINE OF S£CT~ON AND MAIN~NANCE EASEMENT ~ ~ ,~72. PG 354) *IN 00',5'~0 MARY A.CIABATTARI S 00'15'30"E'-j 12.46 EXIS~NG R.O. COUNTY PROJECT NO. 60111 RELA TED 60071 SCALE: 1" = 80' GROUP P.U.D. 288+00 P.O.C. NORTHI/~ST CORNER\ OF' SEC~ON 18 /--SECTION LINE AND ~ 510O.~5.~O,.E ,5~9 ~2 ~ SUR~Y BASELINE ~ ~ST LINE OF SEC~ON '18 I . I 30' PR~OSED R.O.~ P.O.B. R cou~ ~o~rc~ ~o. /~ I PINE RIDG~ ROAD P~ 811 ~ P~ 874 L P~NE ~ PINE RIDGE GOLF CENTER, LTD. O.R. 815, PG. 16 O.R. 2185, PG. 51 PROPOSED BYRNWOOD P.U.D. SECTION 18, TOWNSHI 49 SOUTH, RANGE 26 EAST'~ .' :-_-".... '.., ..:.: :.,,;~., .~//_~ BEARINGS WA ~ D,~,~( ~,?R.$.M..-NO.' $CALE:~" '-..- .... . ? .' .~=.~'~-~RUNDAGE DRAWN BY:..~_~ DAT[:'"F~OV. 10.'1999 CHECKED ~t~: WD~, PROJECT NO.:' 7~41 REVi%1ON: ¢.,~,~,~.., *.~..,.,~o- ~,o, ~ ~-, .., .. 3,- .... ~-, <,.,~.-,,,,~ FiLE NO: 727~. ACAD NO: 7274-28 EXH~T ~ PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANQE 26 EAST COLLIER COUNTY, FLORIDA NORTH H~LF O/ 7HE 5OdT~WES; ~OARZE,q 0~ T~E NORTHWEST QUARTER CF 5ECT~O~*¢ 18. TO~W~P 49 SOL'TH, RANGE 2E E~T, COlLIER COLFNTY, FLOriDA COMMENCi&,¢ AT THE NOETHWLS7 CO'~t, EF OF SA/O SECTION 18, THENCE SOUT~ 00'15'~0" ~A57 ALONG DiE ~'¢~STE,~L ~ L/NE OF SAiD SECTION D/ST4NCE OF I~1992 FEET, THENCE L~V'iI~5 5Ai~ WESTERLY lt~E OF SFCPON 1~. *~ORTH 89'~5'01" E~ST 30 00 FEET TO THE PO~'NT OF C'F T~E E~EEt~ENT hE~E,'N BEt~C T~EN'CE COh~7~',',FU/ NgR/H 89'~5'0!" EAS7 5000 FEET, i!t~NCE ~OUTh O0'!E'~O" EAST ~2 46 FEET. THENCE 5OL'T~ 44'55'01" WES/ 4~2 54 FEE/ L'/[NC/ IzD~TH 00'!5']0' ~','~ST 42 54 FEET TQ T~E POINT 0~ ~E,~tt'¢Nlt~'O EOt,'T4,'¢;',% 825 SOc~ARE mEET 0~ La~¢P &~O~E OR LESS, S[/SJECT TO E~SEI,¢E,'TTS 4ND REST~'CT,'ONS OF Perpetual, Non-exclusivo Drainage, Utility and Maintenance Easement PREPARED B:: REVISION: P6. 2000 .E~XHI._BI'T_.[~ ge_...~_o f _ "~ SECTION 15, TOWNSHfP 49 SOUTH, COLLIER COUNTY, FLORIDA SKE T,CH OF ,q/CH T- OF- WA ¥ PARCEL (SEE SHEET 6 ,DF 6 FOR DESCRIPTtCN OF' RtGHT-OF-WAF PARCEL] MA TCHLINE SEE SHEET 2 OF 6 EAST 510' OF THE SOUTHEAST QUARTER OF I SEc'rloN 1,.t 110' F.P.&L. EASEMENT 'OR. 153. PG. 311) 125' F.P.&L. EASEMENT (O.R. 504, PC. 455) 170' F.P.&L. EASEMENT (O.R E,~2, PG 31) PROJECT: NO. 60071 PROJECT PARCEL NO: [7~ ~ TAX PARCEL NO. RANGE 25 EAST · PROPO$£O ~'.O.V~ L VINGSTON ROAD j PARCEt. f?5A SCALE; 1"= 100' ~'~ ~ -c~ THE EAST 510' // PREPARED BY: SHEET //¢F 6 , c..,,., c~.~., ,.,~ ,~ .,~, ..... , ,..,,...~: ...,... k ..,., ~..n,,.-=,- CHECKED ~ WDA PROJECT NO.: :::'t ~t,4AR 1 q 20DO I EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO: 1'7.~ .~ TAX PARCEL NO. SECTION 1Z, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SK£TCH OF RIGHT-OF-WAY PAR'C£L (NOT A SURV£Y) tt (SEE ~HEET 60~ 6 FOR DESCRIPTION OF RiGHT-OF-WAY PARCEL.) MA T~UNE ~ ~T 3 OF 6 LI~NCSTON ROAD I ,,o. ~ ,~. I ~ F.P.~L. EASEMENT F.P.~L. EASEMENT ~ (0.~. ~. ~5~) ~ I PROPOSED R.C.W. ~ ~' I I L 'NGETON ROAD ~ , ~ I J EAST 510' OFImE S~EAST I i ~ ~ I~,~''°' I '~' I ~ :~ ~ ~ . , . EASEMENT F.P.~L EASEMENT 170' ~.P.~L ~ASEMENT: ~ I I I I~ ~E EAST 510' ~ PREPARED BY: ~T IZ,~F-.6.' ": ';: ~ou ~/2¢/oo ~: . /_~-_ .~_ :. : · '""ii~ ~c,~: a- :-:. "' - ..." '-' =mm= RUNDAGE,~ DRA~ ~JAN DA~:"'NOV:'g. 1999 ~.,,,.. ~.-.~ ..,- .-. ,.- · ..... ...,,....~: ...,... ~ ~,. {,.,~..,-~,,, CHECKED ~Y: WQA PROJECT NO.: 7~4~ c.~..., ..~....u...... ~ ~.~.... u ~ ,..: (~,~-~ FILE NO: 7274 ACAD NO: 7274-17B EXHI B, IT__E PROJECT: NO, 60071 PROJECT PARCEL NO: I~A TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE COLLIER COUN-i Y, FLORIDA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A (SEE SH£ET 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) MA TCHLINE SEE SHEET 4 OF 6 11o' F.P,&L. EA.~MENT j O.R. 162, PG. 205) 125' F.P.&L. EASEUENT I (O.R. 4J5, PG. 15) R F.P.&L. EASEMENT F.P.&L. EASEMENT ~ ~ 'O.R. 162, PG. 205)~ (O.R. 429, PG. 354). ] EAST 510' oF IT HE SOUTHEAST QUARTER OF SECTION ,3 I 25 EAST EAST 120' OF THE EAST 510' 120' ~O~OSED ~.0.~. LIVINGSTON ROAD PARCEL 17~A o SCALE: 1" = I00' EXHIBIT_Z PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1J, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 5KETCH OF RIGHT-©F-WAY PAR'C'£1 (SEE ~HEET 6 OF 6 FOR DESCRIPTION OF RIGhT-CF-WAY PARCEL) MA ~UNE S~ SH~ 5 OF 6 .. I ~' F.P.~L. EASEMENT F.P.&L. EASEMENT ~-', MATCHUNE S~ ~T 3 ''" 1 24/00 BY / ' .... ~csou / : Y l /:1 I ' '- m~wmBw~ SCALE' - ~RUNDAGE.~. hPA~~ D~'-' NOV :~"1999 c .......... ~ ..... . ................. . .......... ~ ~.~ (.o ........ CHECKED r EAST 510' OF THEI$OUTHEAST QUARTER OF ca I mr ~o~msasrlouA~rr.~ or s~c,o~ ~J SC~E: ~" = ~o, I ~ P~ 175A EASEMENT ~"' ~ ~ + EXI-I IB_ T Page..~z.~._o f PROJECT: NO. 60071 PROJECT PARCEL NO: 1'7~ A TAX PARCEL NO. SECTION 1J, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA $1~,ETCH OF RIGHT-,OF-WAY f~ARCEL (NOT A SURVEY! (SEE S~E£T 6 OF 6 FOR DESCRIPTION OF RIGHT-OF-WAft PARCEL) 275'1 (O.R. 2487, PG. 1483) EXHIB! T "B · R/Gl-IT-OF-WAY OEDICA TION COUNTY PROJECT NO. PINE RIOGEI ROAO + 110' I 125' I F.P&L. EASEMENT FP.&L. EASEMENT (DR. 17, PG, ~$$) (OR, 45t, PG~ 207) 155' I FP &L 110' . . . EASEMENT EAST 510' OF THE THE NORTHEAST SOUTHEAST OUARTER OF QUARTER OF SECTION 13 PROPOSED LIWNGSTON ROAD PARCEL 175A + 25 EAST N SCALE: 1" = 100' (OR. ~62, PG. 205 F.P&L. EASEMENT ~ ' EAST 120' OF I MAT HLIN BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZO..N.E/~]/90/ :':..'. PREPARED BY: SHEET "~/OF 6 . '"" EXHIBIT__~_ SECTION 1Z, TOWNSHIP 49 SOUTH, COLLIER COUNTY, PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. ~ RANGE 25 EAST FL ORID A 60071 ITS A DESC,~,'F--'T~ON OF RIGHT-OF- WA ¥ PARCEL THE EAST 120 FEET OF THE EAST 5~0 FEET OF THE SOUTHEAST QUARTER AND THE EAST 120 FEET OF T~E EAST 510 FEET OF THE $OUTNEAST C, uARTER OF ~E NORTHEAST QUARTER OF SECTION ~5, TO.SHIP 49 ~OUTH, RANGE Z5 EAST, COLLIER COUNTY, FLORIOA; CONTAIN,'N~ 109~ ACRE~ OF LAND ~OPE OR LESS; SUBJ[CT TO EASEMENTS AND RESTRICTIONS OF RECORD Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EA$:[ Z ' ".". PREPARED BY: SHEET "C//OF 6 ."'".' . mIIIiBJARB ERI'& L/ -' EXHIBIT_~L.. PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1,5, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA SKETCH OF F~/GHT-OF-WAY PARCE~ (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-DF-WAY PARCEL) .F +91.,.,]I ~ 120.00 +37.92 TjT3~ - - + ~ .. 125' F,P.&~. EASEMENT (O.R. 558, PC.;. 964) 25 EAST N SCALE: 1" = 80' / ~. ~3~.75 ~'~.l EAST- WEST ONE- gARTER-' s~c~oN uN~ ~. o© -~ ........... ~ ~ %~ ~ ~ ~ r J.5 ..... -- ProfeasJonel engineer1, planners, & land a~rveyo~l RE~ION: __.j/2,~/oo DRAWN BY:_~L_ .."DA"~E:"'NO'V~'~g'~' lcj99 CHECKED B/T/ WDA k--PROJECT NO:: 7841 FILE NO~ ACAD NO: 7274-9 .EXH( rr_6L_ PROJECT: NO. ~0071 PROJECT PARCEL NO: TAX PARCEL NO, ____ SECTION 1,.T, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WA Y PARCEL ALL THAT PART OF THE EAST 510.00 FEET OF THE SOUTHEAST QUARTER AND T~E EAST 510.00 FEET OF THE SOUTHEAST QUAR~R OF THE NORTHEAST QUAR~R OF SEC~ON )J, TOWNSHIP 49 SOUTH. RANGE 25 EAST, AS RECORDED IN OFFICIAL RECORD BOOK 1695, PACE 505, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PAR~CULARLY DESCRIBED AS FOLLOW; COMMENCING AT TH~ NORTHEAST CORNER OF TRACT 7, KENSINGTON PARK PHASE ONE. ACCOROING TO Tm~ PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAG~S 62 ~ROUGH 67. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE NOR~ 00'09'67" ~ST ALONG THE EAST LIN~ OF TRACT 0 OF SAlO PLAT A DISTANCE OF ~30.00 FEET TO THE POINT OF BEGINNING OF TH~ PARCEL HEREIN BEING DESCRtBE~; THENCE CONTINUE NORTH 00'09'57" ~ST ALONG A LINE THAT IS ~20.00 FEET WEST OF AND PARALLEL ~TH THE EAST LINE OF THE SOUTHEAST ONE-OUARTER OF SAID SECTION lJ, A OISTANCE OF 73.49 FEET TO AN INTERSECTION ~TH ~E EAST-~ST LtNE-OUARTER ~ECTION LINE OF ~AID SECTION THENCE NORTH 00'15'J0" WEST ALONG A LINE THAT IS 120.00 FEET ~ST OF AND PARALLEL ~TH THE EAST LIN~ OF THE NORTHEAST ON~-OUARTER OF SAID SECTION 1~, A DtSTANCE OF 330.97 FEET; THENCE LEA~1NG SAID UNE SOUTH 12'09'07" WEST 54.67 FEET, T~ENCE SOUTH 00'~5'30" EAST 277.66 FEET TO AN ~NTERSECTION ~TH SAID EAST- ~EST ON~-OUARTER SECDON UNE, THENCE SOU~ 00'09'57" EAST 7J. 61 FEET TO AN IN~,?SECTION ~ THE NORTHERLY LINE OF SAID TRACT D; THENCE NORTH 89'50'24" EAST ALONG SAID NORTHERLY LiNE OF SAID TRACT D, A DISTANCE OF 11.75 FEET TQ THE POINT OF BEGINNING OR ~E PARCEL HEREIN DESCRzBED, CONTAINING 4440 SOUARE FEET OF LAND MORE OR LESS, ~UBJECT TO EASEMENT~ AND RESTRICTIONS OF RECORD. Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement BEARINGS ARE BASED ON ~E ~ORIDA STA~ PLAN COORDINA~ S~, EAS .: ...... ~RUNDAGE .... DRA~ BY/~' ."B~TE?'~QV,~9:1999 Professional engineer, plenners. & land su~yo~ , 7274-9 C PROJECT: NO. ~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY'REq~TORATtON EA$£MENT (NOT A EURVE~) SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) g 15' PROPOSED +52.59 120.00 +74.23 120.00 105' EXISTTNG R.O,W. U~INGSTON ROAD COUNTY ROADWAY EASEMENT SCALE: 1"= 60' o + 170' F.P.&L, EASEMENT ('O.R, 640, PO, 232) FLORIDA POWER ~ ~' E~S~NC R.O.~- -- ~ COUN~ PRO'CT ~ ~ UGHT COMPANY No. ~, =~ --' ...... (O.R 640. PG 229) U~CSTON ROlO ~ ~"". ~ ~, ' ~ PHASE ~E m~ - ..' I. ' * ~' ~~-'. ...... ,-.' ..t ",~' -~-.' ~.', ';'"'~ I IsCA~'~~ =' '~"'"'"' ' :"~" = ' DATE: NOV. 12. 1999 c.,,,.. :...,., ,.,~ ,~. ?,., ...... '"". "'~:" ..... ~ ~," (,,, ,.,-,,, I I CHEC;~ BY:BY: ~A PROJECT NO,: ........................................ , ....... j I FILEC7: 7277; ACAD NO; 7274-29 EXHIBIT ,'q PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO, SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA D£~C,~/P T/ON OF T£MPORA,R Y DRiVEWA¥ ~E~TORA T/ON ~E.9~EN T 4 TEMPORARY DRI~WAY RESTORATION EASEMENT O~R AND ACR05~ ~LL THAT ~ART OF ~ECTION 25. TO~SH~P ~ ~OUTH, RANGE 2~ EAST. COLLIER COUNTY. CLORtDA. ~EINC MORE PARTICULARLY DESCRIBED AS FOLLOW' COMME~CINC AT T~E NOR~EAST CORNER OF THO~E LAND5 A5 DESCRIBED iN ~FICiAL RECORD BOOK 540, PACE 229, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDa. THENCE NORTH 00'16'00' ~ST ALONG A LINE THAT IS 105.00 FEET ~ST OF AND P~RALLEL TO ~E EAST LINE OF SAID SECTION 25 A O/STANCE OF 4008~ FEET. THENCE LEA~NG ~AID PARALLEL UN~ SOUTH 89'4~'59" ~5T 15 00 FEET rD THE POINT OF BEGINNINC OF THE EASEMENT HEREIN ~EING DESCRIBED. THENCE CONTINUE 50UTH 89'43'59" ~T 4109 FEET; THENCE SOUTH 00'16'00" EAST 78.~6 FEET. THENCE NORTH 89'43'59" EAST 4109 FEET, THENCE NORTH 00'15'00" ~ST 7~E FEET ~0 THE POINT OF ~EGINNtNC OF rile EASEMENT HEREIN DESCRIBED; CONTAINING Z219 SQUARE FEET OF [AND MORE OR LESS; SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORD BEARINGS ARE BASED ON ~E FLORIDA STA~ PLAN COORDINA~ 5~M, EAS~ ZONE 8J/9~A , PREPARED BY: SHEEt:~ ~F'~2 ' · amaama~RUNDACE,~c SCALE: N,~,S, . DRA~ BY: Pro[esa,onat engineer, pienne~. ~ tana surveyors CHECKED BY: ~A PROJECT NO.: C 7,r:t!,: ~ - ' -/· ' 14 2000 EXHIBIT · Page ~,x~.-of PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO, SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCr~ C'F SLOPE EASEtCENT (NOT A (SEE S,~£ET 4 CF 4 FOR OESCRIPTION OF SLOPE EASE~,4ENT) MA TCHUNE SEE SHEET 2 OF 4 , ~') I ~ ~ SCALE: 1"= ~00' ~ ~: , PROPOSED ~0'~ PROROSED R.O. F.P.~L E~SE~ENT F.P~L EASEMENT ~ 170' ~.P.~L. EASEMENT U~0 I _~o~ I 0~_~ ' ~ ' ~<~ M ~ /~ ~ ~ /, /---.~. I I ~~ ~'~v'/' "-. - PREPARED BY: 5GNOLI, R.S.M.~- . prolession~l e~mee~, pt~nners & ~nd surv~yo~ CH~OK~ ~Y: ~A ~ROd~OT NO.:~ EXHIBIT_x~L_ Page ~ ~,_of~ PROJECT: NO. 60071 PROJECT PARCEL NO: 5'75A TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA S/KETCH OF ELOPE EASEMENT (~IOT A SURVEY) (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASEMENT) MA TCHLINE 5E'E SHEET ~ ~ 4 . PROPOSgD R.~. W. EASEMENT ~~ 205~ ~O.R. I~2, P~. PG' ~ T I ~ SCALE: I" 100' ~ - ~ , ' [~1. ~ ~, ,,o. I '~' I I ~ F.P.~L. I~0' F.P.~L. EASEMENT EASEMENT F.P.~L EASEMENT I~°'"' "~' ~' ~"~t to'"' ~o,. ~. '~1 r~'*' "~' *~' ~'~ I I I I - ~o~ ,o.- _1 ~ P~ 575~ ~E EAST 510' I I I I I I 1 MAmUNE ~ ...... w~.c:~.oD, ..s.~.--~o.-~" iiiiiiB ~'::~>-'.'- ...... :'"' RUNDAGE,~ ' ' DATE: FEB. 8. 2000 c*--~ ,-,~ ~. ,.~ .~,~, ...., .*~, ....-. ~ ~,~ ~,.,~.-~,,, CHECKE~Y: ~A PROJECT NO.: 7841 ~.~,~., ..~......... ~ ~.~ ... ~ ~., <.,~-~ FILE NO: 7274 ACAD NO: 7274-42B L EXHIBIT~ PROJECT: NO, PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE £ASEMENT (,~OT A SURV£Y) [I (SEE SHEET 4 OF 4 FOR DESCRIPTION OF SLOPE EASE~ENT] 110' F.P.g~L. EASEMENT O.R. 162, PG. 205 125' r.P.~L. EASEMENT (O.R. ,~35. PC. 15) N ,..~ u~ c: SCALE: 1" = I00' EAST ~2o' o~ I ~20' I PROPOSED R.O.W, LI~NG~TON ROAD ~1 I ~l -~ ........... [_:.:. :..?:,, -., MA TCHUNE SEE SHEET 2 OF 4 -' -, .':., "J,"-.',' ". BEARINGS ARE BASED ON THE FLORIDA STATE PLA~: COORDINATE SYSTEM, PREPARED BY: ' llI~,~RBZR, ~ SCALE:~ .,' '_' ' .... ' ' ' ,,!l!!iB,~,.,,,:,,~,:..,,. ORA. ~.. JAN '-'"'-DA.T.E_:. FEB.' 8. 2000 FiLE NO: 7274- ACAD NO: 7274-42C EXHIBIT R PROJECT: NO. PROJECT PARCEL NO: 57~A TAX PARCEL NO. SECTION 1J, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1.z, TOWNSHIP SOUTH, ~NCE 25 EAS~ COLLIER COUNTY, FLORIDA, ~EINC MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT TH~ SOU~EAST CORNER OF SAID SEC~GN 13, THENCE NORTH BB'56'4t" ~ST ALONG THE SOUTH LINE OF SAID SECTION Iff, A DISTANCE OF 12003 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HERE~N BEING DESCRibED; THENCE CONTINU~ NORTH 88'56'4~" ~ST ALONG 5AID SOUTH UNE OF SAID ' SECTION I~. A DISTANCE OF I0.00 FEET; THENCE LEA~NG 5AID SOUTH LINE OF SAID SECTION ~3, NOR~ 00'09'57' ~ST 21~4.87 FEET TO AN IN~RSECTION ~TH ~E SOUTH LINE OF TRACT 7, KENSINGTON PARK, PHAS~ ONE ACCORDING TO ~E PLAT ~EREOF AS RECORDED iN PLAT ~00K 2~. PACES 62 TNROUGH 67, PUBLIC RECORD5 OF COLLIER COUNTY, FLORIDA, THENC~ NOR~ 89'50'02" EAST ALONG 5AID ~OUTH LINE OF SAID TRACT 7, A DISTANCE OF 10.00 F~ET TO THE SOUTHEAST CORNER OF SAID TRACT 7. THENCE 50U~ 00'09'57' EAST 21~5.08 FE~T TO ~ POINT Oc BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2~,350 SOUARE FEET OC LAND MORE OR LESS, SUBJECT TO EASEME~T5 AN~ ,~jSTRIC~ONS OF RECORD p-%":7'" . , ~ ,~~ .-~ ~ BEARINGS ARE BASED ON ~E ~ORIDA STA~ PLAN COORDINA~ S~M, ~~~/~ PREPARED BY: 'SH~'~"~7: ~--- -"'C~' '] '" '- SCA~:~/ N.T.S. ",," -- ''" .-" DRA~BY:~ ' DATE: FEB. 8. 2000 c..,.. ~.~ ~.,~ .~..,~ ~..,.., ~.......~, ...,... ~ ~,~ ~*.,~--~,- CHECKED BY: ~A PROJECT NO.: 7841 c.~..~., ..~....~.... ~ ~ ..~. ,~ ..., <~,).._~ FILE NO: 727¢ ACAD NO: 7274-42C PROJECT: NO. 60071 PROJECT PARCEL NO: 5?5 B TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SKETCH OF' SLOPE EASEMENT (NOT A SUR'/EY~' ('SEE SHEET 5 OF 5 FO~ DESCRIPTION OF' SLOPE ME NOR~£ASTI OUAR~R OF SEC~ON 15 i PROPOSED i SLOPff £ASEM[NT · . . ~ ~ ~ 125' F.P.,~L. EASEMENT 110' F.P.&L EASEMENT 'O.R. 162, PG. 205) I I + 120' PROPOSED R.O.W. LIV1NCSTON ROAD ~20.00 +3792 13175 o + EAST ~20' CF THE EAST 5~0' EAST SCALE: C~ 1"= 100' I PREPARED 8Y: ~~'._~F~':':-.:::''', mmmm~ SCALE: ~/= 100' m.mm.m~RUNDAG~,mc DRA~~" DATE' FEB "'B' 2000 ~' ~.~-~ .~',~.*~',.~:: ~:["~ .~'., ~'"' ~ ~.~'= ~:~2:~: FILE/0: 7274 'A~'~-O: 7274-44A SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 COLLIER COUNTY, FLORIDA SK£TCH OF SLOPE £ASEM£NT (~lOT A 5URV£Y) (SEE SHEET 6 OF 6 FOR DESCRIPTION OF SLOPE EASEMENT) 110' I 125' I F.P.&L EASEMENT I F,P,&~.. EASEMENT j¢OIR~ :Zl. PC. ,~)] (O.R. ,:~. PC. S 89'25'42"i ~g OO PREPARED BY: I E P&L 110' . . . EASEMENT O.R. 162, PC. 205) PROPOSED SLOPE EASEMENT PARC~ 575B 120' PROPOSED R.O. LI%4NGSTON ROAD g I 125' F.P.&~ EASEMENT EAST 120' OF' ~E EAST 510' MA TCHUNE SEE SHEET BEARINGS ARE BASED ON THE F'~ORIDA STATE PLAN COORDINATE SYST F~F Vi~gl~l~'' j PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. EAST N SCALE: 1" = 100' BY: ..... .. NO3, 5335- DATE: FEB," 81 2000 BY: WDA '.'-~ROdEC]'.~O.: 7841 i ): 7274- A(~,~I~' 'hi O: 7274-4-4B j L PROJECT: NO. 60071 PROJECT PARCEL NO: ~ TAX PARCC'L NO. SECTION 1,5, TOWNSHIP 4:9 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA D£SCrR!PT~ON OF SLOPE EASEMENT ALL THAT pART OF THE SOUTHEAST QUART[R, AND ALL THAT PART OF ~'IE SOUTHEAST QUARTER OF THE NORTHEAST OUARTER OF SECTION 13, TO~NSHIP 49 SOUTH, RANGE 25 EAST, LOLL;ER COUNTY, ~LORtDA. BEING MORE RARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER QF TRACT 7, KENSINGTON PARK, PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ~OOK 2I, PACES 62 THROUGH 57, PUbLiC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE NORTH 00D9'57" ~ST ALONG THE EAST LINE OF TRACT D QF SAID PLAT, A OISTANCE OF 150,00 FEET TO AN INTERSECTION ~TH THE NORTH LINE QF SAID TRACT D OF SAID PLAT; THENCE SOUTH 89'50'24" ~ST ALONG THE NORTH LINE OF SAID TRACT D A DISTANCE OF I1 75 TO ~E POINT OF BEGINNING OF THE EASEMENT HE~EIN ~EING DESCRIBED; THENCE CONTINUE SOUTH 89"50'24" ~ST ALONG ~[ NORTh LINE OF SAID TRACT 0 A DtSTANC[ OF ~000 FEET; THENCE LE4~NG THE NORTH LIN~ OF 5AtO TRACT O NORTH 00'0~'57" ~ST 73 4~ FEET TO AN ~NTERSEChON ~TH THE EAST-~ST QUARTER SECTION LINE OF 5A~D SECTION THENCE NORTH O0'~5'flO" ~ST 27874 FEET: THENCE NORTH 12'09'07" EAST 54,67 FEET; THENCE NORTH 00'15'30" ~ST 98959 FEET TO AN INTER~ECTION ~TH THE SOUTH LINE OF THE NORTHEAST QUARTER OK THE NORTHEAST Q~ARTER O~ SAID SEC~ON 13; THENCE SOUTH 89"23'42" EAST ALONG SAID ~OU~ LINE OF' SA~D NORTHEAST QUARTER ~HE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF ~0.00 FEET TO AN INTERSECTION ~TH A LINE THAT IS 1200Q FEET ~ST OF AND PARALLEL ~TH THE EAST LZNE OF THE NORTHEAST QUARTER O~ SAID 5[CT~ON 13; THENCE SOUTH 00'15'30" EAST ~LONG SAID LINE THAT rS ~20~0 FEET ~ST OF AND PARALLEL ~TH THE EAST LiNE OK THE NORTHEAST ~UART~R O~ SAID SEC~ON 13, A DISTANCE OF 330.97 FEET; THENCE LEA~NG SAID PARALLEL LiN[ SOU~ 12'09'07" ~S~ 5457 FEET: TNENCE SOUTH 00'15'30" EAST 27756 F~ET TO AN INTERSECTION ~TH THE EA~T-~ST CuA~TER SECTION LINE OF SAID SECTION 13; [NENZE SOUTH 00'09'57" EAST 7~61 FE[T TO THE POINT OF ~EGINNING OF THE EASEMENT HEREIN DESCRIBED: CONTAININ~ ~3,~65 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS O~ ~ECORD PREPARED BY: BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, ~"A$~ ~O.'.".,~ WAYN~D. ~GNOLIj,~.S.M:/: NO~ 5335 SCALE: ~' ' ...... .-'. ~- -? DRA~Y: J~N ", DATE: FEB,' 8. 2000 CHEC~D BY:L~A "-P~OJECT-~O.: 7841 FIL~O: 7274 AC~: ~'0: '7274-44B ;NOL! ~RBER ~& NI F~,~ %1(3N· PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1,.7, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 5k,'ETCH OF $LC~£ EASEMENT (,WOT A SURVEY) ($£E SH£ET 2 OF 2 FOR DESCRIPTION OF $LOPE EASEMENT) I t : I SLOPE EASEMENT I ~:::a ~ ~, I [ '1 HIWASSE, lNG, ~ I ~ BEARINGS ARE BASED ON ~E FLORIOA STA~ PLAN COORDINA~ S~M,.:EAST' ,/ RUNDAGg,~. DRA~ BY:~' D~E:"~B. B. 2000 EXHIBIT' PROJECT: NO. ~ PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNT'C, FLORIDA DESCRIPTION OF SLOPE EASEM£NT THE EAST 10 O0 rEEf OF TRACT 7. KENSINGTON PARK, PHASE ONE, ACCORDING TO THE PLAT TH~REO~. AS RECORDED ~N PLAT BOOK 21, PAGES 62 THROUGH PU~LIC RECORDS OF COLLIER COUNT% FLORIDA; CONTAINING JO00 SOUARE CEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYST[M,c'~,'~ST.'f~70~"E S.~./90,'.', L,-' ". PREPARED BY: ~EE'~*,~F~:2;'/ ": ,..' m.11111 so LE. .¢.,. ...... .. - - ~'..~=...:"':~.%~2=::'~:"..,%~'-"~%',,=1~:g:I 1FILE NO: 727- v ---4 ACAD,NO: ,;'7274-43 / EXHI_.BIT~ PROJECT: NO, 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 1J, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA .SKETCH 0;' TEM~gRAR¥ DRIVEWAY RESTORATION EA.SEM~NT (NOT A (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DR,'V£WAY RESTORATION EASEMENT) ~25' F.P~ 125' F.P.~L. EASEMENTI ONE-QUARTER SEC~ON LINE +55.56 120.00 " _~',~', ~..~.:~:..~ic./',:' DRA~ ~ daN. '<: ~A'T~:'L~V. ~' ~'~ ,~",~;~ ~:"2~'~'.. "~ ..... ~.', ~[)"~:~'~ FIL~: 7274 "~CAD NO:' ' 727.-33 EXHIBIT_ L PROJECT; NO. 60071 PROJECT PARCEL NO: ~ TAX PARCEL NO. SECTION 18, TOWNSHIP 49 50UTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DEq_CRPT,'ON OF T£MPCRA,~,Y DR~V£V~,A ,~E~TORATION EA_£ ~_, A TEMPORARY' DRIV[WAY RESTORATION EASEMENT OVER ANO ACROSS ALL PLAT ~EREOF AS RECORDED IN PLAT BOOK 21, ~GES 62 THROUGH 67, PU~L,'C RECORDS OF COLLIER COUNTY, FLORIDA, ~EINC MORT PAR~CuLARLY DESCRIBED AS ~OLLOWS~ EECINNINC AT THE NORTHEAST CORNer OF TRACT 7, KENSINGTON PARK, PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ~OQK 2~ PAGE~ 62 ~ROUGH 67, PUBLIC RECORD5 OF COLLt[R COUNTY, FLORIDA, T~ENCE NORTH 00'09'57' ~T ALONG THE EAST LINT OF SAIO TRACT D, A THENCE LEA~NG 5AID EAST LINT OF SAID TRACT O SOUTH 89'50'24" ~ST 7f 73 FEET, THENCE SOUTH 00'09'57" EAST 12404 FEET TO ~E tNTERSECTION ~TH THE BEARINGS ARE BASED ON THE FI. OR/DA STATE PLAN COORDINATE SYSTEM.~'~'~.T'LZON~,/C~'/Xg.~...~' %. PREPARED BY: ',NOD BY: ./~"~._,//'-..,,~ ~,~ ~ '% :, 0.' ': *': '-T ~£~ i,& SCALE:~ ,, "". ' ."m,:') "- .-'.: .: 999 c..~., c...,r ~.,~ ==..,= t ...... t..,.. ...... ~.... ~ ~,., ~,).~-,.. CHECKED~Y: ~A ' PROJEct N0-:' 7~1 c.~ .... ~ ..~....~..... u 3.., ... ~ ~. ~..: {~,~H.. FILE NO: 7274 ACAD NO: 7274-35 EXH~B~IT_~I~_ I TRACT .3 P.O.C. // I ' , 0 50 100 rq 30.00' Roodwoy Eosement - P.O.B. f-- L2 TRACT 2 TRACT 1 0 200 SCALE IN FEET TRACT 11 Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement vingston Woods Lone) LINE ·TABLE LINE LENGTH BEARING L1 ,.30.00 NB§',32'26'E L2 99.61 SB9'32 53"W ' CURVE TABLE CURVE: RADIUS I DELTA ARC LENGTH CHORD BEARINO CHORD Cl B94.00 J 08'5!'35"t 147.92 SO4'33'15"E ,147.78 I TRACT. 1 I TRACT 12 SKETCH AND DESCRIPTION · ~'-- :-. ::.~i.i'~.,';;,;~. · E .- A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. 35 '" ¢'~'"' :"'- ' TOWNSHIP 49 SOUTH, RANGE 26 EAST ...~...:-,.,.¢,,,.,.,. COLLIER COUNTY, FLORIDA ~'' ::"?"""- JOHNSON ENGINEERING. INC. [,'~?'"' ~ *[ ' '- ............ ............ . EXHIBIT page~or qc/ Perpetual, Non-exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement Description: A portion of Tract 2, Golden Gate Estates Unit No. 55 according to the plat thereof as recorded in Plot Book 7, Page 85 of the Public Records al' Colfier County, Florida, being more portlculorly described os follows: Commence at the Northwesterly corner of said Tract 2; thence N.89'32'26"[. , along the Northerly llne of Tract 2 for 30.00 feet; thence $.00'17'27'E. for 174,67 feet, ta the POINT OF BEGINNINC of the hereln described parcel, and the point of curvature of o curve, concave Easterly, hovlng o rodlus of 994.00 feet and o central angle.of 08'31'35#; thence Southerly, along the arc of said curve to the left, for a distance of 147.92 feet sa~d arc subtended by a chord bearing $.04'53'15'/., and c chord dlstonce of 147.'78 feet, to o point of intersection with a non-tangent line; thence S.08'08'44"E. for 155.76 feet; , thence S.O6'53'O4"E. for 124,40 feet, to the point of curvature of a curve, concave Northeasterly, having a radius of 56.00 feet and a central angle of 85'34'04'; thence ~outhecsterly, along the arc of said curve to the left, for o distance of 81.68 feet said arc subtended by o chard bearing S.4B'40'06'I:',, and o chord distance of 74,53 feet, to o polnt of cusp; thence $.89'52'5.YW. fcr 99.61 feet; thence N,OO'17'27"W. for 455.2g feet, to the POINT OF BECiNNtNC; Containing 10,636.z8 square feet or 0.24 acres, more or less. NOTES: 1. THIS IS NOT A SURVEY 2. BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT 2 AS BEING N 00'17'27" W. 3. SUBdECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. NOT VALID UNLESS ACCOMPANIED BY PAGE 1 OF 2 SHOWING THE SKETCH OF DESCRIPTION AND SIGNED, DATED AND STAMPED, EMBOSSED SURVEYORS SEAL. SKETCH AND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. 35 TOWNSHIP 4-9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. ENGINE. ERe. IURYEYOR,$ AND ECOLOGISll LEGAL DESCRIPTION & SKETCH (NOT.A SURVEY) PROJECT NO. PROJECT PARCEL NO. ~-7~ FOLIO NO. THE WEST 245 FEET OF THE EAST 275 FEET OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 12, TOWNSHIP 4S SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Fee Simple Estate PINE RIDGE ROAD RIGHT-OF.WAY SOUTHEAST CORNER OF SECTION 12 SKETCH NOT TO SCALE Collier County Real Property Managemenl Department 02J17/00 11:44 AM EXHIBIT PROJECT: NO. ~71 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORPT,'CN EASE,~,4ENT (NOT A SL/F'V£',~} (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRWEWAY RESTORATION EASEMENT) o o 275' 2467, PG, EXHIBIT RIGHT-OF-WAY DEDICATION COUNTY PROJECT NO. 60111 PINE RIDGE ROAD + SCALE: 1" = 60' W~f'~.F,~...AONOLI.-R,S.~':' NO, 53~5 SCALE: ~'- .'. :..~" .-' DRAWN Bxd:._J.~J~L_.. ~)'ATE: 'NOV. 12. 1999 CHECKED BY: W~A P.~.OJECT NO,: 7841 FILE NO: 7274- ACAD NO: 7274-34 · ':; .,;;: ; PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 60071 ?11 ltu,,, OF ~,'£',VIPOR,~, F~ '~' D,OI VF WA Y RES TOP, A T/ON EA :EMEN T A TEMPORARY' DRtVEWA~, RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF [HF WEST (1/2) OF IHE NORTHWEST (t,/4) OF THE (~//4), iE~S THE NORTH 7~OO FEET, LYIN~ iN ~ECTiON 1~, TOWNSHIP 49 SOUTH, RANG[ 26 EAST, COLLIER COUNiX FLOR.~DA, ~EING MORg PARTICULARLY DESCRIBED AS FOLLOWS; COMA4ENCING AT ~,WE $OdTHW~$7 COR~E~ OF rife WLST (1/2) OF THE NORT~W&SI (1/'~) OF THE NORTHWg$T (I/~) DF SAID SECTION 18; TNENCE NORZH 00'I~'~" WE~T ALONG 7~[ WEST tiNE OF $AiD ~E~TION ~g A DISTANCE ~14 ~0 FEET TO THE PD~NT OF' ~EGI~NING OF THE ~ASLMEN~ HEREIN DESCRIBED: THENC[ CONhNOE NORT~ 00'~'~0" ~SI ALONG SAfD W~T LINE OF SAID SECTION 18 A DISTANCE OF 7B. 00 FE~T, THENCE LEAVING SA~D WEST LIN[ OF SAID SLCIION !~ NORTH EAST 617~ F~ET; THENCE SDUTH 00'1D'50" [~ST 78 OO FEET; THENCE SOUTH 89'44']0" V,'ES7 61 75 FEET TO THE POINT OF ~[Cf~N;NS OF IHE EASEMENT HEREIN DESCRtBED; CON~AINItvG 4~17 SQU~RE ~EEf OF LaND MORE OR LESS; SdB,]ECT TO EASE~fENTS AND RE5 TR¢C T,'O¢,5 GF eL CORD BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE sYST~M, 'EA$'T Z PREPARED SY: SHEET' ~//OF/ 2 ~iiHm~RUNDAGg .... ] DRAWN~ DATE:_ NOV. 1] 199~ ' 2OOO EXECUTIVE SUMMARY APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR DESIGN AND PERMITTING SERVICES FOR IMMOKALEE ROAD (C.R. 951 TO 43RD AVE N.E.) FOUR LANE IMPROVEMENTS, RFP #99-3020. OBJECTIVE: To receive Board's approval of staff' s ranking of finns for the Immokalee Road Design and Permitting Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On December 10, 1999, the County Administrator appointed a selection committee to review the proposals for RFP #99-3020, Design and Permitting Services for the pending Immokalee Road four lane improvements. RFP #99-3020 was issued, and six (6) responses were received on January 14, 2000. The Selection Committee authorization letter and staff ranking matrix are submitted as attachments. The Committee reviewed the six (6) proposals and selected the top three (3) finns for approval and contract negotiations as follows: 1. CH2M Hill. 2. Hole Montes & Associates, Inc. 3. Wilson Miller ., FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: This activity is necessary to implement the Capital hnprovement Element No. 71. This Capital Improvement Element is not currently in the Transportation sub- element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve staff's ranking .and authorize staff to begin contract negotiations with the top ranked firms beginning with the number one ranked finn for Board's subsequent approval. (2) Authorize the Chairman to sign the Standard County Agreement after the County Attorney review. SUBMITTED BY'-'~'~'P''% '""~'~--77--~ · - ...... Date: ~- Micah K. M'm{aquoi, P.E~PMP Project Manager, Public Works Engineering Depa~ment ~VIEWED BY: ¢ ~~'ff~,ff Date: ~ef~Bibby, P.E. ~ Director, Public Works Engineering Department Immokalee Road Bid No. 99-2992, Page 2 of 2 ~" ' ~ ,~3 ~,,';~ -2_ REVIEWED BY: !, . Date: ~ Stev-~ Cam~ll D~l.mct or, P~urc-hasing/General S ervic, c,ea ~ APPROVED BY: ):7-~ ~~J/,~ ~''' '-' Ed Fi~ Interim Public Works Administrator Memorandum To: Through: From: Date: Subject: Robert F. Fernandez, County Administrator Ed IIschner, Public Works Administrator..~~ Micah K. Massaquoi, P.E., PMP, Project Manager.,,//''''~~ December 1, 1999 Immokalee Road Project (C.R. 951 to 43r¢ Avenue NE) Consulting Engineering Design and Permitting Services Selection Committee Membership, Collier County Project No. 60018 In accordance with Section VII.B.3 of the counq,' Purchasing Policy, I have re',sewed the proposed membership for a Construction Engineenng Inspection Sen'ices member selection committee as listed below and request your authorization to appoint this committee for the purpose of reviewing the referenced Request for Proposals. The Committee shall include the following members: Jeffrey Bibby. P.E. Juho Ordonez. P.E. Ed Kant, P.E. Richard Hellnegel. P.E. Micah Massaquoi. P.E., PMP Gwen Butler PWED PWED Transportation Department PWED PWED Purchasing Department The committee wi]l review the proposals received and submit a recommendation to the Board of CounU' Commissioners. Upon selection of the best proposal by the Board, staff will negotiate a contract for subsequent Board approval. Upon your approval, please for~'ard this request to the Purchasing Department. Your prompt attention to this matter is appreciated. Committee appointed ~ ' and empowered by: (~ ~'"~'~d-/~ Ed ~_ .hn;r, P~'~lic Works Administrator ~obert Fernandez, County-A~inistrator Date Date Date Public Works Engineering CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: RFP TITLE: 99-3020 Design & Permitting of Immokalee Road from CR 951 to 43,d Avenue NE SIGNIFICANT FACTORS PERTAINING TO SHORTLISTED FIRMS: ApproaCh Expertise of Staff Resource Commitment SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS' Resource Commitment Appro~,,sh Project Ma~- Purchasing Agent Date Date EXECUTIVE SUMMARY APPROVE CHANGE ORDER TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a Change Order to the construction contract with Milmir Construction, Inc., for several improvements to the North County Regional Water' Treatment Plant (NCRWTP). CONSIDERATION: This Change Order will incorporate the following improvements and credit item: · Remove existing media from each of two existing odor control scrubbers (add $3,672.00). · Furnish and install an electrically-operated raw water valve for starting-up the reverse osmosis trains (add $19,332.00) · Extend the contract final completion date by 190 calendar days for completion of remaining change order work ($0.00). · Furnish and install an HDPE sleeve under the west side loading dock driveway (add $1,023.00). · Patch two plant site roadway areas with asphalt (add $3,455.00). · Furnish and install a swing check valve and associated fittings in the acid feed piping system (add $3,832.00). · Raise existing electrical junction box and conduits in the acid pump enclosure (add $2,800.00). · Provide labor ~redit for four power monitors that were not installed as originally designed (deduct $418.00). Each item is more fully explained in the attached Change Order. A summary of change orders to-date on this project is provided as follows: Amount Days to Days to Substantial Final Completion Completion Original Contract Sum of previous changes Proposed Change Order Revised Contract $13,684,984.90 410 502 $847,239.10 74 124 $ 33,696.00 0 190 $14,565,920.00 484 816 (05/14/99) (04/10/00) The recently expanded plant became'operational on the substantial completion date of May 14, 1999 (484 days into the contract). The additional time, most of which is for equipment delivery Executive Summary Approve Change Order To NCRWTP Expansion Page 2 times, is for work to upgrade existing plant equipment, which was scheduled to be completed after the plant expansion became operational. FISCAL IMPACT: A budget amendment in the amount of $33,696.00, will be required to transfer funds from Water Capital Reserves to project 70859 to fund this work. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment, and approve and authorize the Public Works Engineering Department Director to execute a Change Order for the NCRWTP 8-mgd Expansion, Bid 97-2690R, Project 70859/70828. SUBMITTED BY: Peter Schalt, PMP, Project Manager Public Works Engineering Department REVIEWED BY: REVIEWED BY: APPROVED BY: r '"'- Date: Jeff Bibby, P.E., Director Public Works Engineering Department / Paul Mattausch, Water Director Public Works Division ~' ~ .: ....-.-9 DateLT" , .~-~? F~}~ntenmAdministrator ' Edwar8 N. ' ' Public Works Division Date: Attachment: Copy of Proposed Change Order Budget Amendment Camp Dresser & McI e Inc. B~ 40 College Parkway, Sulm 202 Fort Myers, Flodda :1~919 Tel: 941 432qM94 Fa.x; 941 432-9453 February 4, 2000 Mr. Peter Schalt, PMP Collier County Public Works Eng/neering Department 3301 Tmniami Trail East, Buildi~ D Naples, FL 34112 Re: NCKW'rP - 8mgd Expansion County Bid No, 97.2690R CDM Project No, 6295-21728 CDM Doc # 1334 Proposed Change Order No. 19 Dear Mr. $chalt: Enclosed please find one (l) original signature copy of proposed Change Order No. 19 for the NCRWTP 8-MGD Expansion project. The Change Order has been executed by CDM and lVfilmk Construction. Please review the Change Order and let me know if you fred any discrepancies. If'you a~ree w/th the Change Ord,', please process and have the appropriate County graft execute the one (1) original signature copy. Upon execution oftl,.is Change Order, please make distribution accordingly (i.e., M&E, CDM and bfilmir, one copy to each) or return three (3) copies to me and I will distribute. Should you have any questions, please do not hesitate to call me. Very truly yours, CAM~ DRESSER & McI~E INC. Adam Sobolew~i, P.E. Enclosures cc: Nick Cooper, M~E R/chard Moore, CDM File: O-101, G-101.1, C-500.1WIM G-101.1, C-500.1/Field \'G azd O0 $ ~..wfit~ r~WF-WORK'XCOLLIER'~C O LL99576.doc CHANGE ORDER TO: Milmir Construction, Inc FROM: P.O. Box 9400-A 1617 Rowe Avenue Jacksonville, Florida 32208 Project Name: NCRWTP - 8MGD Expansion Construction Agreement Dated: 12/16/97 Change OrderNo.: 19 Collier County Government 3301 East Tamiami Trail, Building D Naples, Florida 34112 Bid No.: 97-2690R Date: Change Order .D~,,sc,,nptmn: (Attach justificaUon and supporting documentanon f~thxs change.) See Attachment A - Description of changes and justification / k~t~ See Attachment "B" - Summary of Supportive Documentation J _ -/ c'x~ \ See copies of Supportive Documentation attached. / ~ _ ('3 Original agreement amount ......... i. i. i. i ......... .~ ..... (....~) .~.. ~ 13,684,984190 Sum of previous change orders amount ..................... . .k~...../5.. $~ 847,239.10 This Change Order Amount [add] ............................. ..~ .... $ 33,696,00 Revised Agreement Amount ................................ ~ ........ $14,565,920.00 ~ Final Original contract time in calendar days .............................. 410 502 Adjusted number of'calendar days due to previous change orders ......... 484 626 This change order adjusted time is ................................. 0 days 190 days Revised Contract Time in calendar da?s . ........................... 484 816 Original Notice to Proceed date ................................... 01/16/98 Completion date based on original contract time ...................... 03/01,'99 Revised completion date ......................................... 05/14/99 06/01/99 04/10/00 Your acceptance of this change order shall constitute a modification to our Agreement and ~511 be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a lull and f'mal settlement of an3' and all claims of the Contractor arising out o£. or related to, the change set forth herein. including claims for impact and delay costs./-9~ ~ ~. Reconunended by: M,/~~~, .,~3~/2'~./~,/~ Date: ¢,//~' .V,/~O ' Adam~fob°lewskJ'', P.E7 . . Camp Dresser & McKee Inc ' ~" I~onald Kl°se, Vice President Milmir Construction, Inc. Date: o~////oo Reviewed by: Peter Schalt, PMP, Project Manager Collier Court .ty PWED Date:. O'~/ C~"/ Reviewed by: Date: JeffBibby, P.E., PWED Director Collier County PWED 1M~ittausch, Water Director Public Works DMsion Approved by: Object Code: (For Use by Owner: Fund: Cost Center: G;,Forms'Change Order Master.doc Revised 01/29/98 Page I of 9 Project No.: Collief£oI99s.87 Date: COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 19 ALLOCATION TO FUNDING SOURCES Change Cost/(Credit) Fund #70828 Fund #70859 Order Amount Wellfield NCRWTP Expansion Item # 1 $0.00 $0.00 $0.00 2 $3,672.00 $0.00 $3,672.00 3 $19,332.00 $0.00 $19,332.00 4 $1,023.00 $0.00 $1,023.00 5 $3,455.00 $0.00 $3,455.00 6 $3,832.00 $0.00 $3,832.00 7 $2,800.00 $0.00 $2,800.00 8 ($418.00) $0.00 ($418.00) 9 $o.oo $o.oo $o.oo TOTALS $33,696.00 $0.00 $33,696.00 Colli~..t~co199s.$7 Page 2 of 9 COLLIER COUNTY NCRWTP 8-NGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-2:[728 CHANGE ORDER NO. 19 ATTACHMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION Item No. Description of Change Cost (Credit) 1 Extend the Contract Final Completion date by 42 calendar $0.00 days from October 3, 1999 to November 14, 1999. 2 Additional labor required to remove the existing media from $3,672.00 the primary scrubber in each of the two existing odor control scrubber trains. 3 a. Repair the pneumatic tune-up valve in the pipe gallery $19,332.00 below the Process Room floor and make operational. b. Furnish and install a modified tune-up valve (electrically operated) for the RO skid trains, in the pipe galleD' below the Process Room floor. 4 Furnish and install a 6-in. dia. HDPE sleeve under the $1,023.00 driveway to the west side plant loading dock. 5 Asphalt patch two areas in plant site roads ,*'here previous $3,455.00 change order work was completed. 6 Furnish and install an additional swing check valve and $3,832.00 required fittings in the acid feed piping system. 7 Raise the existing electrical junction box in the acid pump $2,800.00 enclosure above the enclosure, extend conduits to same and pull/terminate new wire. 8 Provide the County with a credit for not installing four power ($418.00) monitors originally shown to be installed, and turn over the four power monitors to the County. 9 Extend the Contract Final Completion date by 148 calendar $0.00 days from November 14, 1999 to April 10, 2000. TOTAL $33,696.00 Collier'co199s.87 Page 3 of 9 CHANGE ORDER NO. 19 ATTA(~HMENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item No. Justification for Change 1 During the period from April 1999 through September 1999, the Contractor was requested to provide or submitted 15 cost proposals for additional work that the County desired the Contractor to perform. Of the 15 cost proposals submitted, the Contractor proceeded or was directed by the County to proceed with 11 proposals Considered on an individual basis at the time of each request and subsequent proposal, the Contractor did not request any additional time for all but one of the 15 proposals. However, the time expended in preparing 15 proposals, revising/ negotiating some of them and the cumulative effect of the additional work on the Contractor's construction completion schedule was not realized until much of the additional work was in progress. Further delays arose due to unanticipated factors and issues as explained in the Milmir request for a time extension dated September 20, 1999. These unanticipated items hindered the completion of the additional, requested work and the scheduling and completion of remaining Contract and previously approved Change Order Work (i.e., well vault #3 construction and replacement of the FRP Tamiami raw water main). At progress meeting #21, held on September 21, 1999, the County Water Department agreed to the requested time ex'tension with the stipulation that Milmir expedite cleanup and removal of construction materials and debris and stockpiled material along the north side of the plant site. 2 In performing the additional work of replacing the odor control scrubber media as approved in Change Order #18, Item No. 4, the subcontractor encountered an unforeseen condition in each of the two primary scrubbers. The existing media in each primary scrubber had apparently never been changed and was solidly caked inside each tower into a single mass. As a result, significant, additional labor and costs were incurred in the removal of existing media. A unit price per odor control scrubber was negotiated for additional labor costs to remove the old media. Media in each secondary scrubber in each odor control process train was not caked solid, and no additional labor costs were incurred with media removal from the secondary scrubbers. Colliex~co199s.87 Page 4 of 9 CHANGE ORDER NO. 19 ATTACHMENT "A" DESCRIPTION OF CHANGES AND .JUSTIFICATION (continued) Item No. Justification for Change 3 A pneumatically controlled/operated tune-up valve at the end of the RO skid process train was originally specified in the Contract Documents and was furnished and installed. Plant operations staff subsequently stated their preference for an electrically controlled valve as a more reliable and a less intricate control system. Plant staff further stated their desire to have an electrically controlled valve installed in place of the pneumatic valve. The Contractor was verbally directed to submit a cost proposal for an electrically controlled/operated valve and the County agreed to the proposal at progress meeting #22, held on October 19, 1999. The presently installed pneumatic valve also had to be repaired and made operational after the pipe gallery was flooded. 4 Plant operations staff plan to replace the existing odor control lift station pumps and force main from the lift station out to the sewage pump station in front of the plant Process Building. Replacing the force main requires crossing the driveway to the loading dock on the west side of the Process Building. To facilitate the future installation of'the new force main and eliminate having to cut through the newly overlaid driveway, the County requested that a sleeve be installed across the driveway prior to the asphalt overlay. A 6-in. dia. sleeve has been installed prior to the overlay. 5 In performing additional work as specified in previously approved Change Order No. 11, Item No. 1 (replacement of the 30-in. dia. Tamiami raw water main on the plant site) and Change Order No. 7, Item No. 1 (replacement of the 16-in. dia. concentrate headers to injection wells 1 and 2) the Contractor did not anticipate or include costs to asphalt patch driveway areas, excavated for pipe replacement, per Contract requirements. The Contractor was directed to asphalt patch the disturbed driveway areas per the Contract requirements and is therefore entitled to the additional costs incurred for placement of the asphalt patches associated with the change order work described above. Page 5 of 9 MAR 2000 CHANGE ORDER NO. 19 A'FFACHMENT "A" DESCRIPTION OF CHANGES AND ]USTIFIC..ATION (continued) Item Justification for Change 6 To enhance the reliability of the acid system operation and eliminate the potential for backflow and contamination into the acid system day storage tank, plant operations staff requested and directed the Contractor to furnish and install an additional swing check valve and associated pipe and fittings in the existing acid suction piping at the day storage tank. 7 The acid system leak at an inline system device caused acid to seep down through an electrical conduit into a main existing electrical junction box located inside the acid enclosure and behind the acid pumps During the process of removing all wire to/from the existing junction box and swabbing out conduits, the County requested that the junction box be relocated to above the acid enclosure on the north wall. Relocation of the existing electrical box above the enclosure eliminates any potential for damage to this main junction box due to an acid leak and provides improved access to the box. The relocation work involved: Disconnection of all conduits to the junction box; remounting the box above the enclosure on the north wall installing conduit extensions and reconnections to the relocated box; installing additional wire termination strips in the box; pulling all new wire into the box, and reterminating all wire. The Contractor's initial cost proposal was negotiated to a reduced lump sum cost. 8 Contract Drawing E-2 indicates that power monitors are to be installed for the four incoming FPL services and for the four plant generators. Installation and operation of the power monitors require installation and wiring of current transformers upstream (before) the power monitors. There are existing current transformers in place that will have their wiring modified to provide current inputs for the power monitors to be installed on the incoming FPL services. There are no existing current transformers for the plant generators which would provide current inputs to the power monitors to be installed for the four generators. Per'progress meeting #23, held on 11/08/99, M&E stated that the power monitors for the plant generators are not necessary, since generator instrumentation already in place provides the necessary monitoring data. The Contractor therefore turned over the four power monitors, not installed, to the County and provided an installation (labor) credit to the County for not installing the four monitors. Co1Ii¢r'col995.87 Page 6 of 9 ~~ CHANGE ORDER #19 ATTACH M ENT "A" DESCRIPTION OF CHANGES AND JUSTIFICATION (continued) Item Justification for Change 9 The current Final Completion date, including the 42-day extension previously agreed to in Change Order Item No. 1, will be November 14, 1999. The Contractor has submitted subsequent requests for time extensions to Final Completion for Contract and Change Order work and delays, incurred as described below. · Odor Control area clear well sump work: 19 days This Contract work required a 2-day plant shutdown to be scheduled at the convenience of the County. · Pneumatic tune-up valve modification to an electrically operated valve: 148 days This work is included in Change Order Item No. 3. Fabrication and delivery of the electric valve operator is a minimum of 16 weeks. The time extension requested is 154 days from 11/08/99. If Change Order Item No. 1 is approved, the 154 days is reduced to 148 days (starting from 11/14/99 instead of 11/08/99). · Additional sleeve for future odor control ii~ station force main under driveway to west side loading dock at Process Building: 1 day This work is included in Change Order Item No. 4 and has been completed. · Asphalt patch two areas in plant site roads wl~ere previous change order work was completed: 1 day This work is included in Change Order Item No.5 and has been completed. · Additional acid system check valve, fittings, and pipe in the Acid Room: 1 day This work is included in Change Order Item No.6 and has been completed. · Delay due to hurricane "Irene" preparation. 1 day Based on the time extensions outlined and subsequent to approval of the extension of Final Completion to 11/14/99 in Change Order Item No. 1, it was agreed to further extend the Contract Final completion date to 04/10/00 (148 days from 11/14/99) for completion of the tune-up valve modifications and all other remaining Contract work, Change Order work, punch list items, landscaping, cleanup, and demobilization. Collierco199s.87 Page 7 o[9 CHANGE ORDER NO. 19 ATTACHMENT "B" SUPPOR'F[VE DOCUMENTAl]ON Change Order Document Description Document Item No. Date I Milmir Construction letter requesting a 42-day time extension to 09/20/99 Final Completion. 1 Page 1 of 6 of the minutes of progress meeting #21 09/21/99 documenting agreement by the County to a 42 calendar day time extension to Final Completion. 2 Nfilmir Construction cost proposal to CDM for additional labor 09/20/99 costs associated with removal of old media from the two existing odor control primary scrubbers. 3 Milmir Construction cost proposal to CDM for repair and 10/20/99 replacement ofthe pneumatic tune-up valve in the pipe gallery below the Process Room floor with an electrically operated valve, 3 Pages I of 6 of the minutes of progress meeting #23 11/08/99 documenting County acceptance of the cost proposal to furnish and install an electrically controlled/operated tune-up valve and to proceed via change order to the Milmir Contract. 4 Pages 1 and 3 of 6 of the minutes of progress meeting #23 11/08/99 documenting installation of the sleeve on 11/09/99. 4 Milmir Construction cost proposal to CDM to furnish and install 11/09/99 a 6-in. dia. HDPE sleeve under driveway to the west side plant Process Building loading dock. 5 Pages 1 and 2 of 6 of the minutes of progress meeting #23 11/08/99 documenting required asphalt patch pavement of plant driveways where driveways were disturbed due to previous change order work. 5 Milmir Construction cost proposal to CDM to asphalt patch 11/09/99 pavement areas in plant driveways disturbed by change order work. 6 Milmir Construction cost proposal to CDM to furnish and install 10/20/99 an additional check valve, fittings, and pipe in the acid suction piping at the day storage tank in the Acid Room. The additional valve fittings and pipe have been installed. colli,.~coi99s.g7 Page 8 of 9 CHANGE ORDER NO. 19 ATTACHMENT "B" SUPPORTIVE DOCUM ENTA-I-[ON (continued) Change Order Document Description Document Item No. Date 7 Milmir Construction cost proposal to CDM for relocating the 01/07/00 existing electrical junction box to above the acid enclosure and reconnection of ali conduits and wire. 8 Pages 1 and 2 of 6 of the minutes of progress meeting #23 11/08/99 documenting resolution of the four power monitors for the plant generators specified on Contract Drawing E-2. 8 Milmir Construction credit proposal to CDM deleting the 12/02/99 installation of the power monitors for the four plant generators. 9 Milmir Construction letter to CDM requesting a 1-day time 10/20/99 extension to Final Completion due to hurricane "Irene" preparations. I. 9 Milmir Construction cost proposal to CDM which also requests 10/20/99 a 1-day time extension to Final Completion for furnishing and installing additional check valve, fittings, and pipe at the acid system day tank. 9 Milmir Construction letter to CDM requesting an extension to I 1/09/99 Final Completion to perform the clear well sump work by 12/03/99. 9 l~61mir Construction cost proposal to CDM which also requests 11/09/99 a l-day time extension to Final Completion for furnishing and installing a 6-in. dia. sleeve under the driveway to the Process Building west side loading dock. 9 Milmir Construction cost proposal to CDM which also requests 11/09/99 a 1-day time extension to Final Completion for asphalt patch paving two areas of plant roads that were disturbed by previous change order work. 9 Milmir Construction request and proposal to CDM for a 154- 11/09/99 day time extension to Final Completion for furnishing and installing an electrically operated tune-up valve. Collier ce199s.8'/ Page 9 of 9 09/20/9~ 15:20 '~904 768 6494 MILMIR CONST ~ CDM NAPLES ~001/002 September 20, 1999 Camp Dresser & MoKee Inc. 8011 Vanderbitt Beach Road Extension Naples, Fl. 34120 Attn: Mr. Adam Sobolewsld. P.E. On-site Project Manager CDM o COLLIER CO. CONSTRUCTION SVC$ CO. BID NO: 97-2690~q CDM PN: 6295-21728 Re: Request for Extension of Contract Tia~e North CotrnW Regional WTP Expansion Collier County, Florida 1999 CAMP ORES$[4~ & Mcg, EE COLLIER CO. FIELD OFFICE l~ar Mr. Sobol~,~ki: During the pa~t few monks we have experienced ntmacrous delays in a~aining completion ofo~ contract work. We feel these delays are above and beyond the control of MilmJr Construction, Inc. ~nd are hereby requesting ~n extension of cootract time to off_set their impact on ou~ schedule. Following is an itemized list ofthe delay Lssu~: l. Since attaining substantial completion we have responded to 13 additional Requests for Proposal ~nd been authorized to proceed with wor~ on 11 of these proposals. In the absence of an executed change order, we have proceeded in good faRh w/~ ~es~ various chax~es in order to expedite the project -nd address the owner~' immediate needs. ARhough we have ~dressefl the schedule impa~ of each delay individually, we have not had ~a opportunhT to address the cumulative impact of so many changes ax this crucial point in the project. While it is dJ~cult to assign a specific number o£ days to each of~e items we believe ~ ~omc level of impact has occun-ecL 2. During the sulfuric acid and caustic emergencies our personnel redirected their efforts to assist plant personnel on an as requested basis. These efforts were offered in good faith and with no request for monetary compensation, 3. Well No. 3 construct/on was delayed when Youngquist Brothers, Inc. was delayed two weeks in beginning drilling operations and an ~dditionaJ week in performing ~e video logging. These delays were a direct result of unavailable oquipment and personnel caused by the Youngquist Brothers, Inc. current workload, This delay was clearly beyond our control. 1617 ROWE AVENUE · P.O. BOX 9qOO-A · JACKSONVILLE, FLORIDA 92208 · CERT. NO. CG-C040598 TELEPHONE 904/768.2300 · 09/20/99 15:23 TX/RX N0.3367 9041768-6494 0~/20/99 15:21 ~904 768 6494 MII.21IR CONST ~ CDM NAPLES ~002/002 4. The fabrication and del/very of the additional f~ings and pipe required lo replace the fiberglass tee and pipe associated with the Tamiami raw water main replacement delayed this work for 28 calendar days plus an additional week when the plan! shutdown had to be delayed due to plant operat/ons. 5. We were forced to dewater approximately 3-miles of the Tamiami water main due to the valve west of the tee having been removed by the County to facilitate pigging operations. We were not made aware of this occurrence and had planned our operations based on the valve being in location as shown on thc contra~t drawings. Construction of well vault no. 3 was d~layed initially by the well drillin~ operations outlined in Itt~n No. 3. The construction of well vault no. 3 was further delayed by the Tam/am/raw water main ropl~_c_~ment a~ the delay outlined in Item No. 4 prevented the well vault ¢or}struction from beginning as the raw water main work took precedence over the vault excavat'/on. Additionally, we encountex~ rock excavation that was not anticipated. 7. The scrubber tower media replacement has been delayexl and e0ctendod due to the existing media being severely packed requ/ring the media to be manually broken loose for r~'moval. 8. Preparations for Hurricane Floyd as well as the heavy rains associated with the tropical ~o~,; of September 20th have caused further delays. B~scd on these indivktua~ dclays and thcir cumuhstivc impact we are respccn%lly r~luesting a 42- calendar day ex~cnsion of contract time. We believe this is a fair and equitable amount Of~ime tO offset thc impact crf thc above delays. Thank you for your consideration in reviewing this request. Sincerely yours, Vice President cc: Jimmy ~ SUpt. 09/20/99 15:29 TX/POi N0.3367 COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Tuesday, September 21, 1999 ,~ ~ 1:30 p.m. ~.,~,~' MINUTES Minutes of the prev/ous meeting: · No comments or exceptions were taken to the minutes of the previous meeting and they were accepted as written. Contractor's report on progress since the previous meeting: · Contractor provided updated schedule showing work completed. A copy is attached to these minutes. · Acid Room rework is not shown in updated schedule. Contractor's forecast ofwork to be performed in the period prior to project completion: · Updated construction schedule for remaining Contract and Change Order work submitted by Milmir at meeting and copy attached to minutes. · Milmir anticipates continuing 30-in. FRP Tamiami line replacement starting Wednesday, 09/29/99. Late entry: Postponed by plant staff'until late October 1999. Observations, issues and conflicts: · Outstanding RFIs: · None. · Outstanding PCOs: ,__, · ~'~19 .--T6 ir~c. lud~ the ~olllwing"~.' -~- Addi-tioh--al c6SB-tO r~-rn-ove old media from odor control scrubbers ($1,836.00 extra per scrubber) - Work to be completed this week. Unit cost per scrubber applies only if media is caked solid in an individual~scrubber~ ..... . ..... -~_ -~ _- · - --liMe 6xtensfc~n to Final C~mpl~fion (~2 days, ~-0.00 ~Xtra) - County agreed to the time extension with the condition that Milmir clean up construction materials, stockpiles and debris along noah border of plant site noah of existing road, within ten days. l:L..eollier~'ninutes.0 21 -Page 1 of 6- 09/£0/99 09:42 ~'904 768 6494 ~IL3tlR CONST Milmir Construction, Inc. P.O. Box 9400-A 1617 l~wC Ave. J_~.kgonv/l~l FL 32208 Phone: i904) 768-2300 Fax: (9043 768-6494 TITLe: Remove Packed Media PROJECT: N. Reg/ona~ WTP 8MGD Expansion "fO: Actn: Adam Sobolewsk/, P.]~. Camp, Dresser & Mckee, Inc. 8011 Yanderbik Beach l~ad Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 -,-,-, CDI~ NAPLES ~001/003 PROPOSED CHANGE ORDER No. 0046A DATE: 9/20/99 JOB: 980t CONTRACT NO: 9801 ~MAIN RE: PCO To: CDM From: M-II_ -MII~CO Number:. 0046A ~e to fl~e ~ ~fion of~ m~ia m s~r tour no. 1 We ~ ~~ a chan~e ~d~ f~ ~ a~ao~l ~rk ~ to ~m~ l~ ~ed ~. rm ~ ~ p~ ~1 a~ ~t ~s w~ a ~g rile ~ ~d ~ not ~w at ~ ~ ~ ~f ~ a pN~ ~ i~ ~ and ~ ~ ~ ~ on ~ n~b~ ofto~ ~t ~bit ~ "pa~" ~fion. TI~ extension of tin-~ associatexl with this proposed rJ~_ng= ord~ is part of our overall request as ~ in our letter of 9/20/99. CDM - COLL;E~ CONSTRU,.=, ,' - CO BID NO. 97-269OR CI:)M PN: 6295-21728 Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $1,836.00 Lump Tax: $0.00 Total: $1,836.00 SEP 2 o 1999 CAMP DRESSER & McgEE COLLIER CO. FIELD OFF)CE APPROVAL: ~/~D'~n~ld L, Klose, V.P. ~--~ate: 9/20/99 09/20/99 09:51 By: Date: Adam Sobolewski, P.E. NO. 336 ~;-P·/0/0' 1 09/20/99 09:43 768 0494 ~II~IR CONST ~ CD~ NAPLES 002/003 09/20/99 09:51 TX/RX N0.3366 P.002 · '1~904 768 6494 ~I LYlR CONST ... CDM NAPLES ~003/003 941~254~25 TECHNIC/~L TREATHE. NT PAGE 82 Technical' TrTeatm ent Services ~mh- CoflsLruc/.Jon., Inc. 161~ J~owe AVe. Jackson~d]~ Florid,,. 32208 Don Klose Subj~C ~ rcp~cnt Air & Water Servic Scope of wor~: Company ;'u~uwi,g ct~ge ord'~- ~ ~ xist in the towers we were trotce to occessive 's. Thefi~owing is a ~.fnuau,~ I traLn 2 c~.~~ 2 a,~ 3 fia-in-~t~'4 t'o,w~s in tO hcrm-~. 'We have, be eancd in these towcrs since new. this 09//20/99 09:51 TX/RX ........................................ :Si~,675.00 ['CC ~0 COntaCt me a~ (94I) 924-4582. NO. 3366 P.003 I ~o~ C~t m'Ch--,~,~ On:l'e~.: .......................... If Y°u ,~ ,~c~i°n reE, ardlng tkis pr°p°sal £eeI l~ector of Operado~ $975.00 ................................. sr.v!0.oo ........ s~oo'_op. Operator (~ S3250 per hour for 30 hours ........ Sut:~.O0 ~ bout for 3'O-hoots- ........... Field tech (~ 3000 per hour t'or 30 hours .................................... Mflmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Ave. Jacksonville, FL 32208 Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CHANGE ORDER No. 0047A TITLE: Tune-Up Valve Repair & Modification PROJECT: N. Regional WTP 8MGD Expansion TO: Attn: Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 DATE: 10/20/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: MILMIRCO Number: 0047A DESCRIPTION iOF PROPOSAL '.. " : , .::.::.:.. ~ We propose to flzrnish all labor and materials to complete the following scope of work: a Temporarily repair the existing air operated me-up valve. b Remove the existing air-operated tune-up valve and replace it w/th a new electric operated me-up valve. Plant overhead crane to be made available for use during installation, c. Install an AJnes pressure relief valve (DI body, fusion epoxy lined & coated, SS internals). Includes the installation of a 316 SS tee, support and accessories. Unit to be installed in conjunction v4th the existing 6"ARV upstream of the static nUxer. Blow-off piping will be sch. 80 pvc discharging to grade. A detailed cost breakdown is attached for your use in reviewing this proposal. The electric valve has a delivery schedule of 16 weeks after approval and the pressure reducing valve has a delivery schedule of 4 weeks after approval. Tiffs change can be handled as a change order (contract retainage release will not be delayed by this work)' with $100 in retain,age being held by the County to keep the contract open. If this is not acceptable then a Count)' purchase order can be issued. Per our earlier discussions we have completed the temporary modifications to the existing tune-up valve. Your prompt response is appreciated. cc: Nick Cooper, M&E NOV 1 1999 CAMP DRESSER & McKEE COLLIER CO. FIELD CDM - COLLIER CO. CONSTRUCTION SVCS Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: $19,332.00 Lump Tax: $0.00 APPROVAL: Donald L. Klose, V.P. Date: 10/21/99 CO BID NO: 97-269OR CDM PN: 6295-21728 Total: $19,332.00 By: Date: Adam 0 E E n 0 E 8 88.8 !/l E ~0/21/99 THU 12:12 FAX 8136279387 1~] 001 McDADE WATERWORKS, INC. 5410 56th Commerce Park Boulevard - Tampa, FL 33610 Post Office Box 16039 - Tampa, FL 33687-6039 (813) 740-1144 - FAX (813) 627-9387 FAX TRANSMITTAL SHEET DATE: TO: AT/N: FROM: SUBJECT: WE ARE SENDING Don, October 20, 1999 Milmk ConsU'uction Don Close Wes Burro Diaphragm Valve 9 PAGES INCLUDING TI42S COVER SHEET: Here are the cut sheets and actuator data that you requested. 6" Terms: Net 30 Del: 14-16 weeks Fob: Shipping Point Sincerely, Fig Diaphragm Valve w/EMO Modulating Service Nema 6 Enclosure Local/Remote Selector 480V 3ph 16 contact geared limit switch Tnemec 69 Epoxy Coated Approximate Freight: 6660.00 ea. 150.00 Wesley G. Burro O/ /~9 THU 12:12 FAX 81362793,~? , I L ~002 .10/21/09 12:12 FAX 8136279387 ~0 THU · 10/21/99 'I~U 12:13 FAI $1362T9387 ~00~ Limitorqu.e Modutr0mc" 20 Position Control System The Limitorque .M~utronJc 20 represents a brcakthwugh in ex:onomical, reliable analog control of valve actuators. Compact design and ~implified v. iring mcan~ it rnoun L,~ easily inside all Limitorque control compamnents. The .qolid state comparator circuit is reliable and maintenance h-cc..An analog fi_,xr)',d ~,4ves you precision contr~l from any sctpoint ctm}oller. Deadbahd control elh~finates ce~ive motor running. And, we've given you a lot there fle.,dbilitv, l~calibrati'on of standard input range is ea.qier and mor'e e~,e~.The Limitorque ModurronJe ~)0. We've made better cost control a part of better v~lvc control. Description The Limitorqu¢ Modutronic ~ position control sr..item provides the user with the capa['q'lity of c~antrollin_3 linear or rot. orr motion in re~po~e to a position demanB signal (setpoin't Col~troUcrl utilizJ~ a three-phase/AC The 1o~.'¢ ¢ircujtO' In hh~ Modutronic 20 is con,prised o! ~.olJd state d(.-viees which provide very reliable and maantenanee free serx'ice. The ~stem consists' of a main electronic compur'dtor circuJt bo~rd, electromechanical reversing stitrter and a i000 OHM ~ternal feedback signal~The ~ain ch'cult board receives a position demand sjgna, l from a setpoint process controller and ¢ompar~ that signal to tin mt~.rnal position feedback sigr~aJ frtm the ttctuator. A difference oetween the position demand and poiition feedback sig- nals. ~hieh ~reater than the set del, riband, w-ill rcxuh in a triggering o~ the ~pr~ror~riate coil of the reverser. Thi~ ~'""'~'ill pt~x.er~he moto'r'uslth full AC vehage and cause ~l~e ~otor to run until the dilrference between tl~e demand and position feedback signals is ilo;lin within selected deadband. Compactness The ModutronJc ~ is package 'cd to fit within thc actuator's control compartment on all~I..imitorquc actuator .hz. es. Field ,x , ' ' ' ,'irina'is thus szmplifiez] and u. ually limited to two leads from (,he setpoint controller and three leads to sup- plyAC Flexibility The Moduu'onie 20 standm'd input range is 4-20mA.Thls range may be easily ehan~ed by simply recalibrating to the dedred limits. [NOT~': Minimum input i~ 4m_A - m~Imum input is 20mA. Minimum span for proper control i~ 8m.~,.} Standard Control Features The control adjustment.~ described briefly in this section arc calibrated al the time of in-~xallation. Span-- The sp~ ,diuxunenr calibrates the full scale span of thc position feedback l'~tenti- omelet on the Lirhitorque unit, to align the full travel of thc actuator with the 100% po.,dtion of the demand si~lal. Zero- 'l"he zero adjustment calibrates the position feedback p~tcndometer on the Limm~rque unit. to align the minimum travel of the actuator x~ath the 0% position of the demand This control determines the mal)mitude of error fignal thot rnus~ be developed before the motor begins re rotate. The purpose of the d eadhand control is to prove n t excessive runnin~ of the motor because et' minor vurlati~'m~ in the process dcadband r,~n'.z'e is Dcadband-- '10/21/§9 THU 1~ 13 FAX 8136279387 ~00 Geared Limit Switches l, Sixteen contacts pro~}ded a_~ .,;tandarcl. 2. Fully enclosed, all-metallic, permanently gre.,se- lubrica£ed ~caring. 3. Drive taken dirccdy from actuator drive :/lee~'¢ or ~rrn .~hu~. dependin~ on actuator size. Remair~ syncl'u'o? naus with waive l:~16on m~nually oe ~l,~ctronicaliry operuted. 4. Intermittent geu. r drive -infini[cly ~dju~-table - no dumage ~hould o~er- travel occur. 5. Four indcpcn~cndy adjt~abI~ ~crafin~ positions, each ,~i[h [our con~a¢~ ,~cr position. Each c~n b~ 3rran~cd as ~.O. 6. All cont,,c~ are m~de ofhe~vy, inlaid siNer, rated foe 600 volt~. 7. Valve po~idon indication is available t;or both local -,nd remote station,,. Double Torque Sw/tch I. Emu~ fi_eh~ shul-offon valves requiring torque 2. Providc~ cmnplc~e vaZvc/acma~cr protection Ibc both directian.~ of travel. 3. 1-1carT-duty inlaid silver contacts. rated for 600 yoke. 4 Lm'ge ~cale dial and .qinl~l~. k~cking ~crew for ~ase of setting. 5. Infini£e./y adjustable over torque r0nge of actuator. 6 Equipped u,.ith to~u,~ to prcvca~t unauthorized setting beyond limit.s of valve or actuator. 7. Ail rotatir~g components are fully supported in bronze bushings. 40/21/99 THU 12:14 FAX 8136279387 ~006 An &Shdt _.Open Case For The leader InValge Actuator Manufactunng Lirrtttorque Corporat}on is thc worldk ieadin8 manufacturer of valve actuators employing the motor gear principle. From iu ,.votldwidc hcadquarmr, s in Lyncbburg. ' V-trginia. Lin',Jturqu-.. o,,cr.~ces an opcratinn with n~nufacmrlng service centers in thc U.S.A.. En,.oland. Cmmda. India. and Japan. Nineg'.one r,,ale$ ofhc~ around the world and 12 1_'.$. s'tocking distributom aisur~ timely response Io customar needs. Built to meet the mo~t rigorous industr).' standarcb and ol~rating etlv[ronlT~ent$. Limkorque actuators are t°Und wherever d.'pendahle control of valve operation js required. Among applications ,a'here l. in'&orque valve actuators are commonly utilized are thc pipchnc, pctroleum, chemical proccssing, marine, power, pulp and paper, and water ~md ~ a-qfc industries. A 250,000 sq. ft. manufacrarh~g hcilirv, to$cthcr a'ith unequalled tesrin~ and quali~/control, mssure acrt,ators that guar~mte¢ optimum performance and meet or exceed commercial, nuclear, and militar.v rcquircmcms. As a pioneer a.nd innovator in the field of valve control. Limitorque's extensive engineering experience and e~perti$c per mi~ us. a~ ~uell. to assis~ in thc deve. l~em of actuators to meet .,.'our specific, custom requircmcnu. L120 Series Electric Valve Actuators SpecificaUy Designed For AtmOst Anyming Applications Thc L 1211 .~eries actuators represent the "state of the art" in multi-turn vldve actuation and ha~e be.~n designed for operation of ;my .,'al, e mech:mi~m requiting ro~a.ry or line~ power. For direct mounted applications. non-r~.~mg stem application. ~q'~en coupled with Lir. fimrqu¢ '"F' serie~ quarter-turn ?:er operators, the combination of thc3c units c~n be u~cd ¢,n: butterfly v:.dves, ball vMves. x-u. Nc.~. dumpur drbe:, fk~p g~tus, ur simply devices requirinl: t~O° movement. General Description .-MI components ate made rio,, the high:st quality moxerials to cn~ure maximum rtliability. All unit~ are suitable for outdoor service, are v,'carberproof, and ate faczory grease lubricated for temperature rani;cs from -20*F to + lS0'E With mir,or modi- fications, ~1 units can be ~upplied for submersible or explosionproof ser,'ic¢. 10/21/99 THU 12:14 FAX 8136279387 ~007 L120 Series Actuators Ratings & Capacities I MAZIMUM STeM Ar. CEPTANCE {iff] OUTPUT 8ANDWHEEL M~IINUM MAXIMUM THR~DED BORE UNIT ~PE TORQUE THRUST ~ NUT & C~P~QITT CIPACIT~ POW~ SUPPLY SIZE (FT-LBI fLB} DRIVE 2 DRIVE ~ ~T~DARD OP~ONAL 60 ~ S¢ ~ -- LIZO-40 400 ~000 2% 2'~ t120-eO 6~ 4~000 3 L 120-1 gO 1gO0 75~ 3'~ ~, ~ ,/. 24;1 69:1 18-96 24-64 L~20-~20 4200 1~0~0 5 t z~ 26:1 . 17~1 18-7~ 24:60 L ~ 20- a 00 80~ ZSO000 S 7 34:1 202:1 12-~ 12-60 L1ZO-ZO00 ZOO00 SO0~ 6'~ 8 ~70: Construction I. Standard conaruction is dic CaST aluminum or cast iron. depending upon actuator size. 2. A high strength bronze worm ar}ct carburized hardened worm ~:umbi.ne to preside ~xtra long lite: tcstcd over 20.000 full z-amd cycles. 3. Completely reliable double torque switch utilizes heavy duty silver inlaid contacts. Thc switch is adjustable over thc cnth'e torque range of the unit and is designed For protection in both dirccdom of' travel. 4. A 600 ,,olt rated four-po.'qtinn limit switch i.~ standard on all units. Standard is ~ur. contacts pc,' rotor gi~'ing 16 contacts In total. 'l-he switch is fiJrnished with an intermi~ent gear ~aln ( all me~llic) and is t~'aJly enclosed in a suitable lubriema This switch allows Infinite adjustability over the cntiJ~ r-a.ng~ o£ rFavel. 5. All corrrpm'lment enclr.~ures ~ ~ealed by lar~ cru~ ~cdonal O-ri~ in order ~ l:m.~id¢ optimum compartment integrity. 6..-X manual dcdutch lo, ur is standard on all units, which l:~rmit~ eng-',ge- mere of hnndwheel operation. When the motor i,, encrgtged, thc unit automatic:ally rm'urm to motor operation without imparting any motion to thc himdwheel, thm'c~ i~uring pe~otmcl safety. Thc overall clutch design allows for easy c%,agemcm. 7. ,AIl shafts. Sear,, and other rolating component.,~ ar~ ~upporte..d on hc. avy- clury roller I:>~arings to provide thc highest poshble ~fficiency. $. All units ~-e supplier.[ with ~'ounding lugs and limit so, itch compartment heaters ~ .~.m:la.rd. 9. Standard electrical pack~oes are included on prlnted circuk boards with plug-in modules providing easier maintenance :md field modifications. '10/21~99 T~Li 12:15 FAI 81362?938? ~008 Integral Control Packages Standard control packages ~,re included on printed circuit boards, alleviafin$ the nco:l for hard wiring. Various control option.~ av~lable include local, pushbunon and light stations. LimJtorque's micrupru~rcssor based Mo4utronic I00-II Controller can be used to pe, skion actuator in response to analo.7, or d~gka! signals. Modmronic IO0-ri eon also bt- us,.~l in conjunction with £he DDC 10() s3.'stem to provide a complete distributed control net,~,ork. Types of Rnclosures 1. Weatherproof- Fully corfforrr, to specifications, - NEMA I, rt, IV. an V~.~.. IP68 (Tempol~l? submersion, 6 meter head for 24 hours) 2. Explosionproof - Fully con/otto ~o a.,xt are e,~r~itled by: - Factory Mutual (F.M.) for services: Class I. Gmu~ B, C. D. Division 1, 2 Class Il. Group.~ E. E G. Division 1.2 - Cimadian $~andards A-~ociation fC.$.A.) for ~rvice$: Class I, Groups C, D, Dix'i.qlon 1.2 Cla.~s II. Groups E. F. G, Di',,isian 1.2 - European CI::NELEC for servicc.~: EF_,xd.IlB.Ta CENELEC Norm ENS001$ - Jal~anese Industry .~andards (J.l.$.) t'or services: JlSd2G4 Motors The moors utilized by Limlmrque are sl'~--c~al high torque designs, specially produced for valve nctuat/nn. Mutors ~ normally supplied as thrce-phssc. 60 cycle, 460/230 vol~. Cl:,~s "F' insulation. 500'1-. sim'ting torque. 15 minute duty rated nnd include two thcrmzl overload relttys including space h~aters. Many other vn. ri~dons to thc ~tand~cl nrc available such as single phase, direct current, pneumatic and hydraulic type me, ors. Opt/on,al Accessories Many staraard and special optional accessories arc ,~,.'ailablc with this series of actuators: built-in (im~.'grally renamed) or separ-,te mounte, d reversin~ c~mtmller.~, tran.cforrners, pu~hbutton stations, hcatcr*., Floor stands, modulating carurot systems..,;peci.l motor insul- Limitorque opcrate~ z full>' quality contro! system to the highcs~ standards throughout, its ma.nufacrurin_~ facilities. The company submits itself to regular customer audits and also operates ~ystematic internal auditing procedure. E~ry phase in the production of a LimJtorque actuator is meticulously monitored. Nc~ only are the actual nmnufaeruring processes controlled. but the basic design, customer order. processing, and conformance to specifi- cation receive equally s~rin$em In ord~;r th-t our customers may satisfy themsdues as to the .~cope olrour quality c, omrol procedures, we will provide a conlrolled cot. v,.' ' ' I_l,~fft~ lll.d, · " mare detailed appraisal be req~r~ quality control procedures~-O'- ails, big. for in-hauqc inspcctio.n, r,~.~&t~. 20/21/99 THU 12:15 FAX 8136279387 Accuracy-- .System uccuracies o[ --2% ~re acki~able depending on re uired operatin~ timesg_ , 30-55 sec . . .q ...... '. -3'7° 60-120 sec ........... '~2% Position Feedback Signal (Internal) The Modutronic unit is furnished with a feedback poten- tiomcter mounted on the Lirrfitorque operator l'or use in b,q-',nclng the control circuits. An additmnal potendome- tcr can be -dded fur position indication when required by the cu.ttomer. Features The standard unit operates AC motors witl~ locked rotor currents up to 85 amps and full load currents up_ to 20 amps: approximately 100'~. Larger unit~ are a~,:ailable on special order. -- C.',n be mounted inMde control compartment on all Li. mirorque units. -- Allows control by analog .signal from setpoint controller. -- Solid state eomp~rator circuit. - No special cool,nS required other th~n to ensure maxwnum operating temperature farm., is not exceeded. Refer to entm-o~men~al spcctt:cnt,ons. Electrical Characteristics Motor line voltage: three-phase/50-60HZ,'230-~60 volts. Power supply: 120vAc 4-10%.The Modutronic 20 ,e..lec- tronic circuit board requires 120VAC control ,,'olta~e which can be obtained [rom the built-in trm~sforrr~er. Input Signal (Command) The input/command signal standard range is 4-20m~. Loss of Command Signal Standard lOSS of comm~nd signa, ls available with the Modutronic 20 u. re: -- Lock-in-la.q poxition -- Fail close on lost Either mode is selected via a 'jumper select" fcatur,-. .A/so available as an option is fail-to-preset position. Output Signal Output signal options are: -- 100OO[.-[M ~tentiometer -- R/I converter for producing I R.V.D.T. transmitter [or producing a-20rn. A Environment The Mod u trordc 20may be stored and operated under the follow'ins environmental conditions: Operating temperatures: Storage temp~rnturas: Humidity (Relative): Local Control -25° to + 65°C; STD -13° to + 150°F: STD -40° to + 85°C: OPT -40° to + 185°F: OPT -40° to + 100°C -40° to + 212°F To 95% (Non Condensing) The b~ic Modutronic 20 ~vstem includes a t"0,,o-posidon. "auto/manu',d" selector s~,,{tch, ff other ~lditionaI local control~ are required, refer to Limitorquc% ~ Push- button Station. Bulletin 420.10000. FROM : GULF STATES PHONE NO. : 941 263 7328 Oct. 11 1999 05:13PM P1 Gulf States, Inc. Phone (941) 263-7137 Fax (941) 263-7328 Mr. Don Klose Milmir Construction Co. Inc. 1617 Rowe Ave PO Box 9400A Jacksonville, Fl. 32208 VIA FACSI.MTI.E 4585 Progress Ave. Naples. FL, 34104 Stare Cenifiexi EC343 Indus~l Electrical Contractor October 11, 1999 1-904-768-6494 NORTH COUNTY REGIONAL WATER TREATMENT PLANT ELECTRIC OPERATOR FOR FV-141 Dear Don, Per your reques~ I have prepared a proposal to modify the electrical work to accommodate an electric operator on Flow Valve FV-141 in lieu of the existing pneumatic operator. QUALIFICATIONS: 1. Power is to be obtained from the nearest 480-vok source, panel PPC. 2 I b. ave not includeda new circuit breaker for this load. Jimmy Brock tells me that there is a spate breaker that can be used for this purpose. 3. The existing control panel that has the Local/Off/Auto and the Open/Close switches will be modified to signal the electrically operated valve. The new valve is to include the necessary relays and components to operate the valve. For your use I have attached a copy of my itemized estimate for this added work. Total added cost $775.00 FROM : GULF STATES PHONE NO. : 94! 263 732B Oct. 11 1999 ~$:14PM P2 PRINT ~ID Job Id 74 $15 AT00 601 TSP-~ST 01/97 Bid # 21 EX~EC OP~RA~ ~V-141 NCRWTp Expansion 11/26/97 Num Desor±~ion ~f i ~4ATERIAL TOTAL 1498 2 FIX~R~ QUOS 9999 3 S$CSTCH~EA~ QUOTE 9999 4 S~TOTAL ~ATE~IAL S~.~S TAX % 1504 7 SUBTOTAL ~TOTAL /~BOR HOURS 1499 AV~E Lc~BOR RATE 1499 10 S~TOT~L PE~%~IT & INSFECT FEE TOOLS EX~ENDA~/~ 1498 JO~ ~XI~ENSE 1499 12 13 14 15 SUBTOTAL 17 TR~qCHI~G ~ 18 SUBTOTAL Amoun~ 62.67 0.00 0.00 62.67 21.66 21.66 62.67 21.66 JOB SUBTOTAL 21 >TOTAL COST 1520 22 FLAT ~/~CUP % 1520 24 JO~ TOT2~L 26 >PROFIT 1524 27 JO~ TOTAL + I~%OFIT 1526 28 >~OlqD 1527 29 ADD ~OND 1528 30 >COST P~R 5Q FT 1529 31 >BID TOTAL 1529 32 BID TOTAL 704.30 704.30 774.73 0.'00 774.~3 0.00 774.73 774.73 Oct 11 16:47:24 1999 : I ~ ~ te Amount * i . 00 62 . 67 * 1 .00 ~ ~, .00 6.00 62.67 3.76 3.76 1.00 21.66 28.42 615.58 615.58 1.00 0.63 1.00 21.66 22.29 704.30 1.00 704.30 < 10.00 70.43 774.73 i .00 1 .00 i .00 774.73 774.73 774.73 774.73 FROM : GOLF STRTES PHONE NO. : 941 263 7328 Oct. ll 1999 05:i4PM P] ~o,L r$2'~?l~G s~l. ry b~ categary It~ I $£ze D~cr~ptlon 101 $1q~.~J~ MODI~/ CC~T~L ~A~iL 102 SI~CIAL 1~ ~OLE COVTJ~ 3032 3/4' ~ SOt 80 ~b-tOt~l 4032 3/4' ~ $C~ 80 90 ~ 5002 3/4' 5045 3/~' 5777 3/4' 5823 3/4' ~IC '/423 3/4' $.$.$~T ST.%A~S s~B.total 8083 3/4' 8103 3/4' 8123 3/4' TLF~TB/,~ CO]~UIT & FITTL~G~ LIQUIDTIT~ COi~I)U I T LIqUIDTITE ARGLE LIgU/DTIT~ ST& CO~ 601 TSP-£ST 01/97 1.00 1.00 14.999 3.00 10.00 rE.I? 0.25~55 1.00 ~ 2.29 4.00 F_..ACH 0.1175 2.00 ~ 0,2090 2.00 EAC~ 0.0617 2.00 EACH 0,0739 2,00 EAC~ 1.44 5.00 rE, KT 0.4621 1.00 EAC~ 2.3930 1.00 ~::~ 1.5829 11132 12 1~ $I~ CU 570.00 E~T 0.04241 11282 12 ~ CU 191.00 ~ 0.04241 11642 S~-R,ED 3.00 ~ 0.0987. Sub-total 16292 20/3 ~0LT-ON ~ILEAX~ Sub-total ~.o0 [AC'x[ ] Moa Oct 11 16:44:2~ 1999 PAGE: 1 ](ate:iai Latz Labor Total thait Total 4.000 4.00 14.99 8.00 8.00 1.50 4.50 14.99 16.50 2.5~ 0. O30 0.30 2.54 0.30 2.28 0.100 0.10 2.28 0.10 0.47 0.030 0.12 0.41 0.100 0.20 0.13 0.030 0.06 0.14 0,120 0.24 1.15 0.62 2.87 0.030 2.81 0.06 2.31 0.020 0.10 2.39 0.120 0.12 1.58 0.100 ' 0.10 0.32 24,17 0.004 2.28 B,10 0.004 0.7~ 0,29 0.040 0.12 32.56 3.16 [ ) 0.600 0.60 0.60 21.66 10/20/~9 WED 10:11 ~'AX 8136ZTMO87 ~uo McDADE WATERWORKS, INC. 5410 56th Commerce Park Boulevard - Tampa, FL 33610 Post Office Box 16039 - Tampa, FL 33687.6039 (813) 740-1144 - FAX (813) 627-9387 FAX TRANSMITTAL SHEET DATE: TO: ATTN: FROM: SUBJECT: Jimmy, October 20, 1999 Milmir Construction Wes Bunn Quotation 1 PAGES INCLUDING THIS COVER SHEET: Here axe a couple of options for your pressure relief valve. 1 6" Ames Pressure Relief Control Valve Ductile Iron Body Fusion Epoxy Lined & Coated SS Internal Trim / 430.00 ea. I 6" Ames Pressure Relief Conwol Valve 304SS Body w/Zinc Plated Flanges A]l Stainless Internals 2015.00ea Terms: Net 30 Del: 3-4 weeks Fob: S/P - FFA to Jobsite Sincerely, Wesley G. Bunn SINGLE CHAMBERED MAIN VALVE MODEL 905G AND MODEL 905A FLUID CONTROL SYSTEMS · Ductile iron Construction · Top and Bottom Guided Shaft · Fusion Bonded Epoxy Coating · Stainless Steel Trim · 100% Factory Tested · Seat Disc Retained on 31/= sides. The Ames Model 905 Single Chambered Main VaNe ts a hydraul~ally operated, diaphragm actuated, globe or angle style valve. It consists three major components: body, d~aphragm a. ssemlNy a~d cover. The diaphragm assembly is the only moving part. The diaphragm essembl,/ is gulded top and bottom by a precision machined stem. It ~llzes a no~-wickJng diaphragm o! nyton fabric bonded wi~h synthetic ~ubber. A resilient synthetic rubber disc retained on three and one half sides by a disc retorter torres a drip,tight seal with the renewable seat when pressure is applied ~[bove the diaphragm. The Model 905 is the basic .vaJve used in lhe majorfty of An,es Automattc Control valves. It is the vane o! choice for system applications requiring ramo~e com~, pre..~ure regulation, solenoid operation, rate of ~w control, liquid level control or check vaJve operation. The rugged simplicty of design and I:~:~Jess construction assure a long [fe of dependable, trouble tree operation. It Is manufactured from fusion bonded epoxy lined coated ducUle Iron aJ3d is avajlabie In a full range of s~zes with either screwed or tlanged ends. Its applications are unlimited. The proven design and use of stainless steel ~m m~tke thts valve the best choice for waterworks, Industrial, ~oces~ c~nttoi and reverse osmosis a4:)pIicatlons. OPEN VALVE When pressure in the cover chamber is relieved to a zone of lower pres.sure, the line pressure at the valve inlet opens the valve, el/owing full flow, CLOSED VALVE When pressure from the valve inlet Is applied to the cover chamber, the valve closes drlp-tigh~ MODULATING VALVE The vane holds any intermediate position when operating pressures ere equal above and below the diaphragm. An 1.0/20/9.9 WED 10:12 FAX 8136279~87 FLUID CONTROL SYSTEMS 0'O3 MATERIAL SPECIFICATIONS Sizes - Globe - Angle Body and Cover Coating Disc Retainer Diaphragm Washer Trim (Disc Guide, Seat and Cover Bearing) Disc Diaphragm Rubber Stem, Nut and Spring Flanges 1 1/4"- 16' z'- 16' Ductile Iron Fusion Bonded Epoxy Cas[ Iron 'Epoxy-Coated" Cast Iron 'Epoxy-Coated" Stainless Steel Buna-N Rubber Nylon Reinforced Buna-N Stainless Steel ANSI B16.42 END CONNECTIONs PRESSURE AND TEMPERATURE RATINGS End Max. Max. Connection Grade Pressure Tamp ~ ASTM A-536 250 pal -40' to 180° 300,~ ASTM A-536 400 psi -40' fo 180' FUNCTIONAL SPECIFICATIONS ' Valve Slze~ I 1/4" Inches (MM) (32) CvGlobe GalA~in 30 Ll~e rs/sec 1.89 Angle Liners/sec Equlv Length of PII:~ Globe Feet 17 Meters 5.1l:1 Angle Feet K Factor Gk3be 3.6 Angle LJq Dlsi:~aced (gals) 0.0~ f~om Cover (mi. L) 75.7 I 1/2" (4O) 32~2 41.3 r2.58 $.8 0.02 75.7 m (,5O) 21/2" 3" 4" /' 6" ~ (es) (eo) (lOO) 2.0 L 8" 10" 12" 16" (200) (2~) (3o0) (40m 48.57 I 78.54 I 108.82 lieS.47 I lsTs I I I ~.~ I ~.s' I ~.o I s$~ ~.2 .. 4.8L I 9.5L I 15.1L I L MAIN VALVE OPTIONS Delrln® Sleeved Stem The Delrin~ sleeved stem is designed for applications where water supplies contain d~ssolved minerals which can form deposits on the vah/e stem and hamper valve ooeretlon. Scale buildup wlJl not adhere to the Delrin<~ sleeve stem. Delrln sleeved stems are not recommended for valves in continuous operation where differencial pressures are in excess of 80 psi. Vltor~ Rubber Parts Optional diaphragm, disc and o-ring fabricated with Vhon® synthetic rubber. V~tor~ is well suited for use w~th mineral acids. sa~! solutions, chlorinated hydrocarbons, end petroleum oils; and is primarily used in high lemperature applications up to ~50' F. P.O.BOX 1397 For as.s]aLance In selecting appropriate valve options or to Inquire about manufacturing valves wl~h special design requirements, please contact ou~ Fa¢lory Sales Of/Ica or your local Ames Repreeentatlve. 148S TANFORAN AVE. WOODLAND. CA 9~77R ~0/20/99 ~ED 10:13 FAX 8136Z79387 DIMENSIONAL INFORMATION FLUID CONTROL SYSTEMS t~J oo4 905A (Angle) Volve Sizes Inches (MM) 1 1/4" 1 1/2" 2" 2 112" 3" 4" /' 6" '~ 8" 10" (32) (40) ($0) (65) (80) (100)~ (200) (250) A 1.5,0/ 8.5 ,---,-. (21S) (229) El, 5.62 (143) C 5.50 D E 1.12 (28) F 150~ 2,50 (~4) ~ 3.06 (78) G 1504~ H 3/8 J I/4 K 3~8 Valve $1em 10.32 Internal Thread Stem TraYel Inches 0.4 ...... (mm} (10) Shipping Wt. Lbg~ 15 K~. 7 (279) 11 [295) 1/2 12" (300) 16" (400) 41.38 0051) 43.50 01o5) 35.50 (902) (6.35) 20.69 (526) 21.75 ¢52) 15.50 (3~4) 11.75 (298) 12.75 15.69 (399) 16,50 (419) 2 1 1/2-20 4.5 (~,~) 2285 10'27 I SPECIFICATION SHEET SINGLE CHAMBERED MAIN VALVE 3" - 16", 150# / 300#, GLOBE, ANGLE FLUID CONTROL SYSTEMS MODEL 905 G (GLOBE) MODEL 905-A (ANGLE) 905 A ~ · Stainless Steel Construction - Standard · Top and Bottom Guided Shaft · No Lining or Coatings Required · 100% Factory Tested · Excellent How and Cavitation Characteristics The Ames Model 905 Single Chambered Main Valve is a hydrau. llcally operated, diaphragm actuated, globe or angle style valve. The body and cover are both supplied in stainless steel, as are all inie rnal moving metallic parts. The Model 905 is the main valve used in the majority of applica- tions. Modulating (Reducing, Relief, Flow Control), certain On/Off (Altitude, Solenoid) and most combination valves use the single chambered Model 905. The superior design and use of stainless steel throughou! make this valve the best choice for waterworks, industrial, process control and reverse osmosis applications. CLOSED VALVE When inlet pressure is applied tothe area above the diaphragm. the varve closes drip-tight. OPEN VALVE When the pilot system exhausts the fluid from the area above the diaphragm, the valve opens. P.O. BOX 1367 1485 TANFOILAN AVL WOODLAND, CA 95776 MODULATING VALVE The main valve will hold an in- r termediate position when the modulating pilot directs'the~'.ah'~.. :-':'~ to do so . ,, /~ ~slr;~ ! (916) 666-2493, FAX AMES COMPANY, INC. 905 G (GLOBE) 905 A (ANGLE) DIMENSIONAL INFORMATION Valve Sizes Inches (mm) 4" 8" 10" 12" 16" (100) (200) (2.50) (300) (400) A IS0/ 3001 3001 D 1SO~ 300# 1S0t 3001 F 0~:,meter G Nl~r Body Tap Approx. Weight 1S0# LQ. (kg) 300~ CV Factor (LPS) 15.00 [381) 15.62 (397) 11.00 (279) 4.00 (102) 4.50 (114) 7.50 (191) 7.~1 098) SOO (127; 5.50 ~ ~ 50 (2~2) 1~' 70 (31.8) 82 (37.3) 195 (123)- 15.00 (381) 15.62 (39'7) 11.00 (27g) 4.50 (114) 5.00 (127) 7.50 (191) 7.81 (198) SOO (127) SOO (127) 1.50 (292) 1/2' 77 (35.0) go (40.9) ZlO [13.2) 20.00 (5~8), 21,00 (533) 14,00 (356) 550 (140) 6.25 (159) 10.00 (254) 10.50 (267) 6.0e (152) 6.0o (152) 15.75 (400) 1/2' 168 (76,3) 189 (85.9) 460 (29,0) 25.38 (6~5) 26,38 (670) 16.00 (405) 6,75 (171) 7.50 (19i) 12.69 (322) 13,1g (335) 8.00 (203) 8,00 (203) 20.00 (5O8) 3/4' 225 [102.3) 245 (111.4) g25 (58.3) 29.75 (7;56) 31112 (791) 18.00 (457) 6.00 (203) 8.75 (222) 14.88 (378) 15.56 [395) 6.62 (219) 8.62 (219) 23.62 (6(X)) 3/4' 316 (170.9) 408 (185,5) 1400 (88.3) 34.00 (864) 35.5o (902) 2o.0o (5O8) 9.50 (241) 10.25 (260) 17.00 (432) 17.75 (451) 13.75 (349) 14.25 (352) 23.62 (6OO) 3/4' 450{204.6) 515 (Z~.1) 1551 (97.8) SPECIFICATIONS The main valve shall be hydrauticafly operated, diaphragm actuated in globe or angle pattern. The main valve body and cover shall be made from 300 sedes stainless steel. It shall contain a resiUen[ syntheUc rub- bar disc having a rectangular cross section, contalnecl on three and one- half sides by a disc retainer. The seat ring shall be held in place by threads or cap screws and not pressed into the body. The dia. phragm assembly shall be guided at , both ends by a bearing in the valve cover and an Integral beadng in the valve seat. The d;ephragm assam. bly shall be the only moving part The diaphragm shaft cons[st of nylon labdc reinforced buna-n rubber and shall not be used a.s a seating sur- face. AIl necessary rape;rs shall be possible without removing the valve from the line. The vane shall be similar in all re- specls 1o the Ames Model 905 single chambered main valve as manutac- lurecl in the U.S.A. by AMES Com- pany, Inc., Woodland, CA, or proved equal. ~~FICATIONS t..._ Sta~ Opr. ional 8ody and Cover 304L SS 316 SS Flanges Zinc Plated 8t¢cl 316 $S Shat[ 303 SS 316 SS Nuts 303 SS 316 SS Studs 3045S 31655 ~c Holder 304 SS 316 SS )er Diaphragrl~ Bu,~or~ 304 SS 316 SS ~aphragm Fabric Reinforced Buna-N Fabric Reinforced Viton Seat Disc Buna-N Viton Seat Rin0 ASTM 862 Bronze 304 SS 31655 P.O. BOX 1387 1485 TANFOR. AN AVE. WOODLAND. CA 95776 END CONNECTION, PRESSURE AND TEMPERATUI:~E JLA,TINGS End Connection Specification MaxTemp Max Pressure 1S0# AWWAC207 lB0 F 250 psi 3001 ANSI CLS 300 160 I: 400 psi PN-10 ISOIDIN 1'80 F 108AR PN-16 IS0/OIN IBO F 15BAR PN-25 ISO/DIN 180 F 25 BAR (916) 666-2493 COLLIER COUNTY NCRgVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 Minutes of the previous meeting: · No comments or exceptions were taken to the minutes of the previous meeting and they were accepted as ~tten. Contractor's report on progress since the previous meeting: · Contractor provided updated schedule showing work completed. to these minutes. A copy is attached Contractor's forecast of work to be performed in the period prior to project completion: · Updated construction schedule for remaining Contract and Change Order work submitted by Milmir at meeting and copy attached to minutes. Observations, issues and conflicts: · Outstanding RFIs: · None. I :~....colli~"~minmes.023 Outstanding PCOs: · #19 - To include the following: · Additional costs to remove old media from odor control primary scrubbers ($3,672.00 extra). Time extension to Final Completion (42 days, $0.00 extra). Time extension to Final Completion (1 day, $0.00) - Due to hurricane "Irene". County agreed to previously. Furnish and install a packaged lift station at the odor control area and associated force main to sewage pump station at front of plant - Contingent upon timely receipt of scope and design details of additional work from M&E (promised by Friday, 11/12/99). Late entry: Steve Diamond OM&E) on plant site 11/11/99 and looked at scope and details of work. County decided change order to be issued to Milmir to do additional work. · une-up :>ns ($19,332.00 extra). Milmir cost proposal received by.fax on 10/21/99. County decided to proceed via change order to current Milmir contract. Proposal for time extension for this additional work needed from Milmir. Late entry: Milmir submitted a time extension request for 154 days on 11/9/99. -, COLLIER COUN~ NCRWTP 8,,MGD EXPANSION County Bid lqo. 97-2~90R CDM Project lqo. 6295-2172g I ~fmutes ofth~ predous meet/ng: No comments or exceptian~ were tnken to the ~ of the prm/ou~ meet~ and '.Contractor's report on pro~ress since the previous .mee~: ~l" Contractor provided updated schedule showing work complete~ A copy is :Contractor s forecast of work to be performed in the perhxi prior to project completion: !~ Updated conswuc~toa ,chedule for ret, .~-g Comract and Chan~e Order work Obsawat/ons, is.sues and conflicts: · #19 - To ~nciude the ~~ ~ ~e ~~ m ~ ~~~ (42 ~ ~.00 ~). T~ ~n ~ ~~ ~ ~ to ~e ~ ~on ~ ~ ofpl,~ - ~~ ~a ~m~~ ~pe ~ d~ ~ of~o~ ad~ ~ ~ ~ ~ ~0~/99. or~r to ~ ~ ~on ~ for 154 ~ on ~ ~/~/99, 11/15/99 14:39 TX/RX NO.3465 P.O03 -i- A~_~odees were reminde~ that upoa completion ofinstallafion of wall #3 vault and pump., the well must be sampled as required and camified to FI1EP, before placement into set,vice. To be completed, graded and landscaped by per l~lmtr. Removal af oorrosion from RO ddd J-bends - J-beods and victaulio- couplings are oorroding. Mtlrn/r to schedule ~ RO visit to ~ to e~mh~ ~ VandedgR P/nes C.C. ~ about cleam~p in fro~ of plant. Pavemem overhy afplant roa~ to be completed 11/11/99. Well vau~ #~ area and from ofplaat to be graded, sodded ~d ~ rephoecV~lded by ~ ~/~/~. to be don~ by ~Suues Cartrid~ ffl~ bok replaceme~ - Removal of corrosion from in.place appears sat/sfacwry and rep/acemen~ of'boRs not necessary. Plant ~t~ cleazmp, proc~s area ,-8 pipe ~ clea=~ - Plant site ~p is /n pro~rea~ and c~aflauing. Process area and pipe Eallery cleamrp for 11/10 s?.~_ 11/11/99 per lV~t~mlr. Co!~ ._tayto pump ouI t~le/y. 1Vliln~ to ia pro~ess area 11/10 throuBh 11/12/99. CT require~ for 3-phase pov,~r m/~d~rs - Six moniwr~ to be ~ and Conductlvily meters on I~O skids - Missing meter o~ 1kO skid//9 to be replace~ Ham ROW bri~8 meter to pleat Fr/ch~y. 11/12/99, and/ns/aiL Ham RO to hook up oth~ co~luaiv/ty meter prob~ at nsw location. L~ HamR0 robe dia. PVC sleeve under driveway to west side loading dock f~r furore ~rc~ main to be hstalled. Late esm3c. New 5-in, HDPE geeve ~ by Milmir on 11/9/99, Late emxlc, lVrdmtr submitted cost proposal on 11/9/99 for $1,023.00 and a l-day time extensinn for install~ of sleeve. Nu.m __,~0uS valve tabs rem~M ~o be installed on RO skid valves. O&.M manuals: Subm/v. al of five copies of Votume 12, Irtm'umentaflon C.n-apM~, ~;n~. To be fmalizexi at, er PMllps Auto~ visit dur/~ the week of 11/22/99. Turnover of spare, parts, supply oflubrica~s and spare paim: ~rnmy Brock to ~O01'd;nnt~ turllovel' of 1-ye~ supply of lubricants with ~'im Foster of Count. CTDM to ,-.h_~ck eteotrt~ spar~ parts to be turned over, ti' any. Mi~mJr to turn over spare paint of various colors, as previously agreed. - Page 3 of 6 - 11/15/99 14:39 TX/RX N0.3465 11/09299 TIlE 11:40 FAX 7686494 Milmir Construction, Inc. P O Box 9400-A 1617 Romic Ave acksonville. FL 32208 Don glose Phone: (904) 768-2300 Fax: (904) 768-6,494 I~] 001 PROPOSED CHANGE ORDER No. 0049A TITLE: 6" Sleeve for Future 3" HDPE Line PROJECT: N Regional WTP 8MGD Expansion TO: Attn Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone (941) 352-5575 Fax: (941) 352-5579 DATE: 1 I/9/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: MZL,MIRCO Number: 0049A DF__.~CRIPtI'IO!~t OFPROPOS~I.~:::::!~::r;~:,.' :::::~'..~:;?~:~:::!i~..,',.~.::~:;:i~ : ..:,:.- -: '. .-..: ~'-: :.~- ~ :. . . Per ),our request we propose to furnish all labor, material, and eqmpment necessary Io install a 6" sch 40 PVC stecvc. 20' long under the NW Process Room door driveway Depth of bury ~'~ill be 24". Temporary caps will be placed on each end of slcex,c We w/ll alsa reqmm a one calendar day ex-tensmn of contract time for th~s extra work COLt ITR CO. CC)'5,'S TF: JC 1 ,,.N SVCS CO B~D NO 97-26908 CDM Ph: 6295-21728 . Lump Sum: $1,023.00 NOV 9 1999 L CAMP DRESSER & NIcKEE COLLIER CO. FIELD OFFICE APPROVAls;_.,/7 .~ Donald L Klose, V.P. .~-..J0. a I e: ] 1/9/99 By: Date: Adam Sobolewski. PE 11/09/99 11:51 TX/RX NO. 34z17 P.001 m TIlE l J :40 I:^X 7686494 Don Kloso ~002 11/09/99 11:51 TX/RX N0.3447 P.002 I NOV. 15. 1999 CO~ COUNTY NCRWTP 8-MGD R.XPAI~ISION ComUy Bid No. 97-2~90R CDM Proje~ No. 6295-21728 ;Conlx~or's r~pon on progres~ since ~ p~ous ~: ad~ ~k or~r to ~ ~lmk ~~. ~~ for ~ ~on ~or ~ 11/15/99 14:39 TX/RX N0.3465 P.003 ~ NOV. 15.19c~9 I " None. · Completion afRO skid cammL~io~ - Six hour simuI~ run of/our RO ~ skids _re~n~,~ to be done. Contingenl upon add feed ~ ~ placed back ~! in servi~ saitsfac~ operatlo~ oft~e-up valve, a~d avatlab~ operation and startup. PhUips Autamation and M&E to address. Hydranautics membra~ pedm-ma~ce - M~ ~ wa/dn~ for model perfor,',~.~ re~,dt~ from ~. ~ !nd~c~d up wi_th lab on specific dar& eeedecL Lab provided some d_.t- to ~ at provide report ofaddifi~on reaztts. MiJmir to tuna well pump o~ Tuesday Tucs~ ~ 11/~/99. Ccrt~.~on to FDEP to foI~ow com?~on of' Ph///ps Auta~on and ou~tand/ng it,-~n_~ - Scheduled to be on 11/12/99 to sddres~ all out~and/ng in~'~rm~._'o~/con~rol lte~n~ w/th pl~ a~l we21f~d ~]~. ~ scheduled to be ~t plant ~ in resohrtion ofin~t~m~/m~/on/control/operadon Automation ~_n~ pla~ ~taff. Late mUy: ph~T.,ps AW~:~nadon ~nd resch~ to be on plato rite ~ week of 1 lf22/99 duc to unavdlabitity of m Odor conm~! fan oper~on and corrosion of equ/pmcm - M&E ~o review fan/odor co~xol iyste~n ore,ail ope~ ~t/onaI proble~. ~J~eduled J~x)bs Group ~o be on plan~ ~/~ ~. 1 l/l 1/99, corroaian off, ns ~/n~b/li~y to operate a~ imended. La~ en~: Pa~l )acobs a~l Steve Diamond ~) ~ plan~ rite on 1 ~/1 ~/99 to review odor ·Chlarine scrubber ~artup - ~ to ~h~ule ~uppl~er/manufaaurer risk to s/,e for demoostr~tion of ~tarmp, teakS, ope~t/on --~. ·Wall//9 flow capz~ty and ac/d//icadon - Mi~.~m_er W be issued a -~epara~e P.O. to do ac/d/fic~fion D-ocedure _~m!!,r to what was done on wall//'7, per PWED. 11/15/99 14:39 TX/RX NO.3465 P.004 m 11/09/99 16:30 ~'904 768 0494 MIL~IR CONST ~ CD~ NAPLES ~002/004 Milmir Construction, Inc. "~"~ Box 9400-A Phanc: (904) 768-2300 mu= ~o4) v684494 PROPOSED CHANGE (~RDER No. 0050A ~ ,~: Asptmlt Patching PROJECT: N. 1LefConni WTP 8MGD E~sion TO: A~m ~ Sobol~s~, P.E. ~p, Dresser & Mck~, ~c. 8011 V~d~ B~ Road Naple~ ~ 34108 Phone: (~1) 352-5575 F~: (941) 352-5579 DATE: 11/9/99 ·IOB: 9801 CONTRACT NO: We propose to provkic asphalt pa~fix~g for thc asphalt ~ ~ ~ted ~ .han~ o~ itms ~, 7, IL1, ~ 18.5. Q~nfiW ~ ~ on 711 wt~ ~q~ y~ per t~ ~ ~. ~t parrying ~ ~b~g~ fl~ ~ ~C ~g Wc ~ ~ng a ~ c~c~ ~ ~on ~ ~-~ ~ for ~ NOV 9 1999 CAN~P DRESSER & McR[-[ COLLIER CO. fiELD OFFICE Lump Sum: $3,455.00 CDM - COLL!ER ?0 CONSTRUCTION CO. BID NO: 97-2690R CDM PN: 6295-21728 APPROVAL: _ ~._.. Donald L. Klose, V.P. re: 11/9/99 11/09/99 By: Dam: 15:39 TX/RX Adam Sobol~,wk6~ P.E. N0.3452 P.002 I 11/09/99 16:30 ~'904 768 6494 YlLYlR CONST 11/09/99 15:39 -'-,-, CD,~ NAPLES 003/004 TX/~ N0.3452 P.003 I 10/19/99 ]3:11 ~g~'904 768 6494 14:21 F.%% I 941 352 6579 ~ILYIR CONST "-- CD~ NAPLES CD~ INC FIELD OF 1~004/004 ~j ooa ll/09/99 12:20 11/09/99 10/19199 13:11 ~904 768 6494 1t:21 F.~ I 941 352 6579 MII.3IIR CONST CDM INC FIELD OF F / .pc- 11/09/99 12:20 ~ CD~ NAPLES 003/004 ~00~ TX/RX NO. 3448 P.003 I Mi'lmir Construction, Inc. P.O. Box 9400-A ~ 1617 Rowe Ave. 'acksonville, FL 32208 Phone: Fax: (904) 768-2300 (904) 768-6494 PROPOSED CtlANGE ORDER No. 0048A TITLE: Acid Piping Modifications PROJECT: N Regional WTP 8MGD Expansion TO: Attn: Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 DATE: 10/20/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: To: From: Number: DESCRIPTION OF PROPOSAL ~! :~ Per the discussions of Mr. Nick Cooper and Jimmy Brock modifications and improvements ~,vere made to the acid piping adjacent to the day tank to provide a positive back-check condition for the sulfuric acid system. Attached is an itemized cost breakdown for 3'our review. We are requesting a one calendar day extension of contract time for this additional work. cc: Nick Cooper, M&E CDM - COLLIER CO. CONSTRUCTION SVCS CO. BID NO: 97-2690R (;;DM PN: 6295-21728 Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: $0.00 S0.00 $3,832.00 $0.00 $3,832.00 NOV 11999 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE 'PROVAL: B Y :~~_~J-L,, __.._... Donald L Klose, V.P. Date: 10/20/'99 By: Date: d 0 n Milmir Construction, Inc. P.O. Box 9400-A ~1~ 17 Rowe Ave. ksonville, FL 32208 Phone: Fax: (904) 768-2300 (904) 768-6494 PURCItASE ORDER No. 9801-P134 TO: R.J. Gallagher Co. 1063 Haines Street Jacksonville, FL 32206 DATE: PROJECT: JOB: 9/13/99 N. Regional WTP 8MGD Expansion 9801 ATTN: David Marshall WORK AT Milmir Construction, Inc. 8009 Vanderbilt Beach Road Extension East Of S.R. 951 Naples, FL 34120 TERMS: Net 30 DESCRIPTION Furnish and deliver to jobsite Milmir Cost code: 15-112 (M) $173.36 ~-r---215 (M) $797.12 i65 (M) $37.10 1~-245(M) $238.50 Item Quantity Units 00001 I 00 each 00002 00003 00004 00005 00006 00007 2 O0 each I 00 each 1 O0 each 1 O0 each I00 each I O0 each Stock Number/DesCription Warren, alloy 20 I 1/2" svdng check valve. sockel v,e]d alloy 20. 1 1/2" x 1" bu! weld reducer alloy 20 I 1'2" backing fig alloy 20 slub end alloy 20, 1/2 x close topple 1/2" threaded alloy 20 ball valve, teflon seats I 1/2" fig acc set, 316 ~ nuts & bolts, full face 1/8" garlok 3504 gasket COMPLETED: BILL TO Milmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Ave. Jacksonville, FL 32208 SHIP VIA: F,O.B. jobsite Unit Price Tax Rate $752 00 Tax Amount Ne' Amount 600% $45 1'2 $75200 $42 85 600% $5 14 $8570 S870 600% $0 52 S8.70 $49 15 600% S2 95 $49.15 $20.00 6.00% $1 20 $20.00 $22500 6.00% $13.50 $225.00 $35.00 600% $2 10 $35.00 Unit Cost: $1,175.55 Unit Tax: $70.53 Lump Sum: $0.00 Lump Tax: $0.00 Freight: $60.00 Total: $1,306.08 tracted By: ~x.a. Gallagher Co. Signed: By: David Marshall Contracted By: Milmir Construction, Inc. Signed:' j Date: Date: 9/13/99 fi/ P.o. Box 9noo-A No. 0054A 1617 Rowe Ave. Fhone: (904) 768-2300 3aCk~, nvill,~?,,FL 32:208 ..... Fa~: (90,4)76a-6494 , / TITLE: Relocate Acid Room function Box DATE: 1/7/00 PRO,I'ECT: N. Regional WTP 8MGD Expansion TO: At-m: Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8140 College Pkwy Ste. 202 1rt. Myer% ~L 33919 Phone: 941-43:2-9494 Fax: 941~32-9453 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: MILM/~CO Number: 0054A :~:~"~',i~v~.'~~':i.~~-~'~'~;~3.''-. .... '_' ' ~~~'~,':,~,.-"'.:::~-~2.-:, ..- ~-_~~ ?~-~r..,"7~tr:'~;.:~.-. Per yo~ on, re ~ve we ~ ~l~t~ ~ ~ el~ ~on ~x 1~ ~ ~ a~fl p~p ~clo~: to a ~ ~on o~ of ~ :~los~. The attached br~bd_~,m f'tom Oulf Stat~, Iac. details th~ costs associat~ with tl~ repairs (which ar~ being paid by Mm~iT) and t~: Plc~c hacludc lkis in the next ch~n~e order it, xued for this projecL r CO E:D NO: 97-2690R Unit Cost: Unit Tax: S0,00' Lump Sum: S4,105.00 Lump Tax: $0.00 Total: JAN 1 0 2t O CAMP O~E3S~ t, Mcat , COLLIER, Co. FI~LO OFFI~ Date: 1/7/00 By: Date: Ol/O?/0o 15:42 '~904 768 6494 MIIAIIR CONST STATES PHI~NE NO. : S~I 263 ?o'28 [~002 Dec, 28 199~ IR:~3PM P1 Gull States, inc. Don 1,0ose MlmLr Conm'u~t~on, Inc. PO Box 9400-A 1617 Rowe Jacksonville, Flod~ 32208 Sta~ C~ti~ EC343 ludusu:tal El~;al C~r 1999 VIA FACSIMILE (904) 76S-6494 NORTH REGIONAL WTP 8MGD EXI~A-NSION ACID ROOM WIRL-NG RKPAIRS / MODIFICATIONS D~.ar Dot% PI~ find attar, h,d ~m'eadsYm~: ~hov. ing the labor and mar~rial breakdown for the repairs and modi~c.~o~ ~o ~ elcc~TiC~l v, iring Lu the Acid Koom. A.s you are awar,,.tl~ County insu'u,tcd us to raise the jurist/on box tha~ corm~ne~ the ~ that was dama~j,d. This box had been installed during the original ~on~truction ofthe facility and not scheduled for redoca'dou in this phase ofcoustm~iom Tim costs, as close as we can d~crrrfine have been appropriated To ~hcr the rt~quired repairs or those _~trdbu:ed to the costs ~o relocate the ~t'lsting J-box. Plea~ contac: me if you have any que~dons regarding br~tAown. Sincerely, Many Rog~'s tO0~ £$~0g ~Ih"II~ ~6~9 ~9~ t06,,~ ¢~:~I O0,'~O'IO CO~ COUNTY NCRW"~ 8-MGD ~X~P~SION O_.oumy Bid No. 97-2690R CDM Proje~ No. 6295-21728 I ',Conn-actor'~ report on progre~ since the previous meeting: i' Contractor provided ~ schedule ~g work cor~. ~ A copy ~ ~t~.~ed ' to these mtnme~. ,Contractor $ forec~ of work to be perfommd in thc period prior to project e.,ompl~Jovd i~ Upd~e~ construc~on ~ched~le for rerv .~i~[ng Contn~ ~c[ Ch~mge Ord~ work ~b~w~z/ons, ~e~ ~nd coz~ts: · None. Out~_.~'~g PC, Os: · #19 - To include the folJo~ring: · ~~ ~ ~ ~o~ old ~ ~om ~ ~ ~ ~e ~ m F~ ~~on (42 &~ ~.~ ~). ~~ ~ ~ to ~e ~ ~on ~ ~ o~ - ~ ~ ~ ~ ~ 11/11/99 ~ lo~d at ~e ~ d~ · d~ ~ or~ to ~ ~m~ ~~. ~~ for ~me ~~ ~r ~ ~ ~on ~ ~r 1~4 ~ on 11/?/~, 11/15/99 14:39 T×/RX N0.3465 as-p~'~ p~veme~ pamh costs in approved ¢~,,,,~o~ orders for- replacement of cost proposal for $3.455.00 on 11/~/9~. Acid system chcck valve, ~ nnd pipe to provide positive back-4tmck mm None. Other issues: Co_m__~l~on of RO skid c~rr~. !~onin~ * ~ hour stnmkaneous run of four sldds remains u~ be done. Contingent upon acid feed system ~ placed back In scrvioe, __~_ ~_ _,~ory operation o£mne-up valve, and avatlab~ ofsu~ent opeml~n and statmp. Pt~i~s Amomation snd ~ to address. perforn~__,_oe re~,~.s f~om HFd-,~s. M&_~- i~,_'¢_~.ed tast I-lydr~n~cs still up wlth lab on spccifio ~ ~ Lsb provided some dam to ~,f~ st me ina · provide repcn~ ofa~R~c~ion re. sul~. ~ to ~ well pump O~ Tuesd~ Tuesday ~ 1119/99. ~on to FDt~,P to follow comPle~ion off · Pht~ps Automation and ou~.,~ding i _tem. s - ~J~xiuIcd to be on skc 11/11 ~ 11/12/99 to address all outstanding in~t~__'ou/~l lf~m.s urith plant ;o~ weJlfield flu:ilifies. ~ scheduled to be ~ planI ~ the stone d~ys to assist in resokUlc~ of insu'umem~on/com~ol/operafion hc~ns ~ Philips AuWmafion and plato ~ Late enU~. PlaT.ms AW, omafion and rescheduled to bc on phn~ ~ fl~e week of 11/22/99 due ~o unav~abitity of I~_~_B. fan/odo~ control ~ ove~ll op~-s~uaI probl.t~__~. La~e cnt~c. scheduled Sacobs Cu'oup ~o be on plan~ sltc Thnrsday, 11/11/99, lo address corrosion ofC~_s ~ ~ to operate as iniende~. Late ~ Paul Yacobs a~d Sm-'vo Diamond (Miff) vtshed pl~t ~e on 1 ~/11/')9 to review odor Well #9 flow cap~ty and ack, cation. Missimcr W be issued a s~ P.O. $o do ~cafion pro~ similar t~ what was done on well ~', ~ ~. ~%.~Pagc 2 of 6 -) 11/15/99 14:39 TX/PJ( N0.3465 12,'02t9B 15:13 '~'904 765 6494 MILN]R CONST Milmir Construction, Inc. P.O, Box 9400.A 1617 Rowe Ave. Iack~onville, FL 32208 Phone: (904) 768-2300 Fax: ~904} 765-649¢ TITI2E: Delete Pewer Monitor Installa:ion PROJECT: N. Regional WTP 8MGD Expansion TO: Attn: Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 ~** NAPLES PROPOSED CHANGE ORDER No. 0053A DATE: 12/2/99 JOB: 9801 CONTRACT NO: 9801 RI:: PCO To: CDM From: MILMIRCO Number: 0053A Dl~C~l~'~g~OI~S~:->~::~t~b ~,~: :~cc~.:,:.~ ~::~ ~*~?~?~.~:w~i~:~.~, -.~:~'~,,'~-.~..~::::.,, .~ ~ ~ :.: ~ ~...~,: :..~:... D~lete th: ~la~en of thc Mul~-lin ~wcr mo~ton fer thc ~d over to phnt CDM - COLLIER CO. CONSTRUCTION SVCS CO. BID NO. 97-2690R CDM PN: 6295-2.1728 Unit Cost: $0.00 Unit Tax: $0.00 Lump Sum: (S418.00) Lump Tax: $0.00 Total: ($418.00) DEC 2 1999 CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE APPROVALS: Date: By: Date: Adam Sobolewski, P.E 12/02/99 15:13 '~'90¢ 788 6494 ~IL~IR CONST ~ SAPLES ~ o02:0(,3 12.'02,'99 15:13 : GULF STATES ~'904 768 6494 }ilLNIR CONST : c341 263 NAPLES ~ ¢103/003 N~v. 19 1999 E2:3~PM ~1 Gall Slate& Inc. F~x (~41} 163-732~ Don I~lose Milmlr Construction, Inc. PO Box 9400-A 1617 Rowe Ave 3acksonville, Florida 32209 ¢5R5 Pro~ess A~c. November 19, 1999 VIA FACSII~ILE (904) 768-6494 NORTH REGIONAL VFIP SMGD EXPANSION DEI~TE METERING Dear Don, Per your request I have prepared a propos,d to dalete the installation of~c (4) Mukilen Meters show~ to be k".~ll~ on tM emersency side of the (4) main switchboards. Description Quantity I..~1:~ r Unit Extension Labor Total Meter 4 4 18 $ 25.00 $ 4~0.00 TOTAL DEDUCT $ 400,00 Please &dvise ifI can be of further assistance ia this mat~cr Sincerely, Maz~ Rogers MILMIR CONSTRUCTION, INC. October 20, 1999 CAN~P DRESSf:R & McKEE CO~Lt£R CO. FIELD OFFICE Camp Dresser & McKee Inc. 8011 Vanderbilt Beach Road Extension Naples, Fl. 34120 Attn Mr Adam Sobolewski, P.E On-site Project Manager Re Hurricane Irene Extension of Contract Time North Count>' Regional WTP Expansion Collier Count>', Florida Dear Mr Sobolewski: We are hereby requesting an extension of contract time for Hurricane Irene preparations The ennre day of October 15~ was lost to those preparations; thus we are requesting a one-calendar da5 extension of contract time Thank you for your consideration in reviewing this request S~ncerely yours, Donald L Klose, V~ce President cc Jimmy Brock. Supt. !t~,- R()\k'f: ,AV[(N['E · P.(). B()X 9400.~, · JACKS()N '~ ILI [ FLORIDA C,".U! - C©L'.Tn ',') C. N ',T:'~,;']7.gt',t .... Mflmir Construction, Inc. P.O. Box 9400-A 1617 Rowe Ave. Jacksonville, FL 32208 Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CltANGE ORDER No. 0048A TITLE: Acid Piping Modifications PROJECT: N. Regional WTP 8MGD Expansion TO: Attn: Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 DATE: 10/20/99 JOB: 9801 CONTjIACT NO: 980 I-MAIN Per the discussions of Mr. Nick Cooper and Jimmy Brock modifications and improvements were made to the acid piping adjacent to the day tank to provide a positive back-check condition for the sulfuric acid system. Attached is an itemized cost breakdown for your review'. We are requesting a one calendar day extension of contract time for this additional work. cc: Nick Cooper, M&E CDM - COLLIER CO. CONSTRUCTION SVCS C0. BID NO: 97-2690R C;DM PN: 6295-21728 _Doc.. 1,,270 Unit Cost: SO.Or Unit Tax: $0.00 Lump Sum: $3,832.00 Lump Tax: $0.00 Total: $3,832.00 NOV 1 ]999 CAMP DRESSER & McXEE COLLIER CO. FIELD OFF)CE APPROVAL: Donald L. Klose, V.P. Date: 10/20/99 By: Date: 11./09/99 16:30 ~904 768 61~1 MI I.3/IR CONST ~ CD~ NAPLES ~004/004 Mn. Mm CONS,,,TRUCTIQNt INC. I _ ..~___ L...- .......... ::. Nov~mbe. r 9, 1999 Camp Dr~ssar & M~ Inc. 80I I Vandcrbflt Beach Road t~icm Naples, Fl. 34120 Arm: Mr. A&~m Sobolewslci. P.E. On~it~. Project IVlanagta' CDM - COLLIEP CO CONSTRUCTION SVCS CO BID NO 97-26°X)R CDM PN: 6295-21728 Ext~iou of Tima for ClearweU Conzm~on North County Regional WTP Expa-_~i~ C~lli~r County, Florida NOV 9 19gg CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE D~r Mr. Sobolcwski: This will confirm the owners' need to posrpon~ 1.~ clear~cll sump cabin, aim: until thc wc~c of November 29, 1999. Ba~ cm this agreed to l~S~l:~mernent we are requesting m~ extensit~n of the ritual completion date until December 3, 1999, Sincerely yours, Dca~ld L, Klo.~e, Vive Pmsideat cc: Jim,-ny Brock, Supt. 1617 ROWE AVENUE · P.O. BOX 94OO-A · JACKSONVILLE, FLORIDA 3220fi· CERT. NO. CG-C040598 11/09/99 15:39 TX/RX N0.3452 P.004 11/09799 TUE 11:40 FA1 7686494 Milmir Construction, Inc. P.O Box 9400-A 1617 Rowe Ave Jacksonville, Fl, 32208 Don Klose Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CH.A_NGE ORDER No. 0049A TITLE: 6" Sleeve for Future 3" HDPE Line PROJECT: N. Regional WTP 8MGD Expansion TO: Ann' Adam Sobolewski, P.E. Camp, Dresser & Mckee, Inc. 8011 Vanderbilt Beach Road Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 DATE: I 1/9/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From:MILMIRCO .Number: 0049A · , · ' ' ' -'.,~::,~,~,- ,;~ ~,~}~.;i,~.-~:'f/&~i~,~,~'.'~. ~:.~..i:.>~;%.:...~i':;::~:,;..:.'~::,~ ;- :.~,'~ ~ : ~. :'. ": .. Per you~ requext we propose to furmsh all labor, matcrml, and ~lmpmem necessary to m.~all a 6" sch. 40 PVC sleeve. 20' long, under ~he NW Process Room__door driveway. Depth oftm~ will I~ 24". Tcmporm'y caps wiJ1 be placed on each end of slccwe. CC'M - COLLIFR CO. Lump Sum: $1,023.00 CONSTRUCTION SVCS NOV 9 lggg CAMP DRESSER & McKEE COLLIER CO. FIELD OFFICE Donald L. Klose, V.P Date: 11/9/99 Date: 11/09/99 11:51 TX/RX Adam Sobolewski, NO.3447 P.001 I 11lOg/g9 16:30 ~904 768 Otgi M/I. MIR CONST ~** CDM NAPLES 002/004 Milmir Construction, Inc. P.O. Box 9400-A :sonv~.l!e~ FL 3:Z20B _ Phone: (904) 768-2300 I~a:: ¢9O4} '/61~:~4.94 PROPOSED CHANGE ORDER No. 0050A TIT!,F~: Aspt.mlt Patch/rig PRO3'ECT: N. ~~ ~ 8MG~ E~sion TO: A~m ~ Sobol~, P.E. i0l I V~~ B~ Road Napl~ ~ 34108 P~ne: (~1) 352-5575 F~: (941) 352-5579 DATE: 11/9/99 3OB: 9801 CONTRACT NO: RE: To: Fr~m: Number:. We pm~ ~ ~e ~t ~g ~r ~ ~t ~ ~ ~1~ ~ ~h~ o~ fl~ ~, 7, Il.I, ~ 18.~, Q~nfl~ ~ ~ ~ 711 ~t~ ~ ~ pcr t~ ~ ~. ~h~h pa~ ~ ~ b~ fl~ ~ ~ ~g ~ ~ w~ch ~s~m. A dc,.tlrd co~. b~ak_ .,$'~m Is mt. ched for your u~ m reviewing !hi~ proposal, timg for t~. NOV 9 '1999 Ck~P DRESSER & Uc. lt/E COLLIER CO. FIELO OFFICE Lump Sum: $3,455.00 CDM - COLLIER CO CONSTRUCTION SVCS C0. BID NO: 97-2690~ CDM PN: 6295-21728 Domdd L. Klose, V.P. --'~ate: 11/9/99 By: Date: 11/09/99 15:39 T×/PJ( Adam Sobolewski, P.E. N0.3452 11/09/99 16:29 ~904 768 6494 MILl/IR CONST .~. CD~ NAPLES ~O01/O04 Milmir Construction, Inc. P.O. Box 9400-.3, 1617 Rr~¢ Ave. JaaksomdIl% FL 322011 Phone: (904) 768-2300 Fax: (904) 768-6494 PROPOSED CItANGE ORDER No. 0051! TITLE: Extenaion of Contract Time PROJECT; N. Regional WTP 8MOD Expansion TO: Attn: Adam Sobolewstci, P.E. Camp, Dr~ser & Mckee, Inc. 8011 Vandexbilt Beach l~ad Ext. Naples, FL 34108 Phone: (941) 352-5575 Fax: (941) 352-5579 DATE: 11/9/99 JOB: 9801 CONTRACT NO: 9801-MAIN RE: PCO To: CDM From: MILMIRCO Number: 0047A Ba~d PCO No. 47A ~d ~e ~c mlve ~ ~e ~ 16-~ ~ ~y) ~on offal ~n~a~ ~ ~nning 0a N~ 8, 1999 (~te ~ ~fion m ~). P~r, ~cx~ ~n~ ~n~ ~ (i.e. PCO No~ 48, 49 & 50, ~ ~g of ~s ~on of co~ mc NOV 9 1999 CAMP DRESS[-R & McKEE COLLIER CO. FIELD OFFICE Lump Sum: $0.00 CDM - COLLIER CO. CONSTRUCTION SVCS CO. BID NO: 97-269OR CDM ?~: 6295-21728 APPROVAL: By: Date: D~nald L. Klose, V.P. 11/9199 11/09/99 15:39 By: Date: I'X/RX Adam Sobolewski, P.E. i N O.. _~ I~ .£ -~-~ ~. ....... NO.3452 P.001 1 EXECUTIVE SUMMARY APPROVE WORK ORDER CDM-FT-00-03 TO CAMP DRESSER & MCKEE, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO UPGRADING THE PELICAN BAY WELLFIELD, PROJECT 74039 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Goveming Board of the Collier County Water-Sewer District, approve a Work Order to Camp Dresser McKee, Inc. for hydrogeologic services related to the upgrade and renovation of the Pelican Bay Wellfield. CONSIDERATIONS: The Pelican Bay Wellfield currently supplies Pelican Bay with a source of irrigation water. Testing of these production wells showed that the existing system is cap. able of producing a greater yield. The first step to increasing the yield of the Pelican Bay Wellfield is rehabilitation of the lowest yielding wells. This work order will provide for rehabilitation of these wells, a summary report of the results of the rehabilitation and recommendations for further action. Staff has negotiated the proposed scope and compensation as provided in Work Order CDM- FT-00-03. FISCAL IMPACT: Funds for this work order in the amount of $49,000 are available from County Sewer Capital Projects. The funding source is user fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer. District, approve and authorize the Public Works Engineering Department Director to execute Work Order CDM-FT-00-03 with Camp Dresser & McKee, Inc. { , SUBMITTED BY: x,~..~: ~k, ~Xxo'N~..'~-' Date: , ~ -,L~. Alicia Abbot, PWED Project Manager ~VIEWED BY: / ': Date: Jeffrey, P.E., PWED Director ~VIEWEDBY: ~~ ~ Date: Joseph. Cheath~m, ~steWa~er-~rector ~ ) / ~ ~ . ~PROVED BY: ~ " " Date:"') Edward N. Finn, ~terjm Public Works AdminisWator WORK ORDER # CDM-FT-00-03 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as (Title~ Pelican Bay Wellfield Rehabilitation (Reason for Project/ To evaluate and rehabilitate wells at the Pelican Bay Wellfield. The work is specified in the proposal dated January lQ, 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 # CDM-FT-00-03 is assigned to Camp Dresser & Mckee. Inc. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task 1: Perform field tests Task 2: Remove pump and video well Task 3: Analyze and estimate data Task 4: Fluid develop well screen & air develop well Task 5: Re-set production pump Task 6: Provide summary Report & Recommendations Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Per Well Cost Total Task I $1,200 $ 4,400 Task 2 $1,500 $ 6,000 Task 3 $ 4,800 Task 4 $5,800 $23,200 Task 5 $1,200 $ 4,800 Task 6 $ 5.800 TOTAL FEE, .549,000 Lump Sum An)' change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of t~Agreement. PREPARED BY: Alicia Abbotl, Project l~anage, r Date AUTHORIZED BY: C~ Josep~ B Cheatham, 'astewater Director Date APPROVED BY: JeffBibby, P.E., PWED Director Date Approved as to Form and Legal Sufficiency: .~ssis(a~t Count>, A~ ACCEPTED BY: Camp Dpe,Ser & McKee Inc. Name of Firm 'Signature ATTEST: (Corpr~r~te Secretary) ~ Fund: 414 Cosl Center: 263611 ~bject Code: 631400 Project No.: 7403~ ........ ....................:' Template:SN,WO Fixed Term Pro Eng S CDM Camp Dresser & McKee Inc. 0140 Coll~qg~ Parkway, Suite 202 Fort Myers, Florida 3311,19 T~il: 941 432-B494 Fax:941 432-94~3 January l 0, 2000 Ms. Alicia Abbott Collier County Public Works Engineering 3301 East Tamiami Trail, Building D Naples, FI. 341 i2 Re: Pelican Bay Wellfield Rehabilitation Dear Ms. Abbott: As requested, we have prepared this cost proposal for evaluating and rehabiliuiting wells at the Pelican Bay Wellfield. Preliminm-y evaluations have already been conducted, allowing us m formulate a scope that gets yoll the most benefit for the money spent. In general, preliminary testing showed two (2) issues that need to be addressed. One is tlmat certain wells have a low specific capacity that rrmy be improved by a focused well rchab program. The second issue is inadequate generation ofpmssme to effectively move the permitted volume of water through the existing raw water transmission main. We understand that some pump and wellhead rernediation work has already been contracted, so our proposal will only address the well y/cid problem. As a general comment, ho,~-ever, we have recommended elimination of the Cia-valve ~stem because the associated high head loss and replacement of well pumps with Mgher head variable frequency drives to rake full advantage of the var/able web yields without artificially-induced head losses. Results of thc preliminary indiv/&zal well testing are given in the table below. Pelican Bay Wellfield Individual Well thump Test Results Well #1 Static Water Level (f~ nMP) 1 12,00 2 N/A 3 11.58 4 N/A 5 6 12.4 12.44 7 12..50 Pumping ~ - Water Level (ft BMP) 19.87 N/A 22.77 - N/A >61 16.25 42.33 Drawdown fit) 7.87 19 11.19 >4876" 3.$1 29.83 Pumping Rate (gpm) 250 480 480 400 400 475 45O Specific Capacity (g?m/ft___) 31.8 25.3 42.9 14.3 -8 124.7 15.1 Ftt9-997 1 WAS FTM l/! 0/00 i Camp Drexqer & M 'cI,5:e Inc.. Ms. AIicia Abbott January 10, 2000 Page Two Note that the cumulative volume from each individual well pumping rate is over 2,900 gpm or 4 MGD. However, when all wells are nn, only about 1,500 gpm (2 MGD) iS attainable through the raw-water tra_nsmission main, indicating limitations on the wellhead, pumping and pipeline system. The data also ind/catc fl~a! a number of wells are performing very well. For this 'rca.son we propose to only relxahilitate thc lowest yielding wells, specifically wells 4, 5, and 7. Wc may also consider working on well number 1 depending on results of further field tc~ts. Although well number 1 l'm.s a reasonably high specific capacity, its product/on ra~e has been mechanically reduced to 250 gpm. This action may l:mve hecta related to icg drawdown ar higher rates or may have been a condition of over-pumping due to its position at the head of the l'ransmission main. Our proposal is priced on a per-well basis so ttmt final costs will be dependent on how many wells are actually tested. Assuming 4 wells will be tested and treated, un/t and total costs are outlined below: 9 Perform field tests to confirm and detail speciSc problems associated with cae_& well ;?C~:well cost $1,200.00- " )Total Cosy tx4) J. ' $4,400.00 I Pull tl~e existing production pump and video surve--~ each well. well c S, s , oo.oo '] ITotal Cost (x4) $6,000.00 __l Annlyzc and estimate data collected under tasks I and 2 and 5_n_alize design of rehabilitation program. Per Well ~0~t N/A t Total Cost $4,800.00 ~ FH9-997-1 WAS F'TM l/lO/OO OI M Cam S Mc_Kee Inc. Ms, Alicia Abbott January l 0, 2000 Page Three 4. Fluid jet develop entire well screen with chemical treatment as deemed appropriate for task 3 and air develop well to remove sediment and re-set gravel pack. lL~_.well cost 3; 5,800.00 t.. $23,2(10.00 5. Re-set production pump arkd conduct post-t~eatment P_Um_p~ing ~tcst. !1~} well cost $1,200.00 :' Total Cos't (x4) $4,800.00 6, Provide summary report of result.s of rehabilitation and recommendations for fur'LEer action. ;Per well cost N/A iTotal Cost S5,800.00 Per well costs will bc utilized in billings s~ that if lc~ss thmn 4 :~]i~ are rehabilitated, then Iota/project costs will be appropriately reduced. We can begin this effort within two (2) weeks of your authorization. However, given thc upcoming holidays, we would SUET, CSt trait/rig tmti! afler the first of thc year. We appreciate thc opportmfi,D' to continue ()ur close world~g relation:ship vdth Colli~ County. If I cau answer any questions or provide fi~rth~ information, please let mc k.uow. Yours sincerely, W, Kirk Martin, P.G. Senior Project Manager Ft19-997-1 WAS FTM 1/I 0/00 EXECUTIVE SUMMARY APPROVE WORK ORDER TLC-M/E-00-05 TO TILDEN LOBNITZ COOPER FOR PROFESSIONAL MECHANICAL/ELECTRICAL ENGINEERING SERVICES RELATED TO SOUTH COUNTY REGIONAL WATER RECLAMATION FACILITY, MOTOR OPERATED VALVES, PROJECT 73916. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a Work Order to Tilden Lobnitz Cooper for engineering services to automate the operation of four existing reclaimed water valves. CONSIDERATIONS: Construction of the South County Regional Water Reclamation Facility, Contract II, included modifications to the valves and piping in order to convert the existing aeration basin to a reclaimed water storage tank. There are four valves that need to be opened or closed in order to divert reject water from the reclaimed water storage tank to alternate storage facilities. At present these valves are operated manually. Automation of these valves will provide for control of the opening and closing of the valves from the existing operator workstation. Work Order TLC-M/E-00-05 in the amount of $34,500 will provide design and construction phase services for the conversion of the four valves to motor operated valves. Additional funds will be required for Construction in the amount of $90,000 and Construction Management Fees in the amount of $8,000. FISCAL IMPACT: A budget amendment in the amount of $132,500, will be required to transfer funds from Wastewater Capital reserves to project 73916 to fund this work. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Public Works Engineering Department Director to execute Work Order TLC-M/E-00-04 with Tilden Lobnitz Cooper and approve the necessary budget amendment. Executive Summary Work Order TLC-M/E-00-05 Page 2 REVIEWED BY: jr~?f Bibby, P.E., PWED Director Date: REVIEWED BY: APPROVED BY: Jos h~B. Cheatham, Wastewater Director Date: · Date: Edward N. Finn, Interim PublicWorksAdministrator 2.29, oo WORK ORDER # TLC-M/E-00-05 Agreement for Fixed Term Professional Mechanical/Electrical Engineering Services Dated July 16, 1996, (Contract #96-2497) This Work Order is for professional engineering services for work known as (Title) S. outh County Regional Water Reclama~io.n Facility, Motor Operated Valves (Reason for Proiect) To motorize and automate four 30" butterfly valves. The work is specified in the proposal dated Fe.bruary 1, 2900 , 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 #TLC-M/E-00-05 is assigned to Tilden Lobnitz Cooper. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task I Design Services: Pre-design, pre-design review meeting, design of 90% plans & specifications, design review meeting, prepare final plans & specifications. Task 2 Construction Phase Services Schedule of Work: Complete work within 150days days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 1 Task 2 TOTAL FEE $20,500 (time & materials $14~000 (time & materials $34,500 (time & materials) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Alicia Abbott, Project Manager Date AUTHORIZED BY: ~'~It'~ 9...22-0o J~eph B. Cheatham, WastewateT Director Date APPROVED BY: Jeff Bibby, P.E., PWED Director Approved as to Form and 7 Asslstan'7'-~ Count------~ Att orne--~ ~ ATTEST: (Corporate Secretary) By: Signature Date February 15, 2000 Date: Tilden Lobnitz Cooper Name of Firm Type Name and Title Fund: 414 Cost Center: 263611 Object code: 631400 Template/SN/WO Electrical Mechanical Serv 2 Project No. 73916 TLU Tilden Lobnitz Cooper Engineering for Architecture February 1,2000 Ms. Alicia Abbott Collier County Government Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 34112 RE: Engineering Services Proposal for SCRWWTP Motor Operated Valves, revised Dear Alicia: The purpose of this letter is to propose our engineering services to you for the design of electrical systems and mechanical systems for the above referenced project. We understand this proposal w. ill become a work order attachment to our professional service agreement already in place. We have based this proposal on conversations with the operating personnel at the plant. The following is our understand of the work scope: The county wishes to motorize and automate two 30" butterfly valves. The existing valves are installed below grade level on the influent lines to the inner and outer chambers of the reuse pump station. The existing valve operators are mounted with the valve shaft horizontal. The valve operators have flexible shafts connecting to operating nuts on the existing gear operators. We will provide two design scenarios; · The valves will remain in the present horizontal shaft position. The motor operators will be mounted on floor stands with flexible shaft extensions connecting to the existing gear operators. · The valves will be rotated 90 degrees with the valve shafts vertical. The motor operators will be mounted on-bonnet extensions connected to existing valve shafts. This is the preferred installation but with high initial cost. This scenario will require a short plant outage for valve rotation. We will design for power distribution feeders to the valve operators. The valves will be fitted with surge suppression devices to protect them from induced transients. We will design control systems to automatically control the valves from the existing graphic operator workstation in the PC building. TLC will perform bidding and construction services to the extent requested by the owner. TLC will review all shop drawings and issue clarifications to written requests for information generated by the contractor. PWED may elect to provide day to day construction observations. TLC will provide functional testing and startup services for the new equipment TLC will review O&M manuals and close out documents. TLC will provide record drawings from contractor mark ups. 1400 Colomai Boulevard Suite 203 941/275-4;~40 NEAX 941/27~'-~3511 ' Taskl B. C. D. E. F. DESIGN SERVICES Pre design electrical and mechanical investigation Pre-design review meeting Design of 90% Plans and Specifications Design Review meeting Incorporate comments of design review meeting Prepare final construction documents Time and Material Estimate $ 2O,5OO.OO Task II CONSTRUCTION PHASE SERVICES B. C. D. E. F. G H, I. J, K. L. Attend Pre Bid Meeting; Answer Questions Write Addenda as Required Provide customary services during construction. Issue interpretations and clarifications. Review Shop Drawings. Attend Pre-Construction Conference. Provide Site Visits as requested. Provide startup and testing verification. Coordinate controls checkout with controls vendor. Review Close out Documents. Review O&M manuals. Revise Drawings from Contractor As-Builts. Time and Matedal Estimate $14,000.00 All reimbursable costs are included within the above amounts. We understand the County will handle printing costs during bidding and therefore this cost is not included in the above fees. TLC will provide blue line "check sets" for review as required and reproducible Vellum plots for printing bid sets. Should you have any questions regarding this please feel free to contact us. Sinc. erely, Tilden Lobnitz and Cooper, Inc. Don Williams, P.E. Director of Electrical Engineering H:\WO RDPROC\TLC_Offlce\PROPOSAL. FEE~scrwwtp-mtroperators revised.doc EXECUTIVE SUMMARY APPROVE WORK ORDER TLC-M/E-00-04 TO TILDEN LOBNITZ COOPER FOR PROFESSIONAL MECHANICAL/ELECTRICAL ENGINEERING SERVICES RELATED TO UPGRADING THE PELICAN BAY WELLFIELD, PROJECT 74039 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a Work Order to Tilden Lobnitz Cooper for engineering services related to the upgrade and renovation of the Pelican Bay Wellfield. CONSIDERATIONS: The Pelican Bay Wellfield is being renovated to increase the yield of water. This work order provides engineering services to modify and upgrade the Pelican Bay Wellfield in order to achieve increased flows. Work includes modifications to the electrical, instrumentation and control, and mechanical systems. Hydrogeologic consulting services will b'e provided by a separate, but related work order. Additional yield from this wellfield will ultimately increase the supply of irrigation water in the North County Service Area. Staff has negotiated the proposed scope and compensation as provided in Work Order TLC-M/E-00-04. FISCAL IMPACT: Funds for this work order in the amount of $74,000 are available from County Sew.'er Capital Projects. The funding source is user fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Public Works Engineering Department Director to execute Work Order TLC-M/E-00~04 with Tilden Lobnitz Cooper. SUBMITTED BY: .~ Date: --' .0.~O Alicia Abbott, PWED Project Manager .2 ,"--'" . ., . REVIEWED BY: ~ ~7;' /" . ..x~-'.. ' Date: ' ~ ':' "'? Jeff-Bibby, P.E., PWED Director REVIEWED BY:sep~ B..Jo Cheatham, Date: Wastewater Director APPROVED B~,Z; Date: '"' -' Edward N. Finn, Interim Public Works Administrator '~ MAR 2000 WORK ORDER Agreement for Fixed Term Professional Mechanical/Electrical Engineering Services Dated July 16, 1996, (Contract #96-2497) This Work Order is for professional engineering services for work known as (Title) Pelican Bav Wellfield Rehabilitation (R, eason for Project) To upgrade and renovate the existing Pelican Bay Wellfield. The work is specified in the proposal dated February 15. 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 #~__is assigned to Tildell Lobnitz Cooper. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task I Pre-design, design report analysis, memorandum and review meeting. Task 2 Design; 90% plans & specifications, design review meeting. Task 3 Final Design; 100% plans & specifications, final bid documents Task4 Bidding Services Task 5 Construction Services Schedule of Work: Complete work to bidding phase of this project within 150 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is nme and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 1 Task 2 Task 3 Task 4 Task 5 Reimbursables TOTAL FEE $14,500 (time & materials) $25.500 (time & materials) $ 5,500 (time & materials) $ 4,500 (time & materials) $22,500 (time & Materials) $ 1.500 $74,000 Any change within monetary authority of this Work Order made subsequent to fmat department approval will be considered an additional service and charged according to Schedule "A" of th~Agreement. ~,~..~,~ Alicia Abbott, Project Manager Date Jok/~ph B. Cheatham, Wastewater Director Date APPROVED BY: Jeff Bibby, P.E., PWED Director Date Approved as to Form and Legal Sufficiency: Assistant County Att~rney~ ATTEST: (Corporate Secretary) By: Signature ~_..~-~~/?// .-z A CCEPTEDB Y :~.~~/~'-~ Brett McKinstry, Principal RegiOnal Office ~ ~-~, /~ector / Date:~:~-- ~-~- --~ Tilden Lobnitm. Cooper Name of Firm Type Name and Title Fund: 2.14 Cost Center: 263611 Object Code: 631400 Project No. 74039 AGENDA ITEM No. /c.,d 4/.r2 MAR q 2000 pg. J.., 2. TLU Tilden Lobnitz Cooper Engineering for Architecture February 15, 2000 Ms. Alicia Abbott Collier County Government Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 34112 RE: Engineering Services Proposal for Pelican Bay Well Field Renovations, revised Dear Alicia: The purpose of this letter is to propose our engineering services for the design of electrical, instrumentation, control and mechanical systems for the above referenced project. We understand this proposal will become a work order attachment to our professional service agreement already in place. We have based this proposal on your conversations with Mr. Bob Casey, a report by Missimer International in December 1998 and a site visit with Mr. Casey on October 6th. The following is our understand of the work scope: o Collier County wishes to upgrade and renovate the existing Pelican Bay irrigation well field. Previous testing in the well field indicated an existing pumping capacity of 2.8MGD. Modifications and upgrades will be done to increase this flow as much as practical to a maximum of 3.73MGD maximum daily withdrawal. Increases in flowrate may be achieved through piping and control valving modifications, and or increasing pumping capacity. Mechanical systems designs include renewed above ground piping, valving and control devices as required to maximize flow rate. Mechanical design services also include sizing and selection for increased pump capacity through the replacement of existing pumps and pump discharge piping. The determination of well pump discharge piping improvements will be based on the selected well pump operating control and discharge rate control. Wellfleld pumping analysis includes: Determine design discharge rate for each well pump based on the well field hydrogeological data and the permitted well field maximum yield. Determine design total dynamic head for each well pump based on the maximum allowable well draw down and the maximum allowable raw water main operating pressure. The maximum allowable drawdown will be based on the well field hydrogeological data. The maximum allowable raw water main operating 1400 Colonial Boulevard Ft. pressure .will be based on the raw water main material, an evaluation of existing joint restraint, and the upgrade of the existing booster station. Wellfield control analysis includes an evaluation of well pump operating and control alternatives to determine the design basis for well discharge control. The evaluation will consider well pump discharge piping and well pump motor controls. Evaluation models will include constant speed motors with solid state starters, vadable speed motors with variable frequency drives, control valves for pressure control. We will consider discharge flow rate control, level draw down controls and motor opeCating amperage control. Alternatives developed will be based on workable combinations of these features. We will also determine pipeline surge protection requirements based on the well pump operating conditions and the raw water main system.. Booster Pump Station Mechanical Services include replacing the existing booster pump and booster pump stations piping and determining a design discharge rate for the new booster pump. The booster pump design discharge rate will consider the well field maximum allowable discharge rate and the maximum flow rate capacity of the existing raw water main system. We will also determine total dynamic head for the booster pump based on the required operating pressure and the raw water main maximum allowable operating pressure. We will select a booster pump curve that provides the maximum operating flexibility for the various operating conditions. We will determine surge protection requirements based on the booster pump operating conditions and the raw water main system. Electrical power system modification design includes: Analysis of the existing power supply system for each well site and specification of motor controls and power distribution equipment for new or existing well pumps as required. The existing overhead power service to wells 4,5 and 7 will be replaced with underground service. Surge suppression and grounding systems will be designed for each well head to protect the power distribution equipment. The well field control systems will be modified to provide for flow rate monitoring, flow totalization, well draw down level, and local pressure indication, The control system will detect fault conditions of power loss, and pump motor fault. The pumps shall be controlled for start and stop from a remote location. Each well head will have a monitoring and control sub-panel that will communicate with a central control system. A control panel at well head #1 will be designed to monitor and control all well field parameters from a central location. The central control panel will be connected to the 6 other well head sub-panels via a fiber optic link to eliminate transient induced lightning damage. Provisions in the control panel shall be provided for signals to a future telemetry system so the wellfield can be operated from a remote plant location. The central control panel will incorporatean industrial rated programmable logic controller. 10. 11. Booster Pump Station Electrical Services include replacement as necessary of the existing booster pump station motor controls. Where recommended, a variable frequency ddve will be incorporated for motor control with specification of motor controls and power distribution equipment for new and/or existing pumps as required. Surge suppression and grounding systems will be designed for each well head to protectthe power distribution equipment. Booster Pump Control systems modifications include controls for flow rate monitoring, flow totalization, and pressure control. The control system will detect fault conditions of power loss, pump motor fault, suction pressure loss, and overpressure alarms. A control panel at the booster pump station will be designed to monitor and control all booster pumps utilizing an industrial grade programmable logic controller. Provisions in the control panel shall be provided for signals to a future telemetry system so the booster pump can be operated from a remOte plant location. Structural, site civil, survey and architectural disciplines are not included in this proposal. We have included mechanical coordination with the owners hydrogeological consultant for well field pump selection and control analysis. Task l A. B. B. C. PRELIMINARY DESIGN SERVICES Pre design investigation Design report analysis Design report memorandum Design report review meeting Time and Material Estimate $14,500.00 Task II DESIGN A. Design of 90% Plans and Specifications B. Design Review meeting Time and Material Estimate $ 25,500.00 Task III FINAL DESIGN A. Incorporate comments of design review meeting B. · Prepare final bid documents ,Time and Matedal Estimate $ 5,50O.OO Task IV BIDDING PHASE SERVICES A. Attend Pre Bid Meeting; Answer Questions B. Write Addenda as Required Time and Materials Estimate $ 4,500.00 Task IV A. B. C. D. E. F. G. H. I. J. K. L. M. CONSTRUCTION SERVICES Attend Pre Construction Meeting; Answer Questions Answer contractor Request for Information Issue interpretations and clarifications Review Shop Drawings Prepare change order requests as required Provide periodic detailed observation and as requested Review contractor request for payment Review contractor as-built drawings Prepare CAD record drawings based on contractor as-built Review contractor O&M manuals. Provide startup and functional testing. Prepare substantial and final punch lists Prepare close out documents. Time and Materials Estimate $ 22,500.00 Reimbursable Expense Estimate $1,500.00 Should you have any questions regarding this please call me at 275-4240. Sincerely, Tilden Lobnitz and Cooper, Inc. Don Williams, P.E. Director of Electrical Engineering Cc: Bob Casey, Reuse Coordinator C:\Data\proposals\Pelican wellfield revised.doc EXECUTIVE SUMMARY APPROVE THE EXCHANGE OF LAND LOCATED IN UNIT 34, GOLDEN GATE ESTATES, TRACT 14, FOR THE PURPOSE OF WIDENING PINE RIDGE ROAD. OBJECTIVE: To have the Board of County Commissioners approve an Easement Agreement, accept an Easement, execute a Statutory Deed and adopt the necessary Resolution (pursuant to F.S. 125.37), all required in order to exchange a fee interest in a portion of Tract 14, Golden Gate Estates, Unit 34 (existing Pine Ridge Road right-of- way) in return for an abutting perpetual, non-exclusive easement for road right-of-way necessary to construct the new six lane road section of Pine Ridge Road. CONSIDERATION: Pursuant to Resolution No. 99-228, the Board of County Commissioners approved the acquisition of road right-of-way for the six laning of Pine Ridge Road between Airport-Pulling Road and Logan Boulevard. When Pine Ridge Road was originally constructed, the County acquired the northern portion of Tract 14, now known as Tract 14.1, by Warranty Deed (fee simple title) which is now an existing portion of Pine Ridge Road. All the rest of the Pine Ridge Road right- of-way was acquired via easement interest from all other property owners at that time. The easement interest permits the property owners along this corridor to retain their maximum building capacity by incorporating the easement into their total buildable acreage. Since the County acquired Tract 14.1 in fee simple the current owners of Tract 14 are unable to do the same. The current owners of Tract 14 have agreed to convey the necessary easement for the six laning of Pine Ridge Road to the County in exchange for the conveyance of fee simple title to the land known as Tract 14.1 and in which the County would reserve unto itself, via Statutory Deed, a perpetual non-exclusive road right-of-way, drainage, utility and maintenance easement across said conveyed lands. The value of the additional portion of Tract 14 required by the County for the six laning of Pine Ridge Road is $11,000, pursuant to an independent appraisal. If the County were to proceed to condemn the .property, the costs associated with condemnation may be in excess of $30,000, exclusive of a jury award above any and all land costs. FISCAL IMPACT: Staff estimates the cost of recording all documents will not exceed $100.00 and will be paid from the Pine Ridge Road Project. No other costs are associated with this transaction. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan, CIE Project No. 41. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Easement Agreement and authorize its Chairman to execute same; (2) Adopt the attached Resolution authorizing the exchange of real property pursuant to F.S 125.37; (3) Accept the required Easement; (4) Approve the attached Statutory Deed and authorize the Chairman to execute the document when presented; (5) Approve, execute and/or accept any other necessary closing documents related to this transaction, if any, once approved by the Office of the County Attorney; (6) Direct staff to record all appropriate documentation necessary to conclude this exchange. SUBMITTED BY: REVIEWED BY' APPROVED BY: ,7.~. ,., ~ Date: Hope Brack, Specialist I Real Property Management Department "~ ~-- · Date: -'~e~BibbY Public J~Vorks Engineering' Department ~' Date: '" Ed F, qnn, Interim Administrator Public Works Engineering Department MAF I q 2UuL, 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 RESOLUTION NO. 2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AGREEING TO THE EXCHANGE OF COUNTY PROPERTY. WHEREAS, the Board of County Commissioners of Collier County, Flodda, has determined that the property described in Exhibit "A" is no longer needed for County purposes, and it is in the County's best interest to exchange said property for other real property; and WHEREAS, Anthony C. Purpero, Joseph Call, Robert McGinnis, Nancy McGinnis, Warren Andrews and Debbie Andrews will be the owner of the property as described in Exhibit "B" which the County desires to acquire for County purposes; and WHEREAS, Section 125.37, Ftodda Statutes, authorizes and empowers the County to exchange the property described in Exhibit "A" for the property in Exhibit "B". WHEREAS, the required notice pursuant to Section 125.37, Flodda Statutes, has been Published in a newspaper of general circulation published in Collier County; and WHEREAS, the terms and conditions of the proposed exchange are set forth in the attached Easement Agreement between Anthony C. Purpero, Joseph CaN, Robert McGinnis, Nancy McGinnis, Warren Andrews and Debbie Andrews and Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board authorizes the exchange of the property the County owns and is described in Exhibit "A" for the property to be owned by Anthony C. Purpero, Joseph Cali, Robert McGinnis, Nancy McGinnis, Warren Andrews and Debbie Andrews described in Exhibit "B". Page 2 This Resolution adopted after motion, second and majority vote favodng same. Dated ATTEST: DWIGHT E. BROCK, CLERK ,Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Timothy J. Constantine, Chairman Approved as to form and legal sufficiency Heidi F. A~hton Assistant County Attorney ,A~' ~ L~ 2000 EXHIBIT "A" EXISTING PINE RIDGE ROAD RIGHT-OF-WAY That part of the Northerly 180 feet of Tract 14, Golden Gate Estates Unit No. 34, according to the plat thereof recorded in the public records of Collier County, Florida, in Plat Book 7, Page 23, a subdivision of parts of Sections 9, 16 and 17, Township 49 South, Range 26 East, said part more particularly described as follows: Commence at the Northwest comer of said Section 16; thence run along the North line of Section 17 South 89034'24'' West a distance of 65.46 feet; thence run South 00°28'41" East a distance of 21.55 feet to the Northwest comer of the parent tract and the POINT OF BEGINNING; thence run along the North line of said tract North 89°31'19'' East a distance of 680.00 feet to the Northeast corner of said tract; thence run along the East line of said tract South 00°28'41'' East a distance of 129.06 feet to a point on the South right-of-way line for S.R. S-896; thence run along said right-of-way line South 89°34'24" West a distance of 680.00 feet to a. point on the West line of said tract; thence run along said west'line North 00°28'41'' West a distance of 128.45 feet to the POINT OF BEGINNING, LESS the Easterly 50 feet of said tract for right-of- way for Logan Boulevard. (Collier County is divesting itself of the underlying fee interest in the above-described property; and reserving unto itself a perpetual road dght- of-way, drainage, utility and maintenance easement thereon, for the continued operation and maintenance of Pine Ridge Road.) MAR ~ ~ 2000 OFFICE OF CAPITAL PROJECTS .3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,3~'~:t:~' (941) 774--8 192 SKETCH PROJECT NO._ PROJECT PARCEL NO. Ic TAx ARCEL No. e2, o, :ooo8 OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRPITION COMNIENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of tl~e Public Records of Collier County, Florida; thence mn along the west line of said Tract 14 N 00' 19' I0' E 181.55 feet to the POINT OF BEGINNING of the parcel'of land hereinafter described; thence S 89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E I0.00 feet; thence S 89' 37' 45" E 414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896);. thence along the south right-of-way line of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' I0' W 20,00 feet to the POINT OF BEGINNING. Conlaining 8726 square feet more or less. Parcel 140 Sheet 1 of 2 BaSi~ of Bearings is the West line of Tract 14 being N 00' 19' I0" E. GRfUlab/lglds 4 BY: CHECKED BY: FILE NO:. REVISED: ICHI[CXEO BY: ISCALE: DALE: BY: DATE: GF~RGE R. RICHMOND ' .t. ' P~0FESSIONAL LAND SURVEYOR OFFICE OF CAPITAL PROJECTS COLLIER COUNTh' GOVERNMENT COMPLEX .3301 E TAMIAMI TRAIL NAPLES, FLORIDA OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIt NAPLES, FLORIDA 34112 (941) 774-8192 0 I L~ 10 i~,/' 62.38 __ 150.O0'xj'X SKETCH OF DESCRIPTION LOGAN BOULEVARD --~]00'19'16"E. N.OO'19'10"E. 200.99' 45.37' // 155.62' S.44'39'18"E 50.05' S.89'57'45"E 10.00' I PORTION TRACT 14 I ~ S.89'57'45"E I / 180.00' I t P,F],B, 20' 181.55' S.00'19'10"W. 201.55' GENERAL NOTES. t) P.E].C. Indicates Point oF CoMmencement P.O.B. Indicates Point oF Beglnnln§ 3)Sec, indlc~tes Section 4)Twp. Indict±es Township 5)Rge. Indicates R~nge 6)R/~ Indlcctes Right-oF-way 8) Bosls oF 8e~lnDs Is the ~es~ tine oF Tr~c~ t4 beln9 se~t oF the proFesslonot t~nd surveyor LJ ~P,O.C, THIS IS ONLY A SKETCH SHEET 2 OF 2 PROJECT: Pine Ridge Road PARCEL NO: 140 EASEMENT AGREEMENT THIS EASEMENT A~REEMENT (hereinafter referred to as the'"Agreement") is made and entered into this 25 day of '~<~,~-~ , ,goco, by and between ANTHONY C. PURPERO, A SINGLE M--'~, INDIVIDUALLY AND AS TRUSTEE, as to an undivided one half (1/2) interest, and JOSEPH CALl, A MARRIED MAN, INDIVIDUALLY AND AS TRUSTEE, as to an undivided one quarter (1/4) interest, and ROBERT McGINNIS and NANCY McGINNIS, HUSBAND AND WIFE, and WARREN ANDREWS and DEBBIE ANDREVVS, HUSBAND AND WIFE, as to an undivided one quarter (1/4) interest, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a perpetual, non-exclusive easement for Road Right-of- Way, Drainage, Utilities, and other Public Purposes over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser holds title to the fee estate of a portion of Tract 14, Golden Gate Estates Unit 34, by virtue of that certain Warranty Deed recorded in the Official Records of Collier County, Flodda, in OR Book 870, Page 1997 (existing Pine Ridge Road nght-of-way); and WHEREAS, Owner holds title to the fee estate of all that portion of Tract 14 which is not a part of the existing Pine Ridge Road right-of-way; and WHEREAS, Owner has agreed to convey the above-referenced Property to Purchaser. in exchange for the Purchaser's conveyance of the fee estate in Tract 14, Golden Gate Estates Unit No. 34, held by Purchaser by virtue of the above-referenced warranty deed, with the understanding that Purchaser's conveyance of its fee estate in Tract 14 shall include a reservation specifically reserving unto Purchaser a perpetual, non-exclusive easement for road right-of-way, drainage, utilities and maintenance over all that portion of Tract 14 so conveyed; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser. Purchaser shall convey, via Statutory Deed, the fee estate in Tract 14, Golden Gate Estates Unit No. 34, held by Purchaser by virtue of that certain Warranty Deed recorded in the Official Records of Collier County, Flodda, in OR Book 870, Page 1997, with an express reservation unto itself of a perpetual, non-exclusive easement for road right-of-way, drainage, utilities, and other public purposes over all that portion of Tract 14 so conveyed. The above-described exchange of real property shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any and all damages (if any) resulting to Owner's remaining lands, and for any and all other damages in connection with conveyance of said Property to Purchaser. Pdor to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or Easement Agreement Page 2 subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. Owner represents that the Pr;3perty and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or adsing out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. The Purchaser shall pay for all costs of recording the conveyance instruments, and any and all instruments of release an'd/or subordination, in the Public Records of Collier County, Ftofida. - 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. Acceptance and recording of the Statutory Deed from County shall vest Owner with an additional 1.85 acres of land for the purpose of calculating density upon Owner's parent tract (Tracts 13 and 14, Golden Gate Estates Unit No. 34.) Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have affixed the signatures of their duly authorized representatives AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Property Acquisition approved on: Under Resolution No. BY: Timothy J. Constantine, Chairman , Agenda Item No. AS TO OWNER: DATED: 2- Z~-c;c' Witness (Signature) Name: _'2'~r ~,,..~_ ~'.,' (Print or Type) Wit~ess (Signature) Name: (Print or Type) WitnessJ_Signature) f.,,.~! {/---C'.~' 51z~--c~ Name: ~ ' ~ .?~_. , (Print or Type) Witn~ss (Signature) Name: (Print or Type) Witness (Signature) Name: ~'- "-,~ (Print or Type) Witr~'ess (Signature) Name: ~. /~e~- 5~J~ (Print or Type) ~PU RPE~ Individually and as Trustee "q,~lividually and as Trustee MAF' Easement Agreement Page 4 Witness (Signature) Name :~- ~%,-~-. (Print or Type) Witness (Signature) Name ~. P~F¢ ~-¢,e.1 (Print or Type) V~it~Ys s ,~.S_ign ature ) Name ~'~- ,," .,c_ (Print or Type) Witness (Signature) Name ~-. ~F,'-_ ~ (Print or Type) Witness~Signa~ure) (Pdnl o~ Type) Witness (Signature) Name "~ (Print or Type) NANCY ~cGINNIS WARREN ANDREWS DEBBIE ANDREWS Approved as to form and Assistant County Attorney 3301 OFFICE OF CAPITAL PROJECTS ' EAST TAMIAMI TRAIL NAPLES, FLORIDA ,321'~'1~' (S41.) 774--8192 PROJECT NO. PROJECT.PARCEL NO. TAX PARCEL NO. 38390920008 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title EXHIBIT, A Page ~ al,. ~ LEGAL DESCRPITION COMMENCE at thc Southwest Corner of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida; thence run along the west line of said Tract 14 N 00' 19' 10" E 181.55 feet to the POINT OF BEGINNING of the parcel'ofland hereinafter described; thence S 89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E 414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896); thence along the south right-of-way linc'of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to the POINT OF BEGINNING. Containing 8726 square feet more or less. Parcel 140 Sheet 1 of:~ Ba~s of Beanngs is the West line of Tract 14 being N 00' 19' I0" E. GRR/lab/lglds ;HEUKED BY:. -ILE NO: tEVISED:., !AWN BY: CHECKED ISCALE: I DAVE: BY: GF.~R'GE R. RICHMOND, , . :.: P~0FESSIONAL LAND SURVEYOR #2408 ,' ' OFFICE OF CAPITAL PROJECTS ' COLLIER COUNTY GOVERNMENT COMPLEX' '. 3..301 E TAMIAMI TRAIL NAPLES, FLORIDA MAR >: --/-& ........ OFFICE OF CAPITAL PROJECTS 33ol EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 EXHIBIT A Page 2. ef 2. _ SKETCH OF DESCRIPTION ,oo^. I 50.05' I ~-- S. 89'37'45"E ~"on" y 414.62' o m N.OO'22'15"E o ~ 10.00' ¢r'rY p~ uJ ~ PORTION TRACT 14 Z __ 10~ /~N.89'57'4,4"w 62 3B 150.00~,,, S,89'57'45"E 180.00' I 20' ~-P,D,B, 181.55' S.00'19'10"W. 201.55' GENERAL NOTES 1) P.D.C. Indicates Point oP CommenceMent 2) P,B.3, Indicates Point o¢ 3eginnln9 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge. indicates Range 6) R/V/ Indicates Rlght-o¢-way 7) Att distances o`r'e in Feet and declmats ther'eoF 8) Basis oF ]3eo`r'tngs Is the V/est tine oF Tr'o, ct ].4 being N,OO°lg'].O'E, 9) Not vo, ttd unless signed o`nd sealed wll:h the embossed seo, l oF the pr'oF'esslono`l to, nd surveyor ~-P,D,C. THIS IS ONLY A SKETCH DP. AWN BY: [CHEC~KED BY: JSCALE: I DATE: FILE NO.: ~sOcT~ LTEu I 02-07-97 140 SHEET 2 OF 2 EXECUTIVE SUMMARY APPROVE THREE (3) AGREEMENTS FOR THE ACQUISITION OF RIGHT-OF- WAY FOR THE PINE RIDGE ROAD SlX-LANING. OBJECTIVE: To acquire three of the right-of-way parcels required for the six laning of Pine Ridge Road from Airport Road to Logan Boulevard. CONSIDERATION: This Executive Summary is concerned with 3 right-of-way parcels required for the six-laning of Pine Ridge Road from Airport Road to Logan Boulevard. The particulars of each agreement are discussed below: Parcel No. 109 (J.D. Butt Compan39 - This property, located on the north side of Pine Ridge Road west of the Livingston Road intersection, is currently under development with a dance and sports instructional school. The developer was required, as part of the Conditional Use approval, to construct a turn lane into the property and to convey to Collier County an equal amount of compensating right-of-way (out around the turn lane). If the school's turn lane was built prior to the commencement of the six-laning project undertaken by the County, then the County would had to have replaced the turn lane into the school as part of the six-laning project. Since the development of the school was occurring prior to the roadway expansion, the County was already preparing to design and construct the turn lane into the school as part of the six-laning project. A deal was negotiated between County staff and the property owner whereby the right- of-way required from the school property (appraised value: $5,900) would be conveyed. to the County at no cost, and in return the County would not require the developer to construct a turn lane into the school under the present four lane condition of Pine Ridge Road. In order to maintain traffic safety during the interim between completion of the school project and the start of six lane construction, the property owner's engineer designed a wider turn radius from the four lane roadway into the school. The benefits for the parties achieved by this agreement are a right-of-way acquisition cost savings for the County and a construction cost savings for the property owner. Parcel No. 119 A & C (Gerard McHale, Trustee) - This right-of-way parcel consists of a fifteen (15) foot strip of land along the southern boundary of the property known as the Naples Gateway PUD. The PUD Ordinance requires the developer to dedicate this right- of-way to the County in return for road impact fee credits in an amount equivalent to the market value of the land as of the date of the conveyance to the County. The appraiser hired by Collier County arrived at an estimate of value of $7.00 per square foot ($98,800 total)for the subject right-of-way parcel in June 1999. Subsequent to that time (between the months of August and December 1999), the developer began actively ! Executive Summary (cont'd.) Page 2 marketing the subject property, and received several contracts for sale and purchase of out-parcels along the PUD's road frontage at prices ranging from $9.00 to $12.00 per square foot for the most recent offer. Staff has been provided with copies of the signed contracts on the various Naples Gateway parcels. The current owner, Gerard McHale, Trustee, has agreed to sell the right-of-way to the County for the same price as the property is being sold to private parties on a pro-rata basis, i.e., the square footage under contract to private parties for $9.00 per square foot, will be sold to the County for $9.00 per square foot; the square footage under contract to private parties for $10.50 per square foot, will be sold to the County for $10.50 per square foot, and so on, and so on, with the exception that the right-of-way required from the wetland area located on the western portion of the property is being sold to the County at $2.50 per square foot (for a total of $5,175). The total purchase price for all of the right-of-way still under the ownership of Gerard McHale (a portion of the Naples Gate way PUD was sold to Bay Winds Lodging, LLC, for the construction of the Hawthorne Suites in December 1999) is $137,400. In view of the tremendous amount of market activity in the Pine Ridge Road / Interstate 1-75 Interchange neighborhood (bonafide contracts, closed sales, and rezones both approved and proposed for the area), County staff concurs with eminent domain counsel that the settlement outlined above is in the best interests of the County in light of the probable exposure to jury awards in amounts equal to or greater than the owner's asking price, and the County's legal cost obligations under Florida Statutes, Section 73.091 and 73.092. Since the funds have already been budgeted for the purchase of this right-of-way as part of the Pine Ridge Road six-laning project, staff is recommending that the County purchase the right-of-way rather than issue road impact fee credits, due to the fact that the purchase will involve less staff time in the long run. Parcel No. 138 (Vineyards Development Corp.) - The market value of the subject property was appraised by the County's appraiser at $75,000 per acre. Unfortunately, the County's appraiser failed to consider the density (number of dwelling units per acre) allocated to the subject property, and estimated the value of the parent tract as though it was to be developed as a medium-to-low-density residential housing tract, when in fact the subject's density' is approved for nearly 15 dwelling units per acre. The land is currently under contract for $2 ! 0,000 per acre. The developer has agreed to sell the proposed right-of-way to the County for the same unit price ($210,000 per acre) upon which their contract for sale'and purchase is based (a copy of which they provided to the County as documentation). In addition, the public records confirm that in the past Vineyards Development Corp. has sold other high density residential tracts of land for as much as $250,000 per acre. County staff concurs with eminent domain counsel that the settlement offered by the property owner is in the best interests of the County in light of the probable exposure to Executive Summary (cont'd.) Page 3 jury awards in amounts equal to or greater than the owner's current contract price, and the County's legal cost obligations under Florida Statutes, Section 73.091 and 73.092. FISCAL IMPACT: Expenses for the Pine Ridge Road six-laning project are paid from Road Construction Gax Tax monies. GROWTH MANAGEMENT IMPACT: There is no impact upon the County's Growth Management Plan as the Pine Ridge Road six-laning project is a part of the Capital Improvement Element with the County's Comprehensive Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Approve the settlement proposals for J.D. Burt Company, Gerard McHale, Trustee, and Vineyards Development Corp., and authorize its Chairman to execute the agreements presented herewith on its behalf. 2. Authorize the Clerk of Courts, Finance Department to issue County warrants to fund the settlements as outlined in the proposed agreements. o Accept all conveyances made to Collier County and authorize staff to proceed with closing the proposed transactions and record the associated documents in the public records of Collier County, Florida. .,,,,d~evin ~dric~, Right-c~f-'~.,ay ~,~e~gn and Valuation Coordinator REVIEWED BY: ;~ Date: Micah Mas~quoi, P.E., Project Manager REVIEWED BY: ~, '" -/ ~., Date: ~/'~eff Bibby, P.E., Public 'Works Engineering Director APPROVED BY: Date: t Ed~ward N. F~nn, Intbrim Public Works Administrator · . p~. PROJECT: Pine Ridge Road PARCEL: 119A&119C FOLIO: ~ *'' PURCHASE AGREEMENT THIS PURCHASE AGREEMENT-(hefeinafter referred to as the "Agreement") is made and entered by and between GERARD A. McHALE, JR., successor Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of FIodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee simple interest in the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, under the terms and conditions set forth herein; and WHEREAS1 Purchaser has agreed to compensate Owner for conveyance of the Property to Purchaser. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser via a Warranty Deed in exchange for the sum of $137,400 (One Hundred Thirty Seven Thousand Four Hundred Dollars), payable by County Warrant (said transaction hereinafter referred to as "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for any and all other damages in connection with the conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upc~' their recording in the public records of Collier County, Flodda. This Agreement shall be null and void and of no further force or effect unless Closing shall occur within sixty (60) days of the date Purchaser executes this Agreement; provided however, that Purchaser, at its sole discretion, may extend the term of this Agreement indefinitely pending receipt of such propedy executed instruments which either remove, release or subordinate any and all liens, encumbrances and/or qualifications which might interfere with Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Property through the day before the Closing. Owner shall convey a marketable title to the Property free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Flodda Bar and in accordance with law. The Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor including the bringing of necessary suits. Any and all documents to clear title to the Property shall be provided to Purchaser on or before the date of Closing. The Purchaser shall pay for all costs of recording the deed. All other costs assodated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the obtaining and recording of Releases and Subordinations of liens recorded against the Property. The cost of a title commitment shall be paid by Purchaser. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances 10. 11. 12. 13. have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment , spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or adsing out of the breach of owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this wdtten agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. This Purchase Agreement and the terms and provisions hereof shall be effective as of the date this Purchase Agreement is executed by both parties; and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and assignees, whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement on this __ day of ,2000. Property acquisition approved by BCC pursuant to Resolution No. 99-384, Item 8(D)1, September 28, 1999 AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN AS TO OWNER: ,TED: ~- ' Z~ WITNESSES: ,~S]gnature) (Printed Name) (Signature) . (Printed Name) BY: GERARD A. McHALE: JR., ~'uccessor~ee under unrecorded land trust agree, j:~flt dated December 10, 1992, with full pov~-e'r and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F.S. 689.071 Approved as to form and Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO..6011 I PARCEL NO.....119A FOLIO NO... LEGAL DESCRIPTION (NOT A SURVEY) A PORTION OF TFCACTS 29 AND 44 OF THE PLAT THEREOF,GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR.IDA; THENCE NORTH §9 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 07 MINUTES l0 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 307.86 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST. A DISTANCE OF 15.02 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5639.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 06 MINUTES 41 SECONDS, AND A CHORD OF 306.23 FEET BEARING NORTH 85 DEGREES 54 MINUTES 05 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 30626 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 63.13 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING Q 127 ACRE (5,541 SQUARE FEET}, MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING N 89 DEGREES, 34 MINUTES, 36 SECONDS EAST. PARCEL 19A ~EORGE R. RICHMOND F~FESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM1 TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EXHIBIT NOT A SURVEY GENERAL NOTES 1) P D.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP = TOWNSHIP 5) RGE. = RANGE 6) RAN = 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 DRAWN BY CHECKED BY $CALEoTN DATE TO SCALE [ FILE NO JANUARY 11. 2000 PR119 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 EXHIBIT LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO..60111 PARCEL NO..... I 19C FOLIO NO... A PORTION OF TRACTS 44 AND 45 OF THE PLAT THEREOF GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED 1N PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOR. IDA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO TIlE NORTIt RIGHT OF WAY LINE OF PINE RIDGE ROAD; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 38 MINUTES 39 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 359.65 FEET TO THE POINT OF BEGINNING; THENCE CONTFNUING EAST ALONG SAID CURVE, A DISTANCE OF 240.18 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 329.94 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 329.94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTtt, HAVING A RADIUS OF 5639.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 27 MINUTES 23 SECONDS; THENCE WES]' ALONG SAID CURVE, A DISTANCE OF 241.78 FEET; TIIENCE SOUTH 0 DEGKEES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 4.30 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, ItAVING A RADIUS OF 34.00 FEET, A CENTRAL ANGLE OF 18 DEGREES 26 MINUTES 53 SECONDS, AND A CtlORD OF 10.90 FEET BEARING SOUTH 8 DEGREES 54 MINUTES 24 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 10.95 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.197 ACRE (8,570 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING 89 DEGREES 3,1 MINUTES 36 SECONDS EAST. PARCEL 119C /../GEORGE R. RIGHMON ,' PR'~FESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TILAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EX Brr JANUARY 11,2000 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP, = TOWNSHIP 5) RGE = RANGE ~ 'W = RIGIlT OF WAY ,. DISTANCES ARE IN FEE T AND DECIMALS II o~ NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DP~w.., [c~c~u .~ sc^tl'~OT TO SCALE FILE NO PRl19 SHEET 2 OF 2 L_ '";, /<::> J PROJECT: Pine Ridge Road Widening/60111 PARCEL NO: #138 FOLIO NO: 80708200753 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between VINEYARDS DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit '°A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $196,30800, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2 Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; Purchase Agreement Page 2 that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, .liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executars, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of ,2000 Date Property acquisition approved by BCC: May 11, 1999, Resolution #99-228 AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman AS TO OWNER: DATED: Febr~ar,] tO, 2.000 With ss (Signature) /2 (Print or TyR~/~ ~tness (Signature) (Print or Type) VINEYARDS DEVELOPMENT CORPORATION, A FLORIDA CORPORATION (Name Title) ~chel Saadeh, P~z~es&denr & CEO Name: ~ICm~ SA,Al)EH, PRESDIENT & CEO (Print or Type) 98 Vineyards Boulevard Naples, FL 34119-4747 Approve8 as to form and legal sufficiency: Robert 'Za~'~ary Assistant County Attorney EXHIBIT, Page __L_of PUBLIC WORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 Project: 60111 ~NEYARDS UNIT ONE PLAT BOOK 14 PAGES 67-74 ~XJ"J'l/~ 11' '"A '" SKETCH OF DESCRIPTION fee simple title TRACT CC VINEYARDS UNIT 3A PLAT BOOK 17 PAGES 7-18 S.09'34'44"W. ~ 2056.47' 2055.51' N.89'54'44"E. 80708200753 171 16 GOLDEN GATE ESTATES UNIT 54 PLAT BOOK 7 PAGE 25 .,,,.~. PINE RIDGE ROAD-.''/' (CR-OgO) ;50' R/W LEGAL DESCRIPTION The South Twenty (20) feet of Tract CC of the plat Vineyards, Unit 3A as recorded in Plot Book 17, Pages 7 through 10 of the Public Records of Collier County, Florida. Containing 40,720 square feet more or less. DIU, WH BY: THiS IS ONLY A SKETCH ICHECKED BY: Se. ALE: 1 DAI~ I ~ HO.: ,~¢..ORGE R. RICHMOND?' ,..i .. - PROFESSIONAL LAND 'SUI~VE~OR;~2,1.06 OFFICE OF CAPITAL PROJE(~TS(¢: . - COLLIER COUNTY GovER~IM~ENT COMPLEX 3301 E T~IAMI TRAIL' NAPLES,'?LORIDA 54112 138 ...... ,::[ SHEET 1 OF 1 PROJECT: Pine Ridge Road 60111 PARCEL: 109/J.D.BURT COMPANY FOLIO: 00255480006 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between J. D. BURT COMPANY, INC., a Florida corporation (hereinafter referred to as Owner), whose mailing address is 733 Riviera Ddve, Naples, Florida 34103 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Flodda 34112. WlTNESSETH: WHEREAS, County has requested that Owner convey to the county a Warranty Deed in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. In lieu of monetary compensation, Owner shall convey the Property to County in exchange for the County's construction of a right turn lane, as shown in Exhibit "B", which is attached hereto and made a part of this Agreement, onto Qwner's property which shall be constructed as part of the Pine Ridge Road Six-Laning Project. 2. Owner shall convey the Property via a Warranty Deed to County at no cost to the County, unless otherwise stated herein. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Colliei' County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or adsing out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title 8. Th~ County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contempo.raneous wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property .held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wdtten. DATE ACQUISITION APPROVED BY BCC: Resolution 99-384, Item 8(D)1, September 28, 1999 AS TO COUNTY: DATED: A1-FEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timothy J. Constantine, Chairman AS TO OWNER: WITNESSES: Wj~s~ ~.S ig n. at u re_)_~ N~,Tr~ b, ~,,; ! - ~."~ ~L, _~'"~ ~ P nt Witness (Signature) Name: ~rn,'~ ~d, (Pdnt) By: J. D. Burt Company, Inc., a Flodda Corporation ,./J.~athan Dav~ Bud, Presiaent Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT PROJECT NO ...... ...u~..?...t...t..! .................... PROJECT PARCEL NO....~...0...~ ............. TAX PARCEL NO oOZ~$~%ooo~ FEE $IM~LE TITLE LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; Commence at the South Quarter Comer of said Section 12, also lying on thc centerline of Pine Ridge Road (CR. 896) thence along said centerline S 89° 32' 07" E 1485.93 feet; thence N 00° 05' 53" W 75.00 feet to the north right-of-way line of said Pine Ridge Road; thence along said north right-of-way line S 89° 32' 07" E 388.00 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence N 09° 36' 52" E IQ 13 feet; thence along a line lying Ten (10') feet north, as measured perpendicular to, said north right-of-way line S 89° 32' 07" E 385.86 feet, thence S 00° 17' 55" E 10.00 feet to said north right-of-way line; thence N 89° 32' 07" W 387.60 feet to the POINT OF BEGINNING. Containing 3867 square feet more or less. Parcel 109 Sheet 1 of 2 bob\pag~lgld. 031 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2408 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 5.501 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 SKETCH OF DESCRIPTION EXHIBIT__~_~ p,g,._L ou,t- X-p,EI,C, South Quarter Corner Sec. 12, Twp. 49 S., Range 25 E. 139.01' N O0'11'S4"W ~ S.89'32'59"E. ~ o3.8o' ..--% 385.86' ..---% S. 89'32'07"E. ~-~o.~3' 7500' PARCEl /N 387.60' .89'32'07"W. ....~- 10.00' ~-10' EASEMENT S.8¢'52'~)7"E. GENERAL NOTES 1) P.B.C, Indicates Point oF Commencement 2) P.B.B. Indicates Point oF Beginning 3) Sec, Indicates Section 4) Twp. Indicates Township 5) Rge. Inctlcates Range 6) R/~/ Indicates Right-oF-way 7) Att dlstonces ~re In Fee( and declmols thereof 8) ~sls oF ~eoPIngs Is ~he cen~e~tlne oF Pine Ridge Ro6d being S.89'3B'OT'E, se~t o¢ the proFesslon~t l~nd sutveyo¢ THIS IS ONLY A SKETCH NBT TO 11-18-98 109 L,N,R, SCALE SHEET 2 OF 2 EXHORT F 00+l~ 'ViS 00~ '¥1S ~NI'I HJl¥~ EXHIBIT MAR 1 ~ 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD TERMINATE THE CONTRACT WITH ENVIRONMENTAL CARE, INC., BID #98-2844, FOR DAVIS BLVD. MSTD GROUNDS MAINTENANCE. OBJECTIVE: To have the Board of County Commissioners terminate the contract with Environmental Care, Inc., Bid #98-2844, for Davis Blvd. MSTD Grounds Maintenance. CONSIDERATION: Bids were solicited for Davis Blvd. MSTD Grounds Maintenance on August 14, 1998. Bids were opened on September 16, 1998, with three (3) bidders responding. Environmental Care, Inc. (ECI) was awarded the bid on November 3, 1998. The contract with ECl was renewed for a one (1) year period on June 17, 1999. Since the renewal of the contract, ECl has been unable to comply with the specifications of the contract due to a lack of employees. Staff met with ECI's management personnel on September 23, 1999, January 4, 2000 and February 4, 2000 to review deficiencies in contract performance. At the September meeting, ECI agreed to deductions from the June, July and August invoices for lack of performance. In January, 2000, McGee & Associates Landscape Architects was hired as an independent consultant to dete~Tnine whether ECl was performing the Davis Blvd. contract to specifications. Mr. McGee's report of February 4, 2000 indicates that ECI was not responsive to the contract specifications. On February 4, 2000, Staff again met with ECI's management personnel. ECl indicated that they would be providing the County written notice regarding discontinuing their maintenance services to Davis Blvd. Phase I. In response to ECI's request, staff recommends the second year contract renewal with ECI for the remainder of FY 99/00 be te~Tninated as of February 11, 2000. Prior to the Contract bid, Landscape Operations personnel performed the maintenance responsibilities to the Davis Blvd. Phase I landscape segment. Maintenance of this area will again revert to Landscape Operations FISCAL IMPACT: All current encumbered maintenance funds will be released, but will remain in the MSTD Road District 3 Fund (104). GROWTH MANAGEMENT IMPACT: None at this ti.me. Executive Summary ECl Contract Termination Page 2 RECOMMENDATION: It is recommended that the Board of County Commissioners terminate the current contract with Environmental Care, Inc., and authorize staff to perform the maintenance functions on that landscape segment of Davis Blvd. Phase 1. SUBMITTED BY: REVIEWED BY: REVEIWED BY: APPROVED BY: Val Princ. ge~ Engineer I~ Lx~n4~cape O15E~Stions :'.'..,: ,' ,' Edward J. Kant, PE, Tr~sportation Services Director S~Y ~rne~ ~7/~al Edward ~. Finn. Interim Public Works Administrator Date: Date: Date: :/'Zff / Date: '- t MAR ~ ~ ~,uuu EXECUTIVE SUMMARY APPROVE A NON-DISTURBANCE AGREEMENT WITH BERKSHIRE PARK LIMITED PARTNERSHIP OBJECTIVE: Approve a Non-Disturbance Agreement with the Berkshire Park Limited Partnership, thus protecting Collier County from potential future financial and litigious liability and facilitating the sale of the Berkshire Park Apartments. CONSIDERATION: Berkshire Park Limited Partnership is in the process of selling the Berkshire Park Apartments. In order to consummate the sale, the purchaser contracted with Wilson, Miller, Barton and Peek to survey the property. The surveyor noted some encroachments into the County's Utility Easement, recorded on March 2, 1988 in the Official Records Book 1331, Page 1633 et seq. all of the Public Records of Collier County, Florida. The concrete dumpster pad, located on Wellesley Circle, encroaches into the Utility Easement in an area encompassing an 8" (eight) sewer line. The Public Works Division recognizes that the encroachment of the concrete dumpster pad is nominal. However, the encroachment of the txvo staim, ells attached to Building No. 1720, encroach into the Utility Easement in an area encompassing an 8" (eight) water main. This encroachment into the Utility Easement could present a substantial liability to Collier County and must be addressed. In an effort to provide support for the constituents of Collier County and simultaneously insure indemnification from liability, a Non-Disturbance Agreement has been designed to remove Collier County from any sewer llne and water main break or maintenance liability, resulting from the encroachments. In order to protect Collier County from unnecessary liability or financial responsibility and to provide assurance to the current and future owners of the Berkshire Park Apartments, that an unsubstantiated request for removal of or modification to the existing encroachments does not ensue, a Non-Disturbance Agreement has been prepared by the Real Property Management Department, reviewed by the Public Works Division and approved by the County Attorney's Office. FISCAL IMPACT: Any and all recording expenses shall be paid by Berkshire Park Limited Partnership. GROWTH MANAGEMENT: None PG. ! RECOMMENDATION: That the Board of County Commissioners as Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida: 1. Approve the Non-Disturbance Agreement; and 2. Authorize the Chairman to execute the Non-Disturbance Agreement; and 3. Authorize Staff to record the Non-Disturbance Agreement, in the Public Records of Collier County, Florida. SUBMITTED BY: d. Keith Gomez, Real Property~pecialist II DATE: REVIEWED BY: / ~...<_.~,~//~,_~_ ~,~,.~ e.~z. DATE: Ann Marie Saylor, Inte4-i~n Operations Director Public Works Division REVIEWED BY: APPROVED BY: Paul Mattausch, Water Director DATE: ~' '''; 4,' · DATE:,_ Edward N. Finn, Interim'Public Works Administrator MAR [ 4'"LOOD NON-DISTURBANCE AGREEMENT WHEREAS, BERKSHIRE PARK LIMITED PARTNERSHIP, ("Owner"), is the owner of that certain real property more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Property"). WHEREAS, 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, whose mailing address is 3301 Tamiami Trail East, Naples, Ftodda 34112, ("County"), is the holder of easement dghts in the Utility Easement as recorded in O.R. Book 1331, Page 1633 of the Public Records of Collier County, Ftodda, ("Easement"); and, WHEREAS, (i) a portion of one dumpster pad located on Wellesley Circle within the complex and (ii) two stairwells for Building No. 1720, all presently constructed on the Property encroach into the Easement as is reflected on the survey, Exhibit "B", attached hereto and made a part hereof; and, WHEREAS, County does not release any easement rights it has or may have in and to any of the subject Easement; and, WHEREAS, Owner has requested the County, to hereby acknowledge as a matter of record that, except as provided for herein, will not at this time require any modification to, or movement or removal, if any, of the foregoing encroachments. NOW, THEREFORE, the parties agree as follows: 1. County hereby acknowledges and agrees for itself, its successors and assigns, that' it' will not at this time exercise its right to require any modification or removal of any such encroachment of the existing structures shown on the survey attached hereto as Exhibit "B" or, in the event such structure is damaged or destroyed, any similar replacement structure (provided such replacement structure does not extend any encroachment any further into the Easement), subject to the Owner's compliance with the terms hereof. 2. Except as provided in Paragraph 1, above, Owner agrees not to further encumber County's Easement. 3. If deemed necessary, in the sole judgment of the County in the future, Owner agrees to grant utility easements, find alternative routes, and/or pay for all reasonable costs associated with the relocation of now existing or future installed water and/or wastewater utility facilities, and all reasonable expenses that may be incurred by County (including acquisition of alternative easements) in the event that any or all of the existing water and/or wastewater utility facilities in any-such Easement, in the County's judgment, become inadequate to provide the then required water and/or sewer service. 4. In the event that any of the existing encroachments encumber or inconvenience the County's needed use of the Easement, County will make reasonable efforts to work around such impediments to use. However, Owner agrees to pay for all of the County's costs associated with maintensnce, repair, replacement, and/or relocation of the now'existing and/or future water and/or wastewater facilities, and installation of additional water and/or wastewater facilities to the extent that such costs would not have been incurred but for the respective encroachment(s); said additional costs are, at the election of the County, to be paid to the County in advance of any such installation, maintenance, repair or replacement, etc. County shall be the sole judge of the amount of such "but for' incremental costs. Only if the County, in its sole judgment, is not able to wod( around the encroachments, will the County mandate that the encroachment(s) be moved or removed, at no cost to the County, as then may be needed to allow the County the needed further use of the Easement. Removal of the respective encroachment will be the last alternative solution of any such use problem(s) unless the incremental costs of the least expensive and viable alternative solutions exceed the costs of removal. 5. Owner, its successors and assigns, hereby agree to indemnify and hold harmless the County, their elected and appointed officers, employees and/or agents, from any and ail claims and/or suits whatsoever for damages to property and/or injuries to persons, including death, and from all judgments, court costs, attorney fee's, fees of experts and witnesses, and from all other direct and/or related expenses adsing out of the use, existence, maintenance, repair, relocation and/or removal of the above described encroachments, as well as all operation and/or maintenance of existing and future water and/or wastewater utility facilities and/or related appurtenances, if any, lying over, under, upon and/or through the above mentioned Easement. 6. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and/or assigns. IN WITNESS agreement on this ~.~:~day of dss (Sighature) J Witness (Signature) Name.~ ~ ¢,4'~-\ ~ .~- (Pdnt) STATE OF ~'~'~--~ COUNTY OF WHEREOF, the undersigned has duly executed and delivered this '""~----%-.. ,2000. BERKSHIRE PARK LIMITED PARTNERSHIP, an Ohio limited partnership ~ , · Name:{ ~ v (Pdnt) Address: The foregoing Non-D~sturbance Agreement was acknowledged befor.~ me th~s ~ day of --'~--.,-.',~ , 2000, by ~?_?_?_?_?_;-_~,,.~ F C.~,~.-~-~- ~._, as('-~¢..~.~,',- ~.~_-~ ~J-.,-'~'~' behatf of BERKSHIRE PARK LIMITED PARTNERSHIp,, an-Ohio limited partnership, who is' personally known to me or has produced ~d.¢,~ -.~ .¢,-~.._ as ' identification. (Signature of Notary Public) \ (Affix No ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: BOARD Of COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Exhibit "A" All ~ pa~ of Sec~°n 33, Township 49 South, Flange 26 East, Cailler County, Flork~ being mom I:~ der, crt3ed as follows: Commencing at the Nc:xtt'rwe~ comer of said Section 33, thence along the North line of said Section 33, North 87 26' ;,~t 110.07 feet to the Easterly dght of way line of ~anm Barbara Boulevard; thence along said eastmly fight of way South 0 ° 00' 59' East 560.73 feet; thence continue along said Easterly fight of way ~outh 1 ° 13' 03' p~mt 68.28 fast to the Northerty fight of way line of an access road; thence South 1 * 13' 03' East 70.02 feet to the $outhmly dght of way line of sak:l access road and the POINT OF BEGINNING of the parcel herein cleacrlbed; thence along said Southerly right of way line the follcwving three courses; 1) North 89' 58' 51' East 198.53 feet; 2) Southeasterly 494.69 feet alang the ~.~ of a circular curve concave to the SoL.,l~n,vest having a radius of 1232.33 fae~ m3d b~lng subtm~ed by a chonfl which beam South 78' 31' 05' East 491.37-feet to a point of reverse curvature; 3) Southeasterly, Easteri~ and Nort~ feat along the arc of a circular curve concave to the North having a radius of g22.91 feet and being r, ul3tended by chorcf whlc~ bea~ South 85 *. 36' 05' East 588.23 fast to a poim on said curve; thence leaving saJcl curve and said Southerly fight of way line, along a non-tangential line South 0° 06' 00' Ea~ 526.26 fea~ to the Northerly right of way line of 1-75; thence along said Northerly right of way line, South 87° 54' 55' West 912.3;4 feet thecne continue along said right alway line, westerly 318.51 feet along the arc of a curcular curve concave to the Northeast having a radius of 5567.58 feet and being su~ended by a chord which bears South 89' 33' 15' West 318.47 feet to the Easterly right of way line of Sar~a BaYaa~ Boulevard; thence along said right of way line, North 0' 130' 58' West 214.88 feet; thence cor~lnue along saJcl easterly fight ofway line, North 4· 20' 48' West 491.32 feet to the POINT OF BEGINNING. 75.50' TWO STORY FI~E ~'~ 712 L210.39' / / EXECUTIVE SUMMARY APPROVE WORK ORDER #TE-98-TO-06 WITH TINDALE OLIVER AND ASSOCIATES, INC. FOR A TRAFFIC ANALYSIS FOR A PROPOSED ROADWAY WITI-IIN A FLORII~A POWER & LIGHT EASEMENT FROM RADIO RD. TO DAVIS BLVD., PROJECT NO. 60135 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order #TE-98- TO-06 for a traffic analysis for a proposed roadway from Radio Rd. to Davis Boulevard within a Florida Power and Light (FPL) easement. DESCRIPTION: At the January 25, 2000 Board of County Commission meeting, Item No. 8(B)(7) was approved for funding to conduct a preliminary engineering and environmental analysis for construction of a roadway from Radio Road to Davis Boulevard. This Work Order will enable staff to evaluate the traffic issues and impacts resulting from the proposed roadway. In addition, an alternative analysis will be performed to determine the impacts of extending Livingston Road to Davis Boulevard. FISCAL IMPACT: Funds in the amount of $33,594.00 are available in the Gas Tax Fund in project #60135. Source of Funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Public Works Engineering Department ~4o approve Work Order #TE-98-TO-06 on behalf of the Board. Senior Project Manager, Public Works Engineering Department REVIEWED BY: REVIEWED BY: o~ Director Edward ~.~l~ant, P.E. TranspoYtation Services Director APPROVED BYLT..Edw~r/~ N. F~n, I~teri~inistrator Public Works Division Date: Date: Date~'~~/~ Attachment: Work Order #TE-98-To-06 WORK ORDER # TE-9$-TO-06 Agreement for Fixed Term Traffic Engineering Consultant Services Dated , October 13,1998 (Contract 098-2803) This Work Order is for traffic engineering consultant services for work known as Kinss Way Alternative Corridor Traffic Study Conduct a traffic analysis to determine impacts of constructing a roadway from Radio Road to Davis Boulevard within the FPL easement between the Foxfire and Moon Lake subdivisions. In additio% evaluate an alternative route and its impacts by extending LivingstOn Road from Radio Road to Davis Boulevard. The work is specified in the proposal dated February 23~ 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-TO-06 is assigned to Tindale Oliver and Associates~ Inc. Scope of Work: See the attached Scope of Work Schedule of Work: Complete work within 6.~_0 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task #t - Traffic Data Collection Task #2 - Traffic Planning Analysis Task # 3 - Optional Tasks -est. $ 1,901.00 (lump sum) $17,973.00 (lump sum) $13,720,00 (Time and Material) TOTAL FEE $33,59zt.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. R~lr~ege, J~..~,,~'~ Proj Ivl~nlager D'ate Edward J. K~~c-r/, Date Director T 'ration Services APPROVED BY: ~r Jeff Bibby, Pi -2. PWED Director Date Approved as to Form and ,_.L,e,g~l Sufficiency: ~ ,~ ATTEST: Type Name and Title Template/SN/WO Fixed Term Pro Eng Serv 2 ACCEPTED BY: D.te: 2' 2ct-CX::: Name of Firm Signature 2000 SCOPE OF SERVICES COLLIER COUNTY CONTRACT NO. 98-2803 Work Order #TE-98-TO-06 KINGS WAY ALTERNATIVE CORRIDOR TRAFFIC STUDY INTRODUCTION This scope of services provides for a traffic issues analysis of two alternative proposed roadway connections being considered for construction between Davis Boulevard and Radio Road east of Kings Way. One corridor will be the extension of Livingston Road, and the other will be an existing utility corridor approximately 100 yards east of Kings Way The primary purpose of this study is to identify potential benefits and issues of constructing the proposed connections from a traffic operations perspective. This scope of services will be undertaken under agreement 98- 2803 "Annual Contract for Tra~c Engineering Consultant Services" executed between Tindale- Oliver & Associates, Inc., and Collier County on October 13, 1998. Our proposed scope of services, fees, and schedule are provided below. This scope of services assumes no field traffic volume data will be collected by the Consultant, and assumes that we will make use of turning movement count data and machine traffic volume count data collected by or available from the Collier County Transportation Services Department. Several Optional Tasks are included to facilitate meetings and other services, should they become necessary during the course of the study. SCOPE OF SERVICES TASK ONE-- TRAFFIC DA TA ASSEMBL Y AND COLLECTION The Consultant will make use of historical and current intersection turning movement count data and machine traffic volume count data collected by or available from the Collier County Transportation Services Department. To augment the data collected by the Collier County Transportation Services Department, the Consultant will inventory existing geometric conditions within the study area and, if necessary, an optional task is included in the budget for conducting up to four eight-hour turning movement counts. This scope of services assumes that any needed machine traffic count data will be collected by the Collier County Transportation Services Department. This task includes one trip to Collier County for the project engineer to familiarize himself with the area and to meet with Collier County Growth Management Division and MPO staff to obtain the necessary land use and site development plans and FSUTMS models. TASK TWO-- TRAFFIC PLANNING ANAL YSIS The micro-FSUTMS model of the Collier County MPO will be used in combination with historical traffic volume counts to forecast future traffic volumes. These tools will provide estimates of changes in travel patterns that result from upcoming changes in the major road network, such as the construction of a new interchange on 1-75 at Golden Gate Parkway and the construction of Livingston Road north of Radio road. We will obtain the current micro-FSUTMS transportation model files from the Collier County MPO and contact the Collier County Growth Management Division to obtains~te' dc~,-,,w~---' ...... ~,xxM ~ Tindale-Oliver & .4ssociates, Inc. Sc e of, ' ' ' 02/29/00 1 Kings :~y '~;I q 2000 I ~G. plans and the current build-out status for significant developments surrounding the Kings Way corridor. This review will include areas north of Davis Boulevard and south of Golden Gate Boulevard. Using this information, we will consider modifications to the traffic analysis zone structure in the Collier County MPO's FSUTMS model to accommodate the proposed roadway alignments, the site development plans, and planned major roadway connections. We will review currently adopted 2004 socio-economic data relative to the approved developments and summarize this information and proposed modifications to the socio-economic data for each of these years. These recommendations will be presented to Collier County Public Works Engineering Department staff and Collier County MPO staff for review prior to making the adjustments. We will combine the approved development reviewed for this project with the previous modifications completed for the Santa Barbara Boulevard Corridor Study and the Livingston Road Design Traffic Study previously endorsed by Collier County staff. We will undertake two 2004 FSUTMS model assignments and compare future year volumes with 1990 "validation" network volumes, and consider historical trends to develop future year traffic volume estimates for the study road network iljustrated in the attached figure. P.M. peak hour traffic volumes will be projected to facilitate capacity analyses. We will review the highway networks to be tested with the Public Works Engineering Department staff and present the corridor traffic volume estimates to the county staff prior to proceeding with subsequent steps. We will undertake capacity analyses for the signalized intersections of: · Radio · Radio · Radio · Radio · Davis · Davis · · Road with Airport-Pulling Road; Road with Kings Way; Road with Livingston Road Road with the Proposed Collector Roadway Boulevard with Airport-Pulling Road; Boulevard with Kings Way; and Davis Boulevard with the Proposed Collector Roadway. Davis Boulevard with Livingston Road We will also construct a CORSIM network of the major roadways (Radio Road, Davis Boulevard, Industrial Boulevard, Kings Way, and Livingston Road or the proposed collector roadway) to compare system performance characteristics for each of the two roadway alternatives. The capacity analyses and CORSIM simulations will provide summary statistics such as peak hour vehicle-miles of travel, travel time, delay, fuel consumption and lengths of storage lanes needed to adequately serve the estimated traffic volumes. We will then evaluate the effects the new road connections to Radio Road and Davis Highway will have on adjacent driveways and signalized intersections and traffic design issues that must be resolved. We will prepare a draft technical memorandum which summarizes the assumptions and findings of our analysis and the traffic growth and highway network assumptions under which the 2004 traffic volume estimates were prepared. This technical memorandum will present the diversionary effects of traffic calming measures in the area, the relative pros and cons of constructing the alternative roadways. We will meet with County staff to present the findings of the analysis. Upon receipt of staff comments, we will finalize the report and provide five copies for the County's use. Tindale-Oliver & Associates, Inc. 02/29/00 2 Kin TASK THREE OPTIONAL TASKS We have included two trips to Collier County as part of tasks one and two. This task provides for field data collection that may not be available t~om Collier County, potential revisions to the analysis to address issues that may be raised during the County staff review of the draft technical memorandum, an operating cost analysis to support benefit-cost computations, an additional meeting with County staff, and a meeting to present findings of the study to the Board of County Commissioners. The budget includes the preparation of a Powerpoint presentation for the BOCC. These items, if exercised, will be billed as they are authorized. If not authorized, they will not be billed. TASK FOUR ADDITIONAL MEETINGS AND/OR SERVICES As directed by the County, we will participate in additional meetings with the public, County staff and/or Board of County Commissioners, or undertake additional analyses or test other road network alternatives. Prior to undertaking additional analyses, we will provide the County with fee estimates and confirm authorization to undertake the analyses. SCHEDULE Upon receipt of notification to proceed, we will pursue the corridor traffic study expeditiously to meet your project schedule. We anticipate the study to require no longer than two months. FEE AND BILLING We will undertake the above services for the lump sum fees outlined below: Task One - Traffic Data Collection Task Two - Traffic Planning Analysis Task Three - Optional Services $1,901 $17,973 $13,720 A spreadsheet providing the basis for our fee is attached for your reference. J: I COLLIERkDOCS~cope LKINGSWA Y SCOPE I.doc Tindaie-Oliver & Associates, Inc. 02/29/00 3 , J Kings Way Corridor (3O (",,I0 ("4 o o pAJ~J pOOMJe!J~ P^I8 le!OJaWWOO ._o pAlE) leP],snpul peoB MeN posodoJd uo!suajx:l p~ UO),S§U!A!-I ~eM s§ujN PAl8 pOOMa~le"l p~ )JodJ!~/ AG£ND~ MAR 1 PG. ~ 2000 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. SMT-FT-00-01 WITH SOUTHERN MAPPING TECHNOLOGY, INC. A SURVEY OF THE PROPOSED ROADWAY LOCATED IN THE FLORIDA POWER & LIGHT EASEMENT BETWEEN DAVIS BLVD. & RADIO ROAD, PROJECT No. 60135 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # SMT-FT-00-O1 for a survey to detemine the feasibility for the proposed road alignntent. CONSIDERATIONS: At the January 25, 2000 Board of County Commission meeting, Item No. 8 (B)(7) was approved for funding to conduct a preliminary engineering and environmental analysis for construction of a roadway from Radio Road to Davis Boulevard. This Work Order will enable staff to evaluate the impacts resulting from the proposed roadway and the necessary additional easement of 21 feet on each side of the existing easement known as a "Blowout Easement". -,, FISCAL IMPACT: Funds in the amount of $27,219.50 are available in the Gas Tax Fund in project 60135. Funding Source is Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners authorize the Public Works Engineering Department Director to approve Work Order SMT-FT-00-01 on behalf of the Board. REVIEWED BY: REVIEWED BY: APPROVED BY: Richard J. Hellriegel, P.E., Senior Project Manager public Works Engineering Department ~.-. ,, _,- ,,< ~.~-~-.~ d~.-"Jeff Bibby, P.E., D~ctor ..' Public ~o/ks ~in~o~epa~ment Edw~[d ~~.E. TransP~n ~i~ Direct~ ..~d N. F,n., Adminis~ator (_,~blic Works Division DATE: DATE: DATE: Attachment: Work Order #SMT-FT-00-01 RJH:grr tWORK ORDER #SMT-FT-00-01 Agreement for Fixed Term Land Sur~'eying and Photogrammetric Services Dated JANUARY 25,2000 (RFP 99-2981 ) This Work Order is for professional surveying setwtces for work known as FLORIDA POWER & LIGHT CORRIDOR; RADIO RD. TO DAVIS BLVD TO CONSTRUCT A M1NOR COLLECTOR ROAD The work is specified in the proposal dated FEBRURARY 2, 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 #SMT-FT-00-01 is assigned to SOUTHERN MAPPING TECHNOLOGY INC.. Scope of Work: AS DETAILED ON THE ATTACHED PROPOSAL AND THE FOLLOWING: LOCAT1ON SURVEY, AERIAL PHOTOGRAPHY, DATA BASE OWNER'S SHEET Schedule of Work: Complete work within 60 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, thc County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement), LUMP SUM $ 27,219.50 TOTAL FEE $ 27,219.50 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A' of the Agreement /ISEORGE 1~. RICHM~ ~I~ P.L,~v'''~ DATE EDWARD J. KAN~,~RXNS. DIRECT. DATE //' ,' APPROVED BY: / JEFF BIBBY P.E.;PWED DIRECTOR DATE Approved as to Form and Legal~ Assistant County Attorney ATTEST: (Corporate Secretary) By: ACCEPTED BY: SOUTHERN MAPPING TECHNOLOGY INC. Note: BCC needs to authorize the dollar amount and request Ihat BCC to authorize the PWED Department Director lo execute the Work Order as parl of your Executive S~rnmary Last updated 9/3/98 SO UTHERN MA PPING TE CHNOL OG Y, INC. PROt.'F, SSIONAL SURVEYC)ILS ,,~X,'D M:\PPERS 'Fo: Fax: From: Date: Re: 4376 CORPORATE S©UARE No I * NAPLES, FL 3z.': C,: · r)hone (941) 643-2971 ' Fax (341) 263-9099 Mr. Richard Hellriegel, P.E. Public Works Engineering I)epartmcnt (941) 774-9370 Jim Richmond February 2, 2000 FP&L CorTidor From Radio Road to Davis Boulevard Mr, Hellrieget: Anached please find a revised proposal quo:e for the project rcf'crenccd above. Do not hesitate to call me :fyou have an)' questions. Sincerely, Jim Riclm2ond You should receive 3 page(s) including this covcrsheet SO UTHERN MAPPING TECHNOLOGY, INC. PROFESSIONAl. SURVE'fORS AND MA}'PF:RS 42'7,6 CGI~.I~ORA'I'E SQU.~'.P,/: ,'.*o 1 ' I'IAPLES, FL 3~1% ° ~i'-,c."e,,_,.-, , )'s ...... 643-291] FP&L CORRIDOR FROM RADIO ROAD TO DAVIS BOULE\'A.I:LD COLLIER COUNTY LOCATION SURVEY SMT File 2000/001 PLS PLS I 2 Man ~ 3Man CAD Cierical Total Manager 'RTK. tGPS Crew Tech. Rates $1051hr $100/hr $100.~hr $100/hr $55/hr S30/hr Location Survey Research/Set u2 Crew 8 $ 84000 Pnoto Control 4 .q $ 1,200.00 Location/Ground Truth PnotograDhy ' 5 S 1,600.03 ConL'olling Corners 32 $ 3,200.00 Benchm&rks/Elovations 8 z0 $ 4,800.00 Reduce Data / Details 16 $ 880.00 Word ,~rocessin~/Files 8 $ 240.00 JCalculations j 8 25 S 2,230.03 8 'Fma; Drawing Plot:brig 24 55 6,320.00 8 $ 440.00 !PIc'.~Cppies/Mylars/matenats (1' sheets >er 3 sets) S 49.50 ISubco~sultant Coord[natior' 4 S 420.00 Subconsultant (3Di) i Aeriai Ph'~ography/raster rnagc f $ 5,000.00 TOTAL 20 4-~ i ~. ~3 1,35 ~ $27,219.50 SO UTHER N MAPPING T£' CHNOL O G Y, INC. PRO[.ESSlC)NAI. SURVI.:\'OR$ ,.'~.:','D Ni.,\PPERS ..l;76 Cr';RPOIL,VI E. 5©U '-.? I. r..'o / ' r.,/, p~, ~Eq,., ,ZL 341 ".".... ' ;-': ~,' .'-~ ,~')z'- '. i '343-2911 ' -'zax '.'54 ~ ;. ' 253.q"'~ l:ubruao,' 2,200C) Mr. Richard Hcllne,~cl, P.E. Public Works Enginee~ng Department Collier County Government Center 3301 East Tamiami Trail .Naples, FL 34112 Mr. Hcilricgel: 'I'hank you for the opportunity :o provide you '.,.'it?'. :isu :',_',lie\ring proposal fbr Professional Surx'eying and \lapping Services. A.s to thc FP&L corridor from Radio Road To Davis Boui'.",ard x,` c propose the following: · P.'-ovidc a ce.'-rified }ocation su~'cy of the 2l-foot-w~:_/,~. corn,Jot adjacent lo thc Eas~ and thc West lines of thc existing 110-foot-widr FP&L easement 'prope~y. · The su:'x'ey ,,,,'ill be based on new rectified ace-iai photo~raph.x. · 'r'he Su~ ex' ,,,,'ill loca'~e and denriib' al1 !r.-'.p:ovemcn:s ',,, :t~,:n rhcsc 21-foo:-x~ icta corridors including the ,,round clc,,'a:ions and ht!g}:rs of these improvements. NGVD. 1929. · Thc Sm-vc,, will indicate in thc mac sci adjoining landor, nets by Da,,-cel with as..socialed ownership database from currant Collier Coumv tax records · At a scale of 1"-20' we would provide a map se: of 9 image sheets, l cov~rst',cct, and t ow~ership database sheet, or 11 total sheets per sc\ and tbr pu~oscs of thc proposal vvc assumc 3 sets will be required. \x,:e will also submit computer disc ofAutoC..'xJD DWG files and raster imageD'. · \Vc estimate that the Survey will bc submit\cd :o you ~it!:in 60 days at'our rcccip! o£a notice Ia proceed. · Our complete lump-sum fcc _for \this ?,urvc¥ will be 527.219.50 accordingly to the attached cost breakdown. Please do not hesitate to call should you wren to discuss or have an,,' questions. Sincerely, ~ ~ Professional 1.and Bur'vex, or and Mapper Sotithcm Mapping Technology, Inc. EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A SOVEREIGN SUBMERGED LANDS EASEMENT FOR THE WIGGINS PASS MAINTENANCE DREDGING PROJECT OBJECTIVE: To obtain the notarized signature of the commission chairman along with two witnesses as required by the Florida Department of Environmental Protection for granting a sovereign submerged lands easement for the Wiggins Pass Maintenance Dredging Project. CONSIDERATION: On January 12, 2000, the Florida Department of Environmental Protection issued a Consolidated Joint Coastal Permit and Intent to Grant Sovereign Submerged Lands Authorization for the Wiggins Pass Maintenance Dredging Project. The activity description contained in said permit is as follows: "The project is to widen and deepen Wiggins Pass with subsequent maintenance dredging every two years. The authorized channel width is 250 fi. and the channel depth is -7.5 MLW (plus 1 fi. allowable overdredge depth) between Stations 0+00 through 1+00, and a depth of-12 fi. MLW (plus 1 fi. allowable overdredge depth) between Stations 2+00 through 15+00. The channel will be hydraulically dredged every two years with dredged material placed on the beaches of Barefoot Beach State Preserve (between approximately R-11.4 and R-14.2) and Delnor-Wiggins State Recreation Area (between approximately R-18 and R-20.5).' The initial dredge event includes excavation of a total of approximately 95,000 cubic yards of dredged material: 42,000 cy will be disposed of offshore; 32,100 cy will be disposed of below MLW on Barefoot beach; and 20,900 will be disposed of on the beach at Delnor-Wiggins SRA. Subsequent hydraulic maintenance dredging is anticipated to involve excavation of approximately 43,200 cy every two years." This activity requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. As staff to the Board of Trustees, the Florida Department of Environmental Protection has reviewed the described activity, and has determined that the navigation channel requires a public easement for the use of those lands. The final documents required to execute the Public Easement (Instrument No. 30353, BOT File No. 11- 0220735) are attached hereto. The easement requires the notarized signature of the Commission Chairman (with two witnesses). Authorization to provide the required signatures is hereby requested. Executive Summary Wiggins Pass Inlet Management March 14, 2000 FISCAL IMPACT: The cost associated with this action is that of recording fees in the amount of $37.50. Sufficient funds are available in the current budget for this obligation. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board of County Commissioners: Authorize execution of the attached Soverign Submerged Lands Easement by the notarized signature of the Commission Chairman (with two witnesses). Authorize the fully executed easement to be recorded in the public records of Collier County. SUBMITTED BY: ~~-- Harold E. Huber, Project Manager III Public Works Engineering Department Date: REVIEWED BY: APPROVED BY: ~//JeffBibby, P.E., DirectOr Public Works Engineering Department ,._Y / ......,' .~ .~. Edward N. Finn, I~rira Administrator Public Works Division Date: Date:,---' , HEH.Ih.Wiggins Pass Dredging attachment c: Beach Renourishment/Maintenance Committee Michael T. Poll, P.E., Coastal Engineering Consultants, Inc. This Instrument Prepared By: Tom Butler Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT NO. 30353 BOT FILE NO. 110220735 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to the Collier County Board of County Commissioners, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands described as follows: A parcel of sovereign submerged land in Sections ~ and ~ Township 48 South, Range 25 East, in Wiggins Pass, Collier County., as is more particularly described and shown on Attachment A, dated June 8, 1999. TO HAVE THE USE OF the hereinabove described premises fi.om January 12, 2000, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1. USE OF PROPERTYi The above described parcel of land shall be used solely for a public navigation channel and Grantee shall not engage in any activity except as described in the Department of Environmental Protection Joint Coastal Permit No. 0142538-001-JC dated January 12, 2000, incorporated herein and made a part of this easement by reference. 2. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior fights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 3. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 4. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF ~ EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 5. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to in~peet the works and operations of the Grantee in any matter pertaining to this easement. 6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense, and shall indemnify, defend and save and hold harmless the Grantor and thc State of Florida from all claims, aetinns, lawsuits and demands arising out of this easement. 7. VENUE: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indenmity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims." [40] 8. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null mad void and without legal effect. 9. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. Alt costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County Board of County Commissioners c/o Harry E. Huber, Project Manager, OCPM 3301 Tamiami Trail East Naples, Florida 34112 The Grantee agrees to holily the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 10. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 11. REMOVAL O.F STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall he in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 12. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 13. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this full5, executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R Book and pages at which the easement is recorded. ]4. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities u. ndertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs, Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. Page 2 of 8. Pages Easement No. 30353 17. UPLAND RIPARiAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to section 18-21.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have the written consent of the riparian upland property owner(s) to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, this easement shall terminate and title to this easement shaI1 revert to and vest in the Grantor immediately and automatically. Page ~ of_~8 Pages Easement No, 30353 WITNESSES: Original Signature Print/Type of Witness Original Signature BOARD OF TRUSTEES OF ]'HE INTERNAL IMPROVEMENT TRUST FUND OF TIlE STATE OF FLORIDA (SEAL) BY: Kirby B. Green IlL Depuly Secretau,, Depamnent of Environmental Protection, as agent tbr and on behalf of tim Board of Trustees of the lntemal Improvement Trust Fund of the State of Florida Printq'ype Name of Witness "GRANTOR" STA'IJE OF FLORIDA COtJNTY OF LEON The foregoing instrument was acknowledged before me this __ day of . 19__, by Kirby B. Green 1II, Deputy Secretary, Department of Enviromnental Protection. as agent lbr and on behalf of the Board of Trustees of the flnemal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGA1ATY: DEP Attorney Nota~ Public, State of Florida Printed, Typed or Stamped Name My CmnmissJon Expires: Commission/Serial No. WITNESSES: Collier Count), Board of CounW Commissioners (SEAL) Original Signature Typed/Printed Name of Witness Original Signature BY Original Signature of Executing Authority Timothy J. Constantine Typed/Printed Naine of Executing AuthoritT Chairman l'itle of Executing Authority Typed/Printed Name of' Witness "GRANTEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of 19 , by Thnothv J. Constantine as Chaimmn ~ for and on behalf of the Collier County Board of County Commissioners. He is personally known to me or produced . as identification. My Commission Expires: NotaD, Public, State of Commissim~Serial No. Al'TEST: Page ._~_4 of~8 Pages DWIGHT Easement No. 30353 Printed, Typed or Stamped Name Attachment A: Locator Map for Wiggins Pass Inlet Management Dredging OOLJN T Y Location of Project Attachment A Page 5 of 8 pages Easement No. 30353 ; \ % N 7071 T~L SYSTEI~IS Attachment A Page 6 of 8 pages Easement No. 30353 N 71200.~ ~ Z'" Z'~ I.--~ II II t,i 0~0 0 Z r~ z z .~ 7 Attachment A Page 7 of 8 pages Easement No. 30353 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY CECl C--.rouD Services Civil Engineering Survey & Mapping Coastol Engineering Real Estate Appraisal Mortgage Broker Services Environmental Assessment PROPOSED WIGGINS PASS CHANNEL DESCRIPTION A PARCEL OF LAND SUBMERGED IN THE GULF OF MEXICO SITUATED 1N COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCING AT DEPARTMENT OF NATURAL RESOURCES MONUMENT RI 8 (1973) AT A NORTHING OF 709,906.2906 FEET AND AN EASTING OF 384,127.3938 FEET RUN N 11 °29' 10" W 1002.75 FEET TO DEPARTMENT OF NATURAL RESOURCES MONUMENT R17 (1973) AT A NORTHING OF 710,888.9625 FEET AND AN EASTING OF 383,927.7136 FEET; THENCE N39°09' 12"W 467.45 FEET TO THE POINT OF BEGINNING; THENCE S82°09' 11 "W 100.00 FEET; THENCE S69°01 '09" W 154.03 FEET; THENCE S82°09'I I"W 1,250.00 FEET; THENCE N07°50'49"W 250.00 FEET; THENCE N82~'09' 1 I"E 1,100 FEET; THENCE S85°37' 19"E 306.96 FEET; THENCE N82°09' 11" E 100.00 FEET; THENCE S07°50'49"E 150.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 352,625 SQUARE FEET OR 8.10 ACRES OF SUBMERGED LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THE ABOVE NORTHINGS AND EASTINGS ARE RELATIVE TO THE NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. COA~T,4LL ENGINEERING CONSULTANTS, INC. FLO~ AUTHORIZATION NO. LB 2464 mc -RD j. Ev, 40, v.P. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 96.366WIGGINS-DESC DATE OF SIGNATURE: ~ -,8'- .pp 3106 S. Horseshoe Drive, Naples, Florida 34104 . Phone (941) 643-2324 Fax (941) 643-1143 · www.coastalenglneering.com NAPLES FORT MYE£S SARASOTA LAKELAND Attachment A Page 8 of 8 pages EaSement No. 30353 EXECUTIVE SUMMARY RE-APPROVE AN AGREEMENT BETWEEN COLLIER COUNTY AND BAY COLONY - GATEWAY, INC. FOR THE EXCHANGE OF PROPERTY AND CONSTRUCTION OF A LARGER REPLACEMENT BEACH PARKING LOT AT THE WEST END OF SEAGATE DRIVE WITHIN NAPLES CAY QB~.LV_.E: The Board of County Commissioners was presented the attached Relocation and Construction Agreement at their February 22, 2000 Board meeting (Item 16C(8)). The Agreement was submitted prior to the required advertising, and without the accompanying Resolution pursuant to F.S.125.37. Therefore, staff is resubmitting to the Board the attached Agreement and including the required Resolution for formal adoption and execution. The required advertisement was placed in the Naples Daily News on February 25, and February 28, 2000. As stated previously, the purpose of the Agreement is to provide a new beach parking lot that provides an additional 14 beach parking spaces for the public. CONSIDERATION: As stated in the February 22, 2000 executive summary, BCG is now the developer of the remaining parcels of property known as Naples Cay. The project is directly adjacent to the current County-owned beach parking lot that supports the Seagate Beach Park. The Board was previously approached and approved in concept a proposed agreement wherein the County would trade properties with BCG that would accommodate the revised developmer, t plan for the Naples Cay project. In return, the County will be granted fee title to a larger parcel of land, and BCG will also construct a new beach parking lot upon which a minimum of 38 parking spaces for public beach access will be constructed, versus the 24 that exist today. Finally, BCG, it's successors and assigns as part of the agreement have agreed to provide at no cost to the County non-potable water to irrigate the landscaping that will be associated with the parking lot and a water fountain that will be available for the public. Pursuant to the Resolution, the Board of County Commissioners must consider the property it currently holds to be no longer necessary for County purposes, and such property may be to the best interest of the County exchanged for other real property. Staff is of the opinion that exchanging the County's easement interests in the existing parking lot comprised of only 24 parking spaces for fee simple property that will, when completed, comprise a minimum of 38 parking spaces is to the best interest of the County. FISCAL IMPACT: As advised previously, all costs associated with the construction of the new lot will be born by BCG. Although no final design plans or actual construction cost estimates have been developed to date, the estimated cost of the parking lot design, permitting and construction is expected to be in excess of $50,000. Outside of the already budgeted staff time for the development of the agreement, and review of construction documents and the actual construction there is no direct cost to the County. associated with this agreement. GROVVTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this project. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Relocation and Construction Agreement between Collier County and Bay Colony-Gateway, Inc. and authorize its Chairman to execute the document that will provide for the exchange of property and construction of a larger relocation parking lot as outlined in the Agreement; 2. Adopt the attached Resolution required pursuant to 125.37, Florida Statutes, and authorize its Chairman execute the Resolution; 3. Direct staff to proceed to finalize the exchange of property in accordance with the attached Agreement and follow all appropriate real estate/closing procedures including authorizing the Chairman's signature on all required conveyance or other documents necessary to conclude the exchange; and, 4. Accept for recording in the Public Records all properly executed conveyance instruments, wherein the County is named Grantee, once approved by the County Attorney's Office. Submitted by: SanEda I. Taylor, Director, Real P,~pe, rty Management Department Reviewed by: Thomas W. ~DII~--~, Ad m~~u blic Date: Services Division 1 2 3 $ 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 ~6 37 38 39 4O 41 42 43 44 45 ~6 48 5o 51 53 55 56 58 6o 61 62 63 65 66 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO SIGN A RELOCATION AND CONSTRUCTION AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND BAY COLONY - GATEWAY, INC., FOR THE EXCHANGE OF PROPERTY AND CONSTRUCTION OF A LARGER REPLACEMENT BEACH PARKING LOT AT THE WEST END OF SEAGATE DRIVE WITHIN NAPLES CAY WHEREAS, the Staff of Collier County and representatives of Bay Colony - Gateway, Inc., have negotiated a written Relocation and Construction Agreement ("Agreement") for the exchange of property and construction of a larger replacement motor vehicle parking lot at the west end of Seagate Drive within Naples Cay; and WHEREAS, in accord with Section 125.37, Florida Statutes, this proposed exchange has been advertised two (2) times in the Naples Daily News, a newspaper of general circulation in Collier County; and WHEREAS, the Board of County Commissioners of Collier County, based on the facts and recommendations from Staff, finds that the easement interests in the parcel of land where the existing parking lot is located and other related right-of-way interests, if any, promised therein to be conveyed by the County are no longer needed by the County and these actions are in the public interest provided the County receives fee title to the replacement parking lot and any easements necessary to ensure legal ingress and egress to the replacement parking lot by the public, which shall be used by the County as a public motor vehicle parking lot, and provided the County receives a perpetual easement to ensure pedestrian access from the replac.:ment parking lot to the beach; and WHEREAS, by this Resolution the Board of County Commissioners authorizes its Chairman to execute the .Agreement, attached hereto, by and between Collier County, a political subdivision of the State of Florida, and Bay Colony - G ;te~vay, Inc. 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 its Chairman, on behalf of this Board, to execute the Agreement, attached hereto, author/zing the exchange of property and construction of a larger replacement motor vehicle parking lot at the west end of Seagate Drive within Naples Cay. 2. The WHEREAS Clauses are incorporated herein as if fully restated. 3. This Resolution shall take effect immediately upon adoption. ADOPTED this __ day of favoring adoption. 2000 after motion, second and majority vote ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By: Deputy Clerk TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney RELOCATION AND CONSTRUCTION AGREEMENT 'HIS RELOCATION AND CONSTRUCTION AGREEMENT (hereinafter referred to as Agreement") is made and entered into by and between BAY COLONY - GATEWAY, INC., a Florida Corporation (hereinafter referred to as "BCG"), whose mailing address is 24301 Walden Center Drive, Suite 300,' Bonita Springs, Florida 34134 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, County is owner of that perpetual, non-exclusive parking easement, dated November 3, 1988, conveyed by Naples Cay Master Association, Inc. and recorded in Official Record Book 1411, Page 1013, of the Public Records of Collier County, Florida, better described in Exhibit "A" (hereinafter referred to as the "existing parking lot"), which is attached hereto and made a part of this Agreement; and WHEREAS, Naples Cay Master Association, Inc. (the "Association") is now controlled by BCG; and WHEREAS, the existing parking lot provides for twenty four (24) motor vehicle parking spaces and the County has access to that property pursuant to a perpetual, non-exclusive ingress and egress easemer~t'recorded in Official Record Book 1411, Page 1013 of the Public Records of CoIlier County, Florida; and WHEREAS, BCG is requesting fee simple title to the existing parking lot for purposes of constructing an approved residential community project; and WHEREAS, BCG desires to conv6y to the County a replacement parking lot on th'a~ land, (hereinafter referred to as the "replacement parking lot") described in Exhibit "B", which is attached and made a pad of this Agreement; and WHEREAS, the replacement parking lot shall provide a minimum of thirty-eight ,38) motor vehicle parking spaces for the public's uses related to access to the County beach; and WHEREAS, County agrees it is in the public's best interests to exchange the existin..q ~arking lot for the replacement parking I.ot NOW, THEREFORE, it is agreed by and between the parties as follows: 1. BCG shall, at its sole cost and expense, replace the existing County parking lot by constructing a new parking lot on land currently owned and controlled by BCG, which will serve as the replacement parking lot. When completed, the replacement parking lot shall have not less than thirty-eight (38) motor vehicle parking spaces and, at a minimum, shall be built to the current standards for existing County beach parking facilities. All construction, landscaping and signage shall be built and/or installed by BCG in accordance with plans to be submitted to and approved by the County. 2. BCG, at no cost to County, shall -.;onstruct the replacement parking lot in two (2) phases. Phase I shall provide for the cor, struction of twenty-four (24) parking spaces at the replacement parking lot. The County's existing parking lot shall remain fully functional until the Phase I replacement parking'lot becomes fully functional. This shall occur and be prerequisite,t.o-the commencement of construction of BCG's planned residential project. Phase II shall provide for the construction of the additional fourteen (14) parking spaces and should be completed within six (6) months of BCG's receipt of a final Certificate of Occupancy for BCG's planngd residential tower. 3. BCG, at no cost to County, shall landscape and install appropriate signage and .,,,..pavement markings for both phases of the replacement parking lot. BCG, it successors ~. assigns, shall provide or shall cause the Association to provide, in perpetuity, water at shall serve the irrigation system for the landscaping to be planted within the replacement parking lot. BCG shall maintain both phases of the replacement parking lot until such time as a final Cedificate of Occupancy is obtained for BCG's final Page 2 residential community project, currentl',', known as "The Seasons at Naples Cay." Landscape and general maintenance shall be provided to a level equivalent or better than that of other BCG properties. Upon receipt of the final Certificate of Occupancy, the County shall assume perpetual maintenance of the replacement parking lot. 4. BCG, at its sole cost and expense, shall install a potable water drinking fountain within the replacement parking lot to serve the public. BCG shall provide, or cause the Association to provide, in perpetuity, free po,.able water that will serve the potable drinking fountain. · 5. Within sixty (60) days upon confirmation by the County as to the completion of Phase I and II or upon written request by the County, BCG, for no monetary compensation, shall convey (or by then have conveyed) to the County marketable record title to the replacement parking lot and any easements necessary to ensure legal ingress and egress to the replacement parking lot by the public, including a ten (10') foot wide perpetual, non-exclusive, acces~.pasement to provide for a public pedestrian walkway from.the replacement parking lot to the existing twenty (20")' foot utility, drainage and access easement, as recorded in Plat Book 12, Pages 39 and 40 of the Public Records of Collier County, Florida, to provJd, e public pedestrian access to and from the public beach. BCG shall obtain any such instruments, properly executed, which will remove or release any encumbrance from the replacement parking lot upon their recording in the public records of Collier County, Florida, and any other documents necessary, on or before the expiration of the sixty (60) day period. 6. Upon formal acceptance by the County of the replacement parking lot, BCG shall have no fudher duties or responsibilities with regard thereto other than to provide free water for landscaping as noted in Paragraph 3 and free potable water to the replacement parking lot as noted above in Paragraph 4. 7. BCG agrees, at no cost to the County, to provide County upon request a complete set of "as-builts" for the replacement parking lot. 8. The County, for no monetary compensation, agrees to execute appropriate documentation to BCG to terminate (or convey) any and all of its interests therein, including access, to the existing parking lot. BCG agrees to accept the existing parking lot "as is", specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the County. All Deeds from the County shall in the form specified in Section 125.411, F.S. 9. No person or entity associated with BCG shall have any rights to the replacement parking lot other th~n as members of the general public. 10. BCG represents that the replacewnent parking lot and all use¢,of the replacement parking lot have been and presently are in compliance with all Federal, State and Local environmental laws; that, to BCG's knowledge, no hazai'dous substances have been generated, in excess of level.s permitted by applicable law, stored, treated or transferred on the replacement parking 4.dt except as specifically disclosed herein to the County; that BCG has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the replacement parking lot to be conveyed to the County; that BCG has not received notice and otherwise has no knowledge of (a) any spill on the replacement parking lot, (b) any existing or threatened environmental lien against the replacement parking lot or (c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the replacement parking lot. This provision shall survive all transfer of title from BCG to County and is not deemed satisfied by conveyance of title. 11. BCG shall indemnify, defend, save and hold the County harmless against and Page 3 from, and shall reimburse the County with respect to any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and expert witness and attorney fees and expenses whether in coud, out of court, in bankruptcy or administrative proceedings, or on appeal), penalties or fines incurred by or asseded against the County by reason or arising out of the breach of BCG's representation under Section 10. This provision shall survive the transfer of title from BCG to County and is not deemed satisfied by conveyance of title. 12. BCG shall pay for all costs associated with the exchange of the existing parking lot with the replacement parking lot. Costs shall include but not be limited to recording costs (for conveyance and curative instruments), transfer, documentary and intangible taxes, and the cost of any title commitment. 13. BCG, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless the County, its agents and employees, from and against~any and all liability (statutory or otherwise), damages, claim, s, suits, demands, judgmer~ts, costs, interest and expensb§ (including, but not limited to, attorneys' fees and disburseme.n!s both at trial and appellate levels) arising, directly or indirectly, from any injur,/to, or. death of, any person or persons or damage to properly (including loss of ,isa thereof) related to (a) BCG's use of the existing and/or replacement parking lots; (b) any work or thing whatsoever done, or any condition created (other than by County, its employees, agents or contractors) by or on behalf of BCG in or about the existing or replacement parking lots; (c) any condition of the existing or replacement parking lots due to or resulting from any default by BCG in the performance of BCG' obligations under this Agreement; or (d) any act, omission or '~egligence of BCG or its agents, contractors, employees, subtenants, licensees or ~vitees. In case any action or proceedir g is brought against County by reason of any such thing, BCG shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if County shall so request, at BCG's expense, by counsel reasonably satisfactory to County. 14. The County shall not be liable for any injury or damage to any person or any properly caused by the elements or by other persons within the existing or replacement parking lots, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. 15. As a result of this agreement, the County shall not be liable for any damages to or loss of any property, including loss due to petty theft, occurring on the existing or replacement parking lots, and BCG agrees to hold the County harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the County or its employees. 16. Prior to conveyance of the existing parking lot to BCG and/or, I~rior to conveyance of the replacement parking lot to County, BCG shall provide and maintain, for both sites, general liability and property liability insurance policy(les) approved by the Collier County Risk Management D.e.padment, for coverage not less than One Million Dollars and No/Cents ($1,000,000:00) combined single limits during the entire existence of replacement parking lot. I~' addition, BCG shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Million Dollars and No/100 Cents ($1,000,000.00) each accident. Such ir:su:'ance policy(les) shall list Collier County as .,,~,.an additional insured thereon. Evidence of such insurance shall be provided to the ¢ ;oilier County Risk Management Depadment, 3301 East Tamiami Trail, Administration .~uilding, .Naples, Florida, 34112, for approval prior to the commencement of Phase I as described above; and shall include a provisic.q requiring ten (10)days prior written Page 4: notice to Collier County c/o County Risk Management Department in the event of cancellation or any changes in policy(les) coverage. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to BCG specifying adiculated reason(s) for the need for such modified coverage, whereupon receipt of such notice BCG shall have thidy (30) days in which to obtain such additional insurance. 17. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the padies hereto and their respective successors, subsequent purchasers, heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of 2000. Date Property acquisilion approved by BCC: AS TO BCG: DATED: BAY COLONY - GATEWAY, INC. Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) BY: George R. Page, Senior Vice President AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency Thomas C. Palmer Assistant. County Attorney BOARD OF COUNTY C.O. MIV~S~IONERS cO U R co r¥ ' TIMOTHY J. ~O~TANTINE, Chairman Leg~ dese~ption"'of part. o~ Governnent Lot ~ctioe 16, Tovad~p 49 South, Range 2~ gee! Col'/er CouatT, F~oL-Ldl (bvised 5-3-88) A~ that p~t o£ Gore. raw,mt Lot 1, Section 16, Tovnsh~p 49 ~uth, ~e ~ci~ at ~ 8ou~t ~ of ~t ~ ~ ~ou o~ ~ ~t of ~C ~, ~te ~ivision ~h~e ~k 0~-~,-20· ~ 18.~ i~C ~o the ~. OF ~ Of ~he ~cel h~ein." d~cri ~; then~ continue South 00-$S,-20- East 2~.00 feet ~o a line vhich 'lies 28 feec northerly-of and pa~aJ.lel vith the south line of sa~d ~overnment Lot 1; '~!o=~ mLtd. p~rmtl~l li~ South 890-2~,-~0" Ve~t 680.96 feet; 00-3.~'-20" Vest 2~.00 feet; " ~St 680.~6 feet to the Point of ,Be~nnin~ of the -- ::de~cribed; .re~ trictiov~ vith the ~rofessionLl's seal. county ~ccess mt rev. 5-3-88) EXHIB MAR 1~ 2000 OR'.BOOK P GE WIf,~ON · MIf...I~R - E~,isrt'~N · SOt. I. ~, I:~EK. INC- ' ~I ~hat parc of Government Lot 1, Sec~£on ~nn~ at ~e sou~west co.er o~ ~ 88 on ~e no~ !~ne o~ '~.-' Seagate ~ve as sh~ on ~e pLa~ o~ Un~ ~e, Seagate ~ence a~ong a L~ne vh~ch lies 70.00 ~ee~ no~e~ minuted a~ ~ghC angles ~o) ~d pac~e~ ~un~, ffLo~da ~u~ 89~-24~-40' ~es~ 572.10 fee~ ~o ~e ~ OF ~ence Sou~ 89e-24v-40B ~8~ ~9.00 ~; .. ~e~e Nor~ 0e-35'-20' ~es~ 18.0Q 89e-24,-40~ ~s~ ~9.0Q ~ence No~ p~ce~ 'k' he~n descried; ~ence ~u~ 0'-35'-20' ~ 42.00 Eee~ ~o ~ence ~ 0~ -5'-2" st 18.00 ~ ~eZ "B" con~ining 226B s~a~ ~ .u ~.0. ,~f: 4~406 (~:kd county-a-b ) m ON~c*a~ Recu~ ~ COLLIER COUI'~TY,. FLOR~3A JA~'r,f.~ C. GtLE.~. CLfRK J~ O0 OB 3,,Og, S£.O0 ~ J ~J 44 ..O~.~C. O0 N I ,09 / (~ 9d 'Ol~Z ~ '~ O) IN3~35¥3 N01~43~ 'ZOq Q351A3~ 66/~R/6 EXHiI~IT (~ '£O~ Q~SIA~H 66/~/6 EXHIBIT,,..~ EXECUTIVE SUMMARY APPROVE THE MASTER AGREEMENT AMENDMENT RELATING TO SERVICES FOR SENIORS' GRANT PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN THE MASTER AGREEMENT AMENDMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OB~CTIVE: In order to provide grant funded services to Services for Seniors' clients, a Master Agreement and related amendments, which apply to all gmat contracts, require 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 and related amendments that outline grantee requirements for admini~ering all of the various grants. The Ma~'cer Agreement addresses such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and the State computer n~vork system. Amendment 001 incorporates outcome measures for grant operations. The incorporation of identical language into one document required for all grant programs awarded by the Area Agency tm Aging eliminates multiple signatory requirements of the Chairman, lessens the review time by the County Attomey, and reduces paper use. All individual grant contracts will make reference to the Master Agreement and related amendments 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 gro,~ah management impact from this recommendation. FISCAL IMPACT: There is no financial impact as a resutt of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement Amendment 001 and authorize the Chairman to sign the contract amendment. The~nt has been ~>,iewed and approved bythe County Attorney. / '.:¢ (,/ . _.. ~ ,~ t' ( Date: Prepared by': - - ,,~. ~ ,- Joi~/gerrell, Services for Seniors Accounting Technician Reviewed and . .x~_ . Approved by: Date: /'Nanci E. Lochner, Services for Seniors Program Manager Approved by: \) ~,~,.o,. ~ : ~ Date: M~rtl~ Skinner, $o¢i~d Services Director Reviewed and ~ ~ D Approved b ,y1'.'.'.'.'.'.'.',~-.. ~ ~. Jk. ,.//t Date: Th~'mas ~,'611iff~-~'~rvices Administrator Amendment #001 MASTER 203.00 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER AGREEMENT THIS AMENDMENT entered into between Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida hereinafter referred to as the "agency", and Collier County Board of County Commissioners, hereinafter referred to as the "provider", amends Master Agreement #OAA 203.00. The purpose of this amendment is to revise Attachment V, in the Master Agreement for Collier County. This amendment shall begin on February 15, 2000 or the date on which the amendment is signed by both parties, whichever is later. 2. THIS AMENDMENT shall be effective on the date that it is signed by both parties. All provisions in the contract and any of its attachments which are in conflict with this AMENDMENT are hereby changed to conform with this AMENDMENT. All provisions not in conflict with this AMENDMENT are still in effect, and are to be performed at the level specified in the contract. This AMENDMENT is hereby a part of the contract. P9.7-~- ~ Amendment #001 AREA AGENCY MASTER ON AGING FOR SOUTKWEST FLORIDA, INC. MASTER AGREES~ENT 203 . 00 IN WITNESS WHEREOF, the parties hereto have caused this 4 page AMENDMENT to be executed by their officials there unto duly authorized. Collier County Board.of County Commissioners Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida SIGNED BY: SIGNED BY: NAME: Timothy TITLE: Chairman J. Constantine NAME: John Kochler TITLE: Board President DATE: DATE: PROVIDER FEDERAL ID NUMBER: 596000538 PROVIDER FISCAL YEAR ENDING DATE: 09/30/00 Approved as to legal form and sufficiency: R~dm'/ro Manalich Chief Assistant County Attorney DATED: ATTEST: DWIGHT E. BROCK, Clerk j 2ooo EXECUTIVE SUMMARY APPROVE A RESOLUTION TO CLOSE SR 29 AND COUNTY ROAD 9'tH STREET AND ROBERTS AVENUE IN IMMOKALEE FOR MUSEUM FUNDRAISER OBJECTIVE: To approve a resolution to the Florida Department of Transportation to close roads in order to stage a cattle drive for the Roberts' Ranch fundraising event. CONSIDERATIONS: In June 1996, the Roberts' family oflmmokalee gifted 4.1 acres of property to Collier County with the intent and hope that their historic family home, its outbuildings, citrus grove, farming and household implements, be preserved as a public history museum to depict the community's pioneer settlement and early economic development. In 1999, Collier County purchased additional acreage with original structures, bringing the museum site to 15.2 acres and 15 structures. In November 1999, a committee of Immokalee residents and community leaders was formed to assist in raising funds for the establishment and restoration of the museum, and to build public awareness about the site's historic significance. Working with Collier County Museum staff, the committee has planned a fund and awareness raising event to take place at the Ranch on April 1 and 2, 2000. The event includes a cattle drive on Main Street (SR 29), scheduled to begin at 9 a.m. and end at 10 a.m. on April 1. The cattle drive will be managed by Seminole cowboys leading about 20 head of cattle north on Main Street to 9th Street, ending at the Ranch on Roberts Avenue. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the resolution to the Florida Department of Transportation to close State Road 29 for the cattle drive. Donn//~. Ridewood, Museum Manager, Collier County Museum REVIEWED B~ ~ DATE: ao. 7... ~>o ~ro, Director, Collier County Museum Thomas W. Olliff, Pub~~ces Administrator i MAR 1 4 ?OF} ......-- 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 RESOLUTION NO. 00- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN OR DESIGNEE TO EXECUTE REQUES'FS FOR TEMPORARY CL3S!NG OF STATE AND COUNTY ROADS FOR SEPClAL EVENTS AND OTHER PURPOSES IN THE PUBLIC INTERESTS AND WHICH CLOSURES REQUIRE APPROVAL FROM THE FLORIDA DEPARTMENT OF TRANSPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, from time-to-time in connection with conducting special events unrelated to construction, reconstruction maintenance, or emergency purposes such as, but not limited to, races, fairs, parades, art festivals, harvest festivals or other festivals, and other closures that are required in the public interest, the Collier County Government requests approval from the Florida Department of Transportation to temporarily close state and county roads to accommodate such events and other instances; and WHEREAS, to obtain approval from the State of Florida, Department of Transportation, a request for temporary closing of state road - Form (850-040-65- a) is required to be executed and submitted to that Department; which Form identifies the nature of the event requiring the respective street/road closure(s), specifies the duration of the requested closure, and contains an unconditional statement that the County of Collier assumes all responsibility for traffic control, and liability to third parties regarding claims arising out or and based upon the activities of the special event or other road closure instance, and exonerates the Department of Transportation from such responsibilities; and WHEREAS, the Board of County Commissioners of Collier County, Florida, desires to authorize its then Chairman or designee to execute forms as may be necessary to temporary dose state streets/roads for such special events and other instances where closure is required in the public interest, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 'COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Chairman of the Board of County Commissioners of Collier County, Florida, or designee, is/are hereby authorized to execute any forms required by the Florida Department of Transportation as being necessary and prerequisite to closure of a state streets/roads to facilitate special events and for other county purposes as required in the public interest. A. As used herein, special events includes races, fairs, parades; art, harvest or other festivals and shall have the meanings set forth in Chapter 10, Section 1, Collier County Code of Laws and Ordinances, and shall be limited to Agenda, HAR 1 2000 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 1 those special events for which a complete event permit (festival permit or license) 2 has been issued by the C~,ai,man of the Board of County Commissioners or 3 designee as is then provided for in Chapter 10, Collier County Code of Laws and 4 Ordinances - (Collier County Ordinance No. 70-11), as the same may be 5 amended from time-to-time, and those special events or other County purposes that Collier County has authorized, ratified and/or determined to be in the public interest. B, The issuance of special events permit for any special event requiring the determination that such temporary closure is "necessary" within the meaning of Section 337.406(1 ), Florida Statutes, as amended by Chapter 86-37, Laws of F!orida (1986), or successor provisions t'hereto. 2. The Board of County Commissioners of the County of Collier acknowledges and agrees with the Florida Department of Transportation requirements that said Department and the State of Florida shall not be responsible for traffic control, loss, cost or expenses arising as a result of any such road/street closing, and the Board, by hereby authorizing its Chairman (or Designee) to execute the necessary Forms, agrees that as between the County of Collier and the Florida Department of Transportation, the County shall be responsible for traffic control and liability claims arising from or based upon such road/street closings. 3. Nothing herein shall be construed as any assumption by the Board of County Commissioners of Collier County, Florida, or of Collier County or any of its Officers, employees, or other representatives, of any liability for any claims not directly related to such road/street closure for which the Florida Department of Transportation would otherwise be liable. Nothing herein shall be construed as a waiver of any defense or limitation now or hereafter available to the Board of County Commissioners of Collier County, Florida, of the Collier County, or any of its Officers, employees, or other representatives, pursuant to Section 768.28, Florida Statutes, or any successor provisions ~hereto. 4. EFFECTIVE DATE: This Resolution shall take effect immediately UPON adoption. 5. CONTINUING RESOLUTION: This is a cor}tinuing Resolution and shall be valid and effective until repealed. THIS RESOLUTION adopted after motion, second and majority vote favoring same. NAR t 2O00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DATED: ATTEST: DWIGHTE. DROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Cierk By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Thomas C. P~,lmer Assistant C.,;b',::qt~ Atto:ney MAR 1 ~, 2000 EXECUTIVE SUMMARY AUTHORIZATION TO ADVERTISE AN AMENDMENT TO ORDINANCE #89-69 ON INOCULATION AGAINST LETHAL YELLOWING DISEASE IN COCONUT PALMS. OBJECTIVE: Authorize staff to advertise public hearing to consider amending the county's Lethal Yellow Ordinance 89-69 to make its execution more effective and efficient. CONSIDERATIONS: The proposed amendments to the Ordinance accomplishes the following: (1) Shortening certain response times from thirty (30) days to (15) fifteen days. (2) Authorizing the county to abate these nuisances at its costs if deemed to be cost-justified by in-. house costs-benefits analysis. (3) Providing that this Ordinance is not applicable within any municipality that has then adopted its own lethal yellowing ordinance. (4) Removing incarceration as a possible penalty. (5) Providing that certain hearings are to be held by a Code Enforcement Board rather than the Board of County Commissioners. (6) Up-dating provisions of notice forms The current Ordinance provides that the plant disease known as Lethal Yellowing, which effects over thirty (30) plant species and specifically attacks Coconut palm trees poses a threat of substantial damage to, and loss of property, and the Lethal Yellowing disease is considered an "emergency" as defined in Chapter 252, Florida Statutes. The current ordinance is exceptionally difficult, time consuming, and costly to administer for even a moderate outbreak of the disease. The proposed amendments will streamline the process, reduce costs and allow for better control of the disease. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Authorize staff to publish notice of public hearing in the Naples Daily News and place this item on up-coming "Public Hearing" portion of the Board's agenda. Prepared by: '¢~ :'~- ~':'"'~'~-'-~'~5 i'}~ Date: 2/29/00 _ Denise L. Blan~ofi, Dir"ector Reviewed and ~ ,, Approved By~~ Tho~ias ~. ~-lliff, P~'~.~ervices Administrator Date: Agenda MAR 1 2 3 ,.-., 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDINANCE NO. 00 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, i~EGA_&Di?'.G E~C, CULATON :OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; SHORTENING CERTA1N tLESPONSE TIMES FROM THIRTY (30) DAYS TO FIFTEEN (t5) DAYS; PROVIDING FOR ADDITIONAL MEANS OF NOTICE; AUTHOKIZING THE COUNTY TO ABATE THESE NUISANCES AT ITS COSTS 1F DEEMEM TO BE COST-JUSTiFIED BY IN-HOUSE COSTS-BENEFITS ANAYLSIS; PROVIDING THAT THIS ORDINANCE IS NOT APPLICABLE WITHIN ANY MUNICIPALITY THAT HAS THEN ADOPTED 1TS OWN LETHAL YELLOWING ORDINANCE; REMOVING INCARCERTAT1ON AS A POSSIBLY PENALTY; PROVIDING THAT CERTAIN HEARINGS ARE TO BE HELD BY A CODE ENFORCEMENT BOARD RATHER THAN THE BOARD OF COUNTY COMMISSIONERS; UP-DATiNG PROVISIONS OF NOTICE FORMS; PROVID.I~G FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVEI'OkBILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, t!;e plant disease know as Lethal Yellowing affects over thirty (30) plant 22 species and spccifScally attacks tl:c Coconut pahn (Cocos nucifera) and the Cltristmas palm 23 (veitchia m~,.niliii), thcrcb> posing a continuous and dangerous threat to the existence of the 24 Coconut palm as a viable plant species; and 25 WHEREAS, Lctlml Yellowing poses a tlzreat of substantial damage to mid loss of 26 property, and as such, the tin'eat thereof is considered zm "emergency"'as defined in Chapter ---.O7 252, Florida Statutes; .8 WHERE..X.S, tl:c loss and destruction of the Coconut pah'n would constitute an ecological 29 disaster as well us un aesthetic and economic loss to thc citizens and residents of Collier 30 County; and 31 WHEILEAS, preventive injection of Coconut palms with antibiotics is the only know and 32 recognized method of suppressing the Lethal Yellowing disease, and results in the remission or 33 StOl>ping o£thc LctSal Yellowing symptoms; and 34 WHEILEAS, tl~ continues health of existing Coconut palms promotes the economic 35 36 welfare and general prosperity of Collier County, and the welfare of the public would be best served l~y a mandatory injection and preservation program to treat and protect the Coconut 37 palms currently existing within Collier County; and 38 WHEREAS, Collier County has plenary power to abate public nuisances that affect the 39 40 residents and citizens of Collier County; and WHEREAS, the County hereby desires to shorten response times, provide for additional 41 forms of notice to owners, and authorize the County to elect to abate these nuisances at its own costs if cost jusn f%d based upon in-house cost-benefits mmlysis. 1 NOW, THEP~FORE, BE 1T ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONER. S OF COLLIER COUNTY, FLOR/DA, that Collier County Ordinance No. 3 89-69, as ame)~dcJ, i:; !:e~el'T ft~rI!~er L'.mended to read as follows: 4 SECTION ONE: Title and Citation. 5 This Ordinance shall be tmow and may be cited as the "Collier County Lethal Yellowing 6 Disease Ordinance". 7 SECTION TWO: Applicability. 8 This Ordinance shall apply to and be enforced in all areas of Collier County except in 9 each municipal corporation that has then adopted an Ordinance to control th~ Lethal Yellowing 10 Disease 1.~y removal 0F lrces and/other similar remeOial mg0sures. 11 SECTION THREE: Definitions. 12 Thc foliowi~::; x~ o:ds, phrases or terms as used in this Ordinance shall have the following 13 meanings unlcss ibc context clearly indicates othem,'ise: 14 A. PUBLIC NUISANCE: The treat of infection of Coconut palm trees (Cocas 15 nucifera) with a plant disease l. mowH as the Lethal Yellowing disease, is hereby declared to be a 16 public nuisance. All species of Coconut palm infected with the Lethal Yellowing disease or any 17 carrier of said disease are also hereby declared to be a public nuisance. 18 B. COCONUT PALMS: Means all Coconut palms of the species Cocos nucifera 19 except for those tlu'ccs known as Malayan or Maypan Coconut palms. 20 C. EMERGENCY: Any occurrence or imminent tN'eat thereof, whether natural or 21 caused by man, which rcsuhs in or may result in substantial damage to and/or loss of property. 22 SECTION FOUl>,: Declaration of Lethal Yellowing Emergency. 23 Pursuant to Chapter 252, Flo:'ida Statutes, which authorizes the waiver of procedures and 24 formalities othe;~vise required of political subdivisions in order to take whatever prudent action 25 is necessary to ensure the health, safety and xvelfare of the community in the event of a state of 26 emergency, the Chairman of the Board of County Con:,nlss2cxe;~, o,' :.'ice-cha::man in his 27 absence, or the County Manager in the absence of the Chaimmn and Vice-chaim~an is hereby 28 designated and cmpowcred to declare a Iocal state of emergency in the event the threat of the 29 Lethal Yellox~i,:~g discase is imminent and a quorum of the Bo~d of County Commissioners is 30 unable to meet. The determination that such an emergency exists in the case of Lethal 31 Yellowing shal! be made upon the recommendatian of the Public Services Administrator or 32 designee. 2 Words underlined are additions, words stru:k t,~.~a.':gh are ddetions. 1 2 4 5 6 7 8 9 I0 11 12 13 14 15 16 ...-.t7 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION FIVE: Extent of State Of Emergency. Upon decla:'afion, the state of emergency from the Lethal Yellowing disease shall continue until a detcnmnation by the Public Se~wices Administrator or designee that the threat or danger no longer exists, a recommendation is made to terminate the state of emergency, and such termination is approved by the Board. SECTION SIX: Authorized Emergency Measures. In addition to any other powers conferred by law, by the Public Services Administrator or designee, ~he Chairmau of the Board of County Commissioners or Vice-chairman in his absence, may order and promulgate ail or any of the following emergep, ey measures to ge effective during the period of such dcc!ared emergency, and with such limitations m~d conditions as he may deem appropriate to protect against dan:age or loss of property by Lethal Yellowing: .CD Require thc mandato%' inoculation of all Coconut pahn trees in all areas designated by the Public Sera, ices Administrator or designee for inoculation. 91~ Require the removal of all trees infected by Lethal Yellowing, as detem~ined by the Public Services Administrator or designee. .(21 Utilize all ava[laNe resources of the County government as reasonably necessary to cope with tile emergency, ineludiug expenditures not to exceed Twenty Thousand Dollars ($20,000.00) in ::eLy ,fi~;':d Ye::, for thc sur-.~ey of the existing Coconut pahn tree population, the iuoculaWon of Come, y-owned Coconut pahns, the iuoculation of privately-owned Coconut palms in non-compliance with this ~rdinance, the removal of infected trees on County-owned propel:y and on private prepe:ty when ti~¢ owner has failed to comply with owner-mandated innoculation. removal, or Od~er obligations mandated under pursuant to the implcn~cntation of this Ordinance. ,NOtwithst:tndinL', any other provision this Ordinance, and other reasonable costs of this Ordinance. the Public Services Administrator. bo;cd 9n ii~-house cost-benefits analysis, may have suspected trees inoculated (or have ~ucl~ trt;e.~ rend. ova'd) itl lj~ 0f mandating such inoculation and/or removal by the landowner, LS_.] Curtail the transportation of Coconut palms into or out of Collier County. SECTION SEVEN: Designation of Areas of Mm~datory Inoculation. The areas i:: which mandatory inoculation is required shall be designated on the basis of the presence of trees in fcctcd by the Lethal Yellowing disease or the imminent threat cf infection from Lethal yellowing as determined by the Public Services Administrator or designee. The 3 Words ;mdvrli,~cqi are additions, words stm~ 'k-tl~-ough are deletions. I boundaries for the areas requiring mandatory inoculation shall be set by the Public Services 2 Administrator or designee. 3 SECTION EIGIqT: Unlawful Activities and Mandatory Inoculations. 4 (a) Upon declaration o£ an emergency, it shall be unlawful for any owner of any parcel of 5 land within Collier County a~d within an area designated for mandatory inoculation to keep or 6 maintain an)' Coconut pahns xvithout providing inozulation and treatment ~'s~ £,£ same as 7 approved by the Public Ser~'ices Administrator or designee. 8 (b) If inoculation by the owner is mandated, it shall be the duty and the responsibility of the 9 owner of any such property or parcel of land to have inoculated any and all ~uch trees with an 10 antibiotic apFrovcd by the. Public Services Administrator or designee. 11 (c) Such inocula:ions shall be l;em'forn'md tlu-ee (3) times a year, every one hundred to one 12 hundred and twenty (100-120) days, with inoculations to begin ~vithin t-t:ix:,' (30) fifleen_(LS__) 13 days of public notilicat!on of mandatory inoculation. Trees which were inoculated witNn ninety 14 (90) days prior to public notification of the state of the emergency may continue inoculations at 15 inter~,als of el:e-hundred to one-hundred twenty (100-120) days from the last inoculation, 16 provided proof of ti~at inoculation is given to the Public Services Administrator or designee 17 within thirty (30) days after public notification. 18 SECTION NINE: Public Notice, 19 Fifteen (17} 'Ohrtv. (30) da;'s, prior to the ....., ..; ,...; -= a~ .~:,EPe:':mgEd~ inocul, qon. periods as 20 ,,,~,~.,.~;,-a; .... ~ in o..,,~,,c ; .... ."' ; ,- ~, ,.., the County Manager Administrator of Collier County is hereby 21 authorized dircc:c~ to place a public notice in a paper of general circulation published within 22 Collier County, iii crder to infom'~ the property owners of their duties and responsibilities undcr 23 this Ordinance, SL.~..~ ~:oticc shall bc in substantially the following form: 24 NOTICE OF REQUIRED INOCULATION 25 OF COCONUT PALMS 26 27 Pursuant to Ordinance No, 89-69. as amended of Collier County, 28 Florida, all owners of any lot or parcel of land within the following 29 designated geographic boundaries: 30 31 are required to inoculate all Coconut palm trees (Cocos nucifera) 32 located on their lot or parcel of land. This inoculation may be done 33 by any contractor designated or approved by the Public Services 34 Administrator acting on oehalf of any property owner and using an 35 antibiotic approved by the Public Services Administrator, or 36 designee. Those individuals who do not wish to avail themselves 37 of a certified inoculation contractor may inouclate their trees them 38 selves with material and techniques which have been approved by 39 the Public Services Administrator or designee, Every Coconut 40 pahn tre~: within the gcographic boundaries shall be inoculated and 4 Words ,.::~ :k'rli~ted are additions, words stm~k-t-hmu~h are deletions, MIR ! NO0 [ 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 3 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 the inoculations arc to be performed within thi-t:D%rgO) fifteen (1..53 days front the date of the publication of this notice in a paper of gcncrui circulation in Collier County, Florida. Those Coconut palms currently on an inoculation t;:-agranl _':utd whose ,t:ozt recent inoculation was within ninety (90) cmys of tins pablic notification may maintain their cun'ent inoculation schedule as long as xvritteq proof is provided to the Public Services Administrator of the last inoculation. SECTION 'FEN: Liability of Owner for Costs. Within the time period referred to in Section Nine for owner-mandated inoculation of Coconut pahns, the owner of the parcel of land on which said trees are located must himself iuoculate or make provision for inoculation of his trees by contractors who haye been approved by the Public Services Administrator or designee to provide the treatment necessary to abate the Lethal Ycllowin.¢ disease. .(.h) If thc ow:ac: 2:ils to p:ovidc for inoculation, the owner of any parcel of land upon which palm trees are R, catcd shall bo !iable £or thc expenses incurred by Collier County, its agents or contractors, in t~.catti~g the a£fcctcd Coconut palm tree or trees. SECTION EI.EVFN: Inoculation By Owner. ,Mty property owner may ;tt any time inoculate his/her own trees; provided, however, L[ any such iiaoduh~tion is made after tl~e Public Service Administrator has decided that such inoculations is rCClr, ircd, tile antibiotic and treatment procedures used must be approved by the Public Se~'iccs Adminis'J'ator or designee. All propo;ty owners who inoculate any tree(s) after lite Public Service Administration laa$ dgtermined ,~,::h in:~culation i~ rcqt-~irO,1 must, within ten (I0) days of having the treatment performed, submit to tI;e Public Services Administrator or designee writleu proof of purchase for materials and equipment used in this treatment, and an Affidavit of Compliance in substanti:dly the ibl!owing form: Affidavit of Compliance STA'i E OF FLOtUDA COUSNTY OF COLLIER I/\Ve, , the record owner(s) of property situated at (legal description or street address) hereby attest that on , (date of injection). 1/We injected or had injected (No. of trees) Coconut r~alm trees (Cocos nucifera) located on the afor,esaid ~_.~.p~.,-vy, in accordance with the procedures approved by the Public Services Administrator or designee. I further attest that thc receipts attached hereto are offered as proof of 5 v,'o: ds '_.~:,.L'rlin~:d a: c a,_Iditions, words str-u~-liqFamig4~ are deletions. 1 purchase of the materials and equipment used in 2 treatment of' ali Coconut palm trees. 3 4 FL!]Ci'i tER, .,\FFIANT SAYETH NOT. 5 6 S\\'Oit.x,' 'I O ,.\ND SUBSCRIBED BEFORE ME this ___ da5, 7 or' , -1-9 20 8 9 Notary Public 10 My Commission Expires: 11 12 SECTION TWELVE: Determination Of Compliance With Owner-Mandated Inoculation. 13 .~ All contractors approved by the Public Services Administrator or designee to inoculate 14 Coconut pahns (Cocos nucifera) and participating itl inoculation must submit a list of inoculated 15 trees within five (5) days of inoculation to the Public Services Administrator or designee. These 16 lists should inc!'~dc n:unc of property owner, address, number of Coconut palms located on the 17 property, and the number of Coconut palms inoculated. Failure to notify the Public Services 18 Administrator t0z- d:sSg'.~cc o~all inoculations may result in loss of inoculation certification 19 ttnat contraclor. 20 ~ After the {&il-fy (30) .fifteen (15) day time period described in Section Ten Ibr compliance 21 with provisions o£ Sect/on Twelve and Thirteen, the Public Services Administrator of designee 22 shall make a determination of, and compile a list of, those individuals owning land or parcels of 23 property within Collier- County upon which Coconut palm trees (Cocos nucifera) are located and 24 who have not ccmplied w/th the previsiot4-s 9xvner-mandated requirements of this gec--tion 25 Ordinang¢ or have not submitted ail Affidavit of Compliance pur-suant to Section Twelve as 26 required herein. Upon compiling the list of non-complying property owners, the Public Services 27 Administrator or designee, shall then cause to be mailed by certified mail, return receipt 28 requested, or by !"~cs:in~i',e, of by e-ma/I, c',r by nc~vspapcr publication, a notice to those propmty 29 owners who have failed to coml;ly with owllcr-tllal~daled action(s) required by the Public Service 30 Administrlttor, or {~!h~_':-{he provisions of this Ordinance in substantially the following form: 31 NOTICE 32 'fO: 33 34 ADDRESS: 35 36 37 38 39 4O 41 PROPERTY: You, as the owner of record of the property above described, upon which Coconut pahn trees are located, arc- hereby notified that pursuant to Collier County' Ordinance No. 89-69. as amended, the Public Services Admin/strator or designee, on tho __ day of ,4-9 2000, has determined that a flu'eat to 6 Words underlined are additions, words st,edok-t!x~eugh are deletions. 1 property exists upon such property caused by the existence of Coconut palms, 2 in number, susceptible to being infected with the Letlial Yellowing 3 disease. 4 5 YOU ..\R£ IiEt>~EBh'' NOTIFIED that you must abate this tin-eat to public 6 property x~ it!~in ten (10) days by having said Coconut palm or palms treated with 7 an antibiotic approved by thc Public Services Administrator or designee, failing in 8 which thc Board o1' County Commissioners of Collier County will have it done 9 and the cost thereof will be levied as an assessment against such property. 10 11 (c) If the property owner or someone in his behalfhas not abated ~he.threat to property 12 described in said Notice within ten (10) days from the date of the giving of Notice as aforesaid, 13 tile County shall f'orthwid~ abate the same and enter upon the property m~d take such steps as are 14 reasonably required to cf£cct abatement. 15 SECTION TItlRTEEN: Disposal of Lethal Yellowing Infected trees. 16 La) It shal! bc ~;:al.~,vCcti £or any owner of any parcel of land within Collier County to permit 17 to remain on s:zid p:'opcrty any trcc infected with Lethal Yellowing. Trees determined to be 1 $ in£ectcd wiih keti~a! Ye!lowing by the Public Services Administrator or designee must be 19 remo;'ed and disposed afb>' btzrial at the County Landfill within ten (10) days of notification to 20 the owner. If~he Cotm~ &~cs not dwide to remove such tree(s) at the Counly's costs, 21 notification to property owners shall be mailed by certified mail, return receipt requested, or by facsimile, or by c-m::il, or by new.~pnpcr publication, in substantially the following form. 23 TO: 24 25 ADDtLESS: 26 PROPERTY: 27 You, as tho owner of record et' tile property above described, upon which Coconut 28 palm trees are located, ar~: hereby notified that pursuanl to Collier County 29 Ordir, ancc .'x'o. $9-69, aS amended, the PuNic Services Administrator or designee 30 on the day of ,4-9 2000, has determined that a threat to 31 property zxis[s tq~on such property caused by the existence of Coconut pahns 32 susceptible to b.:ing in£cctcd wi!h the Lethal Yellowing disease. 33 YOU ARE !tEILEBY NO2'IFiED that you must abate this tlu'eat to public 34 property within ten (10) days by having said Coconut palm or palms removed 35 disposed oi' at the County Landfill. Failing in which, the Board of County 36 Conm:issioncrs of Collier County will have it done and the cost thereof will be 37 levied as an assessment against such property. 38 39 ~ If infected trees have not been removed by owner within ten (10) days of notification, the 40 County shall £o:.'daxvith abate the nuisance and shall, tlu'ough its employees, servants, agents or 41 contractors, be authorized to enter upon !he property and take steps as are reasonably required to 42 effect abatement. are add:tions, words stm-c-lc4h, mug-h are deletions. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION FOURTEEN: Assessment For Abating Nuisance, .(~ After '-~/ahh~4hi~+y-.' (¢0) days cf abatement of the nuism~ce by the County, tile cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. Thc:'cupo.,~, ,'he Board et'County Ccn'.missio::ers, b; resolction, s':.~'! assess the cost against such parcel. Such resolution shall describe the land and show the cost of abatement, including administrative costs actually incurred by the County with respect thereto. Such assessments shall be legal, valid, and binding obligations upon the property against which made, until paid. The assessment shall become due and payable thirty (30) days after the mailing receipt of any wrillen fom~ of actual notice of assessment, or posting such notice on the property. after which interest shall accrue at tile rate of twelve percent (12%) per annum on any unpaid portion thereof. .(_b.) The clcrk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution, at thc last available address for such owner or owners, which notice may be in substantially the followmg form: TO: ADDRESS: PROPERTY: NOTICE You, as the record owner of the property above described are hereby advised that Collier Coumy, Florida, did, on the ___ day of .... 4-9 2000, order the abateme:~.t of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being Coconut palm tree(s) requiring inoculation a_gainst the !etha] yellowing disease. A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Collier County at a cost of S Such cost, by resolution of tile Board of County Commissioners of Collier County, Florida, has been assessed against the above property on ,2000, and shall become a lien on the property thirty (30) days al:er such assessment. You may request a hearing before tho Boar~J--ef Country C~m~sieners a Code Enforcement Board to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted, or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, in writing, within thirty (30) days from the date of assessment. If the owner fails to pay such assessment within thirty (30) days after said assessment has been made, the Board of County Conunissioners shall cause a certified copy of the assessment resolution to be filed in tile office of the Clerk of Courts in and for Collier County, Florida; and the assessment sh~ll constitute a lien against the pr.':.pcrty :.ts of the da:e ol E!ing ~.,.~ch :opy with S ~,','~::c!s und~'r]ined are additior, s, words s~-uok-4h~eugh are deletions. MAR I 4 7000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~"~.l 7 18 19 20 21 22 23 24 25 26 27 28 29 30 2 tile Clerk of Courts and shall be collectible in the same manner as liens for non-payment of property taxes. ~ Collection of st~ch assessments, with interest mhd a reasonable attorney's fee, may also be made by the Board of County Commissioners by proceedings in a court .~f equity to foreclose the lien on the assessment in the maimer in xvhich a lien for mortgages is foreclosed under the laws of Florida; and it shall be Iaw£ui to join in any complaint for foreclosure of one or more lots or parcels of land, by whomever owned, if assessed under the provisions of this Section. The property subject to lien may be redeemed at any time prior to sale by the owner by paying the total amount due under said lien, including interest, court costs, advertising costs mhd reasonable attomey's fees. SECTION FIFTEEN: Right to Hearing oil Assessment. .(~ Within thirty (30) days of the date of assessment, any owner shall have the right to request a hearip, g before ',heq3oard cf Cc~.':ty Ccn:missars a Code Enforcement Eoar4 to show cause, if any, wi~y thc expenses and charges incurred by Collier County under this Ordinance are excessive or unwan-anted or why such expenses should not constitute a lien against said property; however, ~.othing contained in this Section is to be construed to disturb or permit a review of the determination by the Beard of the existence of the public nuisance tinder this Ordinance. (b) Public hearings under this Ordinance shall be held by the code Enforcement Board of r- ........ Cc:nn~4ss/~evs upon writte:: ,pplication for hearing made to the Code Enforcement Department within thirty (30) days after date of assessment described above; and an application for hearing, properly filed, shall stay the recording of the assessment until a hearing has been held and a decision rcndcrcd by that Board. .(_C.3 If a~\er said hera-lng ~e ~ Board determines that the assessment is fair, reasonable and warranted, the assessment resolution will be recorded forthwith. If the Board determines that the charges are excessive or un~varranted, it shall direct tSe. Cv,unty F. Ianagcr tv. rccomputo that the charges be rccomputed or ¢Iirninate them altogether, as the evidence warrants. SECTION SIXTEEN: Service of Notice. (a) The requirement of notice under the provisions of this Ordinance shall be met if such notice is mailed by registered or certified mail, return receipt requested, to the owner at the address indicated on the records of tile Collier County Property Appraiser of such lot or parcel of land for ad v;~lorcm tax:~.tion purposes, or by facsimile, by e-mail, or by nexvspaper publication, 9 Wu:ds ~mOerll~ncd are additions, xvords str-uek tkrc. ugh are deletions. MAR I q 2000 -JO- 1 and shall be deemed served when mai4ed sent. However, if the mailed notice is returned to the 2 postal uuthoritics, then tile subject notice shall be adequately given if any form of written notice 3 is actu~dly recci'.'ed 1~;,, tl',e owner, or if published once a xveek for two consecutive weeks in a 4 newspaper o£ge~:c:'al circulation in Collier County and a copy dmreofis posted on the property 5 in question. Failure of such owner to receive such newspaper notice o~ posted notice shall not be 6 deemed to be a det'cnse to any legal proceedings implemented under tl:ds Ordinance. In addition 7 to the foregoing, it' there is an occupied dwelling on such lot or parcel, a copy of the notice 8 required .b.Z this g~-de~ Ordinance shall be served upon the occupant of said building by mail, or 9 personal seiwice, or b3' posting a copy of the notice in a conspicuous place upon t:,e p~operty. 10 (b) If the mailing address of the owner is not kamwn, then service ofnotice on any occupant 11 in possession shall bo stli'12cicnt, l£the mailing address of thc owner is not known and the 12 property is unoccui¢ied., the requirement of a~m.kY such notice under t!:e provisions oft!:is division 13 shall be inet il' such ~:oticc is posted on such lot or parcel. 14 SECTION SEV£NT£EN: Pc:lalties. 15 (a) 1£ any p,:rson fails or reGses to obey or comply with, or violate any of the provisions of 16 this Ordin~:ncc, such person, up~m c--onviction a finding of such offense violation, shall be 17 of-a-~isde~.veano~_md~3b-a~be ptxnishcd by a fine not to exceed Five Hundred Dollars ($500.00) 18 ;opt c,:aeH violal;,.n v~4_L,,-~4~-.-l):4s,.~nn~e~aenot4o ~ecd Sixty (,GO) days in tl:e CouuVy--j,'d-1. or bett.,,win 19 the disc-~:emm-ot~ex4:x~t. Eacll violation or non-.compliance shat4 may be considered a separate 20 and distinct o££c::sc. Furtl:zr, each da.',' of continued violation or non-compliance s!m~!4 may be 21 considered as a separa:e of£ense. 22 (b) Nothing llClCili contai..':ed shall prevent or restrict the County from taking such other 23 Ia,,'fu] action m a:~3 t'c~u:'t o!'conlpctent jm'isdiction as is necessary to prevent or remedy 24 violation or non-con:pliance. Such other lawful actions shall include, but shall not be limited to, 25 an equitable action lbr injunctive relief or an action at law for damages. 26 (c) Further, nothing in this Ordinance shall be construed to prohibit the County from 27 prosecuting any ,,iolation of this Ordinance hy means ora Code Enforcement Board established 28 pursuant to tile authority of Chapter 162, Florida Statutes. 29 (d) All remedies and penalties provided for in this Section shall be cumulative and 30 independently available to the County and the County shall be authorized to pursue any and all 31 remedies set Forth in this Section to the full extent lh~;l] allowed by law. 10 are additions, words str-uc4~thmugh are deletions. 1 SECTION EIGHTEEN: Inclusion in the Code of Laws and Ordinances. 2 The provisions of this Ordinance shall become and be made a part of the Code of Laws 3 and Ordinance of C,.;.iicr C,mnty, Florida. The sections of the Ordinance may be renumbered or 4 rc-Icttcred to acc<,:~qdish suclL and thc word "ordinance" may be changed to "section," "article," 5 or any other app|-opria'~c word. 6 SECTION NINETEt_:.N: Conflict and Severability. 7 In the eve:at this Ordinance conflicts with any other ordinance of Collier County or other 8 applicable law, thc more restrictive shall apply. If any phrase or portion of this Ordinance is held 9 im?alid or unconstitutional by any cou~ of competent jurisdiction, such portion shall be deemed a l 0 separate, distinc~ and independent provision and such holding si'tall not effect the validity of the l I rc:nainin:4 1.2 SECTION T\VE?,:T'f: EfL. cti,,'c Date. 13 This Or0tnzzzzce ,zi',al] bccotnc effective upon receipts of notice from the Secretary of State 14 that this Ordinance i:as been filed with the Secretary of State. 15 PASSED ..,,ND DULY ADOPTED by the Board of County Commissioners of Collier 16 County, Florida, this __ day of ,2000. ..---.17 .9 20 21 22 23 24 25 26 27 28 29 ATTEST: DW!GllT E BROCK., Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Dot)my C',ch: Approved as to ibrm and legal suffizicncy: Thomas C. Pa!m~r TIMOTHY J. CONSTANT[NE, Chmnnan 11 are additions, words sm.~¢ 'k-through mc dcleticas. EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A PICNIC SHELTER FOR EAST NAPLES COMMUNITY PARK Objective: To award the purchase and installation of a picnic shelter for East Naples Community Park to Contract Connections Inc., utilizing the annual State contract. Consideration: The Parks and Recreation Department has specifically budgeted funds in FY 99/2000 to purchase and install a picnic shelter at East Naples Community Park. Contract Connections Inc., a supplier of other Collier County picnic shelters, is currently on state contract (650904) and would be able to deliver and install the shelter for approximately $35,000. Collier County Purchasing Policy stipulates that department must gain BCC approval for annual state contract purchases over $25,000. Fiscal Impact: The cost of the project is approximately $35,000. Funds are budgeted in Fund 368 in the amount of $45,000. Growth Management Impact: The East Naples Community Park is inventoried in the Collier County Growth Management Plan. Recommendation: That the Board award the purchase and installation of a picnic shelter to Contract Connections Inc. for East Naples Community Park. -~ ~/ Date: Prepared by: ~,,,/~-~-a..ff.) (f~-/'~,' ~ ~ J.,ames Fitzek, Operations Manager *'Department of Parks and Recreation Reviewed and ' ,. / Approved by: . ~ _ ~/.d' Date: Mafia Ramsey, Director Department of Parks and Recreation Reviewed and ' " (.~.} ...... ,., Approved by: ~~'~,4 C~.,~z.~ .-' Steve Ca'ell, Diredtor Department of Purchasing Date: Reviewed and Approved by:- i~lk&~ ~ Date: Thomas W. Olliff, Administrl~l~r Division of Public Servicesu~ 03/01/2000 22:46 FAX ~03 SNAPS State Negotiated Agreement Price Schedule DNk~on of Pumha.slng o 40S0 Espta~ade Way · Taltah~ssee, Flot4(ta Delivery will be ~ daTs~er~Mngorder: Wsrmnty / l/~4/?- Pn~uct has envtronmen~l[y cleslnibSe char~'~L~c:s ~1 ~ Encou~ges an emergtn<j t~hnology 03/01/2000 22:46 FAX PtqY-27-1999 19:2~ FL STRTE PURCHC~ING SERVICES 4050 ~ 02 ~:1.~45q'~442 P,O1/0~ h~y~, 1999 Mr. Todd Kzoba Cam~ CmnmtlCe 504 Sou~ 2'" St. Ja¢ks~v~ie. FL 32250 RE: SNA,F'S Ai~'eemen~ ~650904, 805905, ~d 650906 'The ~ed b~ecJaJ Ccmdttio~s must be signed, d*'~. md tesm~'~l w~ your a~eptanee ofdfia rme~L Plmse ~b~LJt yottt lu:x:ept~ce c~t. bis option for rene,a~ immadinmly. Aooept~me of:your agreement For r~qt'~! is sebje~ to f~ud approval or,be Diteo~ of. Stye ~& ~g~mdd ~x~ have ~y quesdoe_~, please c~Jl D~vid Wr/gh~ ~ (.850) 48%3833, Susan Bart (850) 48%6592, Matlba i-lanoack (850} 488-23a? w Glc~a DL~c~ az (850) 921-2212. SNAPS OB:ds ACCEPTED: 7671 Agen~ P AR 1 OOO EXECUTIVE SUMMARY APPROVE THE ASSIGNMENT OF AN AGREEMENT FOR BEACH CONCESSIONS. Objective: That the Board of County Commissioners approve the assignment of a Beach Rental Locker Concession Agreement. Considerations: The County currently has a Concessionaires Agreement with Florida Security' Lockers, Inc. for the provision of beach locker services at Tiger Tail Beach and Barefoot Beach. Mr. Ron Balcom, previous owner of Florida Security Lockers, Inc., has recently sold the corporation to Joseph A. Quinn III. They are requesting an assignment of the agreement, under the same terms and conditions, to the new owner under Section 5, Assignment, of the agreement. Growth Management: None Fiscal Impact: None Recommendation: Staff recommends that the Board approves the assignment and issuance of a new contract under the same terms and conditions, with updated information and new owners signature, and authorize the Chairman to sign. Prepared by: ., .:,'qX---,~ ~SY~? Date: Ja~es K. Fitzek, Operations Manager .jDepartment of Parks and Recreation Reviewed and Approved by: Marla Ramsey, Direct0t Department of Parks ahd Recreation Date: Reviewed and )., Approved by: Steve Camell, Director Depa~ment of Purchasing Date: Reviewed and Approved by~'~~ , Thomas W. Olliff, Adn~trator Division of Public Services Date: j HAR 16 2000 BEACH RENTAL LOCKER CONCESSION AGREEMENT THIS AGREEMENT made effective this .... day oi' ,2000, A.D. between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and Florida Security Lockers, Inc., a Florida Corporation with offices at 5716 Deauville Circle 1-102 Naples, Florida 34112 (hereinafter called "Concessionaire"). SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County the exclusive right to operate the following described concession at two (2) park locations in conformance with the purpose and for the period stated herein and subject to all terms and conditions hereinafter set forth. TERM. This Agreement shall replace the previous contract, shall be in effect for the same term of five (5) years, and shall be renewable upon satisfactory pedormance by the Concessionaire, for one (1) additional period of five (5) years, subject to renegotiation of the percentages offered and the subsequent approval of the Board of County Commissioners. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original five (5) year term. The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention ;~,'hetner or not to accept the extension. FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: The Concessionaire shall install rental lockers in the area located adjacent to the restroom facility at Tigertail Beach and at Barefoot Beach. The area provided shall be no less than 36" wide by 72" tall x 18 inches deep. At startup, no less than eighteen (18) coin-operated rental lockers shall be at each of the two (2) locations. The lockers shall comply with RFP #96-2586. USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and sera'ices, at the two (2) locations as set forth above: The rental and maintenance of security lockers, which will be located in the area adjacent to the restroom facility at said two (2) Collier County Park locations. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Florida Security Lockers, Inc. 5716 Deauville Circle I - 102 Naples, Florida 34112 ATTN: Mr. Joseph A. Quinn III All notices from the Concessionaire to the Co~ ~.qty shah be deemed served if mailed by registered or certified mail to the County at the following address: Director of Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34112 NOT A LEASE. The subject space is licensed to the Concessionaire; that the corporation is a concessionaire and not a leasee; that Concessionaire's right to operate the concession shall continue only so long as the concession operation ~omplies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. ASSIGNMENT. The Concessionaire may not assign this Concession Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign shall be void. Concessionaire agrees that without the prior written consent of the' Board of County Commissioners no shareholder shall sell, assign, transfer or convey his/her stock (except Dy operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. USE OF THE FACILITIES IS PRIMARY. The various Park facilities is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. SECURITY. The Concessionaire must provide any security measures which may be required to protect his area and his equipment, materials and facilities. Such security measures may not violate other restrictions of this Agreement. The County is not responsible for any of same. PERMITS, LICENSES, TAXES. The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conducting of business and agrees t~ - . j HAR 1~ 2008 10. · with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Concessionaire's total business of beach rental lockers at both locations based on the following tier structure: 0 - $ 10,000 per month 7% $10,001 - $ 20,000 per month 15% $20,001 - $ 30,000 per month 20% $30,001 - $ 40,000 per month 23% $40,001 - $ 50,000 per month 26% Over 50,000 per month 28% The percentage shall be based or~ total gross rever~ues per month, broken down for each of the two (2) locations. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. It is also understood that the applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department each monthly Statement of Gross Receipts. The Concessionaire shall provide a copy of his State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. DEFAULT IN PAYMENT. A monthly report of gross receipts, the actual payments computed on that amount, and any other fees due must be submitted to the County, through the Director of Parks and Recreation, ko be received no later than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this consideration by such due date, there shall be a late charge of Fifty Dollars ($50.00) for such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, may cancel this Agreement, and may begin procedures to collect the Performance Bond. Concessionaire is charged with knowledge of whether or not it complies with this paragraph. The County shall not be required to notify Concessionaire of any such default. 11. FORCE MAJEURE. If closure of the facilities or loss or damage of equipment is due to fire damage, flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the County will allow pro ra~a adjuo~,mc:~t ct ~:onthly payments up to the time such damage is repaired. 12. CONCESSIONAIRE NOT TO REMOVE PROPERTY. The Concessionaire agrees not to remove from either of the two (2) locations any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the County. Upon expiration of the term specified in Paragraph l-a, and if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, it may remove his personal property including equipment from the beach locations and shall do so within fifteen (15) days following the expiration of this Agreement. Such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 13. RECORDS, AUDIT. The Concessionaire agrees to establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been ar, d are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide all records for the audit at the designated place within three (3) business days after the County's notice to do so is received. Such statement shall be certified as true, accurate and complete by the Concessionaire ar:d by sn independent Certified Public Accountant. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. 15. 16. 17. 18. 19. 20. COOPERATION. Concessionaire agrees to cooperate with the County regarding all aspects of this Agreement. INSPECTION. The Concessionaire agrees that the concession facilities and premises may be inspected at any time by a authorized representatives of the County Administrator or his designee or by any other agency having responsibility for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by any such inspector(s). WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. WAIVER OF LOSS. The Concessionaire hereby expressly waives all claims against the County for loss or damage sustained by the Concessionaire. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and cause of action arising from this Agreement. NO LIENS. Concessionaire agrees that it will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days of written notice to do so from the County. ORDERLY OPERATIONS, ETC.. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the licensed area. At the County's request, the Concessionaire shall repair or replace lockers that are unsightly in appearance. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, or County Law, Ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreernent by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on any Concession Inspection Report, the Director of Parks and Recreation shall have the right to summarily suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the Director. The Concessionaire shall not commence operation during such suspension until the vioIation has been corrected to the satisfaction of the County. i Agend.~, s i MAR !. i 21. PRICES. The Concessionaire agrees that prices and fees charged for the concession services, as shown in Attachment A, will be competitive with those charged for similar services in the general vicinity of the park. All prices must be displayed and visible to the Concessionaire' customers. All prices/fees or any adjustments to prices/fees must be approved in writing by the Director of Parks and Recreation. The Concessionaire shall rent only those lockers approved in writing by the County. 22. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida, or of any illegal drugs or other controlled substances. 23. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof except for non-payment in Paragraph 10 hereof, (where County has no duty to notify of any default.) anJ such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may summarily cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present upon or occupy any part of the premises for the purpose of exercising any rights so revoked. 24. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All lockers located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide or the safety, orderly operation and security of its facilities. 25. TERMINATION. Should the Concessionaire be found to have failed to perform his services in a manner satisfactory to the County as per the this Agreement, the County may terminate said agreement immediately for cause. The County shall be sole judge of non-pedormance. Further the County may terminate this Agreement for its convenience by giv;ng the Concessionaire a seven (7) days written notice of such intent. The Concessionaire has the right to terminate this ,-~,greemcnt during the first three hundred and sixty-five (365) days of the Agreement term c'ommencing as specified in Paragraph 1- a. Tile Concessionaire must notify the County in writing of such intentions to terminate by giving no less than thirty (30) days advance written notice. 26. COUNTY CONTROLS OF PARK LOCATIONS. Nothing in this Agreement will preclude the County from using the public areas of the two (2) park locations for public and/or civic purposes as the County deems appropriate. 27. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided and vehicles will park only in areas designated for vehicle parking. 29. 30. 31. 32. 'ADDITION/REMOVAL OF BEACH RENTAL LOCKERS. The County may request that the Concessionaire install rental lockers at other County Park locations. In the event that additional lockers are requested, and agreed to by Copcessionaire, additional rental lockers shall be installed by the Concessionaire no later than ninety (90) days from date of the request. The Concessionaire, upon approval from the Director of the Parks and Recreation, may remove rental lockers from park locations which have proven to be unprofitable. ADVERTISING AND SIGNS. The Concessionaire shall provide, at his/her sole expense, required'signs at all public approaches to the licensed facilities. All signage, advertising and posting onto the rental lockers shall be only as authorized by the Director of the Parks and Recreation Department. FLORIDA LAWS. This Agreement shall be governed by and construed in accor'dance with the Laws of the State of Florida. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of eveCy kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof, Subject to Florida Law and limitation therein, the County will be responsible for its sole neg!igonce. INSURANCE. Before commencing work of any kind, the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the County's Risk Manager. Commercial General Liability: Coverage shall have minimum limits of $.300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 33. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Depar[ment. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached cornponen[ pads, ail of which are as fully a part of the contract as if herein set out verbatim: Ali Insurance Certificate; RFP No. 96-2586, and Addendum #1. IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dated: ATTEST: DWIGHT E. ~,ROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DEPUTY CLERK By: TIMOTHY J. CONSTANTINE, CHAIRMAN CORPORATE SEAL Approved as to forrn and legal sufficiency: Melissa A.~asq,.~ez Assistant Cou:'~ty Attorney Florida Security Lockers, Inc. The "Concessionaire" Printed Name ' ' MAR 20g i EXECUTIVE SUMMARY APPROVE CONTRIBUTION AGREEMENT WITH RICHARD R. HARSHMAN AND WILLIAM H. EVERETT. Objective: That the Board of County Commissioners approve a contribution agreement with Mr. Richard R. Harshman and Mr. William H. Everett for the monies raised for the construction of a Croquet and Lawn Bowling facility at Pelican Bay Community Park. Consideration: Mr. Harshman and Mr. Everett have offered the Parks and Recreation Department and the Parks and Recreation Advisory Board, to raise, through donations, the necessary capital for the construction of a croquet and lawn bowling facility at Pelican Bay Community Park. In addition to the construction costs, they have pledge to also raise monies for the first two years of operation, minus user fees collected at the facility. Staff has reviewed the proposal and identified an underutilized portion of the park where this proposed facility would be appropriate. The proposed contribution agreement allows Mr. Harshman and Mr. Everett until February 28, 2001 to raise the necessary capital. The Parks and Recreation Advisory Board has recommended that a contribution agreement be presented to the Board for approval. Growth Management: All improvements will be counted toward the County's park inventory of facilities. Fiscal Impact:. All capital cost and two years of operating costs, minus user fees, will be donated. The agreement requires these monies to be no less than $200,000. Recommendation: execute said agreement. Prepared by: (,_/~rd~h/ c jS~ C//f~ames Fitze~, Op~r/~ons Manager Department of Parks and Recreation Reviewed and M~la~R~a /~f,:~ Approved by: msey, Director Department of Parks and Recreation That the Board of County Commissioners authorize the Chairman to Date: Date: Reviewed and _ Approved by: Thomas W. Ol'i~ff, Admi~[~ator Division of Public Services Date: '~.~-~, ~ MAR 14 200O Lf CONTRIBUTION AGREEMENT February22,2000 Agreement between Richard R.Harshman and William H.Everett and Board of County Conm-fissioners of Collier County, Florida, political subdivision of the State of Florida ("County"). Whereas, the Board of County Commissioners owns the Pelican Bay Community'Park in unincorporated Collier County: and Whereas Mr. Richard R. Harshman and Mr. William H.Everett plan to raise money and donate that money to Collier County in trust to construct a I_,awn Bowling and Croquet Court Facility ("Project") at the Pelican Bay Community Park. The full cost to complete the "Project" is at this time expected to be not less than $200,000. Whereas, Mr. Harshman and Mr. Everett desire and plan to convey to Collier County all moneys needed to complete such "Project" subject to this Agreement. NOW, THEREFORE, in consideration of the covep2.nts herein, the parties agree as follows: 1. Mr. Harstznan and Mr. Everett will use their best efforts to raise (through fund raising) sufficient moneys to contribute to the County in trust all money needed to start, complete, and maintain the "Project" for two years, including permits, engineering, construction and final approval. Mr. Harshman and Mr. Everett shall abide by all laws, rules and regulations applicable to the fund raising and shall raise all money wholly independent of the County. Mr. Harshman and Mr. Everett shall not be agents or otherwise be representatives of the County with regard to any such fund raising. Mr. Harshman and Mr. Everett shall not represent to any person or entity that they represent Collier County with regard to any such 'fund raising. The County shall not be involved directly' or h~directly with regard to the fund raising. The COunty shall merely accept the money in one lump sum if and when the money is conveyed to the County 2. The County will leave its offer to accept the money and build the Project until February 28, 2001. This time period can be extended at the discretion of the Board of County Commissioners. The County will not accept any money until sufficient money is conveyed to the County in trust in a one (1) lump sum payment in an amount sufficient to complete the project and, together with reasonably estimated permit or user fees, to cover ali maintenance costs for a two year period. It is not yet known what the actual total costs of the project will be. -2- 3. By the County accepting actual dcliv~;i)' o~'thc money, the County thereby promises to use that money solely for the Project. Therefore, it will be necessary at the time of delivery of the money to have firm engineered costs to fully complete the Project. 4. Count,',' agrees to maintain the Project for not less than ten (10) years after it is completed conditioned that the facility is adequately used and does not become financially burdensome. 5. It is the intent ot the County to utilize the subject monetary contribution to construct and develop a Lawn Bowling and Croquet facility at Pelican Bay Community Park consistent with the Park's plans. Preliminary details regarding the Project are shown on E.xhibi: A, attached hereto. These facilities shall be open to the public during the then curreni normal operating hours at the Park, subject to payment of annual permit or daily use fees to be set by the Parks Commission. 6. This Agreement contains the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of the Agreement shall be of any force or effect unless made in writing and executed and dated by ail parties hereto. 7. This Agreement and the terms and provisions hereof shall be effective as of the date tl'fis Agreement.is executed by all parties hereto and their respective heirs, executors, personal representatives, successors, and assignees. 8. The Agreement is governed and construed in accordance with the laws of the State of Florida. 9. This Agreement ma>' be tern'finated upon mutual Agreement of the parties. IN W'ITN'ESS '&~--tEREOF, tl~e parties hereto have executed this Agreemen! this of ?~'~ ~ ~,~-/ ,2000 (Printed or Typed) ~prime~ or Richard ~. Harshma~ (Pnnmd or Fyped~ WITNESS (Pfinled or Typed) :tS'~day AT'TEST: DWqGHTE BROCK, CI~rk BOARD OF COU'NTY COMMISSIONERS COLLIER COUq'4TY, I::'LOR.IDA BY: D=pury Clerk Approved as to form arid legal su~ciency: Thoma~ C Palmer - Assist~m! County Atlomey [Conttlbto. ion Agreement] By: Timothy J. Constantine, Chairman :'i MAR- ' 000, EXECUTIVE SUMMARY Authorize the Collier County Public Library to submit an application for a Library Services & Technology Act Grant, and authorize the Chairman of the Board of County Commissioners of Collier County to sign the grant application. OBJECTIVE: To obtain the signature of the Chairman of the Board of County Commissioners on a Library Services & Technology Act Grant application being submitted to address the special Library, technological & informational needs of Collier County's large and growing population of older adults. CONSIDERATION: The Library is eligible to apply for federal funds for special projects. If awarded to the Library, the LSTA Grant would require local matching funds · equal to a minimum of 1/3 of the amount of federal funds requested. The Grant project would begin October 1, 2000 and end one year later on September 30, 2001. The Library intends this to be the first year of a two year Grant. This project targets older adults in Collier County's assisted and independent living. facilities, senior centers and community centers. These older adults have been identified as an underserved segment of the Library community. The Library will use grant money tO hire new staff, purchase new computer equipment, and present programs at the Library and these locations showcasing the Internet, the Library's website and the World Wide Web. The goa! is to provide Library, information and Internet access to this special segment of the Library community. The Library would hire a Library Outreach Specialist II to develop and manage the program, and to provide computer training and hands-on workshops to these older adults. The Library will work in Partnership with these senior centers and facilities to purchase and install computer workstations that incorporate Web based technologies. As a result, a larger number of older adults in Collier County will learn to use technology and have on-line access to the Library, e-mail, and other information resources. FISCAL IMPACT: The total budget for this project is $74,445. If awarded, this Grant application for $49,445 requires local matching funds equal to a minimum of 1/3 the amount of the Federal funds requested. The matching funds for this project will be provided by the Friends of the Library of Collier County. We are also soliciting matching funds from Community Partners to lessen the cost to the Friends. If awarded, the Grant would be resubmitted in FY01 and would be similarly funded by the Friends of the Library in FY02. After two years, the Library will review this prOject. Based on its success and its compatibility with our Long Range Plan, the Library will determine whether to request full Library funding of the program in the FY03 budget. ~- .... ~,~-e~ GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Recommend that the Board of County Commissioners of Collier County authorize the Collier County Public Library to submit an application for an LSTA Grant and authorize the signature of the Chairman of the Board of County Commissioners of Collier County on the LSTA Application cover page (see attached). Marilyn D. Norris, Extension 'D a 'a REVIEWED BY: (~~:. :~.~'x~ c:-.~-._~x Date: lohn W.. Jones~!_j./Library Director APPROVED BY: ~'t~s~~ . Date: .... ~h~nas W.-~..~Public Services Administrator LSTA APPLICATION Application Due: March 15, 2000. LIBRARY / ORGA~qZATION NAME Collier County Public Library MAILING ADDRESS 650 Central Avenue, Naples, FL 34102 PHONE # 941-261-8208 SUNCOM # CONTACT PERSON Marilyn Norris FEID OR SA~5~4~ AND EO # 59-6000558 F/~X # 941-649-1293 E-MaiL ADDRESS Norris@collier-1 ib. org CONTRACTING AGENCYNAME Collier County, Board of County Commissioners TYPE (check one): Public ~ K-12 ~ Academic ~ Multitype Library Consortium ~ Special I~1 State Library CATEGORY (check one): Adult or Family Literacy Born to Read Library. Service to Older Adults FloriNet Connectivity & Services Library Automation Linking Libraries & Communities Technology Training PROJECT NAME Seniors On-Line LSTA FUNDS REQUESTED $ 49, PRIORITY# 1 OF ! APPLICATIONS SUBMIT'rED LIBRARY SERVICE AREA POPiII~TION 210,000 NUMBER PERSONS TO BE SERVED BY TItE PRO/ECT 1,685 TARGETED USER GROUP (Check all tlu2t apply.) I~l Children C3 Youth ~ Adults ~ Other, specify ~ Mixed BO~3~D OF CO~q~' CC(,~IlSSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy J. Constantine, Chairman Date: Approved as to form and legal sufficiency: Assistant County Attorney Older Adults Date EXECUTIVE SUMMARY AUTHORIZE CHAIRMAN TO SIGN CERTIFICATION TO ENABLE LIBRARY TO APPLY FOR LSTA GRANT OBJECTIVE: To obtain the signature of the Chairman of the Board of County Commissioners on the attached "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion." CONSIDERATION: Collier County Public Library is applying for a Library Services and Technology Act grant, through the Division of Library Services, Florida Department of State. Since this grant is for federal funds, this certification is required. This project targets older adults in Collier County's assisted and independent living facilities, senior centers and community centers. These older adults have been identified as an underserved segment of the Library community. The Library will use grant money to hire new staff, purchase new computer equipment, and present programs at the Library and these locations showcasing t. he Internet, the Library's website and the World Wide Web. The goal is to provide Library, information and Internet access to this special segment of the Library community. The Library would hire a Library Outreach Specialist II to develop and manage the program, and to provide computer training and hands-on workshops to these older adults. The Library will work in Partnership with these senior centers and facilities to purchase and install computer workstations that incorporate Web based technologies. As a result, a larger number of older adults in Collier County will learn to use technology and have on-line access to the Library, e-mail, and other information resources. FISCAL IMPACT: The total budget for this project is $74,445. If awarded, this Grant application for $49,445 requires local matching funds equal to a minimum of 1/3 the amount of the Federal funds requested. The matching funds for this project will be provided by the Friends of the Library of Collier County. We are also soliciting matching funds from Community Partners to lessen the cost to the Friends. If awarded, the Grant would be resubmitted in FY01 and would be similarly funded by the Friends of the Library in FY02. After two years, the Library will review this project. Based on its success and its compatibility with our Long Range Plan, the Library will determine whether to request full Library funding of the program in the FY03 budget. GROWTH MANAGEMENT IMPACT: None / RECOMMENDATION: Recommend that the Board of County Commissioners of Collier County authorize the Chairman to sign the attached "Certification Regarding Disbarment, Suspension, ineligibility and Voluntary Exclusion." t Marilyn D. Norris,' Extension Librarian REVIEWED BY: John W. Jones, Library Director APPROVED BY: - .... -~h~)'~as W. ~ Public Services Administrator MAR 1~ 7o~ t CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is requ/red by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participant~' responsibii{ties. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospect/ye lower tier participant certifies, by submission of this proposal, that neither it nor its princip~s m-e presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi-om participation in this tran~ction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. '-x-~. ~- BOARD OF COUNTY CCXv24ISSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy J. Constantine, Chairman Date: ATTEST: Dwight E. Brock, Clerk {~'. Approved as to fo~n and legal sut'ficienc'f: Thomas C. Palmer Assistant County Attprney INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the cerdfication set out below. ~' The certification in ti.is clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this Iran.qaction originated may pursue available remedies, including suspension md/or debarment. 3. The prospective lower tier participant shall provide mediate written notice to the person tO which tiffs proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered tran~cQon," "principal," "proposal," and "voluntarily excluded," as used in this clause, hav~ the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regadations. 5. The prospective !ower tier participant agrees by Submitting this proposal that, should the proposed covered transaction be entered into, it Stroll not knowingly enter into any lower tier covered transaction with a person who is d,ebarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered met/on, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause tiffed "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Tran~ct/ons," without modification, in all lower tier covered transactions and in all. solicitations for lower tier covered transactions. 'L A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction tt'mt it is not debarred. ~aspended, ir,eligible, or voluntarily excluded from the covered transaction, unless it tmows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone Number). $. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in go~d fa/th the certification required by this clause, The knowledge and in.format/on of a participant is not required ~.o exceed that 'wtfich is no. nually possessed by a prudent person in the ordina.~ course of business dealings. 9. Except for w~nsact/o~ authorized under paragraph 5 of these instructions, if a participant in a covered transaction kno',~mgly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded fi-om participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ED Form GCS-009, 6/88 TA Application ~LIS/LSTA01. Effective ! HAR i 7.000 EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 00-3035 TO PRECISION CLEANING INC. FOR EXTERIOR PRESSURE STEAM CLEANING OBJECTIVE: To have the Board of Collier County Commissioners award Bid # 00-3035 to Precision Cleaning Inc. for exterior pressure steam cleaning services. CONSIDERATIONS: Exterior pressure cleaning is utilized throughout the County to clean and maintain over 300 facilities including sidewalks and equipment. On January 11, 2000 formal bid invitations were posted and distributed to 27 vendors who provide this type of service. On Febuary 2, 2000, one bid was received and opened (see attached tabulation sheet). Staffhas reviewed the proposal received and recommends award to Precision Cleaning Inc. as the apparent low bidder. FISCAL IMPACT: Pressure cleaning expenses average $30,000 annually. Funds are appropriated in the Facilities Management Department's and other department's budgets. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan RECOMMENDATION: That the Board of Collier County Commissioners approve award of Bid # 00-3035 for "Exterior Steam Pressure Cleani]~" to Precision Cleaning Inc. SUBMITTED BY "j "~"'""~' ' '~'/~'~' Date: '"Daniel R. Rodriguez, Fa~S~'~anager Department of Facilities Management REVIEWED BY: ~ .~,"~t~-' ?"~,2',/ Skip Camp, CFM, Director Department of Facilities Management Date: REVIEWED BY: Stepher~ Y."Camell/Director Purchasing Department Date: ( 7I APPROVED BY: :'_ ' · ~ Leo E. Ochs, Jr.,'Administrator Support Services Division Date: NO.. _'. ,'- MAR 1 ~ 2000 EXECUTIVE SUMMARY Rejection of Bid # 99-2994, Hazardous Material Training. OBJECTIVE: To reject Bid # 99-2994, Hazardous Material Training. CONSIDERATIONS: Various departments throughout county government require training in Hazardous Materials response with the primary necessity being in the Public Works Division. In order to efficiently provide this service, the Risk Management Department sought bids under Bid # 99-2994, "Hazardous Material Training" for this service. Four providers responded to the bid request. Upon reviewing the bids it was determined that the bid process did not lend itself to an appropriate evaluation of the services proposed. Staffwas unable to determine the level of service being proposed; the minimum requirements for the trainers providing the service; the quality of the training programs; the qualifications of the vendors; or the ability to apply the training to county operations. Staff determined that a more appropriate approach would have been through a Request for Proposals rather than a bid. Additionally, since the release of Bid # 99-2994, a full time Safety Coordinator has been hired within the Public Works Division to provide safety services. Staff is re-evaluating the cost-effectiveness of hiring an outside vendor to provide this service as opposed to the certification of an in-house trainer. If it is determined that an outside vendor is desired, staff will release an RFP for this training in order to properly evaluate the quality of the proposals received. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the Board of Commissioners reject bid #99-2994, Hazardous Material Training. SUBMITTED BY: " .yq.,.J . (]_x~. Date: '"/ · ' Michael Dock, Senior Risk Analyst /! REVIEWED BY: ,,7,~"~'~/'~.L------- Date: J6ff~alker, Director of Risk Management ~VIEWED BY: ~1 ]} , ~/, ~ Date: '~ '"~/'~ C . Steve camell, Vurchasing and General Se~ices Director .--. Date: APPROVED BY: . ~ ..... ,.. Leo Ochs, Jr., SupPo~ Sen, ices Administrator HAR 1 q 2000 pi. / Attachment A ~ U EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO TERMINATE CONTRACT 98-2778, TELEPHONE SERVICES OUTSOURCING, FOR CONVENIENCE. OBJECTIVE: To terminate for convenience, Contract #98-2778, Telephone Services Outsourcing. CONSIDERATION: By mutual consent of both the vendor ( Gulf Coast Telephone ) and the County, IT is recommending that we terminate for convenience our contract for telephone service outsourcing. IT feels the County's telephone needs would be better met with a vendor who can provide sen'ice on the day called and can respond to emergencies in a timely maturer. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To have the Board of County Commissioners terminate for convenience Contract #98-2778, Telephone Service Outsourcing. SUBMITTED BY: Date: E. Michael Berrios, Communications System Manager Information Technology Department Wm. Coakley, Director ~ Information Technology Department Date: REVIEWED BY: x,._&,.£~-'~ . ~" (__~Z2- ~ Stephen Y. CamelI, Director Purchasing/General Services Date: ~" -7' ~i'Ci APPROVED BY: Leo E. Ochs. Administrat°r Support Services Division' Date: EXECUTIVE SUMMARY APPROVAL OF A GROUND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE AND EXECUTE A RESOLUTION REGARDING SAME. O]]a[~C.T.I~: Approval of a Ground Lease Agreement between Collier County ("County") and the State of Florida Department of Juvenile Justice ("State") and execute a Resolution regarding same. CONSIDERATION: On June 10, 1997, the Board of County Commissioners approved a Ground Lease with the State in order for the State to construct a Juvenile Detention facility ("Facility") at the Collier County Government complex. The subject site is located north of the Jail. A location map is attached and appears as Exhibit "A" in the Lease. Under the terms of the 1997 Lease, the State was required to construct the Facility prior to the end of the June, 1997 session of the Florida Legislature. The State was unable to comply (non-performance) with this provision as required resulting in the Lease being terminated automatically. The County has approached the State offering a new Lease to afford the State another opporttmity to develop the subject property. The State has met with staff and has agreed to the terms and conditions contained in the attached Ground Lease Agreement. If approved, a fifty (50) bed juvenile detention facility shall be constructed on the subject site. The Lease term shall be for fifty (50) years commencing on the day of the last dated signature appearing on the Lease. There is a provision for one (1) fifteen (15) year renewal following the initial Lease term. There shall be no annual rent charged since the State is providing a benefit to Collier County. The State shall be responsible for, and pay all costs associated with, hook-ups to sewer and water lines existing at the Government Center. The State shall be responsible for all utilities, assessments and impact fees associated with the installation, maintenance and monthly charges concerning same. The State shall also be responsible for all costs associated with stormwater engineering and permitting. Since the Facility is part of the Collier County Center Development Regional Impact ("County DRI"), the State shall be required to pay its proportionate share of the cost of mitigating the transportation impacts of the County's DRI. The County's transportation consultant, David Plummer and Associates, has estimated these costs with respect to the affect the Facility will have on the County's DRI. It has been determined that the State's contribution toward the County's DRI costs shall not exceed One Hundred Sixty Thousand Dollars ($160,000.00). The State shall be required to pay the County's processing costs, including consultants' and attorneys' fees and expenses up to the amount of Thirty-four Thousand Dollars ($34,000.00), in order to add the Facility to the County's DRI application for development approval ("ADA"). The State shall not commence construction of the Facility until the Facility is approved in a final DRI development order issued pursuant to Section 380.06, Florida Statute, or in the alternative, the Facility is authorized through an amendment to the Preliminary Development Agreement ("PDA") entered into by and between the County and the Florida Department of Community Affairs ("DCA") on August 24, 1999. Upon execution of this Lease, the County shall 'file an application requesting DCA to amend its PDA with the County to authorize the immediate construction of the Facility. no. /~ ~'~ i The Lease requires the State to commence construction by March 1, 2001 and complete the Facility by March 1, 2003. If construction does not commence on or before March 1, 2001, the County shall terminate the Lease by providing written notice to the State. The attached Lease Agreement was reviewed by the Office of the County Attorney, the Facilities Management Department and the Risk Management Department. This Lease does not include the County's standard language stating that the County has the fight to terminate the Lease, at any time, with or without cause. The State objected to the inclusion of this language in the Lease because of the amount of money the State is investing in the project. If the Board wishes for this language to be included in the proposed Lease, the Board is requested to instruct staff to do so. FISCAL IMPACT: The State shall pay the County up to Thirty-four Thousand Dollars ($34,000.00) to amend the County's DRI. This amount reflects the fee being charged by the County's DRI Consultant. That amount will be credited to the DRI expense budget. Staff has negotiated an amount not to exceed One Hundred Sixty Thousand Dollars ($160,000.00) for the impact fee and/or DRI mitigation costs. If this amount is lower, the State shall be credited the unused balance. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Ground Lease Agreement and Resolution regarding same with the State of Florida Department of Juvenile Justice and authorize its Chairman to execute the documents. . , c~~i, Re~ SUBMITTED BY'~'~~ ~ ? ' DATE: · Vlichael H. Dowling, Spe Property Management Department (~/~S~lx/C/arn~, DirectorfFac~ies Management Department // Leo E. Ochs, rjr, Adr ~nist~/ator, Support Services Division DATE: HAR 1.z 2000 Pg. ~- 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 47 48 49 50 51 RESOLUTION NO. ~00 - /( RESOLUTION APPROVING A GROUND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEI~ARTMENT OF JUVENILE JUSTICE FOR A JUVENILE JUSTICE FACn, rrY AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME. WHEREAS, the State of Florida I)eparUnent of Juvenile Justice de~r~ to lease ~ land upon which a Juvenile Justice Facility will be constructed; and WHEREAS, the lease has a term of ~ (50) yea_rs with one (1) fiReen (15) year renewal term; and WHEREAS, the Board is satisfied that such property is required for a Suvenile Justice Facility and is not otherwise needed for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners does hereby find that thc lcased property is required for a Juvenile Justice Facility and is not othm~visc needed for County purposes. The Board of County Commissioners hereby approves the attached less~ Agreement between Collier County and State of Florida Department of Juvenile Justice. The Chairman of Board of County Commissioners is h~mby authorized to execute the attached Ground Lease Agreement. This Resolution adopted this ~ second and majority vote favoring same. day of ,2000, atter motion, A~rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D~puty Clerk (print name) By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and Thomas C. Paffner Assistant County Attorney HAR 1,zl 2000' Pg. GROLFND LEAGUE AGREEMENT This Lease is made and e~tered into this ~ day of ,2000, by and etween COLLIER COUNTY, a poetical subdivision, herein referred to as 'LESSOR', and THE STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, a State Agency, herein referred to as "LESSEE." The actual date of this Agreement shall be the last signature date. In consideration of the mutual covenants provided herein and other good and valuable consideration, the parties agree as follows: ARTICLE 1. DEMISE OF LEA~ED LAND 1.1 LESSOR for and in consideration of the rents, covemmts and conditions herein contained to be kept, performed and observed by LESSEE, does lease and demise to LESSEE, and LESSEE does rent and accept from LESSOR, the real property, reforred to as "Learned Land" described in Exhibit "A", attached hereto and incorporated he,.in by ref~aoace. 1.2 LESSOR hereby represents and warrants that LESSOR is tho owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. 1.3 LESSOR covenants and agrees that LESSEE, on keeping the covenants, conditions and terms of this Lease on LESSEE'S part to be kept or performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of this Lease without hindrance or molestation by LESSOR or any person claiming under LESSOR. ARTICLE 2. LEASE TERM 2.1 This Lease shall be for a term of fifty (50) years, herinafter referred to as "Lease Term." Said Lease shall commence on the day of the last dated signature of this Lease. Additionally, the LESSOR agrees to offer the LESSEE the right to renew this Lease for an additional fifteen (15) year period at the end of "-"'he above referenced fifty (50) year Lease Term under the terms and conditions provided herein. 2.2 It is recognized by LESSOR that LESSEE is providing a significant public benefit to the community and there shall be no annual rent charged by LESSOR. 2.3 If LESSEE shall hold over after the expiration of the Lease Term, this Lease shall extend for six (6) months to provide time in which a new Lease Agreement can be negotiated between LESSOR and LESSEE. ARTICLE 3. UTILITIES 3.1 The LESSOR warrants that sewer and potable water lines are present at the Government Center Complex. The LESSEE shall be granted the right to tie into those lines in order to service the Juvenile Justice Facility ("JJF") to be constructed on the Leased Land without cost to the LESSOR. LESSEE shall pay and discharge as they become due, promptly and before delinquency, all monthly utility fees, license fees, permits, levies, excises whether general or special, ord/nary or extraordinary, of every name, nature or kind whatsoever on or against LESSEE. All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Learned Land shall not be subject to liens for improvements made by the LESSEE and liens for improvements made by LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Leased Land or any pa~ of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. LESSEE shall pay all costs and assessments, impact fees, et ~ aasociated with the installation, maintenance and monthly fees for all utilities in order to operate the JJF such as, but not limited to, electricity, water, air-conditioning and telephones and other communications facilities. MAR 1, 2000 · AR~ 4. ' USE OF PREMISES 4.1 LESSEE shall have the right to use the Leased Land only for the purposes specifically referenced hcreim It is undemtood and agreed that the primary purpose of LESSEE for the use of the Leased Land is the construction and operation of a Juvenile justice Fscility. 4.2 The property shall be used by the LESSEE solely as a location for a Juvenile Justice Facility and activities dirocfly related and incidental thereto pursuant to the provision~ contained in Ch~ 39 (and subsequently amended) of the Florida Statutes, which servicez shall be provided by LESSEE itself or 4.3 Thc plans, specifications and building design for the LESSEES facilities to be constructed on the Iamsed Land arc subject to reasonable appwvai by LESSOR. 4.4 LESSEE agrees to commence construction of the approved i ~ml~ovememts to the Leased Land by March 1, 2001. In the event LESSEE does not commence construction on or before said date, then this Lease may be terminated by written notice of termination delivered to LESSEE in which event neither party shall have any further obligations to the other party. UPOn commencement of consmu:tion, LESSEE shall diligently pursue said construction to completion by March 1, 2003. 4.5 LESSEE, at its own expense, agrees to connect to potable water and sewer lines to the Leased Land, as well as storm water engineering, permitting and modifications. LESSEE will assume the responsibility and costs for the provision of all remaining infiasU'ucmm to service the Les,se Land. All improvements to the Leased Land shall be constructed in compliance with all governmental regulations pursuant to valid permits. In addition, LESSEE shall be responsible for the costs of repairing any damage to LESSOR'S roads, water and sewer facilities or other ~cture located within or outside the Leased Land resulting from construction or use by LESSEE, its agents, officers or employees. 4.6 In the event LESSEE shall cease to use the Leased Land for the purposes described in Section 4.1 above, and such cessation of use shall continue for a period of thirty (30) days, this Lease, at the option of the LESSOR, upon thirty (30) days written notice to the LESSEE, shall be terminated and LESSEE shall surrender and vacate the Leased Land to the LESSOR with thirty (30) days after receipt of the notice of such termination. ARTICLE S. ENCUMEBRANCE OF LEASEHOLD ESTATE 5.1 LESSEE shall not encumber, by mortgage or other security instrument, or by way of assignment, or otbenvise, LESSOR'S or LESSEE'S interest under this Lease and the leasehold estate hereby created for any purpose without the consent of LESSOR, which consent may be withheld in the absolute discretion of LESSOR. ARTICLE 6. REPAIRS AND RESTORATION 6.1 LESSEE, throughout the term of this Lease, at its own cost, and without any expense to the LESSOR, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sanitary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning), landscaping of the Leased Land as well as the grounds immediately adjacent to the site and improvements commonly known as the a Juvenile Justice Facility on the site. Such repair may also include structural repair, if deemed necessary by the LESSEE· LESSEE shall also comply and abide by all Federal, State, Municipal and other Govenlmental Statutes, ordinances, buildings and improvements thereon, or any other activities or conditions on or in the Leased Land. If the Leased Land is partially damaged by any casualty iammble under the LESSEE'S insurance policy, if any, or its self-insurance proglam, LESSEE may at its option, upon receipt of the insurance proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased Land, including buildings and improvements thereon: (a) m'e rendered wholly untenantable by reason of such occurrence or, (b) damaged, in whole or in part, to the extent fifty percent (50%) or more of the replacement cost on date of loss thereot~ in the sole judgment of LESSEE, then in either such event, LESSEE, may repair the damage. If LESSEE chooses not to repair the damage, LESSOR may cancel this Lease. Notice of cancellation should be provided within sixty (60) days after either of the above described events occur, and thereupon this Lease shall terminate, and LESSEE shall vacate and surrender the Leased Land to LESSOR. 6.2 LESSEE shall not do, suffer to be done, in, on, or upon the Leased Land or as affecting the Leased Land, any act which may result in damage or depreciation of value to thc Leased Land or any part thereof. LESgEE shall not commit or suffer to be committed any waste or hazardous condition~ or nuisanc~ to the site. If at*any time during the term of this Lease any hazardous materials are d/scovered on the site, LESSOR will take whatever clean up or abatement actions are necessary. LESSEE may initiate by contractual agreement ~ ~)hasc onc' environmental audit on thc Leased Land prior to the last signature date of this Agreement If avironmentally hazardous materials are found to be present on the Leased Land, Lessee may cancel this Agreement. 6.3 LESSEE .~hail maintain with the Division of Risk Management, Depamnent of Inmmmce, an insurance policy up to the statutory limit for all claims for which sovereign immunity has been waived pursuant to Chapter 768, Florida Statute, for its tree of the Lease Land. LE'iSEE agree~ lo pmotre fire and extended risk im?rovements by preparing and delivering to the Division of Risk Management Department of Insurance Coverage, a completed Florida Fire Insurance Trust Fund Coverage Request Form immodiate[y upon completion of any improvements or structures az evidenced by the issuance of a Certificate of Occu~ncy by the State Fire Marshall. 6.4 In order to provide for the more orderly development of the site, it may be necessary, desirable, or required that right-of-way, slxeet, utility lines and easements or licenses or similar rights be granted over or within portiorls of said site. LESSOR shall, upon request of LESSEE, join with LESSEE in executing and delivering such documents, from time to time, and throughout thc term of this Lease, as may be at~0ropriate, necessary or required by any governmental agencies, public utilities, and companies for this purpose. 6.5 LESSEE will take all necessary efforts to obtain any zoning, subdivision site plan environmental audits, or building approvals, on the sitc, or any part thereof with which LESSEE may be required to comply. LESSOR agrees, from time to time, to assist the LESSEE in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site, or any part thereof, for the purpose of obtaining such approvals. If for any reason zoning, easgments, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended and expressly stated herein, this Lease shall be null and void. 6.6 The LESSEE is a State agency or subdivision as defined in Section 768.28, Florida Statutes, and agrees to be responsible for its own negligent acts or omissions or tortious acts which result in "'"'~laims or suits against thc LESSOR. Provided, however, nothing in this provision is intended to alter the £SSEE'S immunity in tort or otherwise impose liability on the LESSEE for which it would not otherwise by law be responsiblc. Accordingly, LESSOR acknowledges and agrees that it shall bc responsible for its own negligent actsoromissionsor tortious acts. Pursuant to 768.28(18), Florida Statutes (1994 Supplement), LESSEE may not increase the limits of its liability in this Lease with the LESSOR. Further, the LESSOR and LESSEE are aware of no specific authority vested in LESSEE that would permit LESSEE to indemnify or hold the LESSOR harmless from liability. Nonetheless, LESSEE will require its contractors, construction managers, architects, and engineers to be fully responsible for their negligent acts or omissions or tortious acts which result in claims or suits again.~t the LESSOR, and to agree to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve az a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee of the LESSOR. 6.7 The Leased Land (including land and improvements thereon) will be used for a Juvenile Justice Facility. The LESSEE may contract the operation of this facility to a private contractor, hereinaRer called the Operator. The LESSEE or Operator shall be responsible for all day-to-day operations of the program on the Leased Land, except as specifically set forth in this Lease. The LESSEE or designated Operator shall be responsible for the supervision of all juveniles housed on the Leased Land. All activities shall be conducted inside the secured JIF. No juveniles committed for placement in this facility shall leave the JIF without secure supervision. If the LESSEE elects to contract with a private Operator as provided by this Section, the contract between the Operator and the LESSEE shall require the Operator to maintain in full force and effect a policy or policies of insurance providing law enforcement liability coverage and naming LESSOR az an additional insured thereon in an amount not less than Two Million Dollars ($2,000,000.00) per incident. This policy of insurance shall be in addition to said policies for fire and extended perils coverage required by said agreement between LESSEE and Operator. Said policies shall require at least a thirty (30) day notice of the insured in the event of cancellation for non-payment of premium. 6.8 Expenses for each of the foregoing instances, unless expressly agreed to herein, shall be ~iome solely by the LESSEE and LESSOR shall be without expense. HAR 2000 Pg. ~ _ · ARTICLE 7. ' MECHANIC'S LI~NS 7.1 LESSEE shsil be responsible for liens filed against thc Leased Land that are attributable to the context of the LESSEE, its agents or assigns. ARTICLE 8. ASSIGNMENT AND sUBLEASE 8.1 LESSEE shall have no right to assign, convey or transfer LESSEE'S interest in this Leame and the leasehold estate created hereby. ARTICLE 9. DEFAULT AND REMI~J~HgS AND SUBLEASE 9.1 No failure to perform any condition or covemmt of this Lem~e shall entitle LESSOR to t~axfinate this Lease unless: 1) such failure shall have continued for thirty (30) days afmr notice in writing requiring the performance of such condition or covenant shall have been given to LESSEE; and 2) if such default is of such a nature that it cannot be remedied within this time, then, unless LESSEE shall fail to cure such default within said period, an additional timeframe shall be reasonably ~I to the LF~SEE in order to cure the default, provided that LESSEE shall commence to ¢lll'e the default within said period and thereafter shall diligently continue the curing of the default. ARTICLE 10. TERMIINATION AND SURRENDER I0.1 Unless otherwise mutually agreed by the parties, within thirty (30) days after termination of the Lease Term, LESSEE agrees to redeliver possession of the Leased Land to LESSOR in good condition and repair. LESSEE shall have the right at any time during LESSEE'S occupancy of the Leased Land to v~nove any equipment, buildings, signs and fixtures owned in, on or under the Leased Land occupied by the LESSEE, provided, however, at the termination of this Lease, LESSOR shall have the option of either requiring LESSEE to demolish and remove all improvements made by LESSEE to the Leased Land upon LESSEE'S vacation thereof, or to require LESSEE to retain said improvements on the Leased Land which improvements will become the property of the LESSOR upon LESSEE'S vacation of the Leased Land. ARTICLE 11. GENERAL PROVISIONS 11.1 In compliance with State Legislature, Section 255.2502, Florida Statutes, the State of Florida's performance and obligations to pay under this conlract are contingent upon annual appropriation by the Legislature. 11.2 All of the provisions of the Lease shall be deemed as running with the Leased Land and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.3 No failure by either LESSOR or LESSEE to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but eac~ and every covenant, condition, agreement and te~m of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 11.4 Time is declared to be of the essence of this Lease and of each provision. 11.5 This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. 11.6 Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between LESSOR and LESSEE, and no provisions contained in this Lease, nor any acts of the parties shall be deemed to create any relationship between LESSOR and LESSEE, other than the relationship of LESSOR and LESSEE. Person or persons employed or volunteers of LESSEE shall have no claim against LESSOR as to pensions, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by LESSOR to its officers and employees. 11.7' Florida. · This Leaae shall be governed by and interpreted according to the laws of the State of 11.8 Articles, subsections and other captions contained in this Lease are for refe~oace purposes ~ly and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Lease or any portion thereof. 11.9 The provisions, terms or conditions of this Lease shall not be con~ued as a consent of the State of Florida or any agency thereof to be sued because of said Leasehold or otherwise. 11.10 This Lease sets forth the entire undea~anding between the parties an shall unly be amended with the prior written approval of both the LESSOR and the LESSEE. Notice to the LESSOR s~all be addnmsed to: Board of County Commissioners c/o Real Property Management Department 3301 Tam/ami Trail East Administration Building Naples, Florida 34112 Copy to: Facilities Management Department Director Notice to the LESSEE shall be addressed to: Department of Juvenile Justice 2737 Centerview Drive Knight Building, Suite 304 Tallahassee, Florida 32399-3100 RTICLE 12. RADON GAS 12.1 In compliance with Subsection 404.056, Florida Statutes, all parties axe hereby made aware of the following: Radon is a naturally occun'ing radioactive gas that, when it has accumulated in sufficient quantities in a building, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Floridm Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 13. DEVELOPMENT REGIONAL IMPACT 13.1 The LESSEE and LESSOR agree that the proposed JIF is part of the Collier County Government Center Development Regional Impact ("CCGC DRY'). The LESSEE shall pay its proportionate share of the cost of mitigating the transportation impacts of the CCGC DRI, as determined during the DRI review process and specified m the transportation conditions contained in the final DKI Development Order. An estimate of the LESSEE'S proportionate share of the CCGC DRI transportation impact mitigation costs shall be determined by the transportation consultant, David Plummer and Associates, based upon the ratio of the non-vested automobile trips generated by the JIF to the number of non-vested automobile trips generattd by the CCGC DRI. The LESSEE and LESSOR agree that the amount of the transportation impact mitigation cost to be paid by LESSEE shall be, at a minimum, the LESSEE'S total transportation impact fees required by application of Collier County's transportation impact fee ordinance in effect at the time that a building permit is issued and, not to exceed One Hundred Sixty Thousand Dollars ($160,000.00). 13.2 The LESSEE agrees that the JJD facility shall be included, as an amendment, in the County's application for development approval (ADA) for the CCGC DRI filed by LESSSOR in December, 1999, and to provide LESSOR and its designated consultants with all information, plans and specifications for the facility reasonably needed for the ADA amendment, and for the review of the CCGC DRI conducted pursuant to Section 380.06, Florida Statutes. 13.3 LESSEE and LESSOR agree that construction of the JIF may not commence until the ~aeility is approved in a final DIR development order issued pursuant to Section 380.06, Florida Statute, or in the alternative, the facility is authorized through an amendment to the Preliminary Development Agreement (PDA) entered into by and between the LESSOR and the Florida Department of Community Affairs (DCA) on HAR 2000 Pg .... ~>~ _ August 24, 19~)9. Upon execution of the Lease, LESSOR shall promptly Eflc an application requesting DCA to amend its PDA with the County to authorize thc immediate eolk~tr~tion of the facility. It is LESSEE and LESSOR'S desire and intent to obtain all necessary governmental approval and permits, including amendment of the PDA, so that consmmtion of thc facility may commence by July 1, 2000. 13.4 The LESSEE agre~ to pay the LESSOR'S proce~ing ~ includin~ comultants' and attorneys' fees and expemes up to the amount of Thirty-four Thousand Dollars ($34,000.00), rmmlting from the following actions to be carried out by the LESSOR in order to add the JJF to the CCG-C DRI ADA md to enable its construction to commence: (a) determining the LESSEE'S proportionate share or percentage of the automobile trips generated by the CCGC DR/; Co) obtaining pwfessional estimates of the amoun~ of the LESSEE'S proportionate share of the transportation impact mitigation costs based on both (i) application of thc current Collier County impact fee ordinance and (ii) thc anticipated ttansporta~on impact mitigation to be x~luired by the CCGC DRI development ords~ conditions; (c) amendment of ~ PDA betw~m the LESSOR and DCA to authorize coramencement of consuuction of the JYF; (d) amendment of the CCGC DRI ADA to include the JJF and review thc amended ADA by the pcrmit~g agencies; (c) thc amendment, if requin~ md processing of permits for thc CCGC, including the JJF, issued by the South Florida Water Management District. The LESSOR shall present monthly statements to LESSEE showing the amounts of thc LESSOR'S payments for consultants' and attorneys' fees and expenses, for thc services specified in (a) through (c) above, in the form and specificity required by State law to enable LESSEE'S reimbursement to LESSOR of up to Thirty-four Thousand Dollars ($34,000.00). IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year above first written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman AS TO LESSEE: DATED: W1TN~SS (signature) (print name) WITNESS (signature) STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE BY: (Print name and title) (print name) STATE OF FLORIDA COUNTY OF LEON Subscribed and swon to before me by Justice, who is personally known to me or sho has produced and who did / did not take an oath. WITNEESS my hand and official s~l this of the State of Florida, Department of Juvenile as identification day of ,2000. no. /(p D a/~ Pg. Notm'y Public Print name My Commi~ioll Expir~: Approved as to form and legal sufficiency on behalf of LESSOR: Thoma~ C. Palm~, A~,i~tant County Attorney Office of the County Attorney Collier County Government 3301 East Tamiami Trail, 8t~ Floor Naples, Florida 34112 ~AR 1.,~ / EXHIBIT "A" Page 1 of 4 LAND DESCRIFFION OF PARCEL "A" id,l., THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOIYlTIWEST CORNER OF SAID SECTION 12; 1TIENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00° 18' 50' WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89° 41' 10" EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG TI{E SOUTHERLY LINE OF SAID LANDS NORTH 87° 07' IT' EAST 41.92 FEET TO THE POINT OF BEGINNING OF ~ PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY LINE OF SAID LANDS NORTH 87°07'17'' EAST 132.16 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LANDS NORTH 42° 11' 51" EAST 182.69 FEET; THENCE NORTH 89° 41' 10, EAST 252.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE EASTERLY, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG TI-IE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 123° 57' 05" AN ARC DISTANCE OF 28.12 FEET TO A POINT OF TANGENCY; THENCE NORTH 340° 15' 55" WEST 59.23 FEET TO ~ BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 117.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 56° 03' 00, AN ARC DISTANCE OF 114.46 FEET TO A POINT OF TANGENT; THENCE SOUTH 89° 41' 06" WEST 288.26 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 103.00 FEET; THENCE WESTERLY, SoLrrI-IWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR. CURVE THROUGH A CENTRAL ANGLE OF 91° 07' 15" AN ARC DISTANCE OF 163.81 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01° 26' 10, EAST 156.64 FEET TO THE POINT OF BEGINNING OF TI-IE PARCEL HEREIN DESCRIBED; CONTAINING 1.92 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIJ31T "A" Page 2 of 4 LAND DES~ON OF PARCEL ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSI-m~ 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE soLrrHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00° 18' 50" WEST 2162.78 FEET; THENCE [.RAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89° 41' 10" EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG THE WESTERLY LINE OF SAID LANDS NORTH 00° 18' 50" WEST 231.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID WESTERLY LINE NORTH 00° 18' 50" WEST 112.23 FEET; THENCE ALONG THE NORTI-EERLY LINE OF SAID LANDS NORTH 89° 4 1' 1 0" EAST 491.90 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LANDS SOUTH 00° 18' 50" EAST 51.57 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 22° 44' 05" WEST 158.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRA.L ANGLE OF ,.aa° 2' 59" AN ARC DISTANCE OF 63.56 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89° 41' WEST 301.57 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY .~D HAVING A RADIUS OF 130.95 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 65° 49' 23" AN ARC DISTANCE OF 150.44 FEET TO AN INTERSECTION WITH A RADIAL LINE; THENCE LEAVING THE ARC OF SAID CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH 66° 8' 17" WEST 9.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.52 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT "A" Page 3 of 4 BUiLDiNG '"$ '*- OR. 253 PG. 8?.5 ( £ I/2 ~ 4~ T OR. 994 PG. 234 BENCHMARK SET PK H&IL 4LUI~NfUM ~ASHER ELEVATI~ E I~L T LINE 994, ~;F ASPR,M. . P4V~MEMT ~) Jl~ ) ~~ RCP ! BU 4 PK I~fL WITH WASHER STMED HAR 1,.q 2000 Pg · .~,~).__. EXHIBIT Page 4 of 4 EXECUTIVE SUMMARY Approval of the amended Collective Bargaining Agreement between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670 OBJECTIVE: To obtain Board approval of the amended collective bargaining agreement between the County and the Union representing the Ochopee Fire Department Fire Fighters and Fire Lieutenants, Local 3670 CONSIDERATION: Pursuant to Article 39, Section 39.2, the Collective Bargaining Agreement will r~pen annually. The following amendments to the Agreement result from the annual reopener: All matters of discipline are covered by the Collier County Human Resources Practices and Procedures, County Administrators Agency (CAA) Instruction 5351 - Discipline, and not subject to Grievance and Arbitration Procedure (Article 16) contained in agreement. 2: Salary schedule adjustments, consistent with Pay Plan maintenance that was applied to other effected positions. This amended contract was ratified by the Union on December 16, 1999. A copy of the Union's ratification notification is attached. The amendments were reviewed and approved for legal form and sufficiency. FISCAL IMPACT: Funds have been appropriated in the Ochopee Fire Control and Rescue District budget to fund this contract: Fund 146, Cost Center 144380. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board approve the proposed changes in the collective bargaining agreement with the International Association of Fire Fighters, Local 3670, and authorize the Chairma~ sign.th,~act.u~on approval by County Atymey. SUBMITTED BY: ~~ j DATE. ' - .... Q~/ Se%iar~uman Reso~ces ~ Je'nn~r J. l~v~rds Huflm ResourCes Director APPROVED BY: Leo E. Ochs, Jr./// Support Servi~mistrator JA~A IT£M HAR 1,/i 2000 Reopened Articles - 1999 ARTICLE 15 DISCIPLINE AND DISCHARGE Section 15.1 dis¢~argc~ '.;5~cut j'~t :."-u:c. All m~Of COvered by this Agreement ~ :be ~vt~rtted Practices and Procedures, Coun~ A~inistrator~s ~nCY (CA,4), ~ ~Sl- Disciple, as amended from ~e: to time, ~ shtdl not be and Arbitration Procedure (Article I6)containedin ~ts Agreem~t. MAR 2000 Pg.,, MAR 1,,q 2O0O I ~.. ~/ I ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE Section 16.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition. For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty-four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within five (5) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of grievances, whether or not the employee desires to be represented by the Union. Section 16.4 A. Every reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. Any grievance sk ~!11 be AGE I~),~ iTE~ no. /t,, t~,~ 1 MAR 1 Pg., _ considered settled at the last level considered if the grievant fails to timely process his/her grievallce. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. D. If the subject of any grievance filed under this Article is presented directly to a County Commissioner or the Board of Commissioners for discussion or resolution, it shall be considered a waiver of arbitration rights as prescribed in this Article. However, this shall not be construed to prevent any employee from discussing matters of public concern with appropriate public officials. Section 16.5 All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance must be submitted and completed in full as set forth in Exhibit 2 of this Agreement. HAR 2000 , Pg., Section 16.6 Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance to the Fire Chief or designee within seven (7) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision and communicate in writing to the grievant within seven (7) calendar days from the date the grievance was presented to him/her. Failure of the Fire Chief or designee to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievant does not settle his/her grievance in Step 1, the grievant, within seven (7) calendar days after the rest~onse is received at Stet~ J of the Grievance Procetlure, may present it to the Emergency Services Administrator, or her/his designee. The Administrator or her/his designee shall investigate the alleged grievance as appropriate and may, within ten (10) calendar days of receipt of the written grievance, conduct an informal hearing or meeting between him/herself, the grievant, and others as necessary. The Administrator or her/his designee shall notify the aggrieved employee in writing of the decision not later than ten (10) calendar days following the conclusion of the investigation and/or heating of the grievance in Step 2. Failure of the Administrator to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may, within seven (7) calendar days after the response is received at Step 2 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written request will be provided to the Administrator. Section 16.7 Upon receipt of the list, an arbitrator shall be selected fi'om such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. Id/ R 2000 Pg' 7 Section !6.8 The following general rules are applicable to this Article: t~. ,4. The Union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. C-w. B. No grievance can be amended or supplemented after the initial management response at Step 1 t~.__., :,,:.: .... ~ ............. :~:_ ^_ ,~:_.,~_~ . the written consent of the Administrator. t~. C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. ~.. D. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except if he is specifically empowered to do so by both parties. ~.. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. G,. F. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under · Section 16.5. ~ G. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. ~. H. The arbitrator shall deduct any unemployment compensation received by the grievant from back wages in a suspension or discharge case. of back pay. The arbitrator's sole authority with regard to monetary awards is the award No interest, costs or other damages of any type whatsoever rrJay ~i~..~ / /_,. awarded. No back pay will be awarded for time prior to the date of filing of the ~iev~lce. t= J. Only grievances based on events or occurrences which occur after the date of the execution of the Agreement can be processed under this Article. Section 16.9 There shall be no appeal from the arbitrator's decision; it shall be final and binding on the Union and on all bargaining mt employees and on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 16.10 The costs for the arbitrator fees and expenses shall be bome equally by the parties. Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. I HAR 000I / - ! EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE (Last Name) (First Name) (Middle Name) submit the following grievance which took place on at against (Location) (Class/Rank) (Date/Time of Day) Article(s) and Section(s) of the Labor Agreement alleged to have been violated (Name) Statement of Grievance: Date, Details, and Facts upon which grievance is based: Remedy or Solution requested: (Signature of Employee) (Date) 6~.~NO . ITE HAR 1,z~ 2000 Pg. Step 1) Date: Discussion of Grievance with Fire Chief: Resolved Unresolved ['-[ Submitted to Step 2 - Date: Step 2) Date: Discussion of Grievance with Emergency Services Administrator Resolved [~] Unresolved ['-] Submitted to Step 3 - Date: Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service: Date: HAR 2000 ARTICLE 28 SALARIES Section 28.1 The Salary schedule set out below shall for a part of, and be subject to all the provisions of this Agreement. Classification Minimum Hourly Rate Firefighter 8°,g.93 $9.5338 Fire Lieutenant $9.85 $11.0364 Maximum Hourly R~e ~$15.2541 $17.6581 Section 28.2 Performance based merit pay may be offered to qualifying members of the bargaining unit consistent with the annual pay for performance program established by the County Administrator for all County employees. Section 28.3 Qualifying members of the bargaining unit will be entitled to receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the Human Resources Director and approved for implementation by the County Administrator. S. ection 28.4 In the event that a notice of reopening is filed under ~ Article 39 (Duration) of the contract for the contract years 1999-2000, 2000-2001, or a new contract pi Agr Sept · -~ upon ex ration of this cement on ember 30, 2001, *~' ......:" ~'~ ~' ..... :- prc,~c,:,a! c,n ;;'age=. or for a new contract beginning ~tober 2OOl and thsreafler, th, re will be no increase or decrease in wages, nor Will any mm:increases be: granted until reopener language or anew contract is agreed upon and ratified by the parties. ~.ection 28.5 .drier the contract has been ratified by both parties, earned merit raises will be retroactive to October 1. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY' TIMOTHY J. CONSTANTINE, CHAIRMAN DATE: Approved as to legal form and sufficiency: Melissa Vasquez Assistant County Attorney, Collier County FOR THE LrNION: Wimess: Thomas Mitchell, President Professional Firefighters of the Everglades International Association of Firefighters, Local 3670 Type or Print Name Date: Type or Print Name THIS AGREEMENT HAS BEEN RATIFIED BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. Id/ R 1,4 2000 PG' · EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 99-3030 FOR ON-CALL ROOFING INSPECTIONS & REPAIR SERVICES OBJECTIVE: To have the Board of Collier County Commissioners award Bid # 99-3030 to multiple vendors; Crowther Roofing Inc. and Advanced Roofing Inc. for roofing repair/replacement and maintenance services. CONSIDERATIONS: On December 28, 1999, the Purchasing Department solicited bids for roofing repair/replacement services. Invitations were sent to eighteen prospective vendors. Bids were opened on January 19, 2000 with two vendors responding; Crowther Roofing Inc. and Advanced Roofing Inc. A tabulation sheet is attached. Roofing services are Utilized throughout the County for repairs, remodeling and new construction. Vendors are given work requests based on pricing and their ability to do the work in a prompt and professional manner. FISCAL IMPACT: Roofing repairs and maintenance expenses average $130,000 annually, based on approved Building Maintenance and Capital hnprovement budgets. Funds are budgeted in FY 1999-20 project and operating cost centers. GROWTH MANAGEMENT: There is no impac! on the Growth Management Plan RECOMMENDATION: That the Board of Collier County Commissioners approve the award of Bid # 99-3030 to Crowther Roofing Inc. and Advanced Roofing Inc. for on-call roofing inspections and repair services as addressed, within t~s summary'. SUBMITTED BY. ,c./.~.,.._.~.5'/'?~...--~-~...~;:,.-: :.~. ~.-- Date: _~ : ,- .~., .._ ~ :_ Daniel R. RcJdrigt~ez, Facititie~anager Department of FacilitieS Management REVIEWED BY: ~kip Camp, CFM, Director Department of Facilities Management Date: REVIEWED BY: gte~e~'~'Y! Camell,: Director Purchasing Department ,/7 Date: APPROVED BY: Leo E. Ochs, Jr., Administrator Support Services Division Date: EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien document filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Lien, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Lien was recorded in Official Record Book of the Public Records of Collier County, Florida. The oxvners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Lien. Collier County has verified that said Lien has been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Floridal FISCAL IMPACT: Recording the satisfaction of lien is approximately $6.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien document filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier Count3', Florida. SUBMITTED By: Nc*. ,. , .... .- Date: Pam Caltis, Revenue Supervisor Department of Revenue REVIEWED BY: / / Date: Teresa A. Riesen, Revenue Manager ',De~artmen~t of Revenue ( REVIEWED BY: ,'~'-~'U"--"-~'ex'X~-;\.~;' ~x'4') ~'~4~'> Date: J°hr~. 'Yonkos¥/,..~irector. Depa .rhnent of Revenue APPROVED BY: -' ' ' ' ' Date: Leo Ochs, Administrator Support Services EXHIBIT "A" 1. Ajuad Abou Asali, Fote Esmdio La Linda, Folio#57745920003, Lot 1, Block 293, Unit 8, Marco Beach EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY THAT WILL BENEFIT THE INSTALLATION OF AN ODOR CONTROL FAN SYSTEM AT THE NAPLES LANDFILL AND ADOPT THE NECESSARY RESOLUTION. j~[~_~Q_T.J~ To obtain authorization for the Chairman of the Board of County Commissioners to execute a Revocable Temporary License to Florida Power & Light Company ("FPL") for the construction of electric utility lines and transformer necessary with the installation of an odor control fan system at the Naples Landfill and adopt the necessary Resolution. CONSIDERATION: The Collier County Public Works Engineering Department is in the process of installing an odor control fan system at the Naples Landfill. The proposed odor control fan system will require a 3-phase electrical power to operate. FPL needs to construct electric utility lines and install a transformer within the Naples Landfill to ensure the successful operation of the odor control fan system. The Revocable Temporary License gives FPL the authority to construct electric utility lines and install a transformer within the scope of the Naples Landfill Fan System project. Upon completion of the proposed construction of the electric utility lines and installation of a transformer, a legal description showing the exact location of the permanent electric utility will be produced and the permanent electric utility easement for electric utility lines and transformer will be recorded. The permanent easement granted to FPL will be five (5') feet on either side of the electric utility facilities. FISCAL IMPACT: Total acquisition costs with documentary stamps and recording costs for the Revocable Temporary License and the permanent Utility Easement shall not exceed $100.00. Funds are available in the Solid Waste Disposal Fund, Naples Landfill Construction Projects. GROW'FH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board: (1) Approve the Revocable TempOrary License and authorize the Chairman to execute the document that will benefit the installation of an odor control fan system at the Naples Landfill. Page 2 Executive Summary/Resolution Naples Landfill Fan System (2) Adopt the attached Resolution pursuant to F.S. 125.38 and authorize its' Chairman to execute the Resolution. (3) Approve and execute the necessary Utility Easement upon completion of electric utility line construction and installation of a transformer, receipt of legal description of permanent electdc utility lines, and upon approval by the County Attorney's Office as to form and legal sufficiency and authorize the Chairman to execute any and all documents necessary to conclude the transaction. SUBMITTED BY: REVIEWED BY: APPROVED BY: Cindy M. E,~, Real Property Specialist II Real Property Management Department DATE: .E., Senior Project Manager Public Works Engineering Department DATE: ._.~ eo E. Ochs, Jr., A~11~Cstrator Support Services i~on DATE: F1AR 1, 000 7 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 37 38 39 4O 43. RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXECUTE A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY THAT WILL BENEFIT THE INSTALLATION OF AN ODOR CONTROL FAN SYSTEM AT THE NAPLES LANDFILL PROPERTY. WHEREAS, Collier County is desirous of providing Florida Power & Light Company with a Revocable Temporary License for the construction, operation and maintenance of electric utility facilities, including but not limited to, distribution lines and other related equipment, under and through the property, but not under any permanent building improvement which is existing or under construction at the time of utility construction, and more particularly described in Exhibit "A" attached hereto; WHEREAS, upon completion of the construction of the electric utility facilities on the property, a permanent Utility Easement will be granted for the Ten (10') foot strip of land wherein the utility facilities are located. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby approve the attached Revocable Temporary License to Florida Power & Light Company; and The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Revocable Temporary License to Florida Power & Light Company; and The Board of County Commissioners does hereby approve and authorize its Chairman to execute a permanent Electric Utility Easement to Florida Power & Light Company for the Ten (10') foot strip of land wherein the utility facilities are located. A~NOA T MAR 2000 Pg. 5 6 ? 9 10 12 13 14 15 17 18 19 2O 21 23 24 25 27 28 29 3O THIS RESOLUTION ADOPTED on this__ after motion, second and majority vote. day of , 2000 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Timothy J. Constantine, Chairman ATTEST: DWIGHT E. BROCK, CLERK BY: , Clerk Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney IdAR , . 1 2000 Project: Naples Landfill Fan System REVOCABLE TEMPORARY LICENSE THIS REVOCABLE TEMPORARY LICENSE entered into this __ day of , 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 Florida Power and Light Company, its licensees, agents, successors, and assigns, whose mailing address is 4105 15~ Avenue SW, Naples, Florida 34116, hereinafter referred as 'UTILITY", approving the use of County-owned property for the purpose of constructing electric utility facilities; WHEREAS, the UTILITY requires the use of County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under, and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the UTILITY shall construct electdc utility line so that easement does not extend under any permanent building improvement which is existing or under construction at the time of utility construction; WHEREAS, the COUNTY is willing to approve the use of County-owned property for such purposes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The COUNTY herein approves, for TEN DOLLARS ($10.00) and other valuable considerations, the use of the County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under and through the property as more particularly described on Exhibit 'A' attached hereto and made a part hereof, hereafter referred to as "PROPERTY". The approval of the use of the PROPERTY by the UTILITY shall expire upon grant of a permanent Utility Easement. Upon completion of the construction of the electric utility facilities on the property, a permanent Utility Easement will be granted for the ten (10) foot strip of land wherein the electdc utility facilities are located. Upon the completion of construction, the UTILITY shall restore the surface of the Property to its original condition. This Revocable Temporary License shall be administered on behalf of the COUNTY by and through the Collier County Real Property Management Department. The UTILITY, to the extent permitted by law, and as limited by §768.28, F.S. shall indemnify, save, protect and hold harmless COUNTY against any damages and claims adsing by reason of UTILITY'S utility installation or the operation of same. MAR 1 , 000 Po UTILITY covenants and agrees not to assign this Revocable Temporary License or to permit any other persons to occupy same without the written consent of COUNTY. The COUNTY and UTILITY specifically agree that this Agreement represents a license for the UTILITY'S use of the property and does not convey any estate in the property or create any interest whatsoever. IN WITNESS WHEREOF, the parties hereto have here made and executed this Revocable Temporary License as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Timothy J. Constantine, Chairman ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk Approved as to form and legaL~fficien~ t~ Heidi ]=~ As[~tor{ Assistant County Attorney EXHIBIT "A" Page 1 of 1 The East ½ of Section 36, Township 49 South,. Range 26 East, Collier County, Flodda, less and except the Sou~[h 50 feet thereof, and less and except that part of the East ½ of Section 36, Township 49 South, Range 26 East, less the South 50 feet thereof lying within a transition from 200 feet from Survey Station 89+29.41 to 100 feet at Survey Station 115+64.50 of the.survey line of State Road 838, Section 03001, said survey line and said Survey Stations described and located as follows: Begin at the Southwest comer of the East % of said Section 36, said point being Survey Station 89+29.41, thence North 88033'20" East 2,635.09 feet to said Station 115+64.50 at the Southeast comer of said Section 36, containing 6.06 acres, more or less; together with all dghts of ingress, egress, light, air and view between the parcel conveyed to the grantee and any facility constructed on the above-described excepted property; reserving to the grantee the dght of access from his property to any service mad which may be constructed on the outer 50 feet of the above-described excepted property. HAR 1.4 2000 I APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 14, 2000 Solid Waste Management (Fund 470) Budget Amendment ~00-150 Operating Expenses $9,500 Reserves Solid Waste Reserves (9,500) Total -0- Explanation: Funds are needed for survey, drawings and Public Works Engineering Department to renew FDEP operating permit for Camestown Transfer Station. Operating Expenses Reserves Reserve for Contingencies Total General (Fund 001) State Attorney Budget Amendment g00-152 $9,344 (9,344) Explanation: Funds are needed to offset prior year expenditures inadvertently paid out of current year funds. Expansion to the seventh floor will require the use of these funds. Gas Tax Reserves (Fund 313) Budget Amendment g00-157 Operating Expenses Other Contractual Services $12,000 Engineering Fees (12,000) Total -0- Explanation: Funds are needed for the maintenance and management of the 17.4 acres offsite mitigation area in order to comply with South Florida Water Management District and US Army Corps of Engineers Permits. AGENDA ITEM No. NIAR 1 2000 Pg. MSTD General (Fund 111) Long Range Planning Budget Amendment ~00-160 Capital $3,200 Operating Expenses (3,200) Total -0- Explanation: Funds are needed to purchase a laptop computer (per IT specifications), digital camera and Adobe Publishing Collection software for use by Comprehensive Planning. Operating Expenses Reserves Reserves for Capital Outlay Total Explanation: FY 00. Lely Golf Estate Beautification (Fund 152) Budget Amendment g00-163 $6,800 (6,8O0) Funds are needed to pay existing and additional maintenance costs for the remainder of AGENDA ITEM No. /~ ~:~/~ 2O0O EXECUTIVE SUMMARY AWARD OF BID 99-3018 FOR THE LEASE PURCHASE OF A 2000 BRUSH PATROL VEHICLE QBJF~TIVF,; To obtain Board approval to lease purchase one 2000 brush patrol vehicle for the Isle of Cnl~ Fire District. cONSIDERATION; The Board of County Commissioners authorize staffto pm'sue n leased purchase ora brush patrol vehicle, which would fulfill the needs of the Collier County Isles of Capri Fire Control District by replacing Attack 90 with one 2000 brush patrol vehicle from Elite Fire and Safety Equipmenl: On January 6, 2000, invitations to bid were sent to 25 vendors. On February 3~, three bids were received and opened as documented in the attached bid tabulation. The apparent low bid was receivod from First Rescue of LaGrauge, Georgia. This bidder failed to meet several requirements of the published bid specifications, including the provision ora local service facility and the failure to include all of the items as specified in the bid invitation in their bid price, Phoenix Super Ram, 330gallon tank, Double pan doors. Staffhas reviewed the bid offer fxom the next lowest bidder, Elite Fire and Safety Equipment and has verified that its bid offer meets the requirements of the bid invitation for a total of $83,950. The Isles of Capri Fire Depa~iment can knprove water capab~ in tank supply and also pumping capability, improving the ISO rating. ,,,F,.]~SCAL IMPA~: There is no initial cost. The first payment will be due one year ~om the start of the lease/purchase, which will be $15,391.55. The total cost to the Isles of Capri Fire Control District would be $107,740.85 on a seven-yenr lease/purchase staring in the year 2000 and ending in 2007. The fiscal years impacted are 2001-2007. Funding has been appropriated under Object Code #144-144360. GROW?H MAN,AGEM~NT IMPACT; None. RECOMMKNDATION: That the Board of County Commission. s award Bid 99-3018 for the lease/purchase ora 2000 brush patrol vehicle, utilizing the standard Collier County lease purchase agreement to Elite Fire and Safety Equipment in the nmount of $83.950 -nd that the Chairmnn be authorized to sign the agreement on behalf of the Board. ~nilio Rodriguez, Fi~ Chie~ Isles of Capri Fire Control District DA'I Io, d--., X - 2000 Steve Camell, Purc~F,/GS DirectOr Mik, M~N~ Ac~dng County Administr~or DATE: DATE: AG END/~.,~fM - I. /,~t_ _ 200O ~O'd ~98S ~£ t~G 8I ~S S~ ~ 06 e~s 0~3I T~:OT O0-S~-q~ EXECUTIVE SUMMARY APPROVE OCHOPEE FIRE CONTROL DISTRICT GRANT REQUEST OBJECTIVE: Request approval by the Board of County Commissioners to authorize the Chairman to sign the Volunteer Fire Assistance Grant and enter into a 50 percent (50%) grant to purchase Wild Land Fire Gear for the Ochopee Fire Control District. CONSIDERATION: The Ochopee Fire Comrol District for the past 22 years has been awarded a Volunteer Fire Assistance Grant fxom the Division of Forestry. This year, the Division of Forestry has set a high priority on Wild Land Fire Gear, therefore, the District wishes to obtain Wild Land Fire Gear through the 50/50 Grant. FISCAL IMPACT: Funds for this Grant have been approved in the 99/00 budget in the amount of $8,000.00. The Volunteer Fire Assistance Grant will reimburse the District for half the total expenditure. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION.: That the Board of County Commissioners authorize the Chairman to sign the Volumeer Fire Assistance Grant and enter into a 50 percent (50%) grant to purchase Wild Land Fire Gear for the Ochopee Fire Control District at a cost not to exceed $8,000.00. PREPARED By.. ~~. ~~ DATE: oSL-q -Z/r~ Paul Wilson, Fire Chief Ochopee Fire Comrol District REVIEWED BY: ~ ~~~.~ DATE: Chris Dub[is, Budget & Managemem Analysis I t / rMike'McNees, Imerim County Administrator AG D IT M NAR ! z, 2000 Pg.. ~ __ NARRATIVE OCHOPEE FIRE CONTROL DISTRICT GRANT QUEST The Ochopee Fire Control District covers approximately 1,100 square miles. Sevemy percent (70%) is CH-2 land. This area is known as a high brush fire occurrence area. The Ochopee Fire Comrol District provides fire protection for homes, trailers businesses, hunting camps, brush, woods, rescue medical (EMT level), assistance for truck and automobile accidents. The District provides this protection to the southeast portion of Collier County including Everglades City and a portion of approximately 3,500 people. The District works closely with the Division of Forestry (Copeland, Mile City) and with Big Cypress National Preserve, Fakahatchee Park Rangers and Panther Rangers through mutual aid agreement relating fire protection. This year, the Division of Forestry has set a high priority on Wild Land Fire Gear. Which would increase Ochopee Fire Control District's effectiveness in combating brash fires during mutual aide events between the Division of Forestry and other Fire Departments. Also this equipment would assist greatly in protecting residences in the heavily wooded areas during brush fires. Consequently, in keeping with the initial Division of Forestry objective this year the Ochopee Fire Control District has applied for Western Shelter Nomex Jumpsuits, Hot Shields, Wild Land Helmets, Wild Land Gloves, and Wild Land Goggles. (February 4, 2000) 2000 EXECUTIVE SUMMARY TO AUTHORIZE THE CHAIRMAN TO SIGN STATE OF FLORIDA EMS MATCHING GRANT APPLICATIONS OBJECTIVE: Request the Board to authorize the chaim'~ain to sign two(2) EMS matching grant applications for submittal to the State Bureau of Emergency Medical Services. CONSIDERATION: The State of Florida established the EMS matching grant program to assist organizauons in the improvement and expansion of EMS services. If the grant projects are approved, the State Bureau of Emergency Medical Services will provide seventy, five percent ( ~, >~- ~' 0) fundin2~ of the total project cost. The ~rant recipients would provide the remainin2 ixventv five percent ,__ ~o~ of the project cost. Submission of a matching grant application in no way obilgates the county to budget the twenty five percent grant contribution. If the County chooses not to fund the project, the county's sole obligation would be to deny the grant. Matching grant applications have been written for: purchase of automatic multi-parameter vital signs equipment and implementation ora special operations unit. FISCAL IM PACT: None. Funding source for the EMS grant match if selected and approved by the State, would be requested through the FY 00/01 budget cycle. The matching funds would be as follows: non-invasive blood pressure monitoring $76,817.25, special response unit S36,448.17. GROXA'TIt *IANAGE.~IENT IMPACT: None RECOMMENDATION: That the Board authorize the Chaim'~an to sign the matching grant application. SUBM1TTEDBT' ~ ~,.~ ,_ Date: \Valter Kopka, Flight Medic Captain REVIE\VED BY: , ~x., Date: Diane B. Flagg, CMefof Emergency Services APPROVEDBY. //~ ,~ , a//~ Date: Mfl,:{ ~[~e~s, ActiJg County Administrator AGENDA ITEM No i Pg. FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES Non Invasive Blood Pressure Monitoring End-Tidal CO 2 Year 2000 AGENDA ITEM No, 23 Pg FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT APPLICATION M (BEMS ID. Code) Total Grant Amount $109,344.52 BCC or EMS Organization Authorized Official Title Mailin9 Address City State Zip Telephone Email Address Collier County Board of County Commissioners Timothy J. Constantine Chairman 3301 Tamiami Td East Administration Bldg Naples Fi. 34112-4961 County Collier (941) 774-8097 SC 751-8097 timconstantine@colliergov.net Contact Person Title Mailing Address Walter Kopka Flight Medic Captain 3301 Tamiami Trl East Health Bldg City Naples State F1 Zip 34112-4961 Telephone (941) 643-5506 Email Address walterkopka@colliergov.net Legal Status of EMS Organization (Check only one response). (1) [] Private Not For-Profit (attach copy of IRS'sS01(c)(3)letter or other legal documentation of this status) (2) [] Private For-Profit (4) [] City/Municipality (3) X County (5) [] State Federal TaxIDNumber: VF 5 9 6 0 0 0 5. 5 8 Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing education tn this activity. Medical Director Robert B. Tober. MD FACEP ME00030891 Printed Name and FL Medical License No. DH Form I,-'67. --ffective J~,~ 99 Revised FeB 99 24 Date: .... AGENDA ITEM No,, , PROJECT DESCRIPTION AND JUSTIFICATION State Plan' Brief synopsis and relationship to state plan goal, if applicable. To provide constant vital sign monitoring of patients by the use of non-invasive blood pressure equipment and end tital CO2 equipment. In 1999, Collier Count>' Emergency Medical Services, together with the Naples Community Health System. instituted both the Code Grey (treatable Brain Attack) and Code Save a Heart (pre-hospital thrombolytic therapy) Programs. These. along with our innovative Public AED program, focus directly on the objectives within Florida EMS State Plan goal ¢ 14.To: Reduce the incident rate of Cardiac and Stroke Events and/mpro~'e ~orbidit~' ~md :~[ortalin.' oz~tcomes when Cardiac and Stroke Events occur. In a continuing effort to encompass and implement the State goal, our next appropriate step includes this ax;ailable technology. It will provide our Paramedics with the precious minutes needed to full,',' utilize the decision tree triage. 12 lead interpretation and pre-hospital thrombolytic therapy which are already a part oIL our established protocol. It will also allow them to begin RSI (Rapid Sequence Intubation) for which a. protocol has been written. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. r calendar ,,,'ear 1999. Collier County EMS run report data show' response to 29,500 calls for emergency medical service including, over 1S.000 transports. At present, our protocol includes seven different medications, which require accurate and consistent monitoring of Blood Pressure. All of these transported patients xxould have benefited fi-om Non-Invasive Blood Pressm'e monitoring. Additionally, over 4.000 of' these patients xxere classified as 'critical', i.e.: 1920 cardiac calls. 400 brain attacks, 1065 respiratou, distress calls, 370 Trauma :Xlerts and 306 patients requiring intubation. At present we use the. BA.-XXI and Tube Check devises to ver/fy Endotrachial tube placement, these are relatively old technology. Our new protocol for the year 2000 incorporates RSI (Rapid Sequence Intubation I. for which the 'Standard o1' Care' requires quantitative analysis of End-Tidal CO2 to determine patient oxygenation. This standard of care has been established by the American Society of Anesthesiologists. End- Tidal CO2 rnonitonng equipment will allow us to meet this groxving need. W'hile our paramedics are more than capable of repeating vital signs and continually rechecking ET tube placement during treatment and transport, this necessarily reduces the time available for more advanced care. ie: 12 EKG interpretation, advanced brain attack and cardiac care checklists and pre-hospital application of thrombolvtic therapy. This equipment will allow us to increase the level of care provided, to all our patients. with a direct impact on the 4000- critical calls we will run in the year 2000. Further, the data collected will be invaluable to other EMS Services on a statewide basis. AGENDA ITEM No. 25 Pg. , 8. Outcome measurable: Degree to which need will be met or changed. Consistent and accurate Blood Pressure monitoring on all calls will enhance the quality of care and are an inte~al part of both the Code Grey and Code Save a Heart programs. Non-Invasive Blood Pressure monitoring is the logical next step for Collier County EMS. Currently 0% of our units have this capability and 0% meet the 'Standard of Care' required for RSI. This equipment will enhance the care of the over 18,000 patients we will transport in 2000, but for the 4,000- critical patients we will treat, increased survival rates will be measurable. Bid Purchasing Implementation and trainin~ Work activities and time frames:Indicate procedure for delivery of project. 90-120 days 90-120 days 120-240 days AGENDA ITEM No, NIR 1 000 26 Pg Traimng To be inc',udec as part of Medical Directors reguiar inservices Applicant $0.00 State S0.00 Total $0.00 Equ~pmen~ NIBP Ennancement NIBP Cuff - Adult Re-useable NIBP Cuff- Child Re-useable NIBP Hose - !2 foot 34 $ 68 68 Applicant 3,300.00 $ 28,050.00 $25.00 $ 425.00 20.00 $ 340.00 26.00 $ 221.00 ET CO2 Enhancement 34 Fiiteriine Set Adult / Ped 20 box 25 Nasal Filterline - Adult 40 box 25 Nasal Fiiteriine - Pedi 3 box 25 $ 5,150.00 $ 43.775.00 S 275.00 $ 1,375.00 $ 235.00 $ 2,350.00 S 375.00 S 281.25 $ 76,817.25 TOTAL EQUIPMENT COSTS State Total $ 84,150.00 $112,200.00 $ 1,275.00 $ 1,700.00 $ 1,020.00 $ 1,360.00 $ 663.00 $ 884.00 S 131,325.00 $175,100.00 $ 4,125.00 $ 5,500.00 $ 7,050.00 $ 9,400.00 $ 843.75 $ 1,125.00 $ 230,451.75 $ 307,269.00 AGENDA ITEM No. 27 Pg ..... FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT (Governmentai Agency and Not-for-Profit En:ity On]'/) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned herem/~ requests an EMS matching grant distribution (advance payment) for the improvement, expans',cn ant, continuation of prehospital EMS. Remit Payment To: Name of EMS Organization Collier County EMS 3301 Tamiami Trl E. , B!d~ Naples ~1. 342.12 State Address City Authorized Official Signature Date ~ · -~ Chairman Timothy g Constan~ine¢ TypeNameandTitle Sign and return this page with your application to: 1 Matching Florida Department of Health BEMS Matching Grant Program 2020 Capital Circle SE, Bin C~8 Tallahasaee, Florida 32399-1738 ,~GHT :. BROgK C'~r-*~ Do not write below this line. For use by BEMS personnel only Grant Amount For State To Pay: $ Grant iD. Code:M !Approved By · Signature & Title of BEMS Grant Officer State Fiscal Year: - Orqanization Code E.O. Obiect Code 64-25-60-00-000 BU 7 Federal Tax ID: VF AG£NDAITE~' No. ,, MAR 1 4 2000 Date DH Form 1767P, Effective Jan. 99, ,Revised Feb.99 28 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities: the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the 'Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the Department and any other remedy provided by law. NOTIFICATION OF AVVARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (/ndiv/dua//dent/f/ed Timothy J. Constantine, Chairman TITLE DATE DH Form 176~A. Effective Jan 99. Revised Feb. 99 /%. ~ :'~'-: 29 ~t ~unt~ ~t~ No. NAR 1 2000 FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM APPLICATION COLLIER COUNTY EMERGENCY MEDICAL SERVICES Special Operations Unit Year 2000 'AGENDA ITEM No 23 Pg" " FLORIDA DEPARTMENT OF HEALTH EMS MA TCHING GRANT APPLICATION M (BEMS ID. Code) Total Grant Amount $230,451.75 = BCC or EMS Organization Authorized Official Title Mailing Address City State Zip Telephone Email Address Contact Person Title Mailing Address Collier County Board of County Commissioners Timothy J. Constantine Chairman 3301 Tamiami Trl East Administration Bldg Naples FI. 34112-4961 County Collier (941) 774-8097 SC 751-8097 timconstantine@colliergov.net Walter Kopka Flight Medic Captain 3301 Tamiami Trl East Health Bldg City Naples State FI Zip 34112-4961 Telephone (941) 643-5506 Email Address walterkopka@colliergov.net Legal Status of EMS Organization (Check only one response). (1) [] Private Not For-Profit (attach copy of [RS'sS01(c)(3) letter or other legal documentation of this status) (2) [] Private For-Profit (4) [] City/Municipality (3) X County (5) [] State 4. Federal TaxlDNumber: VF 5 9 6 0 0 0 5 5 8 o Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing educaticn ]n this activity. Medical Director Robert B. Tober, MD FACEP ME00030891 Printed Name and FL Medical License No. DH Form 1767 Effectme Jan.99 Revised Feo99 24 Dat PROJECT DESCRIPTION AND JUSTIFICATION 6. State Plan: Brief synopsis and relationship to state plan goal, if applicable. This grant will provide for the establishment of the Collier County Emergency Ser~,ices Department's Special Operations Unit. This unit will provide comprehensive fire-ground rehabilitation and medical hazardous materials service to citizens and emergency services personnel in Collier County. EMS STATE PLAN GOAL # 6 - The purpose of this grant is to increase the level of medical service making it the highest quality and most appropriate level of care available during fire, hazardous materials and terrorism incidents in Collier County. ElIS STATE PLAN GOAL # 11 - Improving health and safety of EMT's, Paramedic's and first responders is one of our highest priorities. The unit will establish a mechanism for the provision of quality medical care and rehabilitation services to firefighters. Sheriffs Deputies, and other emergency service personnel operating on emergency scenes including fires, hazardous materials, and incidents involving nuclear, chemical and biological agents. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: ('1) all numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. This grant provides for the purchase of equipment, pagers for notification, and training in order to establish the Collier County Emergency Services Depa~-tment Special Operations Unit. The units' operational capability will include a full medical fire-ground rehabilitation system in accordance with the Collier County Medical Director's protocol. In addition we will be able to add a much-needed medical hazardous materials response component complete with equipment and personnel to perform on scene medicz{1 research, pre-entU' and post enn7 medical surveillance, and fine medical decontamination. It will also provide the foundation to improA'e Collier County's response to acts ofte~Torism involving chemical, biological and nuclear agents. The Collier County Emergency Medical Services Department is the only licensed provider of Emergency Medical Services in Collier County. As the EMS provider NTPA 472, NTPA 1500 and OSHA 1910. i20 as well as the Collier County Comprehensive Emergency Management Plan and Regional HazardOus Materials Emergency Plan require the licensed EMS provider to make these services available. Collier County has 63 miles of Interstate highway that serves as a major north south thoroughfare for many types and classes of hazardous materials. Collier Count',, has multiple sites where hazardous materials are stored including a large agriculture community v,'ith large amounts o£pesticides and herbicides. Of those approximately 65 sites would be classified as Extremely Hazardous Sites. Collier County Fire Districts and EMS responded to 2.052 fires and hazardous condition call in 1998 (Source: Florida Department of Insurance, Division of the State Fire MarshalI'~ The people who are directly impacted bv the approval of this grant will be the emergency service personnel in Collier County numbering approximately 500 employees and volunteers. These personal are members of' the Collier County Emergency Medical Services Department, employees of the nine fire districts, and the State of Florida, Division of Forestry. Other personnel impacted would be anyone involved with the manufacture and transportation of hazardous materials and farm workers as Avell as the general population ,,',,ho may fall victim to a terrorist incident. This unit would be made available upon request to the Florida Department of Emergency Management and the Florida Fire Chiefs Association with the resources necessary to establish, maintain and command all aspects of' fire-ground medical rehabilitation and medical hazardous materials response issttes. The unit will coordinate with other ENiS and fire organizations as needed on a local, regional, and state level. The Collier County Emergency Medical Services Department would have benefited from this additional training and operational capability in response over 6,238 motor vehicle during the period of 11.'1 98 tl-u'ough 11, !,'99. 25 rashe~ qtg:g .q:~~t res No, ' Pg )onded to 8. Outcome measurable: Degree to which need will be met or changed. '"-'e need is measurable. Training will be conducted in Incident Management, EMS-HMI, and EMS-HMII. The .nber of trained employees as well as the upgrades to our medical protocol to include a state of the art rehabilitation deliver',' system and medical hazardous material protocol should be considered a measurable outcome that meets our needs. The addition of equipment needed to perfon~n these advanced procedures and techniques also is directly related to our need as outlined in Item # 7. At the point in time where the Special Operations is placed in service we will be in complete compliance with all applicable statutes and regulations. Responses of the Collier County EMS Special Response Unit will be tracked on the departments data collection system. The EMS Grant Committee will track and analyze all data as well as produce quarterly reports to the Collier County EMS Chief of Operations. 9. Work activities and time frames: Indicate procedure for delivery of project. EMS will organize a Special Operations Committee to oversee the budget and project status. All equipment will be purchased within year of the grant award. All training will be completed and the Special Operations Unit will be £ullv operational within 18-24 months o£the grant award. This time period is necessary,' to allow time for the delivery of nearly 3564 hours of advanced training. 26 AGENDA ITEM No, Pg, , 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures $ $ $ Training (see attched worksheet) TOTAL EXPENDITURES E~uipment Equipment (see attached worksheet) TOTAL EQUIPMENT COSTS GRAND TOTAL 17,980 $ 17,980 18,468.17 53,940 $ 53,940 55,404.52 71,920 $ 71,920 18,468.17 $ 36,448.17 55,404.52 $ 109,344.52 73,872.69 .3ENDA ITEM $ 73,872.69 $ 145,792.69 25 Percent 75 Percent TOTAL 27 10. BUD~GET B~noculars 2 $70 00 $14030 Command Center 3 $78900 52,~67 O0 ~JnF~J~. ~o-2o ~ ...... s S2eOO S~2o co Cool Mist Fans * $5,000 00 $5,000.00 Cups Dnn~ing Coo[ers Elecmc Ree,s ! 5ov Elecmc =:eels ,22o'v ~ie~thcCora ~'Ms T~c~cat Comma~c Fans 2OOO $5OOO 550 oo s50.00 ~ 50 --- i~ sYso;oo -I 10 52 50 $25,30 - ~- -%~320o s~6ooo 2 $175 O0 $35000 4 $75000 $3,00000 2 S129 95 $259g0 Flags 10: $24 95 $ 249.50 Folding chairs 4 $1800 $72,00 · ~atding st~relcners ..... 10_ _ $50 00 $500 00 FoJOing -'~bI_6s 2 $35.30 S70 00 Gardeq P~ose ~"-- $1500---- $120 0O Ice coolers '0 S1~ C0 ~ . $196 30 _ Laptop computer I .S~ ,800 00. ~!.8qq_O~ ....... L~ez Gioves !0 Boxes 57 00 $7000 Levei ~ Sul: -y'chem 9~00, - ~ $13~ ~0 S540 00- ~2 O~opus ..... ~ $40 00 $40.00 ~agers - $~ 5~'00 S8 00 $12.000 00 ~*ss s,~e~ . % s~2%_- ~Z,?j~:o2 Poles 12 S5 00 S60 ~elererce_br~r s?.,.are ' $1];0000 $i]~0~ SDS* ,',~S*. -% ~i.~¢~ ¢6 ~7~5~'8~ S¢.?y Bottles ..... ~C, Sl 00 $10 00 Slre~cne, Barn ~' ~ ~ .... ~00~5 Trasr Cans 4 S!8 0~ . __S72 0~ .......... Tna~e -arps ~0 5130 00 S1,300 00 vest Trees 20 Extra S13 00 $260 00 Vests 30 528 50 $855.00 Visoueen - -~O]IS ...... ~0 00 sg0 00 ¢,ater MB~ffo~d ' 1 $30 O0 YelJo~ Bags 1 Case ~22 30 Total E~uipment ......... $ 73,872.69 ~ 5~,404.52 $ 18,468.17 'raining Cos~ 150 EMS,HazIat Responder t 24~4 hfs x $15 .... ~-~000 O0 (150 Em;*ovees x 24 ~rs , ...... [Tota, Gram Package ' ' ' ~ ~,7g2.~-'- AGENDA ITEM f-",AR 2.000 ~=i_ ORIDA DEPA R TMEN T 0 F HEAL TH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT ~iGovernmen:ai Agency and Not-for-Profit =_n:ity tn accordance with the provisions of Section 401.113(£)(b), Ficrida Statutes, the un. ders:,gned ~erebv requests an EMS matching grant distribution (advance :,ayment) for the improvement, ex~ansic, n anc continuation of prehospital EMS. Remit Payment To: Name of EMS Organization Adaress Collier County EMS 3301 Tamiami Trl E. , B!dc H Naples Fl. State ZIP City 34112 Authorized Offi'c!al Signature Date Timothy J. Constantine¢ Chairman Type Name and Title and return this page with :/our ap¢iication to: ...... ~ F/or/da Deoa~ment of Health D~iGHT BEMS Matching Grant Prooram 2020 Capital Circle SE, Bin C78 Tal/~hassee, F/on'da 32399-~738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ Approved By · Signature & Title of BEMS Grant Officer Grant ID. Code:M State Fiscal Year: - Oraanization Code E.O. Obiect Code 64-25-60-00-000 BU 7 Federal Tax ID: VF Date DH Form 1767P, Effective Jan. 99, Revised ,=eo.99 -A~NDAi~TEM No, ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities; the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the 'Ftorida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or othervdse obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the Department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter t20, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (Individuat ldentified tn Item 1) Timothy J. Constantine, Chairman TITLE DATE AGENDA ITEM No. DH Fom~ 1767A. Effective Jan 99. Revised Feb. 99 .~t Count~ At~ EXECUTIVE SUMMARY TO UPDATE THE CURRENT EMS DATA COLLECTION PROGRAM WITH PURCHASE OF EMS SOLUTIONS 2000 DATA COLLECTION SOFTWARE QBJECTIV~; To improve and enhance the EMS Department data collection capabilities by purchasing EMS Solutions 2000 data collection software. CONSIDERATION: In 1999 the EMS Department responded to 28,000 911 calls for service. Due to the increase in 911 calls for service and upcoming changes in State of Florida Bureau of EMS data collection requirments, the EMS Department seeks to purchase EMS Solutions 2000 data collection software from Sweet Computer Systems in conjunction with HealthWare Solutions (the software developer). This system will allow the EMS Department enhanced abilities to look at the performance of the organization to include quality assurance standards, continuing education and key organization performance benchmarks. It is also important to note that Department of Revenue ambulance billing section utilizes Ambulance 2000 billing software. By the EMS Department purchasing EMS Soultion 2000 software, it will ensure a continued and more efficient seamless sharing of data between the EMS Department and the Department of Revenue. Under the proposed acquisition, the County would order all products through Sweet Computer Systems (the software distributor) and would license the software and receive technical support from HealthWare Solutions (the software developer). Though this purchase is not necessarily a single source acquisition, Staff recommends that the county waive the formal competitive bid process and proceed forward with the purchase and implementation of the EMS Solutions 2000 data collection software. The waiver of competition is recommended pursuant to Section V.A.3 of the Board's purchasing policy for the reasons cited herein. FISCAL IMPACT: The Total cost for the purchase of the Data Collection program is $52, 529.90. This includes the following: seventeen (17) EMS Solution 2000, seven (7) EMS 2000 Administrator, one (1) A2000 Billing Interface, includes Export & Import, one (1) EMS Query, one (1) State Report, One (1) EMS Solutions SQL'Server Software and one (1) year of Technical Support & Maintenance. $ 48,699.90 will be funded through 491-144611 and $ 3,830 will be funded through 350-144611. AGE A ,TE .o. GROWTH MANAGEMENT IMPAnel['; Future purchases of the EMS Solutions 2000 data collection software for growth will be funded through EMS ~ Impact Fees Fund 350. Annual maintenace agreement will be funded through EMS Department Fund 490. RECOMMENDATION; That the Board of County Commissioners waive the formal competitive bid process and approve the purchase of the EMS Solution 2000 Data Collection System from Sweet Computer Systems and Health Ware Solutions. Further, that the Board Chairman be authorized to sign the respective agreements on behalf of the Board, following legal review and approval by the Office of the County Attorney. SUBMITTED BY: ~~~.~t_~ ,/Jo r,g"e ~K'g u i I e r a, Training Commander -~'St~;~ ~arn~ll, Pur~g/GS Director APPROVED BY: ~/'~_ Diane B. Piagg, Chief Date: .,z~,/,Z~,~ Date: AGENDA I,TEM No~ t t~ ~-~ '1 . 1 NOO pg. ,:~ _ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 14, 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 No.: 80-0570-CFA 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. February 02 - 08, 2000 B. February 09 - 15, 2000 Districts: A. Collier Mosquito Control District - Public Facilities Report B. Port of the Islands Community Improvement District - Minutes of meeting of January 20, 2000 C. Cedar Hammock Community Development District - Minutes of meeting of December 29, 1999 and description of outstanding bonds contained in minutes attachments and meeting of January 10, 2000 D. Golden Gate Fire Control & Rescue District - Agenda for March 8, 2000 meeting 5. Minutes: Immokalee Enterprise Zone Development Agency -Minutes of November 18, 1999 meeting Bo Golden Gate Beautification Advisory Committee - Agenda for February 8, 2000 meeting and minutes of January 11, 2000 meeting C. Hispanic Affairs Advisory Board - Agenda for February 16, 2000 meeting Do Lely Golf Estates Beautification Advisory Committee -Agenda for January 14, 2000 meeting and minutes of January 14, 2000 Fo Rural Fringe Area Assessment Oversight Committee - Agenda for February 9, 2000 meeting and minutes of January 26, 2000 meeting AGENDA ITEH I Pathway Advisory Committee - Agenda for February 18, 2C }0 nl~ling ~/~; ~ EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE AN AMENDED UNITED STATES DEPARTMENT OF JUSTICE FEDERAL EQUITABLE SHARING AGREEMENT. QBJECTIVE: To have the Collier County Commission endorse an amended United States Department of Justice Federal Equitable Sharing Agreement. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with the Department of Justice and U.S. Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. The Justice and Treasury Departments require a Federal Equitable Sharing Agreement to be signed triennially by the law enforcement agency and a designated official of the governing body. If there is a change in administration for the head of the law enforcement agency or the governing body within the three year period, a new agreement must be submitted to reflect the signatures of the new head of the agency and/or official of the governing body. The current Agreement was signed by the past Chairman of the Board of County Commissioners on September 28, 1999. An amended Agreement needs to be signed by the current Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in the Sheriff's Office. Funds will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues will be received depends on when a case is closed. Total revenues to be received cannot be determine until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners endorse the amended United States Department of Justice Federal Equitable Sharing Agreement. PREPARED BY: ~/~~'_ -~, ~ Kin~~~nan~. Director APPROVEDDATE: BY= ~,~riff a: XS. Es4 AGENDA~LTI~M No._~,L~ '--~ ,~ ,, Iq R 1 2060 Federal Equitable Sharing Agreement "VALID THRU SEPTEMBER 2002" Enforcement Agency: Police Department Prosecutor's Office Collier County Sheriff' s Office ~ ShefiW s 0 ffice~Depmlment 0 Other 0 Task Force~ Check if New Participant Contact Person: Danny Shryver, Esq. E-mail Address: N/a Mailing Address: 3301 Tamiami Trail East, Building J, Naples Florida 34112 (Street) (City) (Sm~) (Zip Code) Telephone Number: (. 941 ) 793-9292 Fax Number: ( 941 ) 793-9195 Agency Fiscal Year Ends on: 9/30 (Month/Day) NClClORI/'l'racking No.: FL0110000 This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared ~'"~'~ets and the following requirements for participation in the federal equitable sharing program. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of 3ustice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. Asset Forfeiture and Money Laundering Section U.S. Department of Justice/ACA Program P.O. Box 27768 Washington, D.C. 20038 E-mail address: program.aca@usdoj.gov Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department oftbe Treasury 74015th Street, N.W., Suite 700 Washington, D.C. 20220 E-mail address: treas.acam~teoaf, treas.gov Fax: (202)622-9610 Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably-shared cash, property, or proceeds. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing request (either a DAG-71 or a 'I'D F 92-22.46) submitted by the requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify fzrst that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Deparmaent of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department shown in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department ' Attach list of member agencies with their addresses and indicate lead agency. / NO. ! (_, ~ ~ [ I I_ o with' federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be deposited in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide tc Equitable Sharing, of Federally Forfeited Property for State and Local Law Enforcement ,~g,encies (Justice Guide), and the Department of the Treasury's Guide w Equitable Shai'ing, for Foreign Countn'es and Federal, State, and Local Law EnforcementXg,encies (Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure Io comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Depamnent of Justice and the Deparunent of the Treasury (at the addresses shown in item 1) and a copy to thc U.S. Attorney in the dislrict in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving any equitably-shared cash, property, or proceeds. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A- 133. The Department of Justice and the Department of the Treasury reserve thc right to conduct periodic random audits. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? ~ Yes O No (If you answered yes, attach relevant information. See instructions.) Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? G Yes O No (If you answered yes, attach relevant information. See inslxuctions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 etseq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Don Bunter 2/28/00 Timothy J. Constantine Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative Name (Print or Type) Governing Body Head or Authorized Representative AGENDA ITEM HAR 1 2000 Sheriff Chairman, Title (Print or Type) Pg Date Collier County Tide (Print or Type) This form is subject to the Freedom of Information A ct and may be released to requests under 5 U.S.C. ~ 552. Melva Browning v Collier County Sheriff's Office gender discrimination; EEOC pending Glendell Edison v Collier County Sheriff's Office racial discrimination; EEOC pending Dorothea Sabielny v Collier County Sheriff's Office gender discrimination; settled Victor Valdes v Collier County Sheriff's Office ethnic discrimination; in litigation HAR 1 q ~000 EXECUTIVE SUMMARY APPROVAL OF AN AIRCRAFT STORAGE SPACE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY FOR THE SHERIFF'S OFFICE. OBJECTIVE: Approval of an Aircraft Storage Space Agreement with the City of Naples Airport Authority for use by the Sheriff's Office. CONSIDERATION: The City of Naples Airport Authority ("Authority") has prepared an Aircraft Storage Space Agreement ("Agreement") for a T-hangar storage space for an aircraft for the Sheriff's Office. The Cessna aircraft to utilize this space shall be used for surveillance and transport. The Lease term shall be month-to-month for twelve (12) months. The Agreement shall automatically renew annually on a month-to-month term following the first year of occupancy. The County shall be able to terminate the Agreement at any time by providing a fifteen (15) day written notice. The annual rent shall be Three Thousand One Hundred Sixty-six Dollars and Eighty Cents ($3,166.80) and shall be paid in monthly installments. The attached Lease Agreement has been reviewed by the Office of the County Attorney, the Risk Management Department and the Sheriff's Office. FISCAL IMPACT: The annual rent of Three Thousand One Hundred Sixty-six Dollars and Eighty Cents ($3,166.80) shall be paid in equal monthly installments of Two Hundred Sixty-three Dollars and Ninety Cents ($263.90) and shall be withdrawn from (001-061010-644100) General Fund, Board of County Commissioners for Sheriff-Law Enforcement-in lieu of Transfer, Rent-Buildings. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Aircraft Storage Space Agreement with the City of Naples Airport Authority to be used by the Sheriff's Office. authorize its Chairman to execute same, and approve any and all Budget Amendments concerning payment for same. Michael H. Dowling, Sp~ist IIOeal DATE~- ~ c,;, ~ Property Management Department REVIEWED APPROVED BY: rative Assistant, Sheriff's Office Don-"~.t_~c°llier ~ DATE: I':\TE: '3 "/- 6,7 AGENDA ITEM No. Itc _.T,.~ pg, I NAPLES MUNICIPAL AIRPORT AIRCRAFT STORAGE SPACE AGREEMENT TEIS AGREEMENT, made and entered into this 1st day of October , 1999 , by and between the CITY OF NAPLES AIRPORT AUTHORITY, herein referred to as "Authority"; and Collier County , ~xxxxxxxxxxxxxxx~~55Z~K~xtqyx~x~~~ ~x~x~~X~fx~F~ hereinafter referred to as "LESSEE". WITNESSETH, for and in consideration of the mutual promises, covenants and a~reements herein and applicable Leasin~ Manual adopted by the Executive Director as the same may be amended from time to time, the parties hereto mutually promise, covenant and a~ree as follows: I. PREMISES The Authority hereby leases to LESSEE the foliowin9 aircraft storage facility: A. XX T-HANGAR AIRCR_A.~T STORAGE SPACE NO. A-27 B. T-SMELTER AIRCR3%FT STORAGE SPACE NO. C. TIE-DOWN AREA (No specific space assigned.) D. EXECUTIVE HANGAR AIRCRA_~T STORAGE SPACE, utilizin9 scfuar~ feet in the Executive Hangar, as calculated in the published uniform rates and char~es in effect on the Naples Airport. 2. USE OF PREMISES LESSEE agrees that: The demised premises shall be used solely for the parkin9 and storage of the LESSEE'S fo!!owin9 described aircraft: FAA Aircraft License No. ~/~g~ ~ Make and Model _~5~ /~2_ Number of Engines / LESSEE agrees that only the aforesaid aircraft shall be stored on said space except with the advance written approval of the Executive Director. LESSEE a~rees to notify the Authority in writin9 of any chan~e in the type or registration number of hangared aircraft within five (5) days of the occurrence of any such change. LESSEE will not conduct commercial aeronautical activities, on ~ne 3. LEASE TERM Tie-down rentals or Executive Han~ar spa¢ month, commencin~ on the date hereof. Lease a No. i~,a~3~ MAR 1 2000 shall run month ire~ents for T-Man~ g, ~ .... © 'ars shall be for a twelve (12) month term commencing on the date hereof and shall terminate, unless earlier terminated as herein provided, on the last day cf the twelfth month. Upon expiration of any lease term specified, this agreemen~ will automatically be renewed for consecutive re,--ms of one (I) month each upon the same terms and conditions, unless at least thirty (30) days prior to the end of any such term, either party gives the other written notice of termination of this Agreement. 4. RATES, FEES AND CHARGES A. In consideration of the rights herein granted, LESSEE shall pay to the Authority during the term of this Agreement the base rent and related charges applicable to the space utilized by LESSEE, all in accordance with the uniform rate schedule in effect and published by the Authority for the Naples Municipal Airport. Said rate schedule is subject to adjustment by the Authority at least semi-annually. B. Said rent shall be paid in advance on the first day of each month commencing on the first day of the Agreement, plus applicable state sales tax. 5. LEASE MANUAL LESSEE agrees to be bound by the Lease M~nual. iN W!TA~SS W~iEREOF, the parties have caused this Agreement to be executed by their appropriate officials, the day and year firs~ above ~__~ten: ATTEST: CITY OF NAPLES AIRPORT AUTHORITY EXECUTIVE DIRECTOR COLLIER COUNTY LESSEE (PLEASE PRINT) LESSEE'S AUTHORIZED SIGNATITRE TIMOTHY J. CONSTANTINE HOME ADDRESS HOME PHONE 3301 TAMIAMI TRAIL E.~ NAPLES~ FL 3411P BUSINESS ADDRESS 941 BUSINESS M. R ! 2000 NAPLES MUNICIPAL AIRPORT AIRCP~AFT STORAGE SPACE AGREEMENT THIS AGREEMENT, made and entered into this 1st day cf October , 1999_, by and between the CITY OF NAPLES AIRPORT AUTHORITY, herein referred to as "Authority"; and Collier County , ~xxxxxxxxxxxxxxx~~5~~~Rx~a~ex~~ ~L3~X~Y~:~KXgfX~=~ hereinafter referred to as "LESSEE". WITNESSETH, for and in consideration of the mutual promises, covenants and agreements herein and applicable Leasing Manual adopted by the Executive Director as the same may be amended from time to time, the parties hereto mutually promise, covenant and agree as follows: 1. PREMISES The Authority hereby leases to LESSEE the following aircraft storage facility: A. XX T-iZ. ANGAR AIRCRAFT STORAGE SPACE NO. A-27 B. T-SHELTER AIRCRAFT STORAGE SPACE NO. C. TIE-DOWN AREA (No specific space assigned.) D. EXECUTIVE HANGAR AIRCRAFT STORAGE SPACE, utilizing square %eet in the Executive Hangar, as calculated in the published unifmrm, rates and charges in effect on the Naples Airport. 2. USE OF PREMISES LESSEE agrees that: The demised premises shall be used solely for the parking and storage cf the LESSEE'S following described aircraft: FAA Aircraft License No. Make and Model Number of Engines 'LESSEE agrees that only the aforesaid aircraft shall be stored on said space except with the advance written approval of the Executive Director. LESSEE agrees to notify the Authority in writing of any change in the tYPe or registration number of hangared aircraft within five (5) days of the occurrence of any such change. LESSEE will not conduct commercial aeronautical activities-on the leased premises. 3. LEASE TERM Tie-down rentals or Executive Hangar spac month, commencing on the date hereof. Lease a .~ee~nus for ~-~an~ ars shall be for a twelve (12) month term commencing on the date hereof and shall terminate, unless earlier terminated as herein provided, on the last day of the twelfth month. Upon expiration of any lease term specified, this agreement will automatically be renewed for consecutive terms of one (l) month each upon the-same terms and conditions, unless at least thirty (30) days prior to the end of any such term, either party gives the other written notice of termination of this Agreement. 4. RATES, FEES ~ CHARGES A. In consideration of the rights herein granted, LESSEE shall pay to the Authority during the term of tkis Agreement the base rent and related charges applicable to the space utilized by LESSEE, al! in accordance with the uniform rate schedule in effect and p~b!ished by the Authority for the Naples Municipal Ail-port. Said rate schedule .is subject to adjustment by the Authority at least semi-a~ua!ly. B. Said rent shall be paid in advance on the first day of each month commencing on the first day of the Agreement, plus applicable state sales tax. 5. LEASE MANUAL LESSEE agrees to be bound by the Lease Manual.. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their appropriate officials, the day and year first above written: ATTEST: CiTY OF NAPLES AIRPORT AUTHORITY EXECUTIVE DIRECTOR · COLLIER COUNTY LESSEE (PLEASE PRINT) LESSEE'S AUTHORIZED SIGNATURE TIMOTHY J. CONSTANTINE HOME ADDRESS HOME PHONE 3301 TAMIAMI TRAIL E.~ NAPLES~ FL 34112 941-774-8991 BUSINESS ADDRESS BUSI~iSS ~um~E ~NDA ITEM form & legal ~uffict~ucy A~mU~ut County Attorney No,- l~ z ~.~_ MA . ! 2000 pg._ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. ll0A IN THE LAWSUIT ENTITLED COLLIER COUNTY v. JOSE L. REY, et a/., Case N~99-3683-CA (Golden Gate Boulevard between C.R. 951 and Wilson Boulevard) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 110A for the Golden Gate Boulevard Project in the lawsuit entitled Collier County v. Jose L. Rey, et al., Case No. 99-3683-CA. CONSIDERATIONS: On January 7, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard (Project No. 63041). On January 20, 2000, Collier County deposited with the Registry of the Court the sum of One Thousand One Hundred Dollars ($1,100.00) for Parcel No. 110A in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Richard and Patricia DeBrincat, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-220). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Two Thousand Dollars ($2,000.00) to be paid to the Defendants as full compensation for the property rights taken as to Parcel No. 110A. To comply with the terms of the Stipulated Final Judgment, Nine Hundred Dollars ($900) must be added to the Registry. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $900.00; to be obligated in the budget for FY 99/00. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (63041) Golden Gate Boulevard (CR 951/Wilson Blvd.) GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. AO-~NDA ITEM MAR 1 2000 Pg. / Executive Summary CC v. Jose L. Rey, et al. Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit an additional $900 into the registry of the Court. Prepared by: Heidi F. Ashton Assistant County Attorney Date Reviewed by: A. N. Korti, Project Manager Office of Capital Projects Management Reviewed by: y Bibby, Director ~ Public Works Engineering Dept. Date Date Approved by: David C. Weigel, Coafii~y Attorney Date zN THE CmCUZT COURT OF THE 0[ Fl,,,,_ TWENTIETH JUDICIAL CIRCUIT COUNTY AT IN AND FOR COLLIER COUNTY, FLORID6 FEB 22 AH COLLIER COUNTY, FLORIDA, a pohtical subdivision of the State of Florida, CASE NO. 99-3683-CA VS. Petitioner, JOSE L. REY, ET AL. Respondents. CIVIL AdTION PARCEL: STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by l~etitioner, by and through its undersigned counsel, and Respondents, RICHARD DEBRINCAT and PATRICIA DEBRINCAT, for entry of a Stipulated Final Judgment as to Parcel No. 110A, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to paid by Petitioner is the full compensation due the Respondents, RICHARD DEBRINCAT and PATRICIA DEBRINCAT, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, RICHARD DEBRINCAT and PATRICIA DEBRINCAT, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Dollars and No/100 ($2,000.00) for Pan:el No. 110A as full pay~a~ ent:L.,.... f'rl T..:'? ' '~ '' for the property interests taken and for damages resulting to the remainder, if less than the en~e property was taken, business damages, and for all other damages in connection with said p _ar~. 1; is further " . MAR 1 z:. 2000 ORDERED, except as provided herein, no attorneys fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to parcel 110A; it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Nine Hundred Dollars ($900.00), subject to the approval oft he Board of County Commissioners, into the registry of this Court within 30 days of the date of this Stipulated Final .Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand Dollars and No/100 ($2,000.00) to Richard DeBrincat and Patricia DeBrincat, 817 Victory Circle, Boynton Beach, Florida, 33436, less any amounts previously paid for the benefit of Respondents, RICHARD DEBRINCAT and PATRICIA DEBRINCAT; and it is further ORDERED that title to Parcel No. 110A, a drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated Sanuary, 7, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2610, Page 867 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 110A; it is therefor I AR 1;i 2000 day of DONE AND ORDERED in Chambers at Naples, Collier County, Flo~da, this ;~ ,2000. conformed copies to: "/Heidi F. Ashton, Assistant County Attorney v" Richard and Patricia DeBrincat ,/NationsBank, N.A. ~/Jean G. Howard, Esq. f Vincent Murphy, Esq. Bookkeeping T. Durham, Legal ASsistant, BCC Act. /? Judge Brousseau Circuit Court Judge No. 318-163673-63~~ty Atto~ey's office,~;r~;~_Com, Chame JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: 2-Z (~~__.42rzX~_~ RI C~AII)J) DEBWR~N~T 817 Victo~ Ckcle Boston Beth, FL 33436 PATRICIA DEBRINCAT 817 Victory Circle Boynton Beach, FL 33436 3 Dated: c~" 1~--,:,2~2~)L2~ ~I F. ~ON, ESQ~ Flod~ B~ No. 0966770 ~si~t Co~ A~omey 3301 E~t T~ T~I, 8* Floor N~les, Flofi~ 34112 (941) 77&8400 - Phone (941) 774-0225 - F~s~le A~omey for Pefifion~ AOENDA IIEM . MAR 1 -2000 J EXECUTIVE SUMMARY Recommendation that the Board of CounW Commissioners approve additional expert fees associated with the acquisition of parcels 713A, 713B, 813A and 813B in the lawsuit entitled COLLIER COUNTY v. Naples Italian Atnerican Club, Inc., et aL, Case No. 98-1672-CA (Airport--Pulling Road 6-Laning Project from Pine Ridge Rd. to Vanderbiit Beach Rd.) OBJECTIVE: That the Board of County Commissioners approve additional 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, b~c., et al., Case No. 98- 1672-CA. CONSIDERATIONS: In July of 1998, the County acquired parcels 713A, 713B, 813A and 813B in the case of Collier CounO' vs. Naples Italian American Club, Inc., et al., for the 6-1aning of Airport Road between Pine Ridge Road and Vanderbilt Beach Road (Project No. 62031). On June 22, 1999, the Board of Commissioners approved the terms of a Stipulated Final Judgment that was then entered by the Court on August 11, 1999. (A copy of the Stipulated Final Judgment is attached to this document.) An Agreed Order Awarding Expert Fees and Costs will be filed with the Court pending approval of this Executive Summary. The breakdown of these fees and costs are provided below: Charles Cawthra & Assoc., Inc. (Research Analysis) Morris-DePew Assoc., Inc. (Land Planning Services) TOTAL $17,500.00 $ 3,000.00 $20,500.00 FISCAL IMPACT: Cost: $20,500.00 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 Vanderbilt Beach Rd.) (Pine Ridge 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 MAR 1 q 2000 2. approve the expenditure of the funds as stated; and 3. direct staff to :~it the sum of $20,500.001'* '';' ' lilt. ' Prepared by: ! / ' t / I-I'el-d i F.-Ash~on ' ; Assistant County Attorney Date Reviewed byL _. 'l~Iicah Massaquoi, Project Manager Office of Capital Projects Management Date Reviewed by: / /-4 '-, '-9 ~i/¢effrey Bibby, Director Public Works Engineering Dept. Date Approved by: / , /~ i' / ' ISa. vid C. Wei}e ,l~(~ou~nty dS)ttc~mev CC v. Naples Italian American Club, Inc.; Parcels 713A, 713B. 813A and 813B. NAR I ~ 2000 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO. 98-1672 CA Petitioner, vs. CIVIL ACTION THE NAPLES ITALIAN-AMERICAN CLUB, PARCELS: 713A, 713B, 8 Ii~A, INC., a Florida corporation; et al. 813B Respondents. / STIPULATED FEN'AL 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, IndMdually and as co-partner dJb/a BUCKLEY ENTERPRISES; THON£&S E. BUCKLEY, IndMdually and as co-partner d/b/a BUCKLEY ENTERPRISES; and [LEUS N. BUCKLEY, for entry of a Stipulated Final Jud_m'nent 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 I-I,EUS N. BUCKLEY, and the Court being otherwise fully ad¢.sed in the premises thereof, it is thereupon . ORDERED ANT) ADGUT)GED that the Respondents, HARRY M. BUCKLEY, Individually and as co-partner cb%la BUCKLEY ENTERPRISES; DONALD 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, 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, 813A 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 ORDERED that Respondents shall reimburse Petitioner the sum of Forty Five Thousand Four Hundred Fifty and No/100 Dollam ($45,450.00) within sixty (60) days of the court's execution of the Stipulated Final Judgment pertaining to parcels 713A, 713B, 813A, and 813B. 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, 813A and 813B to Respondents by Quitclaim Deed within sixty (60) days of the court's execution of this Stipulated Final Judgment pertaining to parcels 713A, 713B, 813A and 813B. 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 from 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 their 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 Respondents. Accordingly, if the project is not so 2 i' 1 2000 i, 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 cnxl 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 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 713A, 713B, 813A and 813B; and it is further ORDERED that this Court retains jurisdiction to enforce the terms of this judgment. DONE A~ND ORDERED in Chambers at Naples, Collier County, Florida, on this day oLrJg~,/'~1999. ~ ~ , '% ~.- ~ ~ . Circuit Court Judge CERTIIZlCATE OF SERVICE I Iq2EREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to Brian P. Patchen, Esquire, Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 112, Miami, Florida 33131; Douglas L. Woldorf, Jr., Esquire, Post Office Box 3454, Fort Myers, Florida 33918-3454; NationsBanlq N.A. (South), 691 Filth Avenue South, Naples, Florida 33940; Charles J. Basinait, Esquire, Henderson, Franklin, Starnes & "~'~,~.l~.~aa-~'--~-~'~,. _ ., ~. ..... --~ [ MAR I 4 20OO I Monroe Street, Fort Myers, Florida 33901; lteidi Ashton, Esquire, Assistant count3' Attorney, Collier County Attorneys Office, 3301 East Tamiami Trail, Naples, Florida 34112-4902 and Joe W. Fixel, Esquire, Fixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, on day of 4tr~, 1999. Judici,u JOLNT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT COMES NOW, Petitioner, COLLIER COUNTY, FLOP, DA, together v, ith 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; THOM. AS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, without waiving any rights and respectfully move for the entry of the foregoing S/tlpulateg Final Judgment. Brian Patcheh, Esqulre " ~'~ 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 Jce }/¢. Fix'el', Esquire 1 ~lo/fida Bar #0192026 / rx L a: t, aAGtm ~211 SoL, th 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 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner 2000 AO. ENDA !TE..M . MAR 1 ~ 2000 AGENDA ITI~M,., /? ~1' '"~ I I1/ [, ] . ~,'" ;~ "' /1/ ...... ~. .... i , -_~ ~,~ ~.,, ill I: , ' iix ,, f~..2~00 ' pg. I ~ L AGENDA ITEM., I I I , ! ~ r ' I i~rt I I I f t I I rrrr ~rr~ IN THE CIR. CUrlT COUR'I' OF THE TWENTIETH JUDICIAL CIRCUIT IN A.ND 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. CASE NO.: 98-1672 CA P)uRCELS: 713A, 713B, 813A and 813B AGREED ORDER AWARDING E,XPERT WITN~ESS FEES THIS CAUSE, having come before the Com,-t upon Joint Motion of the parties for entry of an Order Awarding Expert Fees, and the Court being fully advised in the premises, it is thcrefcre ORDERED AND ADYUDGED that Respondents, HARRY M. BUCKLEY, individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, individually and as co-partner dJb/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, individually and as co-partner d&/a BUCKLEY ENTERPRISES, and ILEUS N. BUCKLEY, individually, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of TWENTY THOUSAND FIVE HUNteD and no/100 (520,500.00) DOLLARS for experts' fees in this matter to'be disbursed as follows:. Charles Cawthra & Assoc., Inc. (Research Analysis) Morris-DePew Assoc., Inc, (Land Planning Services) $17,500.00 $ 3,000.00 CASE NO.: 98-1672 CA-01 DONrE .&.ND ORDERED in Naples, Collier County, Florida on this ,2000. day of TED H. BROUSSEAU Circuit Court Judge copies to: Joe W. Yixel, Esq. Br/an P. Patchen, Esq. Heidi F. Ashton, Esq. iIOINT MOTION The parties, by and through their undersigned a?.omeys, move for entry efthe foregoing Agreed Order Awarding Expert Fees. Dated: February ~, 2000. JOE W ~ 211 South Gadsden Street Tal!ahassec, Fiorida 32301 (850) 681-1800 (850) 681-9017facsimile .2 BRIAN P. PATCHEN FL. Bar No.: 157545 Attorney for Respondents Earle & Patchcn, P.A. I000 Brick~ll Avenue, Suite 1112 Miami, Florida 331.31 (305) 372-1112 (305) 372-3691 facsimile 2000 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve direct payment of expert fees and costs associated with the acquisition of various parcels in the lawsuit entitled COLLIER COUNTY v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA (Airport--Pulling Road 6-Laning Project from Pine Ridge Rd. to Vanderbilt Beach Rd.) OBJECTIVE: That the Board of County Commissioners approve direct payment of expert fees and costs associated with acquisition of various parcels in the lawsuit entitled Collier CounO, v. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA. CONSIDERATIONS: In summer of 1998, the County acquired various parcels in the case of Collier Count), vs. Naples Italian American Club, Inc., et al., for the 6-1aning of Airport Road between Pine Ridge Road and Vanderbilt Beach Road (Project No. 62031). The property owners in this suit have been fully compensated and all that remains is the payment of expert fees and costs. The Board of County Commissioners has already approved or is in the process of approving payment of the expert fees and costs associated with this case. (See Agenda Item No. 9(A) on January 25, 2000; and Agenda Item No. 16(J)l on January 25, 2000.) In order to expedite payment and bring closure to this particular suit, the County Attorney's Office is recommending direct payment of those fees instead of depositing the sums in the Court Registry. Please note that this particular Executive Summary is not a request for any additional funds, but merely a request to expedite the payment process concerning Collier CounO, vs. Naples Italian American Club, Inc., et al. FISCAL IMPACT: There will be no fiscal impact if this request is adopted. _ GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve direct payment of funds that have already been approved for expert fees and costs associated with Collier County vs. Naples Italian American Club, Inc., et al. Prepared by: Heidi F. Ashton Assistant County Attomey Date Reviewed by: Micah Massaquoi, Project Manager Date ? lq 2000 ..... Office of Capital Projects Management Reviewed by: Jeffrey Bibby, Director Public Works Engineering Dept. Approved by: David C. Weig~'l,~L~u~ty,~tomey Date r~aat?/~ CC v. Naples Italian American Club, Inc. EXECUTIVE SUMMARY CU-2000-02, DIANE FLAGG, CHIEF, COLLIER COUNTY EMS, AND SANDRA TAYLOR, COLLIER COUNTY REAL PROPERTY, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, REQUESTING A CONDITIONAL USE FOR ESSENTIAL SERVICES IN THE "E" ESTATES ZONING DISTRICT PER SECTION 2.6.9.2 FOR AN EMS AND SHERIFF'S SUBSTATION FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GOLDEN GATE BOULEVARD AND 13TM STREET SW, IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.57_+ ACRES. OBJECTIVE: The applicant requests a Conditional Use in order to construct and operate an Emergency Medical Services/Sheriff Substation in the Estates zoning district. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate an EMS and Sheriff's substation in the Estates zoning district. Section 2.6.9.2 of the Land Development Code lists "safety service facilities" as a Conditional Use of the Estates zoning district. The project will not have a significant impact on automobile traffic and pedestrian traffic will benefit from the addition of a sidewalk along 13th Avenue SW. The substation will have a positive impact on the response-time of Sheriff and ambulance service in the area. Approval of the Conditional use will create a safety services "node" with sheriff, ambulance and fire stations all essentially located at the same intersection. It should be noted that approval of this Conditional Use will cause the adjacent parcels to the west and south (Tract 50 and the south ½ of Tract 51, Unit 9) to become eligible for a Transitional Conditional Use. Transitional Conditional Uses in the Estates zoning district include: churches and other places of worship, social & fraternal organizations, child care centers and adult daycare centers, public & private schools, group care facilities, care units, nursing homes, assisted living facilities, and continuing care retirement communities. The Board of Zoning Appeals must ultimately approve any Transitional Conditional Use. - AGENDA MAR 14 2000 FISCAL IMPACT: If this petition is approved, there may be fiscal impact to Collier County in the Public Services Division for staff, etc., and for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Golden Gate Estates on the Future Land Use map of the Growth Management Plan. The Golden Gate Estates Land Use Designation indicates that the parcel is subject to the provisions of the Golden Gate Area Master Plan. The Master Plan permits conditional uses, subject to Iocational cdteda, except that Essential Services Conditional Uses are permitted anywhere within the Estates zoning district. Therefore, if the Board of Zoning Appeals approves a Conditional Use for an EMS/Sheriff substation, the petition shall be consistent with Golden Gate Area Master Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended that the Collier County Planning Commission recommend approval of Petition CU-2000-02 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMMENDATION: Because the petition did not require an Environmental Impact Statement, the Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission was scheduled to hear this petition on March 2, 2000, after the deadline for preparation of this Executive Summary. Therefore, the recommendation of the CCPC will be presented verbally. 2 AGENDA ITEM MAR lq 2000 PREPARED BY: F , SENIOR PLANNER CURRENT PLANNING I~nAll~ ~: N~NO, alCP CURRENT PLANNING MANAGER DATE DATE R0~ULHERE, AICP PLANNING SERVICES DIRECTOR DATE Vll'~--~l~¢ A. C/~UTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2000-02 3 AGENDA ITEM HAR 1~ 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 14, 2000 SUBJECT: CU-2000-02 (COLLIER COUNTY EMS-17) PROPERTY OWNER/AGENT: OWNER: Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 AGENT: Chief Diane Flagg/Sandra Taylor Collier County Government 3301 Tamiami Trail East Naples, FL 34112 REQUESTED ACTION: The applicant requests a Conditional Use in order to construct and operate an Emergency Medical Services/Sheriff Substation in the Estates zoning district. AGENOA ITEM I~AR 1~1 2000 LOCATION: The subject parcel is located on the southwest comer of the intersection of Golden Gate Boulevard and 13~ Street SW, in Section 8, Township 49 South, Range 27 East. The site is across 13th Street SW from the Collier County Library - Estates Branch and the Golden Gate Fire Distdct fire station. The site consists of approximately 2.57 :!: acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate an EMS and Sheriff's substation in the Estates zoning district. Section 2.6.9.2 of the Land Development Code lists "safety service facilities' as a Conditional Use of the Estates zoning district. The proposed facility consists of offices and garages for Collier County Emergency Medical Services and the Collier County Sheriff, parking, water management and required buffers. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned E SURROUNDING: North: East: South: West: Golden Gate Boulevard ROW, across which is Golden Gate Estates Unit 10, Tract 36; zoned E 13th Street SW ROW, across which is the Collier County Library- Estates Branch and the Golden Gate Fire Distdct fire station; zoned E-PU (Provisional Use, now called Conditional Use) The south ~ of Tract 51, Unit 9; zoned E Tract 50, Unit 9; zoned E GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Golden Gate Estates on the Future Land Use map of the Growth Management Plan. The Golden Gate Estates Land Use Designation indicates that the parcel is subject to the provisions of the Golden Gate Area Master Plan. The Master Plan permits conditional uses, subject to Iocational criteria, except that Essential Services Conditional Uses are permitted anywhere within the Estates zoning district. Therefore, if the Board of Zoning Appeals approves a Conditional Use for an EMS/Sheriff substation, the petition shall be consistent with Golden Gate Area Master Plan. AC.,F_N~A ~TEM 2 MAR 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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. An Historical/Archaeological Survey and Assessment waiver is not required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of an EMS/Sheriff facility on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. Since a safety services Conditional Use is recognized as a Conditional Use of land in the Golden Gate Estates area, this Conditional Use request has been determined by staff to be consistent with the Golden Gate Area Master Plan of the Growth Management Plan. It should be noted that approval of this Conditional Use will cause the adjacent parcels to the west and south (Tract 50 and the south ~ of Tract 51, Unit 9) to become eligible for a Transitional Conditional Use. Transitional Conditional Uses in the Estates zoning district include: churches and other places of worship, social & fraternal organizations, child care centers and adult daycare centers, public & private schools, group care facilities, care units, nursing homes, assisted living facilities, and continuing care retirement communities. The Board of Zoning Appeals must ultimately approve any Transitional Conditional Use. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. 3 AGENDA ITEM 4AR l 2000 Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The proposed EMS/Sheriff facility will have access via 13"' Street SW. The intersection of 13"~ Street and Golden Gate Boulevard is proposed for signalization. A bike path exists along Golden Gate Boulevard and, if this Conditional Use is approved, a sidewalk shall be constructed at the eastern property line along 13t~ Street SW. CON: The proposed facility is estimated to generate approximately 15 to 30 trips per weekday. The current traffic count for Golden Gate Boulevard is 14,592 ADT. This results in a Level Of Service "E" operation. This segment of Golden Gate Boulevard is scheduled for improvement to a 4-lane facility by 2000-2001. ANALYSIS: The project will not have a significant impact on automobile traffic and pedestrian traffic will benefit from the additional sidewalk. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The substation will have a positive impact on the response-time of Sheriff and ambulance service in the area. Approval of the Conditional use will create a safety services "node" with sheriff, ambulance and fire stations all essentially located at the same intersection. CON: The immediate neighbors will experience the noise and glare of sirens and lights during responses to emergencies. ANALYSIS: The use of the property for a Sheriff/EMS substation would have less impact on the surrounding properties than most other conditional uses, except during responses to emergencies. Compatibility with adjacent properties and other property in the district. PRO: A Sheriff/EMS substation is considered an essential service and will be used by a major portion of the residents in the area. CON: A government building is a more intense use than a Iow-density single- family home. ANALYSIS: The proposed Conditional Use is for an essential service and it best serves the community when it is located within the community. AGENDA ~'rF_M I AR 2000 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-02 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMENDATION: This petition did not require an Environmental Impact Statement; therefore the Collier County Environmental Advisory Council did not hear this petition. PREPARED BY: FI~D~EISCHL SEIq]OR PLANNER <=2 DATE ,!~IEWED I~Y: RC~ALD ]~.~I~INO, AICP CURRENT PLANNING MANAGER DATE PLANNING SERVICES DIRECTOR DATE APP~RO/VE D BY: VINCENT A, CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-2000-02 COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 5 AGENDA ITEM . MAR 2000 APPLICATION FOR PUBLIC HEARING FOR: Petition'' Received' ClJ 00- 02 · '' Date Petition No.: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) COLLIER COUNTY (EMS/Real Property_) Applicant's Mailing Address 3301 Tamiami Trail East City Naples State Florida Applicant's Telephone # 774-8991 Name of Agent Diane Flag~Sandra Taylor Agent's Mailing Address City State Agent's Telephone # Zip 34112 Fax # 774-8876 Firm Collier County_ Staff Zip Fax # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 1 0 complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) N/A 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 o Name of Civic Association: Mailing Address City State Zip Disclosure of Interest Information: 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 an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). See attached Warranty Deed, recorded in O.R. Book 2554, Page 1638. Name and Address COLLIER COUNTY Percentage of Ownership 100% APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE AGENDA I~ HAR 2000 OF 15 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co 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 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: . APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE AC, :)F lvt 2000 f. list all If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (x) leased ( ):_6/3/99m Term of lease yr./mos. 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 for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered 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: Township: Range: Lot: Block: Subdivision: Golden Gate Estates Unit NO, 9 Plat Book 4__Page #:99/100 Property I.D.#: 37013362009 Metes & Bounds Description: North ½ of Tract 51. Golden Gate Estates. Unit No. 9 Size of property_: ft. X ft. = Total Sq. Ft. Address/general location of subject property_: Southwest comer of Golden Gate Boulevard and 13t~ Street S.W. Acres 2.57 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 4 G - A~NDA ITEIQ MAR 2000 15 Ad_iacent zoning and land use: Zoning N Estates S Estates E Estate~ W Estates Land use Residential Residential Golden Gate Estates Library_ (.South of Library_ is Golden Gate Fire Station) Residential Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A - Section: Township: Lot: Block: Plat Book__ Page #: Metes & Bounds Description: Range: Subdivision: Property I.D.#: o Type of Conditional Use: This application is requesting conditional use # Essential Services of the Estates district for (Wa'E OF USE)an EMS/future Sheriff's Office substation Per 2.6.9.2 of the Collier County_ land Development Code Present Use of the Property: Estates - vacant o Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect _the public interest and that the specific requirements governing'the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 request is consistent with each. PAGE 5 OF [5 AC.-~c. NDA l1 HAR 1~. 2000 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Consistent with the Growth Management Plan per the Planning Department. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ingress and Egress to the property, off 13th Street SW to provide for use of signaled ipters,ction which will be installed as part of the Golden Gate Boulevard project and will b~ used by the Golden Gate Fire & Rescue District (.Substation) as well. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Due to an existing fire and rescu, substation ii1 close proximity_ to this project, only minor noise will be added and only at times of emereencies. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: To the East of the project is the existing Golden Gate Estates Library_ and just south of the Libra~. is the existing Golden Gate Fire & Re~cue District's substation. Please provide any additional information which you may feel is relevant to this request. Proposed EMS/Sheriff's Office substation approved at this location by the Board of Coun .ty Commissioners at their May 25.1999 meeting (.Item 16G2 - approved the purchase of the land~ and their September 14. 1999 meeting .(Item 16G4 - approved the design and engineering of the substation). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 6 C A~A ITEM MAR 2000 15 P../? Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the sub_iect property; To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; Meeting notes available in Planning Services. Meeting held January. 26. 2000 ~2:30 p.m.). bo Eleven (11) copies of a 24" x 36" conceptual site plan [and one redttced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and 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.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Petitioner requests waiver pursuant memorandum fi'om the Collier County Natural Resources Department. PAGE 7 APPLICATION FOR PI. JBLIC HEARING FOR CONDITIONAL USE - 11/98 to attached 14 2000 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); have its own septic and well system. Traffic Impact Statement (TIS), unless waived at the pre-application meeting; N/A A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); N/A 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. N/A APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 80] MAR 16 2000 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: l~I~LQltT, l,$.LGenerally required for conditiOnal use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. See attached Memorandum fi'om Ed Kant. Director, Transportation Services Department. In summary_. Letter TIS expresses no concerns. MAJOR TIS: Required for all other conditional use (and rezone) requests. N/A A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the external right-of-way) such as providing or elim/nating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: N/A 1. Intersection Analysis 2. Background Traffic 3. Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR CONDYrIONAL USE - 11/98 PAGE lq 2000 , TRAFFIC IMPACT STATEMENT .(TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with conditional use or rezone petition: Trip Generation: Provide the total Waffle generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GIMP. 5. Radius of Development Influence (RDB: The TIS shall cover the least of the following two areas~ a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS .shall provide the measurement in road miles from the proposed project rather than a geometric radius. RDI Where the sum of the peak-hour critical lane volume is projected to exc~ Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 $. _. PAGE Intersection Analysis: An intersection analysis is required for all intersections within the 2000 Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting fi.om potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. J 10. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or pl..armed roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 1 A G~_.N~A ITF. M l h 2000 P.. STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST NAME OF APPLICANT: COLLIER COUNTY (EMS/Real Property_) MAILING ADDRESS: 3301 Tamiami Trail East CITY N~tdes. Florida ZIP 34112. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Golden Gate Boulevard and 13~ Street S.W. Southwest comer of e LEGAL DESCRIPTION: Section: Lot: Plat Book 4 Township: Block: Range: Subdivision:_Golden Gate Estates Unit No. 9 Page #:99/100 Property I.D.#: 37013362009 Metes & Bounds Description: North ½ of Tract 51 (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME cl. PRIVATE SYSTEM (WELL) X APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 1 · MAP, OF :15 e 10. 11. 12. · TOTAL POPULATION TO BE SERVED:EMS/S.O. Staff Only PEAK AND AVERAGE DAILY DEMANDS: N/A WATER-PEAK AVERAGE DAHJY 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: . 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 fi.om tests prepared and certified by a professional engineer. N/A COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, wa'itten notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A 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 fi.om any provider other than the County, a statement fi'om that provider indicating that there is adequate capacity to serve the project shall be provided. N/A Utility Provision Statement ILIM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/I)8 PAGE 1 MAR lq 2000 OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o F 0 T COPIES REQUIRED REQUIRED 1. Completed Application 11 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X ' Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 X 4. Pre-application notes/minutes (on file) 11 X 5. Conceptual Site Plans 11 X 6. Environmental Impact Statement - (ELS) 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 Waiver 4 X 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 - X Collier County Board of Commissioners Other Requirements - #11 - will be presented at time of SDP application. #13- application fee (fund/cost center) sent e- mail to "Smith_G" and may be requested to be waived upon Board review of application. As the authorized agent/applicaat for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. ~Signature APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 Date PAGE 14 ~. /7~ MAR 16 2000 )F 15 I, Sandra Taylor, as Collier County 'S Real Property Management Department Director, being first duly sworn, depose and say that Collier County is 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, 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 staff's knowledge and belief. 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 representative of the property owner I further authorize fellow County staff to act as my representative in any matters regarding this Petition. Si gn~ Owne; 's ~oresentative COLLIER COUNTY Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this by State of Florida County of Collier ~" day of ~ ~ "N' 2000, who is p~rsonall¥ known to me or has produced as identification. (Signature of Notary Pu Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 1.' ,~Gr~DA lTD/ OF 15 *** 24863.51 OR: 2554 PG: 1638 lit ItS! 06/03/199t it Ol:30fH DWI~ l, BI.i, CLII[ ~C-,10 2..20 ilTIR OFFICE COfIIS l,O0 WARRANTY DEED THIS WARRANTY DEED made this I day of ~, 1999 by JUAN A. REYES' (hereinafter singularly or collectively called the Granlor), to COLLIER COUNTY, 8 political subdivision of tho State of Floflda, its · successors and assigns, whose post-office address is 3301 Tamlaml Trail East, Naples, Florida, 34112 (hereinafter called Ihs Grantee). (Wherever used herein the terms 'Grantor' and 'Grantee' Include all the parties to this Instrument and their roepecUvo heirs, legal representatives, successors and assigns.) WlTNESSETH: That the Grantor, for and In conslderallon of the sum of Ten Dollars ($10.00) end other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remlses, releases, conveys and confirms unto the Grantee, ail that certain land situate in Collier County, Florida, and being more particularly described as follows, to wit: The North Y, of Tract 51', GOLDEN GATE ESTATES, Unit No. 9, according ID the plat thereof, as recorded In Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TOGETHER wllh all the tenements, heredltaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same In fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee *~-"~31e; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby warrants the title to said land and will defend the same against the lawful claims of ell persons whomsoever; J that said land Is free of ell epcumbrances except es noted above. IN wITNESS WHEREOF, the said Grantor has signed end sealed these presents the day and year first above written. Wlt~ess (S.Igna{ure) / Name: L./q,4C,. /.J 'Tr¢,/'o:~ (Print or Type) Name: .~3~7/~ ~. ~ (Print or Type) STATE OF~ COUNTY THIS CONVEYANCE ACCEPTED BY THE ~ BOARD OF COUNTY COMMISSIONERS, ] COLLIER COUNTY, FLORIDA, / PURSUANT TO THE, pR~VLS!~S ~ ~. / The foregoing Warranty Oe.~l.-wa~e, dged before me Ihls / day JUAN A. REYES, who Is perso~y known to rn~/~;ho has produca)~ ~ (affix notarial seal) .{{ ~../'~ (Signature o[~lo~r~'Publlc) ..-r'"' of ~1,,--~ , 1999, by as Identification. Name of~lary Pu'bl'ic) , v NOTARY PUBLIC Serial/Commission #: My C_o_ .mmlsslorl Exolr~s: _ _~, ll[~'"f.% uygx~mmoNJ~cuo~2 Il Prepared byt HeJdt r. Athto% Esquire 0f~tc, ~f the L"ol,nt~ Attor' Naples, ~lleelda 34112 (941) 774-8400 " I~Ott~t Sent: suitor_d Monday, February 07, 2000 9:03 AM mott t RE: §ire Inspection - Golden Gate Boulevard Yes, based on our surveys and Kevin's previous work we saw no concerns with respect to vegetation or wild life in the area. Doug Suitor CCNRD ----Original Message--- From: mott t Sent: MonO'ay, February 07, 2000 8:52 AM To: suitor d Subject: Site I~'spection - Golden Gate Boulevard Doug: It is my understanding that based on your site inspection of the property located on the southwest corner of Golden Gate Boulevard and 13th Avenue SW there are I would sincerely appreciate your assistance in confirming the above. Once again, thank you so much for your expedient assistance with this matter. It certainly was greatly appreciated. toni AGENDA~ITF~-.4 .,,./74 MAP,, IFrom: taylor_s Sent: Friday, February 04, 2000 11:00 AM To: kant e .' Subject: RE: '~MS Medic #17 - Golden Gate Blvd./13 Street SW - Site Plan Ill submit it with the CU and see what happens Sent: Friday, February 04, 2000 10:57 AM ITo: taylor_s Subject: RE: EMS Medic #17 - Golden Gate Blvd./13 Street SW - Site Plan Can't you just print the email. I do it all the time. From: taylor_s Sent: Friday, February 04, 2000 8:35 AM To: kant_e Subject: RE: EMS Medic//17 - Golden Gate Blvd./13 Street SW - Site Plan Thank you VERY much for reviewing the plans! If you wouldn't mind can you write up a quick memo (to me is fine) advising of your acceptance. I will need to attach it to the CU Application. Thank you again Edl From: kant_e Sent: Friday, February 04, 2000 8:20 AM To: taylor_s Cc: pierce_b Subject: RE: EMS Medic #17 - Golden Gate Blvd./13 Street SW - Site Plan I reviewed the plan Bob dropped off and take no exception. Originally, I thought EMS wanted access directly to and from GGBIvd. Proposed access is less intrusive and will not unnecessarily hinder emergency operations. From: taylor_s Sent: Wednesday, February 02, 2000 2:53 PM To: kant · Cc: pierc~_b Subject: RE: EMS Medic//17 - Golden Gate Blvd./13 Street SW - Site Plan Bob, as originally requested, please allow Ed to review what you have currently available. Thanks! From: kant_e Sent: Wednesday, February 02, 2000 2:47 PM To: taylor_s Cc: pierce_b Subject: RE: EMS Medic #17 - Golden Gate Blvd./13 Street SW - Site Plan A~A ITEM MAR - 00 Typically, I try to look (when asked) at plans before they are finalized. That way, there is less potential for a transfusion if I bleed all over them. Please get me whatever you now have. If you really, really want to wait until .they are signed, sealed and delivered, that's OK, too. Sent: To: Cc: Subject: taylor_8 .... Wednesday, February 02, 2000 2:42 PM kant · pierc~_b EMS Medic #17 - Golden Gate Blvd./13 Street SW - Site Plan Ed, Pursuant to Bob Pierce, Project Manager, Facilities Management Department, the final plans will not be available until 229/00. Once the final plans are received, Bob assured me that he will hand-deliver them to you.,for your review. Thanks so much for your assistance! I I L_. ------4 F----- ~! .... I x.~/ I L ...... d / ,,,I I I / II ~ //,e MAR 1~ 2~00 u.I I Jt I· I,r Iu 2000 d ~3§ .d RESOLUTION 2000-__ A RESOLUTION PROV'[DING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR ESSENTIAL SERVICES IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2 FOR AN EMS AND SHERIFF'S OFFICE SUBSTATION OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heating atter notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for Essen~ Services of Section 2.6.9.2 in an "E" Zone for an EMS and Sheriff's Office Substation on the pwperty hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters requ/red by said regul~/ons and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planmng Comrmssion; and WI-IEREAS, all interested parties have been given opportunity to be heard by this Bo~mi 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 CU-2000-02 filed by Diane Flagg, Collier County EMS and Sandra Taylor, Collier County Real Property, with respect to the property hereinafter described as: The north Va of Tract 51, Golden Gate Estates, Unit No. 9, as recorded in Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida be and the same is hereby approved for a Conditional Use for Essential Services of Section 2.6.9.2 of the "E" Zoning District for an EMS and Sheriff's Office Substation in accordance with the Master ])lan (Exhibit "B") and ~ubjcct to the £ollowin8 co~dition~: No.~ MAR 1 A 2000 Exhibit "C" which is attach~ hereto and incorporated by reference heroin. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to Form and Legal Sufficiency: Assistant County Attoney g:/admin/CU-2000-02J R.ESOLUT10N/FRJu.r2/10/2000 -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-02 The following facts are found: Section 2.6.9.2 of the Land Development Code authorized the conditional use. Grantin9 the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, .with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: 9:/admin/FINDING OF FACT CHAIRMAN/CU-2000-02 EXHIBIT ~ A" I,tAR KOO P~. ~ i EXHIBIT "B" CU-2000..02 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, dudng the course of site clearing, excavation or other construction activity, an historic or archeaolog~l artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, pdor to Site Development Plan approval. 3. The Planning Services Director may approve minor changes in the site plan. EXHIBIT "C" A~A L'F~M MAR 14 2?200 EXECUTIVE SUMMARY PETITION VAC 99-017 TO VACATE TWO PORTIONS OF 12TM STREET NORTH LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate two portions of 12th Street North described above. CONSIDERATIONS: Petition VAC 99-017 has been received by the Planning Services Department from Gloria Ceeley, J. Roland Lieber, and Tracey Ricketts - Cabada as owners of adjacent property requesting the vacation of the 60 foot wide fight-of-way. The existing fight-of- way is overgrown and has never been improved. A replacement easement will not be needed because Collier County does not have any facilities within the right-of-way. Letters of no objection have been received from all pertinent utility providers and user agencies. The Transportation Department has reviewed the Petition and has no objection. Adjacent zoning is RSF-4, Residential. FISCAL IMPACT: Collier County has collected a $1,000 "Petition to Vacate" fee from the petitioner, a copy of the receipt is attached. This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1) Approve Petition VAC 99-017 for the vacation of the above described right-of-way; and 2) Authorize the execution of the Resolution by its Chairman; and 3) Direct the Clerk to record a certified copy of the Resolution in the public records. PREPARED BY: ' DATE: REVIEWED BY: REVIEWED BY: APPROVED BY: John Houldsworth, Senior Engineer Thomas E. Kuck, P.E. Engineering Review Manager R6'b,~rt ~')ulhere, AICP, Pl~anning Services Director Vincent A. Cautero, AICP Development Services and Environmental Services Administrator DATE: DATE: DATE: 1 RESOLUTION NO. 2000- 3 RESOLUTION FOR PETITION VAC 99-017 TO VACATE A PORTION OF 12TH 4 STREET NORTH AS RECORDED IN PLAT BOOK 4. PAGE 30. PUBLIC 5 RECORDS OF COLLIER COUNTY, FLORIDA.. 6 7 WHEREAS, pursuant to Section 177.101, Florida Statutes and 336.10, Florida Statutes~ Gloria 8 Ceeley, J. Roland Lieber. and Tracey Ricketts-Cabada. as owners of adjacent property do hereby request the 9 vacation of a portion of 12th Street North: and 10 WHEREAS, the Board has this day held a public heanng to consider vacating said right-of-waY as 11 more fully described below, and notice of said public heanng to vacate was given as required by law: and 12 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 13 convenient access of other property, owners; and 14 WHEREAS, the petmoner is requesting the vacation of certain portions of 12th Street North which 15 were platted in 1955. and have never been improved. There are no plans to improve these rights-of-way, 16 The public benefits are to release the County from any liability and maintenance of the property, and to have 17 the property added to the tax rolls. 18 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 19 COLLIER COUNTY. FLORIDA. that the following be and is hereby vacated: 20 See Exhibit "A" attached hereto and incorporated hereto. 21 BE IT FURTHER RESOLVED. that the Clerk to the Board ;s hereby directed to record a cernfied 22 copy of this Resolution in the Public Records of Collier Count', Florida, and to make proper notation of this 23 vacanon on the recorded plat as referenced above. 24 This Resolution adopted after motion, second and majority vote favonng same. 25 DATED: 26 ATTEST: BOARD OF COUNTY COMMISSIONERS 27 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 28 29 BY: 30 31 32 33 34 35 36 37 Approved as to form and legal sufficiency: Assistant County Attorney TIMOTHY J. CONSTANTINE, Chairman A CKNOI4IL ED G£/vtEN T EXHIBIT "A" LEGAL DESCRIPTIONS OF 12~h STREET RIGHT OF WAY Legal Description No. 1: Beginning at the Northeast comer of Lot 10, Cypress Woods Estates Plat #2 recorded in Plat Book 4, page 30 of the Public Records of Collier County, Florida and mn S89°51'30"E for 60.00 feet to the Northxvest comer of Lot 11; thence mn S0°00'00"W, along the west line of said lot 11, for 135.00 feet to the North right of way line of Cypress Woods Drive; thence run N89°5 l'30"W, along said right of way for 60.00 feet to the Southeast comer of said Lot 10; thence run N00°00'00"E, along the east line of said Lot 10 for 135.00 feet to the Point of Beginning. Legal Description No. 2: Begi~ming at the Northeast comer of Lot 37, Cypress Woods Estates Plat #2 recorded in Plat Book 4, page 30 of the Public Records of Collier County, Florida, said point being on the South right of way line of Cypress Woods Drive and run S89°51'30"E along said right of way for 60.00 feet to the Northwest comer of Lot 36; thence run S00°00'00"W along the west line of said Lot 36 for 135.80 'feet to the Southwest comer of Lot 36; thence run N89°49'45"W for 60.00 feet to the Southeast comer of Lot 37; thence run N00°00'00"E along said east line of said Lot 37 for 135.77 feet to the Point of Beginning. Prepared by: Carol E. Nelson, P.L.S. 3871 White Boulevard Naples, Florida, 34117 Date Received: .Attachment "A" PETITION FOR3,! FOR VACATION OF ROAD RIGHT-OF-WAY Petition #: 'k/~'C. P e t i t i o n e r.~dc~'~:~ Address: Ci~/S t a t e~./~,~/c~_~ ~, Agent: Address: City/State: Telephone: ~,-~t. -;~? ?- ~3-0 ? Zip Code: ,~-~,,~,~ Telephone: Zip Code: Location: Section ~.~. Township ~/~ LegalDescription: ~LE,4'SE P-.~'~,.~ 7G' ~x~? Current Zoning: ~OHT ~ ~A~ ~ ~-,,- ~ Reason for Request: ~/- ~ ~ ~ Does this affect densiw? ~fl~ I hereby a~thor~e Agent above to represent me fo;'thiS ~etifion: Signature ofPe~o~ ' Range23' ~r~f7~ Plat Book /7/ Page(s) ,~ ~ ~ - .____~_~ .. {-~ Yes [] NO Date Print Name / (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community. Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) . Attachment "A" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership,.limited partnership or other business entity, indicate the name of principals. List all other owners, i:' ~'~j Date Received: .Attachment "A" PETITION FO I:LM VACATION OF ROAD FOR RIGHT-OF-~VAY Petition #: ~,.'~ ' ?- ' Petitioner: Address: Citw/State: Telephone: Zip Code: Agent: Address: Telephone: City/State: Zip Code: Road Name: lQ.. 't~, ~, /-~O~ ' ~ ~'". O12" x,3~t~eT t~7_ Township ' 4q Location: Section Legal Description: Current Zoning: Reason for Request: Does this affect density.? I hereby authorize~gent above to represent me for this petition: [] Yes [] No Date Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community. Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 O) (2) (3) (4) Attachment "A" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals ....... . ...... List all other o~waers. '~ ":'~"' :' ' '~%' .Attachment "A" PETITION FORM VACATION OF ROA_D FOR RIGHT-OF-'WAY Date Received: Petition #: V~ '~, '?- 30 "7 Address: City/State: 2_oo OC_m N A P ~ .s I----t.,...O~ b:, Or '"~ct I 0 ~ Telephone: Q q I Of ~_~ ~.- O -1 ~ Zip Code: .~ t-I- Iro~ Agent: Address: Telephone: CiD?State: Zip Code: Road.',;ame: ~ P__vl~'- ~'t-~---W- 1"40~Tb4 ~7_~ql-qT OI= Location: Section Legal Description: Current Zoning: ~-,,Xq ~-t'U O~= ~1~"/ Reason for Request: ~-.L=I=-~ 'TO Does this affect density? ['"4t O I herebv authorize Agent above to represent me for this petition: Signature of"Petitioner ¢,c r.=--m-s- A--. Print Name Yes [] No Date (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community. Development & Environmental Services Division Planning Services Department 2800 North glorseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name principals. ...... . . List ali other owners. ' /~.//"~ Atxactxment "A" Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt j~,.~,:.~ ..~ ~_ . Trans Number 162365 10/28/1999 8:42:55 AM 10/28/1999 MS 61662 CYPRESS WOODS ENTERPRISES INC New or Exist: N Payor · CYPRESS WOODS Fee Code Description 12PVAC PETITION TO VACATE Fee Information GL. AccOUnt -Amours{ W~ived - ~ 3;i3890032910000000 $1600.00' Total $1000.00 Payment Code CHECK AccOunt/CheCk Number 374 Memo: Vacation of Easement Check No. 374 Payments Amount $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Cashier/location: FROLOFF E / 1 User: AKERS T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 10/28/1999 8:43:18 AM -Jld -JZ bJ I]" !-' [rz 1877041 OR: 2001 PG: 1869 21/10/~4 ~t 02:08FB DWX~ I. J~, ~U II~: Property ID No. 29730400003 l~{IS INDI~tllIR~, Made this ~ ~1 day of November, 1994, between CYI~ESS WOODS ]ISES, INC., a Florida corporation, a corporation organized and existing under the laws of the State of Florida, Grantor, and J. ROLAND LIEBER, whose social security number is , and whose post office address is 1135 C~ress woods Drive, Naples, Florida, 33942, Grantee, %FI~I~KE~SETH, that said grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said grantor in hand paid Dy said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following descrtk~d land, situate, lying and being in Collier County, Florida, to-wit: Lot 10, of that certain subdivision known as CYPRESS WOODS ESTATF,5, PLAT #2, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier Co%lnty, Florida, in Plat Book 4, page 30. SUBJECT TO real property ad valorem taxes for the current year; zoning, building code and other restrictions imposed by governmental authority; outstanding 6il, gas and mineral interests of record, if any; and restrictions and easements common to the su~tvision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AMD TO It OLD the same in fee simple forever. AND said grantor does hereby covenant with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; and tllat grantor hereby fully warrants the title to said land, and will defend the same ageinst the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1994. IN ~F~ ~HEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. signed, sealed, and delivered in Signature of Witness Printed Name of WitneS~s'#1 Si~nature ~ Witness I~rir~ted N~ of ~l~ess CYPRESS WOODS ENTEttPRISES, INC. A Florida Corporatio~. By: * Naples, Florida 33940 C C '~, D I 8~ I 354 9h JUL i3 AH 9:04 94060036 COLLIER COUNTY RECORDED ~.~T}{IS WA/~d~3%N7~' DEED MADE THE 11774 day of JULY , A.D. 1994 by W. PETTIT AND LEANN MILJUS , HUSBAND AND WIFE IND~hereinafter called the grantor, to TRACEY RICKETTS-CABADA AND JORGE G. CABADA , HUSBAND AND WiFE whose post office address is: _l''~~ hereinafter called grantee: ~L 9 ~ y~ $ WITNESSET~: That the grantor, for and in consideration of the sum of $I0.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,~ ~ releases, conveys and confirms unto the grantee, all that certain iark~ ' situate in COLLIER County, Florida,: ~u __ LOT 36, CYPRESS WOODS ESTATES PLAT #2, ACCORDING TO THE PLAT ~ ~-~ THEREOF, OF RECORD IN PLAT BOOK 4, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNT~, FLORIDA. SUBJECT TO: Taxes for 1994, and subsequent years not yet due and payable. Zoning and Use Restrictions imposed by governmental authorities, and restrictions and easements common to the subdivision. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO }{AVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is' lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, excep~ taxes accruing subsequent to December 31, 1993. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. WITNESSES: MIC/{AEL W. PETTIT PRn~ NA~m ~ ~,,sx..~=_.~ "-'m-"-,~-~_.j lgg(] RfAL..EST, ATE COUNTY OF COLLIER FOLIO/STRAP/PG/ITM NAME/g/ADDRESS LEGAl DESCRIPTION , / .~..LAST SALE D_ATE & AMT_ =~S_ITE ADDRESSI ~~"-/-- / ~F g j 277052000/5 KRASOWSKI, ROBERT S & JAN M BAD AXE 8LK C LOTS 9 · 10 .75000 C g 4A22 1086 MICHIGAN AVE 1~07 PG 265~ / 5 NAPLES FL 34103 3857 Ol/~ .... ~q~ 500 *IMICHI GAN AVE 1086] '2277056000/7 KING, SHAWN M 175000 C 11 4A22 1100 MICHIGAN AVE 2654 / 6 ...... NAPLES FL 3z, 103 3890 06/97 84,000 =[MICHIGAN AVE 1100] 2319 2956 o15 BAD AXE BLK C LOT 11 2277060000/6 FIESELMANt CHRISTOPHER S /175000 C - 12 4A22 GINA E FIESELMAN 2654 / 7 1112 MICHIGAN AVE 04/98 NAPLES FL 34103 3890 2412 2168 .IS*[MICHIGAN AYE lI12] BAD AXE BLK C LOT 12 2277054000/8 175000 C 2654 / 8 I 2/90 1579 500 - LIEBER, d ROLAND 13 4A22 1135 CYPRESS WOODS DR NAPLES FL 34103 3865 85,000 =IMICHIGAN AVE 1124l .15 BAD AXE 8LK C LOT 13 OR 1' PG 500 2277063000/0 1 75000 C 2654 / 9 05/90 1525 569 LIEBER, O ROLAND 14 4A22 1135 CYPRESS WOODS OR NAPLES FL 3~103 3865 89,000 *[MICHIGAN AVE 1136l .15 BAD AXE BLK C LOT 14 OR 1~. PG 569 '2277072000/c) 1 75 O0 0 C 2654 / 10 05/88 1345 2213 BARCOMS, JOANN E 15 eA22 1148 MICHIGAN AVE · NAPLES FL 34103 3890 68,000 *IMICHIGAN AVE 1148] .15 BAD AXE BLK C LOT 15 OR l- PG 2213 1998 REAL ESTATE COUNTY OF COLLIER F CLIO/STRAP/P G/ITM _LAST SALE DATE & AMT NAME/g/ADDRESS *ISITE ADDRESSi 1 2770 76000/1 7500O C 02197 2285 ~21 IVERSON TR, RICHARO H & DORIS UTD 12/17/96 1160 MICHIGAN AVE NAPLES FL 34103 3890 .15*[MICHIGAN AVE 1160! LEGAL DESCRIPTION BAD AXE SUBD BLK C LOT 16 75000 2055 / 1 1 1/97 LATiHER,--KENNETH-J-?.'CATHERINE-BAD AXE--BLK D LOTS 11 + 11 4A22 1103 MICHIGAN AVE NAPLES FL 34103 3891 .t-[ MICHIGAN AVE 1103 ] .31 ....... 12000/6 f2771 0 D 7500 2655 / 2 2016 1852 ALVAREZ-SANTOYO, GUADAL UP E 13 4A22 1127 MICHIGAN AVE NAPLES FL 34103 3891 o0,000 ~1 MICHIGAN- AVE 11271 .15 BAD AXE BLK D LOT 13 OR PG 1852 22771 lb000/8 175000 D .... 2 b5 5 .... /-- '3 -- 11/90 1570 680 / 2771 20000/7 75000 D 265 5 / 4 0 2/94 1909 2333 ELIAS, JOE M lq 4A22 123 FLAME VINE DR .... NAPLES FL 34110 5702 -' [ MICHI GAN AVE 1139 ] .15 KOPREN, WAYNE R & MAE F 15 4A22 1151 MICHIGAN AVE NAPLES FL 34103 3891 80,000 =[MICHIGAN AVE 11511 o31 BAD AXE BLK D LOT 14 OR PG 330 & OR 1570 PG 68 8AD AXE BLK D LOTS 15 + 1909 PG 2333 ~///2 2771 24000/9- 1 75000 E 2655 / 5 07/98 2437 2902 DE-* PIERO, ANTHONY J 1 4A22 1211 MICHIGAN AVE NAPLES FL 34103 3873 80,000 ~[MICHIGAN AVE 12111 BAD AXE 8LK E LOT 1 1/2FT OF LOT 2 1998 REAL ESTATE COUNTY OF COLLIER F DL IO/STRAP/P G/ITM NAME/&/AODRESS LAST SALE DATE r. AMT =[SITE ADDRESS] LEGAL DESCRIPTION J2277128000/1 1 75000 E 2655 / 6 09/97 2349 1298 0 HARRAt MARY LOU 2 qA22 1225 MICHIGAN AVE NAPLES FL 34103 3873 ..... ~IMICHIGAN AVE 12251 BAD AXE BLK E E 22 1/2F LOT 2 + W 42 1/2FT OF L ,,//2 2771 32 000/0 1 75000 E 2655 / 7 06/c~ 1953 417 / 7500O-- E -- 5 4AZ2 1243 MICHIGAN AVE 06~6~55 / 8 1089 1463 SNYDER, KURT S oAu AX= ,.~.~, 3 4A22 1231 MICHIGAN AVE LOT 3, ALL O~ Caf 4, w ......... -N~PL'ES FL 3~103 3873 I/2FT OF LOT 5 OR 1953 69,000 *IMICHtGAN AVE 12311 NAPLES OIMICHIGAN °20 BAD AXE BLK E E 42 1/2 t LOT 5 + W 22 1/2FT OF L' FL 34103 3873 OR 108g PG 1463 AVE 1243l 22771,~0000/1 175000 E 2655 / 9 10/71 420 67 ROCANELLA, EVA 6 4A22 1255 MICHIGAN AVE NAPLES OIMICHIGAN .20 BAD AXE BLK E E 27 1/2F LOT b + W 37 I/2FT OF L FL 3k103 3873 OR 420 PG 67 AVE 12551 '7.84000/1 I75000 F 2656- / 2 05/90 1531 300 PODRAZA, DONALD J & KAY L 1 4A22 405 MIMOSA CT NAPLES FL 34110 6314 *I MICHI GAN AVE 1200 ] .15 BAD AXE 8LK F LOT 1 OR 300 22771 88000/3 175000 F 2656 / 3 PODRAZA, DONALD J & KAY L 2 kA22 405 MIMOSA CT NAPLES FL 34110 6314 BAD AXE BLK F LOT 2 OR 301 199E~ REAL ESTATE COUNTY OF COLLIER FOL IO/STRAP/P G/ITM LAST SALE DATE & AMT NAME/&/ADDRESS ~- I SITE ADDRESS! 05/90 1531 301 =[MICHIGAH AVE 12121 .15 LEGAL DESCRIPTION J 22771 92000/2 175000 F 2656 / 4 12./91 1671 1483 2277196000/4 1 75000 F 265 6 / 5 0 6/97 2326 56 ..~ 2277200000/2 175000 F 265 b / 6 01/85 1115 2106 LANfll~j SALLIE L 3 ~A22 123b C. IGAN AVE °37 BAD AXE 8LK F LOTS 3 2OFT OF LOT 5 POFFENBARGERe TRACEY S 5 4A22 POFFENBARGER~ THOMAS K 1248 MICHIGAN AVE 08,000 NAPLES FL 3~,103 3874 · 19'[ M ICH! GAN AVE 1248 1 BAD AXE BLK F LOTS 5 E 2OFT OF LOT 6 + LES OF LOT 5 WILLIAMS, E KAY 0 qA22 1266 MICHIGAN AVE NAPLES 44,000 *IMICHIGAN BAD AXE LT 7 + w 4OFT OF LT FL 3,~103 3874 PG 2106 -^ ' AVE 1266l I, .-MARY H CYPRESS WOODS ESTATES Pi ~66---.-- ? 4A22 1.1. O_3_C_YPRESS WOODS DR LOT 7 '3526 / 6 ...... NAPLES FL 34103 3865 08/93 'ICYPRESS WOODS OR 1103] 1852 1521 /I 973032000/2 STANLEY, BART D & gilLIE R 62000 .... 8 4A22 1t19 CYPRESS WOODS DR 3526 / 7 NAPLES FL 34103 3865 01/89 36,009 =ICYPRESS WOODS DR lllgl 1407 1220 CYPRESS WOODS ESTATES PI LOT 8 -~--2973036000/4 LIEBER, J ROLAND CYPRESS HOODS ESTATES Pt 1998 REAL ESTATE COUNTY OF COLLIER F aL IO/STRAP/P G/ITM NAME/g/ADDRESS LAST SALE DATE & AMY --~lSITE ADDRESSi '~162600 9 4A22 1135 CYPRESS WOODS DR 3526 '/ 8 NAPLES FL 34103 3865 2/84 112 30 LEGAL DESCRIPT ION LOT 9 F2973040003/3 262600 3526 / 9 I 1/94 2001 1869 LIESER, J ROLAND 10 4A22 1135 CYPRESS WOODS DR NAPLES FL 34103 3865 50,000 ~' [ CYPRE SS WOODS DR llSlJ .31 CYPRESS WOODS ESTATES PL LOT 10 .~ 2973044.000/5 262600 3526 / 10 0 7/94 1970 1191 A973048000/7 262600 / 3526 / 11 O 5192 971 1104 CYPRESS WOODS ENTERPRISES INC 11 4A22 llOC CYPRESS WOODS DR NAPLES FL 34103 3863 ~-[ CYPRESS WOODS OR 12031 °27 HEDRICH, PATRICIA 12 4A22 121g'CYPRESS WOODS DR NAPLES FL 34103 3840 70,000 oICYPRESS WOODS DR 12191 °23 CYPRESS WOODS ESTATES LOT 11 CYPRESS WOODS ESTATES LOT 12 2973052000/6 262600 3525 / 12 05/94 1951 167 V/ -97 o °00/8 26260 O 3§26 / 13 HEDDEN, ARV INA 13 4A22 VERLY S HEDDEN ~ILLARD K HEDDEN 1235 CYPRESS WOODS DR .23NAPLES FL 34103 3840 *I CYPRESS WOODS DR 1235l MANDEVILLE, JOANNE F 1z, 4A22 1251 CYPRESS WOODS DR NAPLES FL 34103 3840 CYPRESS WOODS ESTATES.m ~ LOT 13 CYPRESS wojDs ESTATES PLA LOT 14 /? 1998 REAL ESTATE COUNTY OF COLLIER FOL IO/STRAP/P G/ITH LAST SALE DATE & AHT NAME/&/ADDRESS o[SITE ADDRESS] LEGAL DESCRIPTION __2 9731 20 O0 O/8 262b00 --35Z? ! 14 10/92 1759 1623 0 DONNELL, BRIAN J & LYNETTE J CYPRESS WOODS ESTATES PLA1 33 4A22 1248 CYPRESS WOODS DR LOT 33 HA~L-E-S- FL 34103 3841 94,000 ol CYPRESS WOODS DR 12481 °?.3 -/,297"-/ 31 24 O00/0 / 262 600 /35227 / 15 '" 1 1/77 719 354 GUTKNECHTe BETTY E 34 4A-22 i232 'CYPRESS WOODS DR -' NAPLES FL 34103 3841 *l CYPRESS WOODS DR 12321 CYPRESS WOODS ESTATES PLA1 LOT 34 ............... 097 3128000/'2 6260 0 3527 / 16 5/93 1 822-? .... 2285 ' ' --*SUDD' TR, MARILYN J 35 4A22 UTD 5/6/93 818 S RDSELLE RD SCHAUMBURG IL 60193 3965 oZ3* J, CYPRESS MOODS DR 12161 CYPRESS WOODS ESTATES PLA! LOT 35 2 973132000/1 262600 3527 / 17 07/94 1966 2138 CABADA, TRACEY RICKETTS 36 4A22 JORGE G CABADA 1200 CYPRESS WOODS DR '/4-7,000-NAPLES .......... FL 34103 3841 o27'1 CYPRESS klOODS DR 12001 CYPRESS WOODS ESTATES PLAT LOT 36 / 2973132010/8 262600 "~ '-- 352 ?-- ~--1-8 07/9~ 1970 1191 CYPRESS WOODS ENTERPRISES INC 37 4A22 1100 CYPRESS WOODS DR NAPLES FL 34103 3863 O[ CYPRESS WOODS DR 11481 .23 /~297 3136000/3 35228 / 1 0/94~ 995 1440 SHARP, ANNE ~8--4A'-22--1't-'3-22 CYPRESS WOODS DR- NAPLES FL 34103 3863 6.000 O[ CYPRESS WOODS DR 11321 o31 CYPRESS WOOD ESTATES PLAT LOT 37, LESS W 25FT CYPRESS WOODS ESTATES PLAT LOT 38 AND W 25FY LOT 37-- F aL [O/STRAP/P G/IT M LAST .SALE DATE :: ANT 1998 REAL ESTATE COUNTY OF COLLIER NAME/&/ADDRESS *ISITE ADDRESSl LEGAL OESCRIPT ION /2973140000/Z .......... SCHAEFER, FRANCES D 262600 39 4A22 II16 CYPRESS HOODS DR 528 / 2 NAPLES FL 34103 3863 01/89 36,000 oICYPRESS WOODS DR 1116l I ~0~ 621--- ' 'e2 ) CYPRESS WOODS ESTATES PL LOT 39 ..._ / 2973144000/4 CEELEY TR, GLORIA J "/---.262600 404A22 [TF CAROLE A WHITE TR TAD 12/16/92 3528 / 3 12/931 ........ 1100 £YPRESS HOOOS OR 1890 1873 .23NAPLES FL 34103 3863 #l CYPRESS HOODS DR 11001 A 4410 28000/3 2630 0 - B 8965 / 15- 3/98 2393 3254 HILTON, RONALD D 9 4A22 1047 22ND AVE N - - NAPLES 68,500 ~-'! HOLLYGATE .19 FL 3e103 4839 LN 1105] 4,, o 2o.oo/2 2030 B -' 8965 / 16 04/70 360 454 PEREIRO ET UX, JOSE M 10 4A22 1111 HOLLYGATE LN NAPLES FL 34103 3846 ~l HOLLYGATE LN l l 11 ] .19 CYPRESS WOODS ESTATES PL LOT 40 OAK KNOLL UNIT 1 BLK B L OAK KNOLL UNIT 1 BLK B L OR 360 PG 454 J b441035000/4 526300 8 89b5 / 17 02/71 384 640 8LANCO ET UXe LIDUVJNO L 11 4A22 1141HOLLYGATE LN NAPLES FL 34103 3840 =[HOLLYGATE LN 1141] OAK KNOLL UNIT 1 BLK 8 L OR 384 PG 640 6441040000/3 30 45: o 965 / 18 0/97 12 4A22 32,000 HILTON TR, bONNIE JEAN TAD 6/9/92 321LINDA CIR $ DAYTONA FL 32119 2114 OAK KNOLL UNIT 1 BLK B L 1998 REAL ESTATE COUNTY OF COLLIER F OL IO/STRAP/P G/ITM NAME/&/ADDRESS LAST SALE DATE & AMT oISITE ADDRESSI 2352 168 oi g~l HOLLYGATE LN 11631 LEGAL DESCRIPTION ................... 441042000/9 / 526300 B v 04/98 2410 3294 POTTER, MERRITT OAK KNOLL UNIT 1 BLK B. L 13 4A22 MARGARET ELIZABETH JERGUSON '3898-T~MIAM! TRL'N STE 203 .... 44~000 NAPLES FL 34103 3547 ~RMAYER. GEORGE -~L~Z~I--I~ d'lOL L Y G A T E LN NAPLES FL 34103 3887 000.22 OLLYGATE 04/81 -----gl Z ' '1-244 PARKER ET ALe FRAYDELLE H 15 4A22 1160 HOLLYGATE LN NAPLES FL 3~103 3887 ~[HDLLYGATE LN 1160! o19 ....... 41~52000/6'~ TENTAS, NICHOLAS ~; EFFIE / 526300 B 16 4A22 235 SEAVIEW CT 8966 / 4 MARCO ISLAND FL 34145 3107 11/89~ - 76,000 ~i HOLLYGATE LN 11381 1483 1052 OAK KNOLL UNIT 1 BLK 8 LOT '7 '7 ,--- .~-~ _ , ~ ~- OAK KNOLL UNIT 1 BLK B LOT OR 912 PG 1244 OAK KNOLL UNIT 1 BLK B LOT 1483 PG 1052 ~&44105o000/8 GUYETTE ~ DELORES 526300 B 17 4A22 PO BOX 6831 8966 / 5 LAKELAND 03/77 ~ l HOLLYGATE 722 29 .19 /~410 60 O0 0./7 ' 526300 B FL 33,.q07 6831 LN 1114] HILL III, WILLIAM J & DEBRA A 18 4A22 1100 HOLLYGATE LN OAK KNOLL UNIT 1 BLK B LOT OR 722 PG 29 OCD OAK KNOLL UNIT 1 BLK 8 LOT OR 1381 PG 1812 1998 REAL ESTATE COUNTY OF COLLIER FOLIO/STRAP/P G/ITM NAHE/&/ADDRESS LAST SALE DATE & AMT =[SITE ADDRESSJ 8966 / 6 0 9/88 1381 1812 NAPLES FL 34103 3887 ~l HOLLYGATE LN 11 O0 I LEGAL DESCRIPTION PAR-COUNT $CLASS-AG q7 ...... -0- - SLAND-VAL 1515060 ALL VALUES SUBJECT TO CHANGE UNTIL CERTIF[( $IMP-VAL SMARKET SASSESSED STAXABLE 1771170 3286230 3108896 2330396 Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples. FL 34112 Telephone (AC 941) 774-4434 December 7, 1998 Mr. Wesley Ceeley l 100 Cypress Woods Drive Naples, Florida 34103 PETITION TO VACATE A PORTION OF THE RIGHT-OF-WAY AS INDICATED IN CYPRESS WOODS ESTATES, PLAT #2, PLAT BOOK 4, PAGE 30. SAID RIGHT-OF-WAY FOR AN UNUSED AND UNDEVELOPED PORTION OF 12TH STREET NORTH. Dear Mr. Ceeley: Staffhas reviewed your request for a letter of"No Objection" for the above described project. The vacation is as described in your letter of December 4,. 1998, as listed above. The Sheriff's Office re~Aews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. ty, Florida DH:GY:mc CC: File Sprint December 3, 1998 Mr. Wesley E. Ceeley 1100 Cypress Woods Drive Naples, FL 34103 RE: Petition to Vacate Easements - Cypress Woods Estates SEC 22, TWP 49S, RNG 25E, Naples, FL Dear Mr. Ceeley: Sprint-Florida, Inc. has no objection to your petition to vacate the easements as shown on the attached map in Cypress Woods Estates. If we can be of further assistance, please contact me at 941-263-6223. Sincerely, Marie W. Crosby Network Engineer I - E&C MWC:tu c: Easement File Chron File Attachment To: Karl Reynolds Fire Marshal North Naples Fire Department Mr. Reynolds. I am working on vacating a county' right of way. as shown on Cypress Woods Estates Plat #2 in Plat book 4 page 30. Attached is a copy of the Collier County. Tax Assessment map. outlining this right of way. If you have no objection to this. please sign at the bottom and mail it back to me as soon as you can. I£it is easier for you I can come by to pick it up. Thank You so much for your time, Wesley E. Ceele> 1100 Cypress Woods Drive Naples FI. 34103 261-3190 l (print name) ~'/~L/ ~---...ffq~,//t~ , have no objection to vacating the portions of l? outlined in this'letter and shovd~:~n th[ attached Assessment map. Signe~ Date //-~,~O 1998 COLLIER COUNTY GO NT TRANSPORTATION DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (941) 774-8494 FAX (941) 774-5375 A CERTIFIED BLUE CHIP COM*IL'NITY November 30, 1998 Mr. Wesley E. Ceeley 1100 Cypress Woods Drive Naples, FL 34103 SUBJECT: Cypress Woods Estates Dear Mr. Ceeley: This is in follow-up to your inquiry regarding above subject. The Transportation Services Department has no objection to vacating right-of-way, as shown on Cypress Woods Estates Plat 2, Plat Book 4, Page 30. Should you have any questions, please feel free to contact our office at 774-8494. Edward JC'K,.anL P.E. Transpor[a~0n Secvices Director EJK/im/Ltr W..'Ceeley.doc cc: File COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION November 19, 1998 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Mr. Wesley E. Ceeley 1100 Cypress Woods Drive Naples, FL 34103 Re' Portion of the County Right-of-Way Cypress Woods Estates, Plat #2 (,along 12~h btreet North) Dear_Mr. Ceeley: This office has reviewed your request to vacate the above-referenced portion of the County' right-of- way. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the County right-of-way. Should you have any further questions, please feel free to contact me. Sincerely, Cindy ~~'r '~"~ Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Rick Grigg, Land Surveyor, Community Development /'7 MediaOne'" This is Broadband. This is the way. P.O. Box 413018 Naples, FL 34101 Telephone: 941-793-3801 FAX: 941-992-1289 December 17, 1999 Wesley Ceeley 1100 Cypress Woods Dr. Naples, FI. 34103 Vacation of a portion of Second Avenue, a continuation of Twelfth St. North within the Cypress Woods Estates subdivision Plat # 2 as recorded in Plat Book 4 page 30 of the public records of Collier County, Flodda. Dear Mr. Ceeley, MediaOne® has no objection to the vacation of the above referenced right-of-way. If you have any questions or require assistance of any kind, please do not hesitate to call me at 732-3801 Sincerely, Gene Howell Construction Manager MediaOne Naples To:John H. Boldt. P.S.M..P.E. Director Collier CounD Stormwater Management Mr. Boldt, I am working on vacating a count).' right of way, as shown on Cypress Woods Estates Plat #2 in Plat book 4 page 30. Attached is a copy of the Collier County Tax Assessment map, outlining this right of way. lfyou have no objection to this, please sign at the bottom and mail it back to me as soon as you can. If it is easier for you 1 can come by to pick it up. Thank You so much for your tim( Wesley E. Ceeley 1100 Cypress Woods Drive Naples Fl. 34103 261-3190 outlined in this letter and shown on the attached Assessment map. Work Order No. N/A Sec.22, Twp 49 S, Rge 25 E Parcel I.D. # (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 2/92 EASEMENT This Instrument Prepared By J.W. White FLORIDA POWER & LIGHT COMPANY 4105 SW 15 AV Naples, FL 34116 OR: 2593 PG: 3278 The undersigned, in consideration of thepayment of $1.00 and other good and valuable consideration, the adequacy and.receipt of which is hereby acknowledged, grant andglve to Florida Power & Light Company, its licens, ees, agents, s. uccessors, an(~ assigns, an easement forever for the construction, operation and maintenance of overhead an(3 undergrouno electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the dght to reconstruct, improve, addto, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: An FPL Company easement more particularly described on Exhibit A attached hereto and made a part hereof. Said easement prepared by Together with the dght to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the dght to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep tdmmed and cut all dead weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the dghts hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining o,r through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on (~ I t ~ , 19~l~ ('Grant0r's signature) Signed, sealed and delivered in the Dresence of:. ) / ~ '('Witness' Signature) Print Name ~. -, 7; ~' ' ~ (W tness) Print Name (Witness' Signature) (Witness) Print Name: {"'~ ~ C~ ",~ Attest: (Grantor's signature) Print Name: Print Address: (Corporate Seal) STATE OF /~/l~/f7 AND COUNTY OF methis J(,~.~ dayof~,19'~.by "~'~¥ ~,~- ~~ ,and respectively the President and Secreta~ o~' a corporation, on behalf of said corporation, who ar~to me or have produc~ identification, and who did (did not) take an oath. My Commission ~pires: (Type of Identification. ~ NofaW P~lic,~igCature Print.Name ~ Commission · · The foregoing instrument was acknowledged before Work Order No. N/A Sec.22, Twp 49 S, Rge 25 E Parcel I.D. # (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 2/92 EASEMENT This Instrument Prepared By J.W. White FLORIDA POWER & LIGHT COMPANY 4105 SW 15 AV Naples, FL 34116 OR: 2593 PG: 3279 ? ? ? ? ? ? ?R i i~ C~urt The undersigned, in consideration of thepayment of $1.00 and other good and valu.a, bl,e. consideration .the adequacy and.receipt of which is hereby acknowledged, grant andgwe to Florida Power & Light Company,.its I!cens. ees, .agents, s. uccessors, eno assigns, an easement forever for the construction, operation and maintenance of overneao ana unnergrouna electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, addto, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: An FPL Company easement more particularly described on Exhibit A attached hereto and made a part hereof. Said easement prepared by Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the dght to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or h~ghways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on _ ~///._'_'_~ , 19 ~ Signed, sealed and delivered in the presence of:. (Witness' Signature) (Witness) (Witness' Signature) (Witness) [, ') (Grantor's signature) p rint'~Nam¥ ..>. Print Address: Attest: Print Name: (Grantor's signature) Print Address: (Corporate Seal) STATE OF FLOt-~/J/-~ AND COUNTY OF methis /<3'r/+dayof ~J'E/°TE-¢~-,~lg~, by ~ respectively the President and Secretary of a corporation, on behalf of said corporation, who are p~ersonall¥ known to me or have produced identification, and who did (did not) take an oath. My Commission Expires: · The foregoing instrument was acknowledged before //E.4~E',~-- , and (Type of Identification) Nofa~ Public, Signature Print Name ~-'~/~-~ (V/V ~' /~'/4~,_~ ~_. Commission # (/¢/ ~'~,~.~-/z/- as Work Order No. N/A Sec.22, Twp 49 S, Rge 25 E Parcel I.D. # (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 2/92 EASEMENT This Instrument Prepared By J.W. White FLORIDA POWER & LIGHT COMPANY 4105 SW 15 AV Naples, FL 34116 ? ? ? ? ? ? ? The undersigned, in consideration of the payment of ,$1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant andgive to Florida Power & Light Company its licensees, agents, successors, and assfgns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, addto, enlarge, change the voltage, as well as the size of and remove such facilities or any of them within an easement __10 feet in w dth described as follows: An FPL Company easement more particularly described on Exhibit A attached hereto and made a part hereof. Said easement prepared by Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining 9r through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 19~ Signed, se.~'d and in the pr.~'ence ~ ~ (~Si~ln~t,~re) ,.. (Witness~ (Witness) Print Name: C,'z",z:>~g:,.?.g Print Address: ~ - (G~nto~s signature) Print Name: ~ ~E'~ ~%~T¢~P~/~ ~¢ ~ ~. Print Address: (Corporate Seal) STATE OF~,)/(Z/(~4CCb/,TAND COUNTY me this/~ ~ day ~ ~/~ . 19¢~, by / , and respectively the ~ Pre~e~t and Secreta~ of a corporation, on behalf of said corporation, who are personally known to me or have produced identification, and who did (did not) take an oath. My Commission Expires: (Type of Identification)~ ~t~u~c,-S~n~e ~ ~, ~res May ~9, 2~ Commission ~ ¢0 -~~ / ., The foregoing instrument was acknowledged before as 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 September 29, 1999 Mr. Wesley E. Ceeley 1100 Cypress Woods Drive Naples, FI., 34103 Re: Vacation of Right-of-Way 12"` Street North, between Lots 10 & 11 anCl lots 36 & 37 Cypress woods Estates Plat #2 In Plat Book 4 Page 30, Dear Mr. Ceeley, Florida Power & Light has received the recorded easements required in the above- described 12"' Street North Right of Way. Florida Power & Light has no objection to the vacation of the right-of way subject to the easements recorded 9/22/99. If I may be of further assistance, please call me at 353-6007. Sin,~ely, v · Construction Services a~l FPL Group ~ To Ronald F. Nino. AICP Current Planning Manager Collier County. Planning Services Mr. Nino, I am working on vacating a coun~ right of way, as shown on Cypress Woods Estates Plat #2 in Plat book 4 page 30. Attached is a copy of the Collier County Tax Assessment map, outlining this right of way. If you have no objection to this, please sign at the bottom and mail it back to me as soon as you can. If it is easier for you 1 can come by to pick it up. Thank You so much for your time, Wesley E. Ceeley 1100 Cypress Woods Drive Naples FI. 34103 261-3190 I (print na ~"~ q- ~ /M~% , have no objection to vacating the portions of 12th outlined in th~hoWn on the attached Assessment map. Signed Date ["2,. \~'"~- ~ 1998 To John R. Houldsworth Senior Engineer Collier Count2,.' Engineering Review Services Mr. Houldsworth ~ I am working on vacating a count>' right of way, as shown on Cypress Woods Estates Plat #2 in Plat book 4 page 30. Attached is a cop3' of the Collier County Tax Assessment map, outlining this right of way. If you have no objection to this, please sign at the bottom and mail it back to me as soon as you can. If it is easier for you 1 can come by to pick it up. Thank You so much for your time, Wesley,, E'7. Ceelev~~ 1100 Cypress Woods Drive Naples Fl. 34103 261-3190 I (print name) -~'O ~ I~ft,~,.~::~ll3{~V'M/'k ,have no objection to vacating the portions of 12m outlined in this letter and shown on the attached Assessment map. Signed ~)~ Date ( ~ ~[ "-'- 1998 MediaOne- This is Broadband. This is the way. P.O. Box 413018 Naples, FL 34101 Telephone: 941-793-9600 FAX: 941-793-1317 Wesley Ceeley 1100 Cypress Woods Dr. Naples, FI. 34103 Re: Vacation of a portion of Second Avenue, a continuation of Twelfth St. North within the Cypress Woods Estates subdivision Plat # 2 as recorded in Plat Book 4 page 30 of the public records of Collier County, Flodda. Dear Mr. Ceeley, MediaOne® has existing facilities attached to Flodda Power and Light utility poles within the area described in the above Right-of-Way vacation petition. If two public utility easements of 10 feet in width and 60 feet in length were to be added to the Right-of-Way to allow a continuation of the present public utility easement that runs along the rear of lots 10 and 11, and along the rear of lots 36 and 37 to allow ingress/egress for the maintenance of MediaOne's® existing facilities, MediaOne® would have no objection to the vacation of the remainder of the above described Right-of-Way. If you have any questions or require assistance of any kind, please do not hesitate to call me at 732-3803. Sincerely, William A. Rutt Design Supervisor MediaOne Naples wrutt@mediaone.com ~TFEET NORTH ,,,~ ®~ STREET lOTH L '~'~,CRIP TION: ,-? ·VACATION 0F RIGHT OF WAY 12th STREET SKETCH OF VACATION OF 12th STREET RIGHT OF WAY SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA CYPRESS WOODS ESTATES PLAT #2 PLAT BOOK 4, PAGE .30 60.00' S89'51 '30"E LEGAL LOT 10 'o 'o Z N89'51 '30"W 60.00' -" CYPRESS ~FOODS DRIVE .. ..- 60' RIGHT OF WAY 60.00' S89'51 '30"E. P.O.B.i o LOT 36 LOT 37 o 0 0 Z THIS IS NOT A SURVEY. -"' P.O.B. DENOTES PC~NT OF' BEGINNING ,. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE OF ~.~'?~1', NO'E i ,; ;:tO. o0,:' ' ' ;E "= ' ': %,,,, .~T,'7 ' , , *** OR: 2593 PG: 3283 *** · d.-,.. ,.:. ...' 'CAROL E. NELSON, P.A. ' PROI~-qRIONAL ~ 8UR~YOR '"-"~" 1~08 RIDGE ~T ~ · , ~, ~A ~ms sc~ "-"o' I [D--..~: [s~ DA~: D~. 1998 JOB NO. 9842~ C~VAC 1 OF 1 CYPRESS WOODS ES FA 7'ES PL ,4 ? * ,~,{ ,4 PPRO VA L FILING RECORD .",: ;;;% 5£.~.',.' :', ..'"z%~ I.':: %'.."%:;, ":'. ~,;5:t ". 5,:,"ri." CERTIFICATE OF ~URVEY EXECUTIVE SUMMARY PETITION VAC 99-018 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A ROAD RIGHT OF WAY EASEMENT LOCATED WITHIN THE WHIPPOORWILL WOODS PUD WHICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 650, PAGE 1643 AND O.R. BOOK 947, PAGE 1940, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described road right of way easement. CONSIDERATIONS: Petition VAC 99-018 has been received by Planning Services from Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., as agent for the petitioner, Prime Residential, LLC, requesting the vacation of the above-described Road Right of Way Easement. The easement is not necessary for access to the Whippoorwill Woods PUD and the easement is located in an area that has been designated as a preserve area in the PUD master plan. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99-018 for the vacation of the above-described Road Right of Way easement; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY:3 {'!~ k--! REVIEWED BY: REVIEWED BY: APPROVED BY: John R. Houldsworth, Senior Engineer Engineering Review Services Thomas E. Kuck, P.E., Engineering Review Manager obert,Mulhere, AICP Pla!~hgi,, Services Depa?tment Director V~ncent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE: DATE: DATE: ~-~ DATE: .--~'- c,)~ O' o 1 2 3 4 5 6 7 8 9 10 11 12 !3 14 15 16 17 1S 19 24 25 25 29 35 37 38 39 40 41 RESOLUTION NO. 2000- RESOLUTION FOR PETITION VAC 99-0!$ TO DISCLAIM. RENOL.~CE AND VACATE THE COL.'N-I-Y'S AND THE PUBLIC'S INTEREST IN A ROAD RIGHT OF WAY EASEMENT LOCATED WITHIN THE WHIPPOORWILL WOODS PUD WHICH WAS CONY"EYED TO THE COL~'TY BY O.R. BOOK 650. PAGE 16-'3 ANT) O.R. BOOK 947. PAGE 1940. PU]3LIC RECORDS OF COLLIER COLqN~ FLORIDA, LOCATED IN SECTION l S, TO",¥~WSHIP 49 SOUTH, I:L~XNGE 26 EAST. WHEREAS. pursuant to Sections 336.09 and 336.10. Florida Statutes. Wa>me Arnold, A1CP, of Q. Grady Minor & :A. ssociates, P.A.. as agent for the petitioner, Prime Residential. LLC, does hereby request the xacation of the Road Right of Way easement conveyed to the Count' by O.R. Book 650. Page 1643 and O.R Book 947, Page 1940, Public Records of Collier Count'. Florida. Located in Section 18, To~mship 49 Sou&, Range 26 Eas~: and X~E~AS. the Boar~ has thcs day held a public hearing to consider vazating said Road R~ght of Way easemem as more ~tly described below, and notice of said pa5hc hearing to vacate was gwen as required b> lass. and X~E~AS. the grannng of ~he vacation ~ill not ad',ersely affect the o'.t~ersh~p or right off con', ement access of other prope~: owners. NOW, THEREFORE. BE IT RESOLVED BY THE BOA~ OF COLW~' COMMISSIONERS OF COLLIER COL~TY. FLORIDA. that the foilost ing road right of st ay easement ~s hereb5 See Exh:b~: "A" at~ache~ hereto and inco~ora:ed here:ri. BE IT FL~THER RESOLVED. ~at ~e Clerk to the Board is hereby directed ro advemse the Resolunon once in a paper of ~enera! circulation in the CourtU '.t ithin 30 dab s folio'a cng its adop:mn Resohl:iOn. the pr-of ofp~bhcat:en of the notice of pub',cc heanng and ~he prc,,,f of Fu'vlicanon of this Re,,0luti<n :n the Of:5c~:i Record: of Collier Co,mt',. FZ. rida Resoluuon adop:e2 al:er morion, second and majonq. ', ore fa'. cnng ~ame. DATED: ATTEST: BO-kRD OF COUNTY COMMISSI~ :NEE> DWIGHTE BROtK. Clerk (OLLIERCOL%'TY. FLORIDA Approved as !o fo.-rn and legal sufficiency: Ma~i Slu~ ..... Assistant Counp/A~omey T!MOTHYJ CON$iANTINE~ Chai*:an Exhibit "A" '~ Sheet I of 1 ~ t~ v^c ~-o~ ~ ,,~v,.~ ~.~o r~.~ ~41o4oo~u~ ~,,~ COLLIER CO COMMUNITy pEv ~006 Attachment "A' PETITION FORM FOR VACATION OF ROAD RIGHT-OF-WAY Date Received: Peti.on #:_V/:;' C:: Pefi~oner: Prime Residential, LLC Addr~s: 77 West Wacker Drive, Suite 4200 City/State: Chicago, IL Telephone:(312 ) 917-8872 Zip Code: 60601 Agent: D. Wayne Arnold: AICP Address: 3800 Via Del Rey Clty/$~te: Bonita Springs.~ ..FL Telephone: (941) 947-1144 Zip Code: 34134 Road Name: N/A Unimproved access easement Location; Section 18 Township 49S Range Legal Description: See attached Exhibit "A" 2 6E Plat Book Page(s). Current Zoning: PUD Reason for Request: Easement is Does this affect density?, No I h;reby authorize Agen~-abo~e to 'rep_~esent me for tl~'s petition: Signature of Petition, ,r entirely within Whippoorwill W~ods PUD and provides, no road connection· [] Yes [] No Date Michael E. Nortman Assistant Vice President Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for tlie list of supportive materials which ~mst accompany this petition, and deliver or mail to: Community I ~evelopment & Environmental Services Division Planning Services Depar~nent 2800 North Borseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "A" Page 4 of 4 If appUcant is a land ! rust, indicate the name of beneficiaries, If applicant is n corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a perth ~rship, limited partnership or other business entity, indicate the name of principals. List all other owners. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ,//..~ . ~ . --~ Trans Number Date 162947 Post Date Payment Slip Nbr 11/1/99 12:09:22 PM 11/1/99 MS 61803 Q. GRADY MINOR & ASSOC. New or Exist: N Payor · Q GRADY Fee Information Fee Code Description GL Account Amount wai"~ - 12PYAc- -~51~TI-TION-TO VACATE -- 11313890032~'~00060~)--- ---$1~00.00 Total $1 Payments Payment Code .A~c°unt/CheCk Numbe~ - - ~n~'oun{- CHECK 6369 $1000.00 Total Cash Total Non-Cash $o.00 $1000.00 Total Paid $1000.00 Memo: Vacation ROW VAC-99-018 Check #6369 Cashier/location: GARRETT S / 1 User: DVORAK M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 11/!/99,12:09:46 P..M-,. Q GRADY MINOR 941 94? 03?5 I~ROM : ~SO0]~_ETTE · t' 'F~l~$ WAJ~I~.N~rY I~EED, i5 ma~e lois ~ day of D~mber, ~ 999. bc~n ~l~ L, ~OO~ ~n~, bm~t.~ ~d sold ~ ~e said ~ntc~ and ~mees' ~ccess~ and ass/~s ~o~v~, the follo~n~ d~ ~, simaMd, ]~.g ~d being iff CoIli~ C~n~, PlOds, ~ ~t: The North */~ of the South '/~ of the Northeast 1/4 of tO,Southeast 1/4 ]~e land ~k~ for the life.ate · 79 ~ght of ~y I, Final ~ud~enl reco~ed fa O.~ Book 8~8. Page 1 ! 98. of Section I g. T~shfp 49 The South ~ of the North % of the Southeast ] M of fha Southeast 1/4 less land taken for the 7~ ~ght of way In Final Judgment ~co~fd In O.~ Book 8~8. Page ] I~S. of See6on 18, To~shlp 49 South. RIn~ 26 East, Carrier Cou,~, ~orida ~n,el ~ NO. 002862400093 From 1ha Sout~ea~ ~er of Section 18~ T~shfp d9 South. Rn ~ge 26 gaff. Collier Count. ~orrd n. West 970.29 feet to the Point of Beginning; thence ~O~h B9 flegr~ 6 mlflat~ 47 .eomda W~t 19 seconds Eagt 976.54 feet; th~ce loath 0 degre~ ~9 minu~es 47 ~crond~ East ~79.6~ Feet lQ the Point Of B~;nnl~ ~a~el I~ ~o. 00286200D0~ The West ~ of the ~oufhemst T/4 of thc Southeast U4 of the Southeast ]/4, Section ] ~, T~shtp 49 ~outh. ~ango 26 E~I~ ~ollter ~o.n~. ~orfdn (Parcel ~ No. 00286000002) ~hc West % of (he ~oueh % of fha Southeast U4 of the ~outheas( H4, ~eeflon J 8, Township 49 So,th, ~nge 26 Etf~ ~olller ~oun~, ~orfda (P0rcer ~ ~o. The South ~ of the ~uthwfft ~/4 of tho ~outhea~ I/4. ~eetfofl IS, T~fl,h(p 49 ~oueh, ~ange 2~ ~orrJ~ ~oun~, ~orHm (Parcel ~ ~o. TO~E~E, ~ ~AT ~RT~ EASE~ RECO~ED ~ O.R. BOOK ~735. PACE MO~ P~UC~A~Y DESCRIBED ~ FOLLO~: The North 30 feet orthe South 85 feet of the West 8S fret of the Sou/h bat[of the South half of the Southwest vi.ts reef o [Section ! N, Tow~Jship 48 South, Binge :26 EosI, Collier County, Florida Tile North 30 feet of thc South ?0 feel of tile South haft or tile .qoufh hail'of/ha $oolhwelt ~CE~ the W~t 55 feet the~f Thc North 40 feet of/he South SS Feet of the West 15 feet of the South ]~alfoftha South F/alto[ ~orfda ~ Deed HOO~r lO P~ rv PaGe No. 1 ] ntt ef~]mrlme/h oovd eeo. w~d Q GRADY MINOR 941 94Y 03Y5 02/09 '00 15:51 N0.299 03 SU~3J~I~-CT TO: ('~) TCal propeTty md ~i~m ~x~ ~cc~n~ s~bscquc~ to December nor il {t c~g~ous ~c~. WILLIAIVI L. HOOVER, Individually stnd ns Ts~stee of the W~-~PPOOR~L WOODS L~d~4D TRUST d#te~ 1/20/98 and amended STATE O~ FLOR/DA ~ 01~ COLLI~R n ~ 'The irmgelng Warranty Dccd wsl ac~ow/cdgcd befo~ ~e on ~ht~ day nfD~ber 1999, ~ ~L~ PICRSOr~ALLY K~OM~ -- OR PRODUCE. I) Kev*n G1 Coleman, Em®ire 4~1 Tamlaml TraU No~h, ~ulte 300 Naples, FL 34103 Q GRADY MINOR 941 947 03F5 :~O~TT~, 00~EM~N ~4~ 4~ 1~1~ 02/09 '00 15'51 NO. 299 04 '" 25f-"'35 OR: 2619 PG: 1868 ]Z/0~/1SSS ~ OB:I~A~ 011G~T I. B~C~, CLSI~ ~gc ~J ~DC-.?O ~OD~I ~LIKAW It AL PllrcrV Ir) ~lumberl O02861GO007 Warranty Deed 7 Thin lndcnhtre, Mfldethi, [~b,J-- d:V or ~~~ , 2999 A.D., Be~ccn ~R ~V. ~.~.~., an Xndiana 1LmiCe~ ~&nbill~7 c~any ,~o,8 ,ds~, ~s: 77 W. Wacker Drive, Suite 4200, Chica~, X~ ~0~0~ or m= ~u.~ of , s,,~ of Chica~0 , ~antee. The No=Ch ~/2 of =he E~hw~eu 1/4 of the SoUtheast 1/4 ~rantor warrants that the above-described land is not her homestead, nor the residence of an~ member of her f~m~y, no= is it cont~OUa gover~men~a~ authority, outs~and~n~ o~, ~a~, and mLne~ · ~are~B o~ ~e~ord, ~ ~nT, a~d ~est~c~onB and ea~me~ common ~o 1999. sealed snd delive~d in our presence: STATE OF Florida COLFINT~ OF Collier ~,ion "-F I z bJ X .+ DO NOT DETA( ;H ION 0(3 On,,' o x ' .5 DO NOT DETA(:H DO NOT DETA(;H ~ ~ ~ m m .z -- ~ ~ ~ m m .z ~" . . . , · . · · ~ ~ ~ ~ 0 ~ ~ o~ ~ ~ o~ z~z ~ ~ HOVI3Q ION OO - + HOV130 ION Qo d- --+- DO NOT DETACH ~<m ~ X ~0~ · v >--Z n.J~. HO¥.L3C] J. ON O0 + DO NOT DETAI:H ZZ r~- W OZ Z r-1 ~-z HOV.L30 J. ON OC) + Q GRAPY MINOR 941 947 0375 11/19 '99 11'42 N0.960 02/02 Q, GRAD¥ MINOR, P.E. C, DEAN SMITI'-L P.E. DAVID W, SCHMITT, Iv.E, MICHAEL J, DELATE, P.E. October 4, 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil ErtgSJ~.eers · Land Su~'eyors ' Planners D. WAYN'E ARNOLD, ROBERT W. TMINN'E5, EJ'e, JC ~d THOMAS CJ4.~RNE~I<Y, Al. AN v, ROSEMAN Mr. Karl Reynolds North Naples Fire Department 1441 P/ne Ridge Road Naples, FL 34109 Vacation of 30' Public Road Right-of-Way Easement,. Section I8. Town.ship ,~9 South, Range 26 East Dear Mr. Reynolds: Please find attached a copy of a location map and sketch and legal description of fl~e existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located withir~ the boundaries of the Wh/ppoorwill Woods PUD and is not necessary for access to surrounding properties. Properties located to the south of the subject parcel are prdvided legal access from Livingston Road and Whippoorwill Lane. As part of the PUD developmem commitments, access to the Whjppoorw/]l Woods PUD will be fTom W'hippoorwill Lane which will be improved to County standards. If vou have ,ny questions, please call me. Otherwise, please sign the no objection to vacate statemenl below and return to me. Sincerely, Director of Planning have n.o objection to the proposed vacation. F;WWVACATION Date: (947) 947-1~44 · FAX (941) 947-0375 · E-Mail: QGMA@aol,com 3800 Via Del Rey · BollJta Springs, Florida 34134 /Z MediaOne- Thi~ is Broadband. Thi~ is thc way. 301 Tower Road Naples, FL 34113 Collier: 941-732-3834 Lee: 941-432-1801 FAX: 941 .-992-1289 October 6, 1999 D. Wayne Arnold Q Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Re: Vacation 30' Public Road Right of Way Easement, Section 18, Township 49 South, Range 26 East, as specified in legal description attached to letter from D. Wayne Arnold, dated 10/4/99. Dear Mr. Arnold: MediaOneE) has no objection to the vacation of public Right of Way to the referenced location. above If I can be of any additional information regarding this project, please do not hesitate to call me. Sincerely, Gene Howell, Construction Manager EH~h Q. GRAD'~ MINOR, P.E. \I.ARKW MINOR, P.E. C. DEAN SMtTH, P.E. DAVID ~X'. SCHMITT, P.E. MICHAEL ]. DELATE, P.E. October 4. 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ,ARNOLD, .A.I.C ROBERT W. THINNES, A.IC, ERIC V. SANDOVAL, P,S.*. THOMAS CHERNESKY, P.S. ALAN V. ROSEMAN Mr. Greg Winland Sprint Telephone P.O. Box 2469 Naples. FL 34106 Vacation of 30' Public Road Right-oi:Way Easement. Section 18. Township 49 South. Range 26 East Dear Mr. Winland: Please find attached a copy of a location map and sketch and legal description of the existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located within the boundaries of the Whippoorwill Woods PUD and is not necessary for access to surrounding properties. Properties located to the south of the subject parcel are provided legal access fi'om LMngston Road and Whippoorwill Lane. As part of the PUD development commitments, access to the Whippoorwill Woods PUD will be from Whippoorwill Lane which will be improved to County standards. If you have any questions, please call me. Otherwise. please sign the no objection to vacate statement belo\~' and return to me. Sincerely. D. Wayne Arnold. AICP Director of Planning I have no objection to the proposed vacation. Greg Winlhr~d -- Date: F:\~ \k V;\(-VI I()N (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, I~lorida 34134 ~ GR~D~ MINOR, P.E, MARl4 W. MINOR, P.E. C DEAN ~MITH, P.E DAVID W. SCHM1TT, PE MICHAEL1 DELATE, PE October 4. 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, &.IC P ROBERT W THINXES, A.I ERIC V. SANDOVAL, P.S %I. THOMAS CHERNESKh , P.S.M. ALANV ROSEMAN Mr. Jeff Gratton. Engineer FPL 4105 15th Avenue SW Naples. FL 34116 Vacation orS0' Public Road Kigl~t-of-Way Easement. Section 18. Township 49 South. Range 26 East Dear Mr. Gratlon: Please find attached a copy of a location map and sketch and legal description of the existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located within the boundaries of the Whippoorwill Woods PUD and is not necessary for access to surrounding properties. Properties located to the south of the subject parcel are provided legal access from Livingston Road and Whippoorwill Lane. As part of the PUD development commitments, access to the Whippoorwill Woods PUD will be from Whippoorwill Lane which will be improx ed to County standards. If you have any questions, please call me. Othervvise. please sign the no objection to vacate statement below and return to me. Sincerely. D. Wayne Arnold. AICP Director of Planning have no objection to the proposed vacation. Date: (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Re)' · Bonita Springs, Florida 34134 I0- FPL ;i :~ P,-,,c.:r&Lig!uC:ornpany, P.O Box1119, Sarasota, FL 34230-1119 Mark Byers West Area Real Estate Tele: (941) 316-6288 Fax: (941) 316-6226 September 13, 1999 D. Wayne Arnold. AICP Q. Grad>, Minor & Associates, P.A. 3800 Via Del Rex' Bonita Springs. FL 34134 Re: Vacation of 30' Public Road Right-of-Way Easement, Section 18, Township 49 South. Range 26 East Dear Mr. Arnold: Per our phone conversation, the vacation of this particular road right-of-way does not impact our existing facilities or easements. Therefore. Chuck Mathy's. West Area Real Estate Manager. has signed off on the "no objection to vacate statement" on behalf of FPL. If you require any assistance, please do not hesitate to call. Thank you. Sincerely, Mark L. Byers Sr. Right-of-Way Representative Cc: Geoff Gratton an FPL Group company ~ GRAD', MINOR, P.E. MARK IX;. MINOR, P.E. C. DEAN SMITH, P.E DAVID Ix. SCHMITT, MICHAEL I. DELATE, P.E October 4. 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, AIC.P ROBERT \X TH1NNES qIC P ERIC V. SANDOVAL.. P SM THOMAS CHERNESK~, P S M ALAN \,' ROSEMAN Mr. John Boldt? Director Collier County Water Management Department Building H/3 3301 East Tamiami Trail Naples, FL 34112 RE' Vacation of 30' Public Road Right-of-Way Easement. Section 18. Township 49 South. Range 26 East Dear Mr. Boldt: Please find attached a copy of a location and sketch and legal description of the existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located within the boundaries of the Whippoorwill Woods PUD and is not necessary for access to surrounding properties. Properties located to the south of the subject parcel are provided legal access from Livingston Road and Whippoorwill Lane. As part of the PUD development comnmments, access to the Whippoorwill Woods PUD will be fronq Whippoorwill Lane which will be improved to County standards. If you have any questions, please call me. Otherwise, please sign the no objection to vacate statement below and return to me. Sincerely. D. Wayne Arnold. A!CP Director of Planning I have no objection to the proposed vacation. John Boldt. pirector I \\ \VV \(',\I'I()N Date: (941) 947-1144 · FAX (941) 947-0375 · E-IX4ail: QGMA@aol.com 3800. Via Del Rey · Bonita Springs, Florida 34134 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK \~ MINOR, P.E. C DEAN SMITH, P.E. DAVID \x' SCHMIT-I, P.E. MICHAEL I DELATE. P.E. October 4, 1999 Mr. Ed\yard J. Kant, P.E. Transportation Services Director Collier County Department of Transportation Building G 3301 East Tamiami Trafl l~apies. FL .541 i2 D. WAYNE ARNOLD, AI C, ROBERT W. THINNES, A I.Ct. ERIC V. SANDOVAL, PSM THOMAS CHERNESK'~, P.SM ALAN V. ROSEMAN Vacation of 30' Public Road Right-of-Way Easement, Section 18, Township 49 South. Range 26 East Dear Mr. Kant: Please find attached a copy of a location map and sketch and legal description of the existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located within the boundaries of the Whippoorwill Woods PUD and is not necessary for access to surrounding properties. Properties located to the south of the subject parcel are provided legal access from Livingston Road and Whippoorwill Lane. As part of the PUD development commitments, access to the Whippoorwill Woods PUD will be from Whippoorwill Lane which will be improved to County standards. If you have any questions, please call me. Othem'ise. please sign the no objection to vacate statement below and return to me. Sincerely. D. Wayne Arn61d. AICP Director of Planning I have no objections_to th~proposed vacation. f/ Date: Ed\yard J. Kant. P.Ei (941) 947-1144 · FAX (941) 947-0375 · E-lMail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 /? ~ GRAD~, MINOR PE M-XRK V~. MINOR. P.E C. DEAN SMITH, P.E DAVID W. 5CHMITT, P.E. MICHAEL I. DELATE, P.E. October 4, 1999 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ,ARNOLD. A.I.C.P ROBERT W. THINNES, A.I.C ERIC V. SANDOVAL, PS.M THOMAS CHERNESKh, P.S VI ALAN V. ROSEMAN Mr. Steve Seal, P.E. Collier County Development Services 2800 North Horseshoe Drive Naples. FL 34112 RE: Vacation of 30' Public Road Right-of-Way Easement, Section 18, Township 49 South. Range 26 East Dear Mr. Seal' Please find attached a copy of a location map and sketch and legal description of the existing 30' public road right-of-way easement proposed to be vacated. The unimproved easement is entirely located within the boundaries of the Whippoorwill Woods PUD and is not necessary for access ~o smzounding properties. Properties located to the south of the subject parcel are provided legal access from Livingston Road and Whippoorwill Lane. As part of the PUD development commitments, access to the Whippoorwill \Voods PUD will be from Whippoorwill Lane which will be improved to County standards. If you have any questions, please call me. Otherwise. please sign the no objection to vacate statement below and return to me. Sincereh'. ~ D. Wayne Arnold. AICP Director of Plmming I have no objection to the proposed vacation. Steve Seal, P.E. Date: t '~VWV,,\( ,\TION (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rev · Bonita Springs, Florida 34134 COLLIER COUNTY GOVERNMENT PUBLIC \VORKS DIVISION October 1.4, 1999 Mr. D. Wayne Amotd, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Vacation of 30'Public Road Right-of-Way Easement Dear Mr. Arnold: I( 'I'a~MIAMI TRAI! NAPi.t:S. tq,ORID.,\ 34112 (941) 732-2575 }:AX: (941) 732-2526 This office has reviewed your request to vacate the above-referenced 30'public road right-of-way easement. The Collier County Water-Sewer District has no facilities in the area and xve, therefore, have no objection to the vacation of the _ 0 pubhc road right-of-way easement. Should you have any further questions, please feel fl'ee to contact me. Sincerely, ......... Edward N. Finn Public Works Operations Director CC' Paul Mattausch, Water Director Joseph Cheatbam. Wastewater Direclor Rick Grigg, Land Supceyor, Community Development New Page I Collier County Property Appraiser Tax Roll Inquiry System Page lofl · ~Oii~'-,N~m'~e-r :{}0288200004 Property '~'f~T ASSIGNED Address .... Owner Name LEWIS .IR, WALLACE L=& MARION H Addresses 6120 SVf 74TH AVE City._ ,MIAMI Stat~ FL---~I Zip 53143-1720 Lr~g-~T9~9-26 COMM NE CNR SEC, W Description 324FT, TO POB CONT W 4886.42FT,SLY 1326.31FT, E .~L~J~IT2~v. TIFT TO POB --I :Section ' 19 ,!Township 49 !!Range 26 i}Total ~',Acres 148.99 Millage Area 7O :Strap # 492619 001.0004B19 Use Code '151 Certified 1998 Tax Roll Market Valu'~'i Land~V~l~; S3,4 76,2~/8700- --Improved Valu~i As-~ssed Valu~ ~xempt Valud Tax ab~e~'~-l~ ~ TotaYT~xes;. S3,730700; Sales History Amount Book - Page Last Updated: 09/15/1999 /,7 http://www.collierappraiser.com/RecordDetail.asp?FoliolD=O0288200004 PINE RIDGE ROAD I'~ / ~'~ A OUT PARCEL ALEXANDRIA RELLEUM BALMORAL AELINCTON SEAGATE BAPTIST :HURCH OF CHRIST WHIPPOORWILL LAKES WHIPPOORWILL PINES PUD OUT PARCEL WHIPPOORWILL WOODS PUD~ ~u~c-r ~- I LEWIS (LIVINGSTON VILLAGE) WYNDEMERE PUD EXECUTIVE SUMMARY PETITION VAC 00-005 TO VACATE THE 8' LAKE MAINTENANCE EASEMENT ALONG THE REAR LOT LINE OF LOT 45, "TERRACINA AT THE VINEYARDS", AS RECORDED IN PLAT BOOK 29, PAGES 88 THROUGH 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 8 ' wide Lake Maintenance Easement. CONSIDERATIONS: Petition VAC 00-005 has been received by the Planning Services Department from Tom Masters, P.E. as agent for the petitioner, Vineyards Development Corporation, requesting the vacation of the above- described 8' wide Lake Maintenance Easement to accommodate proposed construction. Letters of no objection have been received from all pertinent agencies. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-005 for the vacation of the above-described 8' wide Lake Maintenance Easement; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: " DATE: .' Jolm R. Houldsworth Planning Services REVIEWED BY: ,/%.../4hgzf.,~ ~:v., I~.~.e -- DATE: Thomas E. Kuck, P.E. Engineering Review Manager REVIEWED BY: I~~AIC~ DATE: Plttllni~ng Services Departm?[~irector APPROVED BY: i-'-~; ~/" ~-:'ff'¢?'~---~ DATE: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services ,,..: ../Z2) 1 RESOLUTION NO. 2000- 2 3 RESOLUTION FOR PETITION VAC 00-005 TO VACATE THE 8' WIDE 4 LAKE MAINTENANCE EASEMENT ALONG THE REAR LOT LINE OF LOT 5 45, "TERiC-X. CINA AT THE VINEYMU)S", ACCORDING TO THE PLAT AS 6 RECORDED IN PLAT BOOK 29. PAGES 88 THROUGH 93, PUBLIC 7 RECORDS OF COLLIER COU?,rTY. FLORIDA. LOCATED IN' SECTION 5, 8 TO~,~SHIP 49 SOUTH, RANGE 26 E-MST. 9 10 WHEREAS, pursuant to Section 177.10I, Florida Statutes, Tom Masters. P.E., as agent for the petitioner, I 1 Michel Saadeh. does hereby reckue3t the vacation of the 8' wide Lake Maintenance Easement along the rear lot line 12 of Lot 45. "Terracina at the Vineyards", as recorded m Plat Book 29, Pages 88 through 93, Public Records of 13 Collier CounD', Florida; and 14 WHEREAS. the Board has this day held a public hearing to consider vacating said 8' wide Lake 15 Maintenance Easemem. as more fall3' described belo,~', and notice of said public hearing to vacate v, as gi',en as ! 6 required by la'.~: and 17 \\-idEKEAS. the granting of the vacation ?,-i!! not adversely affect the ov.-aership or right of con,.ement I 8 access of other proper%.' o~'.ners. 19 NOV;. THEREFORE, BE IT RESOLVED BY Tf'iE BOARD OF COL.'NTY COMMISSIONERS OF 20 COLLIER COL.~TY FLOPdD a that the foIIo,.,,im, be and :s hereby vacated: .z 1 See Exhibil "A" attached hereto and incorporated herein. 22 BE IT FLT, THER RESOLVED, that the Clerk to the Board is hereby directed to record a cexifiezl copy 23 of th~s Resolution ~:: the Official Rezc. rds of Collier CounE. Florida. and to make ?roper notatmn of 'dq:s vacation 24 on the re:orde2 p~at as reference2 uso,. e 25 Tn:s Reso!unon adopte2 aster motion, secezd and r. a3onty vote favonng same. DATED: ATTEST: BOARD OF COLiNTY COMMISSIONERS DWIGHT E BROCK. Clerk COLLIER COL%WT. FLORIDA 26 27 28 29 30 3l 32 33 34 35 36 37 38 Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Count).' Attorney TIMOTHY J CONSTANTINE. Chairman /723 COASTAL ENGINEERING CONSULTANTS INC C:_Ci Gr~ap Services ~17'- ' 2: -~ LOT 45 OF TERRACINA PLATTED MAINTENANCE EASEMENT TO BE VACATED DESCRIPTION ALL OF '~HAT PART OF THE MAI."4, TENANCE' ' EASEMENT LYING WITHIN LOT 45 OF TERRACINA, A SUBDIVISION AS RECORDED IN PLAT BOOK 29, PAGES $$ THROUGH 93, OF THE PUBLIC RECORDS OF COLLIER COUTNTY. FLORID.A. THE ABOVE DESCRIBES ,AN AREA OF ,APPROXIMATELS' 1,968 SQUARE FEET 0.05 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS ,AND RESERVATIONS OF RECORD. COASTAL ENGINEERING CONSULTANTS. INC. FLORI~)A BUSI_ ESS-ALTHOR[ZATION NO. LB 2464 RICHARDJ EW[NG, X'.P. " PROFESSION.AL SUR\'ES'OR .AND MAPPER FLORIDA C'EkTiF!CATE NO. 52O5 NOT VALID ',~..'IT~iOL-T THE SIGN.ATL:RE .AND THE ()RIGIN.&i. RAISED SE.-x L OF A FLORLDA LICENSED St R', EYOR .AND %lAPPER ('E( ~ILE NO. 99.300 DATE: S-,"a- :~- Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: / ~(' ("f' '~' '- (' - Petition #: . ~. 0. ("(' ":~ Petitioner: VINEYARDS DEVELOPMENT CORP. Address: 98 VINEYARDS BOULEVARD Telephone: 353-1551 City/State: NAPLES, FL Zip Code: 34119 Agent: N/A Address: Telephone: City/State: Zip Code: Address of Subject Property: . 434 TERRACINA COURT Location: Section 5 Township. 49S Range. 26E Subdivision: Terrac±na Legal Description: Lot 45 Block - Unit - Plat Book 29 Page(s) Reason for Request: Easement ±s dupl±caCed on ocher side of property. Current Zoning: SF 88-93 Does this affect density? NO I hereby authorize Agent above to represent me for this petition: signaturd of Petitioner - MICHEL SAADEH [] Yes ~ No FEBRUARY 16~ 2000 Date PRESIDENT AND CEO Print Name (Title) -- Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major- stockholders. . . If applicant is a partnership, limited partnership or other business entity, indicate the nam,e~f~.~ principals. //.- List all other owners. Attachment "B" Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 ~ Official Receipt Trans Number 180126 Date - ' ' P~)Si Da.t~ ' '__Pmt ~Slip .... #- i: --~--Status. 7 - 02/15/2000 8:28i0i AM -'- 02/15/2000 MS-66386 POSTED VINEYARDS DEV CORP New or Exist: N Payor'VINEYARDS Fee Code Description 12F'VAC PETITION TO VACATE Fee Information GL Account Amount Waived ' i ~3~8§00329~ 0000000 ..... --$100(~.~0 Total $1000.00 Payment Code Account/Check Number CHECK 25296 Memo: Vacation of Easement Check No. 25296 Payments Amount $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Cashier/location: GARRETT S / 1 User: AKERS T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:02/15/200~ 8:28:37 AM This Documenl Prepared By and Return [o: 98 Vineyards Boulevard Naples, Florida 34119 (941) 353-1973 Parcel ID Number: 7 6710001022 Grantee #1 TIN: Grantee #2 TIN: Warranty Deed 2519860 OR: 2582 PGe 1540: tl~01l)lD i~ O/HCI/~ ~¢01~$ of CO~II~ COUI?I, ~ DOC-.~O 980.0 Pi0 ~8 ¥I¥1IARD$ This Indenture, Madethis 30th day of July ,1999 A.D., Between Vineyards Development. Corporation, a cox-potation existing under the laws of the State of Florida of thc Coun~ of Collier , State or Florida , grantor, =d MICHEL SAADEH, an unmarried man 5995 10th of the County of Collier , Sine of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of ........................ TEN DOLLARS ($10) DOLLARS. and other good and valuable considcraUon to GRANTOR in hand paid by GRANTEE, thc receipt whereof is hereby acknowledged, has granted, bargained and sold Io thc said GRANTEE and GKANTEE'S heirs, successors and assigns foreven the following described land, situate, lying and b~ing in thc County of Collier State of Florida to wit: Lot 45, TERRACINA AT THE VINEYARDS, according to the plat thereof, as recorded in Plat Book 29, Pages 88 through 93, inclusive, Public Records of Collier County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 1999 and subsequent years. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever; and thc grantor does hereby fully warrant thc tide to said land. and will dcfend thc same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signe~d delivered in our presence: Vineyards Development Corporation Prin . am.: ' By: --', (S,al) Michel Saadeh'~-~-esii:teg~ & CEO ' J - P.O. Address: 98 Vine)ards Blvd., Naples, FL 34119 Witngss ~ Printed N~me: - ],~n $' [~a-65 Witness (Corporate Seal) STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before mc this 30th day of July , 19 99 by Michel Saadeh, President & CEO o£ Vineyards Development Corporation, a Florida Corporation, on behalf of the corporation he is personally knov,-n lo me or he has produced his Florida cL~iver ~ s '[ icense as idcntificanon. ":..~ ~, '.',,mm~si,,,~ ~,. :_,. 3~6:: Printed Name: SANDRA A, %~ALSH '" ','.",r.m,.',:.i,,:,C.r, ,'::' Notary Public v-... .... . .. My Commtssion Expires: 12/21/2000 F~b ~ 1 O0 03: lOp (~41) 455-505? .O Vineyards Februa~ 11, 2000 Stan Crzanowski, P.E., Engineering Review COLLIER COUNTY DEVELO~>M !:~NT SERV (;ES 2800 N. Horseshoe Drive Naples, FL 33942 FAX: 643-6968 4 pages Proposed Vacation of Mi~int~:nance Ease: nent Terracina Lot 45 Dear Start: As discussed, please review the attac red legal de 5,:ription and sketch for the proposed vacation of the Mainlenance Easement on Io~ 45 in Terracim I~'or Michel Saadeh. This particular lot has at least 20 feet of access between t?e let line and tt~ '~ lake, thereby duplicating the Maintenance Easement. I have also enclosed Johr Boldt's apl roval. Upon your review, please contac': ou~' offi,:;e wit[ any questions or concerns you may have regarding this vacation. If acceplabl~, please sig~ and return correspondence back to our office. Thank you in advance for your assist mce !in this ratter. Sincerely, Tom Masters, P.E. Director of Engineering SIGNATURE OF NO OBJECq'IO N: I, Start Crzanowski, have reviewed t}'e above and have no objection to the Vacation of the easement. Signature Date Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 34119 (941) 353-1551 · Fax: (941) 455-5057 /7/> ._ Feb 14 Fee) O0 0 1: 11 O0 lO:'l.?a (941] 455-5057 (~411 455-5057 p.1 p.l Vi Oneyards February 11, 2000 Mr. John Boldt, P.E. & P.S.M. Stormwater Management Dkectc r Collier County Stormwater mann ~en' ent 3301 Tamiami Trai) East. Bid. H Naples FL 34112 Proposed Vacation of Ma iht( :~ance Easm ~ mt Terracina Lot 45 Dear John: As discussed, please review the ~ ::tat ,ed legal des, :ription and sketch for the proposed vacation of a Maintenance Easement on lot a 5 ir Terracina. "},is particular lot has at least 20 feet of access between the lot line and the lake. Upon your review, please contac, O[ ~. I O~C;[~ Witl[ ~ [: y questions or concerns you may have regarding this vacation. I£accepl abJ,:., plea.:ie sign t;~d return correspondence back to our office. Thank you in advance for your as sis:;~nce irt this rca tter. Sincerely, Saadeh President and CEO SIGNATURE OF NO OBJE(?I<)'~: I, John Boldt, have reviewed th,_' [bo,,'e and hay e r~ ~ objection to the Vacation of the easement Date Vineyards Development Corpora, 98 Vineyards Boulevard Naples, FL 34119 (941) 353-1551 - Fax: (941)455-5057 Vineyards February 11, 2000 Mr. John Houldsworth Planning Services, Engineering Review 2800 North Horseshoe Drive Naples FL 34104 Re: Proposed Vacation of Drainage Easement Terracina lot 45 Dear John: Please find the enclosed petition to vacate a Maintenance Easement on Lot 45, Terracina This easement is duplicated by a minimum of twenty feet of access between the property line and the lake. The adjacent property owners include: Lots 42~44 and 47-49 Vineyards Development Corp. 98 Vineyard Blvd. Naples FL 34119 Lot 46 Passavant, Philip and Beverly 4643 Shearwater Lane Naples FL 34119 As Developer of this project Vineyards Development Corp. controls the Terracina Home Owners Association and has no objection to the proposed vacation. Additionally, Letters of no objection will be forthcoming from John Boldt and Stan Crzanowski. Upon receipt of these two letters of no objection the application will be complete. Please notify me immediately if this is not the case. Sincerely, Torn Masters, P.E. Director of Engineering Vineyards Development Corporation 98 Vinc~ard~ Boulcvard Naples. FL 34119 (9~1)353-1551 ®Fax:(9411455-5057 lTD At-' Z rm < TERRACINA AT THE VINEYARDS PLAT BOOK ~ PAGE ~L~ TERRACINA AT THE VINEYARDS A ~U~DIV~SION OF PART OF TRACT BB AND A REPLAT OF A PART OF TRACT L~22. THE VINEYARD~, UNIT AND BEING A PORTION OF ~ECTION $ AND 8ECTION B, TOWNgHIP 49 ~IOUTH, RANGE 2e EAST. COLLIER COUNTY. FLORIDA, TERRACINA AT THE VINEYARDg ~U~O~VI,S,*O~ OF PART OF TRACT N, AND A REPL PART OF TRACT L-22, THE VINEYAROg, L~IT 3A. TERRACINA AT THE VINEYARDS ® ® 6' ® TERRACINA AT THE VINEYARDS- TERRAClNA AT THE VINEYARDS EXECUTIVE SUMMARY A RESOLUTION AMENDING THE LEGAL DESCRIPTION OF RESOLUTION 2000-28 FOR A PROPERTY KNOWN AS SAINT VINCENT DEPAUL THRIFT STORE TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. OBJECTIVE: To correct a scrivener's error in the legal description of Resolution 2000-28. CONSIDERATION: The Board of Zoning Appeals approved Resolution 2000-28 on January 25, 2000 permitting a side yard variance. The legal description contained in the resolution was incorrect. FISCAL IMPACT: None. GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the scrivener's error correction to Resolution 2000-28. PREPARED BY: FRED~EISCHL SENIOR PLANNER RG~NALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE 4 F~OB~R'T J. MULHERE, AICP DATE PLANNING SERVICES DIRECT .O.l~ / / / .-~ VINCENT ~. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~TOR RESOLUTION NO. 2000- RELATING TO PETITION NL.WiBER V-99-08. FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN' COLLIER COU.,WTT. FLORIDA. WHEREAS. the Legislature of th, ~tate 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 Count3,', among which is the granting of variances; and ~q-IEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heanng after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from 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 BT THE BOARD OF ZONING .APPEALS of Collier County. Florida. that: The Petition V-99-08 filed by James M. McGann. representing SocieD' of St. Vincent de Paul Thrift Store. with respect to the property, hereinafter described as: The west 128 feet of the east 4.14 feet of Lot 133. Naples Grove & Truck 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 from 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. 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: TIMOTHY J. CONSTANTINE, CHAII:CMAN Marni M. Scuderi Assistant Count).' Attorney G admm %-99-08 RESOLUTION T R ts -2- L N Exhibit "A" EXECUTIVE SUMMARY PETITION NO. R-99~12, LISA H. BARNETT OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP REPRESENTING BENEDICT P. MIRALIA, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "C-4" FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41 NORTH APPROXIMATELY 1500 FEET SOUTH OF THE WIGGINS PASS ROAD INTERSECTION, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.53 ACRES. OBJECTIVE: This petition seeks to rezone the 3.53 acre subject property from Rural Agricultural, "A" to General Commercial; "C-4", in order to permit development and make the property usable for the range of potential commercial uses permitted within the C-4 zoning district. CONSIDERATIONS: The petitioner does not disclose any specific future development plans for the site, however, merely indicates a desire to develop the property to allow for the possibility of a range of permitted uses in the C-4 zoning district. Commercial land uses are not permitted within the site's current Rural Agricultural, "A" zoning district. One way to achieve the petitioner's objective is to rezone the subject property to a district that will allow the intended land uses. The site will be located within the Urban Mixed Use Activity Center district as designated area on the Future Land Use .Map, as amended, once the EAR-based amendments to the FLUE of the GMP become legally effective. Timing - There art no issues of timing inasmuch as the land is becoming ripe for development as well as the entire surrounding environment, which is serviced with an optimum level of comrnunity infrastructure. PROS/CONS: Pros The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate commercial zoning district(s) as defined in the Land Development Code, within the Urban Mixed Use Activity Center land use designation which permit uses characterized as commercial, such as retail shopping centers. In the opinion of staff, an action to rezone the property to C-4 for commercial land uses meet the criteria for serving the community at large and is consistent with the locational criteria for commercial land uses as described in the FLUE. Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs. Abutting properties to the north and east are zoned PUD, C-3 and C-4. The property to the west is zoned for a Community Facilities, CF. The subject site fronts on U.S. 41, and given the commercial zoning of the abutting properties, is likely unsuitable to be developed for residential land uses. Cons None. ~._.,, FISCAL IMPACT: At buildout, a commercial project will generate the following amount of impact fees: Proposed Commercial (C-4) District 3.53 acres developed with 35,000 sq ft F.A./1,000 x $5,000 (road) = $175,000.00 F.A. x 0.30 (fire) = $10,500.00 F.A. x 0.005 (radon gas) = $175.00 F.A. x 0.005 (bldg code) = $175.00 F.A./1,000 x $250.00 (EMS) = $8,750.00 Total 35,000 sq ft comm = $194,600.00 Development of the site for a commercial use, should the site be rezoned to commercial and developed with 35,000 square feet of commercial floor area, will generate approximately $194,600.00 in impact fees. Because impact fees vary by housing type and type of commercial development, and because this appraisal does not provide this level of specificity as to the actual type of use, the total impact fees quoted are at best raw' estimates. Additionally, it should be recognized that there is no guarantee that the project at buildout will have maximized their authorized level of development. In addition to the impact fees described there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the Community Development review costs, whereas utility fees are based on their proportionate share of impact to the County system. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of serxTice 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 approval of this rezoning request will not affect or change the i'equirements of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The site is located within the Urban Mixed Use Activity Center surrounding the intersection of U.S. 41 and Wiggins Pass Road, as amended and adopted, but not yet legally effective. The present legally effective Activity Center boundaries end at the subject site's northern property boundary. The adopted, but not yet legally effective activity center boundaries for this intersection indicate that the proposed activity center boundary will end at the southern property boundary line of the subject site. To that extent this petition is inconsistent with the Future Land Use Element of the GMP. Once the EAR-based amendments to the FLUE become legally effective, this petitioh will be consistent with the FLUE to the GMP. At the January 14, 1997 meeting, the Board of County Commissioners directed staff to expand the boundaries of the Activity Center to include this parcel. However, related GMP revisions have been delayed over unrelated elements of the amendment package. Transportation Element - The ITL Trip Generation manual indicates that the proposed C-4 development will generate a driveway volume of approximately 2,000 trips per weekday (AADT). Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on U.S. 41. Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the TCE. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any State or County road within the project's radius of development influence (RDI). The TCE indicates that this segment of U.S. 41 is a 4-lane arterial road in the project area. The current traffic count for this road segment is 45,563 ADT that results in LOS "F". Since this segment is scheduled to begin construction to a 6-1ane facility by 2000, raising the LOS rating to LOS "B" upon completion, this project is deemed consistent with Policies 1.3 and 1.4 of the TCE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, an historical/archaeological survey and assessment is required. It should be noted that the historic properties with a low potential for historic or archaeological artifacts might qualify for a waiver from the survey and assessment requirement. The petitioner has applied for a waiver from the survey requirement, the status of the request is unknown at this time. Should a waiver be denied, a survey will be required. If required, staff's review of the survey and assessment shall be presented to the Planning Commission and the Board of County Commissioners for consideration for incorporation into the local development o'rder. 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 discover), shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect ofrezoning certain lands from Rural Agricultural, "A" to General Commercial, "C-4" with the following conditions: 1. The developer shall be required to obtain a Roadway Connection Permit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrance. The developer shall be responsible for the construction of turn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These improvements are site related, and therefore, shall not be eligible for credit toward any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. 3. An environmental impact statement (LIS) shall be submitted for review and approval by the Environmental Advisory Council (LAC) at the time of site plan submittal. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to bald eagles. Unless a waiver is granted exempting the petitioner from the requirement for an Archaeological and Historical aSsessment and survey, the petitioner shall comply with the guidelines and recommendations presented in the Archaeological and Historical assessment and survey. EAC RECOMMENDATION: An environmental impact statement (EIS) will be required to be submitted for review and approval by the Environmental Advisory Council (EAC) at the time of site plan submittal. PLANNING COMMISSION RECOMMENDATION: At a meeting held on March 2, 2000, the Collier County Planning Commission, the Commission voted unanimously to recommend approval of petition R-99-12 to the Board of County Commissioners subject to staff's stipulations. PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER · - c DATE nY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANLNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition # R-99-12, Miralia rezone Tentatively scheduled for the March 14, 2000 BCC meeting. DATE /?/: MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 1, 2000 PETITION NO: R-99-12, Miralia OWNER/AGENT: Applicant: Benedict P. Miralia, Trustee c/o AJS Realty Group, Inc. 3800 Airport Pulling Road N. Naples, FL 34104 Agent: Lisa H. Barnett Cheffy, Passidomo, Wilson & Johnson, LLP 821 Fifth Avenue South Naples, FL 34102 REQUESTED ACTION: This petition seeks to rezone the 3.53 acre subject property from Rural Agricultural, "A" to General Commercial, "C-4", in order to permit development and make the property usable for the range of potential commercial uses permitted within the C-4 zoning district. GEOGRAPHIC LOCATION: The subject site is located on the west side of U.S. 41 North, just south of the intersection of Wiggins Pass Road (C.R. 888) and U.S. 41, immediately abutting the Germain Automotive Facility PUD to the north. The site is presently vacant, and is located in Section 16, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner does not disclose any specific future development plans for the site, however, merely indicates a desire to develop the property to allow for the possibility of a range of permitted uses in the C-4 zoning district. Commercial land uses are not permitted within the site's current Rural Agricultural, "A" zoning district. One way to achieve the petitioner's objective is to rezone the subject property to a district that will allow the intended land uses. I' SURROUNDING LAND USE AND ZONING: Existing: The subject 3.53 acre site is currently vacant. It has 253 feet of frontage on U.S. 41 and is 600 feet deep. Surrounding: North: The property to the north is zoned PUD, Germain Automotive Facility and is developed with an automotive sales and service facility. South: The property to the south is zoned "A," Rural Agricultural and is currently vacant. East: The property to the east is the U.S. 41 right-of-way; further east, land with a C-3 zoning designation, developed with a retail commercial center. West: The property to the west is zoned CF, and has provisional use for a Boy Scout camp which expired in August, 1982. The property is undeveloped. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within the Urban Mixed Use Activity Center surrounding the intersection of U.S. 41 and Wiggins Pass Road, as amended and adopted, but not yet legally effective. The present legally effective Activity Center boundaries end at the subject site's northern property boundary. The adopted, but not yet legally effective activity center boundaries for this intersection indicate that the proposed activity center boundary will end at the southern property boundary line of the subject site. To that extent this petition is inconsistent with the Future Land Use Element of the GMP. Once the EAR-based amendments to the FLUE become legally effective, this petition will be consistent with the FLUE to the GMP. At the January 14, 1997 meeting, the Board of County Commissioners directed staff to expand the boundaries of the Activity Center to include this parcel. However, related GMP revisions have been delayed over unrelated elements of the amendment package. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, an historical/archaeological survey and assessment is required. It should be noted that the Historic properties with a low potential for historic or archaeological artifacts might qualify for a waiver from the survey and assessment requirement. The petitioner has applied for a waiver from the survey requirement, the status of the request is unknown at this time. Should a waiver be denied, a survey will be required. If required, staff's review of the survey and assessment shall be presented to the Planning Commission and the Board of County Commissioners for consideration for incorporation into the local development order. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the appropriate Planning Services Department staff and the Transportation Services Division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval with conditions as presented in the attached ordinance for adoption. ANALYSIS: Appropriate evaluation of petitions for rezonings should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent pein'fitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by the Board of County Commissioners. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existin~ Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate commercial zoning district(s) as defined in the Land Development Code, within the Activity Center subdistrict land use designation which permit uses characterized as commercial, such as those uses permitted by right in the C-4 zoning district. In the opinion of staff, an action to rezone the property to C-4 for commercial land uses meet the criteria for serving the community at large and is consistent with the criteria as described in the Activity Center Subdistrict in the FLUE. A rezoning action having the effect of rezoning approximately 3.53 acres will be consistent with the provisions of the FLUE in the event EAR- based amendments are finally approved. The effective date of the ordinance will limit development on this site to those uses and standards which are consistent with the Rural Agricultural district and makes this zoning action if approved, consistent. It is not sufficient that a petition only need to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to a C-4 zoning district is compatible with its surrounding environs. Abutting properties to the north and east are zoned C-3, C-4, and PUD all of which permit commercial land uses. The subject property is the final piece of property remaining in this Activity Center (as amended but not yet legally effective), which has yet to be rezoned. The amendment to the Growth Management Plan to include this property within the Activity Center will allow the property to be rezoned to a zoning district which is compatible with adjacent and nearby zoning land uses in the same Activity Center. The property to the west is zoned "CF" Community Facilities, and is currently undeveloped. The "CF" zoning district provides an appropriate transitional zoning district between the subject site and the residentially zoned property further west. The "CF" zoning district permits non-residential land uses typically characterized as public facilities, institutional land uses, recreational land uses and other uses which generally serve the community at large. The property to the south is currently zoned "A," Rural Agricultural, is undeveloped and is located outside the adopted Activity Center boundary, at its southern boundary. The existing approved zoning within the Activity Center is a mixture of the C-2, C-3 and C-4 districts as well as three PUD's. The property abutting the subject site to the north is zoned PUD and is developed for retail automotive sales and service as part of the Germain Automotive facility. Retail Automotive Sales and Service is a use which is permitted by right in the C-4 zoning district. Timin~ - There are no issues of timing inasmuch as the land is ripening for development as well as the entire surrounding environment. Central public water and sewer will serve the project at the time of development. Traffic - The ITE Trip Generation manual indicates that the proposed C-4 development will generate a driveway volume of approximately 2,000 trips per weekday (AADT). Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on U.S. 41. Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the TCE. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any State or County road within the project's radius of development influence (RDI). The TCE indicates that this segment of U.S. 41 is a 4-lane arterial road in the project area. The current traffic count for this road segment is 45,563 ADT that results in LOS "F". Since this segment is scheduled to begin construction to a 6-lane facility b/y~,,,/,.~/ 4 2000, raising the LOS rating to LOS "B" upon completion, this project is deemed consistent with Policies 1.3 and 1.4 of the TCE. STAFF RECOMMENDATION: Staff recommends that the CCPC forward this petition to the Board of County Commissioners with a recommendation for approval, having the effect ofrezoning certain lands from Rural Agricultural, "A" to General Commercial, "C-4" with the following conditions: 1. The developer shall be required to obtain a Roadway Connection Permit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrance. The developer shall be responsible for the construction of turn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These improvements are site related, and therefore, shall not be eligible for credit toward any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. 3. An environmental impact statement (EIS) shall be submitted for review and approval by the Environmental Advisory Council (EAC) at the time of site plan submittal. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to bald eagles. Unless a waiver is granted exempting the petitioner from the requirement for an Archaeological and Historical assessment and survey, the petitioner shall comply with the guidelines and recommendations presented in the Archaeological and Historical assessment and survey. PREPARED BY: SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIE~C~ED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE RO~ER'F"J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number: R-99-12, Miralia Rezone Staff Report for the March 2, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the March 14, 2000 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON 6 REZONE FINDINGS FOR PETITION R-99-12 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following where applicable: 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 rezoning action and subsequent development will be in compliance with the Future Land Use Element of the Growth Management Plan for Collier County once it has been amended to include this parcel within the Activity Center boundaries surrounding the intersection of U.S. 41 and Wiggins Pass Road (C.R. 888). 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Existing: The subject 3.53 acre site is currently vacant. It has 253 feet of frontage on U.S. 41 and is 600 feet deep. Surrounding: North: The property to the north is zoned PUD, Germain Automotive Facility and is developed with an automotive sales and service facility. South: The property to the south is zoned "A," Rural Agricultural and is currently vacant. East: The property to the east is the U.S. 41 right-of-way; further east, land with a C-3 zoning designation, developed with a retail commercial center. West: The property to the west is zoned CF, and has provisional use for a Boy Scout camp which expired in August, 1982. The property is undeveloped. Summary Findings: The proposed rezoning and subsequent use of the property for a retail commercial development is compatible with the surrounding properties which are zoned for commercial land uses to the north and east, abutting the subject site. 7 e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/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, and will result in an extension to allow commercial land uses similar to the PUD zoning district to the north. Adjacent properties to the north, east and west C-4, C-3, C-2 and PUD to allow' commercial uses. The parcel as it is currently zoned, Agricultural, is an isolated zoning district relative to surrounding properties. A rezoning action to C-4 will alleviate the site's current isolated district status under its current Agricultural zoning designation. Whether existing district boundaries are illogically drawn in relation to existing conditions on the properD' proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn and they are consistent with the adopted, by not yet legally effective, Activity Center Boundaries on the FLUM to the GMP. The rezoning action does not change the fact that development is for commercial retail purposes related to nearby commercial land uses and is being rezoned consistent with the Activity Center subdistrict provision of the FLUE. 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 as adopted but not yet legally effective will remains consistent once the EAR-based amendments to the FLUE are considered legally effective. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) A rezoning action that is consistent with a community's comprehensive master plan is a statement that acknowledges the action as contributing to the basic goals and objectives of master planning which is the promotion of the overall public health, welfare and safety, and is therefore also part of the equation which promotes the best principles of neighborhood composition. The proposed change will have the affect of permitting a commercial land use on the property, similar to surrounding properties to the north and east, within the same Activity Center boundaries. Con: Some people may find any form of non-residential land use in this area as offensive and adversely influencing their perception of neighborhood conditions. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because once the Activity Center boundary is legally effective, the change is consistent with the goals and objectives of the master plan and because recommended development standards and other conditions for approval that come into play at subsequent approval phases are 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 incompatible with surrounding land uses, because of peak volumes or projected t3'pes 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 xvith 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. Whether the proposed change will create a drainage problem; Pro/Con: Evaluation not applicable. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships upon original development. Any redevelopment of the site will require design and construction plans, which shall meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. 9 -~-~- 9. Whether the proposed change will seriously reduce light and air to adjacent areas: 10. 11. 12. Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The criteria governing development in the C-4 zoning district were designed to take into account the proximity of any nearby residential land uses. Whether the proposed change will adversely affect property values in the adjacent area: Pro/Con: Evaluation not applicable. Summary Findines: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findines: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Surrounding properties which are developed appear to be in a well-maintained condition. 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. 10 13. 14. 15. 16. Summary Findings: The proposed development complies with the adopted 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 as made possible by its consistency relationship with the Future Land Use Element of the Comprehensive Plan. Whether the change requested is out of scale with the needs of the neighborhood or the County; 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 find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This is 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. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary FindinGs: The site is currently undeveloped. The normal disruption of property attendant to the development phase is to be expected. To this extent the current natural vegetation will be removed and certain earth fill activity will be required to prepare the site. 11 /7 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier Count' Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Public facilities are available, and their Level of Service is commensurate with Adequate Public Facilities standards. 12 APPLICATION FOR PUBLIC HEARING FOR: ST~I~ARD REZONE Petition No.: Date Petition Received: L.. Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Bened±ct P. M±ral±a, Trustee Applicant's Mailing Address c/o AdS Realty Group, City Naples Applicant's Telephone # Name of Agent Lisa H. Agent's Mailing Address City Naples Agent's Telephone # 941-649-4422 Inc., 3800 Airport Pulling Road N. State FL Fax # Barnett Firm Cheffy 821 Fifth Avenue South Smte FL 941-26i-9300 Fax# Zip 34104 941-261-6372 Passidomo Wilson & Zip 34102 941-261-0884 Johnson, LLP COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 1 OF 15 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 COP,.POKATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Co 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 Ann Musca * 1/7 Molly E. Musca * 1/7 Anthony J. Musca, III * 1/7 Maria Musca * 1/7 Kathleen Musca * 1/7 Joseph Musca * 1/7 John Musca * 1/7 * Address: 1202 Bond Court Building, APPLICATIO~FORPUBLIC HRARINGFORSTA~DARDR£ZO~E-~8 1300 East 9th Street, Cleveland, PAGE 2 OF15 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 Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Date of Contract: Name and Address Percentage of 0wnership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property, acquired [] leased [] 4/5/88 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 3 OF 15 / ?,/.."- 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: Of space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pm-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an en~neefs certification or sealed survey may be required. Section: 16 Township: 48 s Range: 25 E Lot: N/A Block: N/^ Subdivision: N/^ Plat Book N/A Page #: N/^ Property I.D.#: Metes&BoundsDescript/on: See attached Exhibit "A" which is incorporated herein By reference Size ofproperty: 578.23 ~. X 264.09 ~. = TomlSq. Ft. 153,800.39 Acres 3.53 (610.23) Address/general location of sub_iect property; West side of US 41 North approximately Ad_iacent zoning and land use: Zoning feet south of intersection with Wiggins Pass Road N PUD Germmin S A Vacant E C-3 R~r~l W CF Vacant Land use Automotive Facility 4t) APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE PAGE 4 OF 15 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description inadequate, attach on separate page). Section: Township: Lot: Block: Plat Book Page #:__ of entire contiguous property. (If space is Metes & Bounds Description: Range: Subdivision: Property I.D.#: Rezone Request: This application is requesting a rezone from the Rural Asr±cultural zoning district (s) to the General Corn~r~al zoning district(s). Present Use of the Property: vacant (A) Proposed Use (or range of uses) of the property: . general commercial district. All permitted uses in the C-4 Evaluation Criteria: Pursuant to Section 2.7.2.5. 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 5 OF 15 Standard Rezone Considerations t'LDC Section 2. 7. 2.5 ) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. '5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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 types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light 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. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 6 OF 15 10. 11. 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 districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availabilitY of adequate public facilities and services cons',tstent 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. iff, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded fi-om enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association ha the area for wkich this use is being requested in order to ascertaLn whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the natUre of that hearing? I~o Additional Submittal requirements: In addition to th.is 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 fil~een (15) copies of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCI'C]; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 7 OF 15 · all existing and proposed structures and the dimensions thereof, · provisions for existing and]or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and]or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and]or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant'and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - ~/98 PAGE 8 OF 15 EXHIBIT "A" PARCEL NO. 1: That certain pan of the E 1/2 of the SE 1/4 of Section 16, Township 48 South, Range 25 East, described as follows: Beginning on the W line of U.S. Highway 41 (Tamiami Trail) at a point 1480.3 feet S of the N line ofsa/d E 1/2 of SE 1/4 measured along the W line of Highway and such line produced; thence W at right angles 660 feet; thence S parallel with highway 132 feet; thence E at right angles 660 feet to highway; thence N along W line of highway 132 feet to point of beginning; containing 2 acres and adjoining the so-called Semler Tract on the South. PARCEL NO. 2: , That certain part of the E 1/2 of SE 1/4 of Section 16, Township 48 South, Range 25 East, described as follows: Begirming on the W line of U.S. Highway 41 (Tamiami Trail) at a point 1612.3 feet S of the N line of said E 1/2 of SE 1/4 measured along the W line of highway and such line produced; thence W at right_angles 660.£e__~ thence S parallel with highway 132 feet; thence E at right angles 660 feet to highway; thence N along W line of highway 132 feet to Point of Beginning, containing 2 acres, adjoining and on S side of that certain tract described in that certain agreement of sale dated October 4, 1940 between the Naples Tropical Realty Company and David L. Hogue and Eunice Hogue, his wife, said tract being parcel 1 described aforesaid. Less that parcel of property deeded to State of Florida for the use and benefit of the State Road Department of Florida, Holland Building, Tallahassee, Florida. F \ WP DOCS',KE'O~fUS CA',TRA I L E Rx, EXI-ff B IT. A STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # o v SOT COPIES REQUIRED REQUIRED 1. Completed Application 15 x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation x 3. Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 × 5. Conceptual Site Plans 15 x 6. EnvironmentalImpact 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 × 10. Historical & Archaeological Survey or Waiver 4 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 - Collier County Board of Commissioners x 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 this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 14 OF 15 NARRATIVE STATEMENT Application for Standard Rezone Applicant: Benedict P. Miralia, Trustee The proposed change is a request for a rezone from Agricultural (A) to General Commercial (C-4). The property is approximately 3.53 acres in size and is located within a quarter mile from the intersection of Wiggins Pass Road (C.R. 888) and Tamiami Trail North (U.S. 41). The property lies within mixed use activity center # 20 on the future land use map, and the requested rezone is consistent with the goals, objectives and policies and future land use map and the elements of the growth management plan. The future land use element of the growth management plan, as amended, specifically allows for commercial designations within an activity center. The existing land uses surrounding the subject property are primarily commercial with the Germain automotive PUD directly adjacent to the property. The rezone would not create an isolated district unrelated to adjacent and nearby districts. Additionally, the existing district boundaries are not illogically drawn. The intersection of US 41 and Wiggins pass Road is changing consistent with the growth in North Naples and these changing conditions make the passage of the rezone necessary. Since this is a primarily commercial area, the rezone will have no effect on living conditions in the neighborhood. The proposed rezone will not create or excessively increase traffic congestion nor will the proposed rezone create a drainage problem or seriously reduce light and air to adjacent areas. The proposed rezone will potentially increase property values in the adjacent area by causing the property to be consistent with adjacent properties and with the area as a whole. The proposed rezone will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; nor will it constitute a grant of a special privilege to an individual owner. The property cannot be used in accordance with its existing zoning. As stated above, the 'property lies within a designated activity center on the future land use map, however, it is currently zoned Agricultural (A). The current zoning designation does not permit any commercial uses and is limited to residential or agricultural uses. The change suggested is consistent with the needs of the County as evidenced by the activity center designation. There will be site alteration and construction required to make the property usable for the range of potential uses permitted within the C-4 zoning district, since currently, the site is vacant land. The ultimate use o~' the property, as permitted by the C-4 zoning district if the rezone is granted, is not expected to create an impact on the availability of public utilities and services as defined and implemented through the Collier County Adequate Public Facilities Ordinance. F \%'PDOCDREXM U SC A\TR AILERLN AR.R ATI V. STM /7/-'"" ORDINANCE NO, 2000- AN ORDINANCE .4MENDING ORDINANCE NUMBER 91-102. THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED .~REA OF COLLIER COUNTY, FLORIDA, BY AMENT)ING THE OFFICIAL ZONING ATLAS MAP NUMBER 8516S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41 NORTH APPROXLMATELY 1500 FEET SOUTH OF THE WIGGINS PASS ROAD INTERSECTION, IN SECTION 16, TOWNSI--I]P 48 SOUTI-L RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURakL AGKICULTURAL TO "C-4" GENERAL COMMERCIAL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Lisa H. Barnett of Cheff3'. Passidomo Wilson & Johnson, LLP, representing Benedict P. M~ralia, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, IHEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONrE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 16, Townsh/p 48 South, Range 25 East, Collier County, Florida. is changed from "A" to "C-4" and the Official Zoning Atlas Map Number 8516S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective when the EAR-based Amendments to the Future Land Use Element to the Grovah Management Plan become legally effective as provided bv §1633189 (2)(a) of the Local Government Comprehensive Land Use Planning and Land Development Regulations Act. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count','. Florida. this dav of .2000 BOARD OF COUNTY COMMISSIONERS COLLIER COL~TY. FLORIDA ,ATTE S T DV~qGHT E BROCK. CLERK BY~ CHAIRMAN APPROVED AS TO FORM .~%ND LEGAL SUFFICIENCY Mami ~1 Scuden ASSIST.,N'T COL'.WTY ATTORNEY G adh'un R-99-12 CB ts EXHIBIT "A" PARCEL NO. 1: That certain part of the E 1/2 of the SE 1/4 of Section 16, Township 48 South, Range 25 East, described as follows: Beginning on the W line of U.S. Highway 41 (Tam/ami Trail) at a point 1480.3 feet S of the N line of said E 1/2 of SE 1/4 measured along the W line of Highway and such line produced; thence W at right angles 660 feet; thence S parallel with highway 132 feet; thence E at right angles 660 feet to highway; thence N along W line of highway 132 feet to point of beghming; containing 2 acres and adjoining the so-called Semler Tract on the South. -- PARCEL NO. 2: , That certain part of the E 1/2 of SE 1/4 of Section 16, Township 48 South, Range 25 East, described as follows: Beginning on the W line of U.S. Highway 41 (Tamiami Trail) at a point 1612.3 feet S of the N line of said E 1/2 of SE 1/4 measured along the W line of highway and such line produced; thence W at right angles 660 feet; thence S parallel with highway 132 feet; thence E at right angles 660 feet to highway; thence N along W line of highway 132 feet to Point of Begirming, containing 2 acres, adjoining and on S side of that certain tract described in that certain agreement of sale dated October 4, 1940 between the Naples Tropical Realty Company and David L. Hogue and Etmice Hogue, his wife, said tract being parcel 1 described aforesaid. Less that parcel ofproperty deeded to State of Florida for the use and benefit of the State Road Department of Florida, Holland Building, Tallahassee, Florida. Exhibit B 1. The developer shall be required to obtain a Roadway Connection Peri,nit from the Florida Department of Transportation (FDOT) prior to the construction of the project's entrance. The developer shall be responsible for the construction of turn lanes at the project entrance as may be required by the FDOT. All required turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for the developments. These improvements are site related, and therefore, shall not be eligible for credit toward any road impact fees required by the Collier County Road Impact Fee Ordinance, No. 92-22, as may be amended. 3. An environmental impact statement (ELS) shall be submitted for review and approval by the Environmental Advisory Council (EAC) at the time of site plan submittal. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to bald eagles. Uhless a waiver is granted exempting the petitioner from the requirement for an Archaeological and Historical assessment and survey, the petitioner shall comply with the guidelines and recommendations presented in the Archaeological and Historical assessment and survey.